Sea Fishing Boats (Scotland) Act 1886
| Jurisdiction | UK Non-devolved |
| Citation | 1886 c. 53 |
| Year | 1886 |
Sea Fishing Boats (Scotland) Act, 1886
(49 & 50 Vict.) CHAPTER 53.
An Act to amend the law relating to Sea Fishing Boats in Scotland.
[25th June 1886]
W HEREAS it is expedient to amend the Sea Fisheries Act, 1868, and to make further provision regarding sea fishing boats in Scotland:
Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
1 Short title.
1. This Act may be cited as theSea Fishing Boats (Scotland) Act, 1886, and shall be construed as one with the Sea Fisheries Act, 1868, and with any Orders in Council made under the said Sea Fisheries Act, 1868, and in force for the time.
2 Application of Act.
2. This Act shall apply to all sea fishing, boats as defined in the said Sea Fisheries Act, 1868, and the Orders in Council following upon it, which are or may hereafter be engaged in the prosecution of the sea fishing industry in Scotland.
3 Property in a boat divisible into shares.
3. The property in a sea fishing boat (herein-after called a ‘boat’) shall for the purposes of this Act be divided into sixteen shares, and not more than sixteen persons shall be entitled to be registered at the same time as owners of any one boat; but this shall not affect the beneficial right or title of any number of persons or of any company represented by or claiming under or through any registered owner or joint owner.
4 Joint ownership in a boat.
4. No person shall be entitled to be registered as owner of any fractional part of a share in a boat; but any number of persons, not exceeding five, may be registered as joint owners of one boat or of a share or shares therein.
5 Purchase and sale of boat.
5. A boat registered in a register of sea fishing boats under the Sea Fisheries Act, 1868, and the Orders in Council following upon it, or any share thereof, shall be transferred by bill of sale in the form contained in Schedule A. hereto annexed, or as near thereto as circumstances permit; but in order to the completion of a valid title in the person of a purchaser or other transferee, it shall be necessary that such bill of sale be intimated and produced to the collector of customs of the port at which the boat is registered, and that it shall be recorded by him in the register of sea fishing boats kept at the principal office of customs there in terms of the said Orders in Council and in the form contained in Schedule C. hereto annexed.
6 Loan on security of boat.
6. A boat registered as above or any shares or share therein may be made a security for a loan or other valuable consideration, and the instrument creating the security, herein-after termed a ‘mortgage,’ shall be in the form contained in Schedule B. (1) hereto annexed, or as near thereto as circumstances permit; and on the production of such instrument the collector of customs of the port at which the boat is registered shall record the same in the register kept there according to the form contained in Schedule C. hereto annexed, and in the column thereof headed ‘Mortgages.’
7 Recording of mortgage in register.
7. Every such mortgage shall be recorded by the collector in the order of time in which the same is produced to him for the purpose, and the collector shall, by memorandum under his hand, notify on the mortgage that the same has been recorded by him, stating the date and hour of such record, and each such mortgage shall have priority according to the time at which it is so recorded.
8 Discharge of mortgage.
8. Whenever any recorded mortgage has been discharged in whole or in part, the collector shall, on the production of the mortgage with a discharge for the whole amount of the loan or for a portion of it indorsed thereon duly signed and attested in the form contained in Schedule B. (2) hereto annexed, or as near thereto as circumstances permit, make an entry in the register to the effect that such mortgage has been discharged in whole or in part.
9 Right of mortgagee.
9. The holder of any such mortgage shall not be deemed to be the owner of the boat or of any share therein except in so far as may be necessary for making such boat or share available as a security for his debt; and every mortgagee whose name is duly recorded on the register shall have power to sell the boat or shares or share in respect of which his mortgage is recorded and to give effectual receipts for the purchase money, but if more persons than one are registered as mortgagees of the same boat or share no subsequent mortgagee shall sell such boat or share without the concurrence of every prior mortgagee.
10 Right of mortgagee when owner bankrupt.
10. No mortgagee whose mortgage, or, failing concurrence, without payment or consignation of the amount of any prior mortgage, is recorded on the register shall be affected by the bankruptcy...
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