Merchant Shipping Act 1894

28 Order for sale on transmission to unqualified person.

(1) Where the property in a registered ship or share therein is transmitted on marriage, death, bankruptcy, or otherwise to a person not qualified to own a British ship, then—

• if the ship is registered in England or Ireland, the High Court; or

• if the ship is registered in Scotland, the Court of Session; or

• if the ship is registered in any British possession, the court having the principal civil jurisdiction in that possession ; or

• if the ship is registered in a port of registry established by Order in Council under this Act, the British court having the principal civil jurisdiction there ;

may on application by or on behalf of the unqualified person, order a sale of the property so transmitted, and direct that the proceeds of the sale, after deducting the expenses thereof, be paid to the person entitled under such transmission or otherwise as the court direct.

(2) The court may require any evidence in support of the application they think requisite, and may make the order on any terms and conditions they think just, or may refuse to make the order, and generally may act in the case as the justice of the case requires.

(3) Every such application for sale must be made within four weeks after the occurrence of the event on which the transmission has taken place, or within such further time (not exceeding in the whole one year from the date of the occurrence) as the court allow.

(4) If such an application is not made within the time aforesaid, or if the court refuse an order for sale, the ship or share transmitted shall thereupon be subject to forfeiture under this Act.