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Vanuatu Consolidated Legislation |
Commencement: 13 April 1981
LAWS
OF THE REPUBLIC OF
VANUATU
REVISED
EDITION 1988
CHAPTER 131
Act
8 of 1981ARRANGEMENT OF SECTIONS
SECTION
CHAPTER
1
GENERAL
1. Interpretation
CHAPTER
2
ADMINISTRATION
2. Commissioner of Maritime Affairs
3. Deputy Commissioner of Maritime Affairs
4. Maritime
Administrator
5. Records
relating to vessels
6. Authority to administer oaths and take acknowledgements
7. Authority to issue radio station licences
8. Authority to issue licences, certificates
9. Suspension and revocation proceedings
10. Fees
CHAPTER
3
CONSTRUCTION
11. Adoption of general maritime law
12. Separability
13. General
penalty for
violation
14. Jurisdiction
15. Appeal
from Commissioner's decision
CHAPTER
4
DOCUMENTATION
AND IDENTIFICATION OF VESSELS
16. General provisions
17. Vessels eligible to be documented or re-documented
18. Registry fee, tonnage taxes
19. Annual tonnage tax
20. Conditions precedent to issuance of permanent Certificate of Registry
21. Oaths
22. Measurement
23. Certificate
of
measurement
24. Measurement
of vessels
25. Treatment of shelter-deck and certain other spaces
26. Tonnage statements in Certificate of Registry
27. Forms of documents
28. Numbering
Certificates of Registry and
licences
29. Provisional
Certificate of Registry to vessels
abroad
30. Conditions
precedent to issuance of provisional certificate
31. Conditions precedent to issuance of bareboat charter Certificate of Registry
32. Denial
of
document
33. Waiver
of certain requirements of chapter 4
34. Sale of document forbidden
35. Sale
or transfer
abroad
36. Transfer
to foreign registry
37. Application for surrender of documents
38. Surrender
of Certificate of
Registry
39. Surrender
of documents of vessel subject to preferred
mortgages
40. New
document
41. Builder's
certificate
42. Names, numbers and marks on vessel
43. Numbering
of
vessels
44. Change
in name of
vessel
45. Inspection
of
document
46. Display
of ship's papers to
consul
47. Perjury
48. Rules
and
regulations
49. Standards
of seaworthiness
CHAPTER
5
PREFERRED
SHIP MORTGAGES AND MARITIME LIENS
50. Contents of record
51. Documentary endorsement of preferred mortgage
52. Termination of mortgagee's interests
53. Conditions precedent to recording
54. Recording of bills of sale
55. Recording of mortgages
56. Preferred mortgage
57. Lien
of preferred
mortgage
58. Interest
on preferred mortgage
59. Disclosure of liens and priority
60. Exhibiting
certified
copies
61. Record
of notice of claim of
lien
62. Discharge
of mortgage
63. Foreclosure and default jurisdiction and procedure
64. Preferred status
65. Foreclosures
66. Necessaries
67. Waiver of lien in necessaries
CHAPTER
6
CARRIAGE
OF GOODS BY SEA
68. Interpretation
69. Risks
70. Responsibilities and liabilities
71. Rights
and
immunities
72. Surrender
of rights and immunities and increase of responsibilities and
liabilities
73. Special
conditions
74. Contract permitted as to damages to goods while not on ship
75. Effect
of
chapter
76. Discrimination
forbidden as to competing shippers
77. Bulk cargo-weights ascertained by third parties
78. Scope of chapter
CHAPTER
7
LIMITATION
OF SHIPOWNERS' LIABILITY
79. Owners
right to
limitation
80. Claims
81. Limitation fund
82. Bail and release
83. Applicability
84. Fire damage
CHAPTER
8
RADIO
85. Regulations
CHAPTER
9
RULES
OF NAVIGATION
86. Regulations
for preventing
collisions
87. Small
rowing boats
88. Penalty for violation of rules by pilot, engineer, mate or master
89. Penalty for violation by vessel
90. Assistance in case of collision
91. Penalty for failure to render assistance
CHAPTER
10
WRECKS
AND SALVAGE
92. Vessels stranded on foreign coasts
93. Right to salvage not affected by ownership of vessel
94. Salvage
remuneration
95. Time
limit for salvage suits
96. Recovery for salvage services rendered by Government vessels
97. Marine
casualties
98. Marine
casualty investigations
CHAPTER
11
MERCHANT
SEAMEN
99. Application
100. Interpretation
101. Full complement required
102. Officers
licences
103. Penalty
104. Termination of employment of master
105. Duties
of the
master
106. Special
powers of masters
107. Certain seamen's rights provided for master
108. Wrongful
death of
master
109. Shipping
articles required for seamen
110. Exemptions with respect to shipping articles
111. Penalty
for alteration of shipping
articles
112. Penalty
for shipping without shipping articles
113. Duration and extension of shipping articles
114. Termination of shipping articles
115. Certificate of service
116. Exemptions with respect to certificates of service
117. Minimum age at sea
118. Payment of wages
119. Wages
for unjustifiable
discharge
120. Stowaway
entitled to wages, if there is an
agreement
121. Grounds
for
discharge
122. Advances
and allotment of wages
123. Wages and clothing exempt from attachment
124. Vacation
allowance and
holidays
125. Agreements
as to loss of lien or right to
wages
126. Wages
not dependent on freight earned
127. Wages, maintenance and cure for sick and injured seaman
128. Wrongful death
129. Death on board
130. Issuance of death certificate
131. Burial expenses
132. Working hours overtime
133. Repatriation
134. Loss
of right of
repatriation
135. Offences
against the internal order of the vessel
136. Prohibition of corporal punishment
137. Drunkenness, neglect of duty
138. Desertion
139. Incitement of seamen to revolt or mutiny
140. Revolt or mutiny of seamen
141. Entry of the offences in logbook
142. Abandonment of seamen
143. Freedom of association
144. Protection
of freedom of
association
145. Bargaining
and execution of labour contract
146. Provisions authorized in labour contracts
147. Provisions prohibited in labour contracts
148. Protection of labour contract
149. Strikes,
picketing and like
interference
150. Conciliation
and mediation of labour
disputes
151. Time
limit
152. Minister
to make rules and regulations
----------------------------------------------------------------
MARITIME
To provide for the establishment of a shipping register for vessels of Vanuatu engaged in foreign trade and for matters connected therewith.
CHAPTER 1
GENERAL
INTERPRETATION
1.
In this Act, unless the context otherwise requires -
"Administrator" means the Maritime Administrator appointed under section 4;
"Commissioner" means the Commissioner of Maritime Affairs appointed under section 2;
"Deputy Commissioners" mean the Deputy Commissioners appointed under section 3;
"documented" means registered, enrolled or licensed; "dollars" mean United States dollars;
"foreign trade" means trade between Vanuatu and a foreign country or between one foreign country and another;
"Minister" means the Minister responsible for finance;
"ship's document" means the Certificate of Registry whether permanent or provisional.
CHAPTER 2
ADMINISTRATION
COMMISSIONER
OF MARITIME AFFAIRS
2. The Minister with the approval of the Prime Minister shall appoint a suitably qualified person to exercise the powers and perform the duties of Commissioner of Maritime Affairs under this Act.
DEPUTY
COMMISSIONER OF MARITIME AFFAIRS
3. (1) The Commissioner may from time to time appoint Deputy Commissioners of Maritime Affairs.
(2) The Commissioner may delegate to the Deputy Commissioners any of his powers and duties under the Act to be exercised in foreign ports.
MARITIME
ADMINISTRATOR
4. The Minister may appoint on such terms and conditions as he deems fit, any person or persons, or body corporate to perform the functions of Maritime Administrator.
RECORDS
RELATING TO VESSELS
5. There shall be maintained in the office of the Commissioner at Port Vila, Vanuatu and at the office of every Deputy Commissioner a central office where there shall be recorded or filed, in properly indexed public registers, all documents of the following nature -
(a) bills of sale and other instruments of conveyance of vessels;
(b) mortgages or hypothecations of vessels;
(c) assignments of mortgages;
(d) certificates of permanent and provisional registry and licences;
(e) licences and certificates of officers and members of ship's crew;
(f) all other documents relating to vessels which are entitled to be recorded.
AUTHORITY
TO ADMINISTER OATHS AND TAKE ACKNOWLEDGEMENTS
6. The Commissioner and every Deputy Commissioner are authorised to administer all oaths and take all acknowledgements required by this Act.
AUTHORITY
TO ISSUE RADIO STATION LICENCES
7. (1) Until such time as a permanent ship Radio Station Licence is issued by the Minister responsible for telecommunication, the Commissioner and every Deputy Commissioner are authorised to issue temporary Ship Radio Station Licences in respect of radio transmitting apparatus located on board vessels registered under this Act.
(2) The Minister responsible for telecommunication may, by Order, make such rules and regulations as he deems necessary to implement the provisions of this section.
AUTHORITY
TO ISSUE LICENCES, CERTIFICATES
8.
(1) The Commissioner and every Deputy Commissioner are authorised to issue all
such licences, certificates or other documents for
officers and ship's personnel
on vessels registered under this Act, as are necessary or proper for carrying
out the purposes of the
maritime law or of any international convention to which
Vanuatu is or may become a
party.
(2)
In carrying out the licensing, certification and upgrading of ship's officers
and personnel, the Minister upon the recommendation
of the Commissioner shall
from time to time, establish such standards, rules and regulations as he deems
necessary and appropriate
for maintaining a high standard for the merchant
marine of
Vanuatu.
(3)
Failure of an owner of a vessel registered under this Act to file any required
report relating to officers employed on the vessel
shall result in an automatic
fine of 250 dollars for each offence and until paid, each such fine shall
constitute a maritime lien
on the
vessel.
(4)
Failure of an owner of a vessel registered under this Act, to ensure that each
officer employed on the vessel holds a valid licence
of competence to fill the
position held by him duly issued under the provisions of this Act shall subject
the owner thereof to a
fine of 100 dollars for each officer so employed who does
not hold such licence. Where such failure is admitted or is established
by any
required report, the fine shall be automatic. If a proper licence is obtained
within 30 days of notice, from the Commissioner
or Deputy Commissioner, the fine
with respect thereto shall be remitted. Until paid or remitted, each fine shall
constitute a maritime
lien on the
vessel.
SUSPENSION
AND REVOCATION
PROCEEDINGS
9.
(1) The Commissioner shall have power to suspend or to revoke any licence,
certificate, permit or document issued under the provisions
of this
Act.
(2)
The Minister, on the recommendation of the Commissioner may from time to time
make such rules and regulations as are deemed by
him necessary and appropriate
to the conduct of suspension and revocation
proceedings.
FEES
10.
The Minister may, on the recommendation of the Commissioner, establish by Order
all necessary and proper fees except in cases where
the fee is already provided
for in this Act.
CHAPTER 3
CONSTRUCTION
ADOPTION
OF GENERAL MARITIME
LAW
11.
Insofar as it does not conflict with any other provision of this Act or any
statutory law of Vanuatu, the non-statutory general maritime
law of the United
States of America is hereby declared to be and is hereby adopted as the general
maritime law in respect of all
vessels registered under this
Act.
SEPARABILITY
12.
If any provision of this Act, or the application of any such provision to any
circumstances or persons, natural or corporate, shall
be held invalid, the
validity of the remainder of this Act and the applicability of such provisions
to other circumstances or persons,
individual or corporate, shall not be
affected
thereby.
GENERAL
PENALTY FOR
VIOLATION
13.
Except as expressly provided in this Act, any person who is convicted by a court
of competent jurisdiction of a violation of any
of the provisions of this Act or
of rules and regulations thereunder shall, upon conviction, be liable to a fine
not exceeding 10,000
dollars or imprisonment for a term not exceeding 10 years,
or to
both.
JURISDICTION
14.
All causes of action arising out of, or under, this Act are hereby declared and
shall be cognizable before the Supreme Court of
Vanuatu but, except as otherwise
expressly provided in this Act, the provisions of this section shall not be
deemed to deprive other
courts elsewhere, of jurisdiction to enforce such causes
of
action.
APPEAL
FROM COMMISSIONER'S DECISION
15.
Appeal from any decision of the Commissioner pursuant to any provision of this
Act or any rules and regulations made thereunder,
may be made to the Minister.
Upon exhaustion of administrative remedies, appeal may be taken to the Supreme
Court of Vanuatu.
CHAPTER
4
DOCUMENTATION
AND IDENTIFICATION OF VESSELS
GENERAL
PROVISIONS
16.
No self-propelled or sailing vessel engaged in foreign trade shall fly the flag
of Vanuatu or be accorded the rights and privileges
of a vessel of Vanuatu
unless such vessel shall be registered in accordance with the provisions of this
Chapter. The home port of
every vessel so registered shall be Port Vila, and the
name of the home port shall be shown on the Certificate of
Registry.
VESSELS
ELIGIBLE TO BE DOCUMENTED OR
RE-DOCUMENTED
17.
(1) Vessels of the following classes are eligible to be documented or
re-documented under this Act -
(a) any sea-going vessel of more than 500 net tons engaged in foreign trade owned by a citizen or national of Vanuatu;
(b) any yacht or other vessel used exclusively for pleasure, of 50 net tons or over, owned by a citizen or national of Vanuatu;
(c) vessels on bareboat charter to a citizen or national of Vanuatu;
(d) vessels referred to in paragraphs (a) and (b) shall not be eligible for documentation if, on 1 January of the year in which documentation is sought, such vessels are over 20 years of age, computed from completion of first construction;
(2) Anything in this section to the contrary notwithstanding, the 500 net tons minimum requirement referred to in subsection (1)(a), may be waived by the Commissioner or Deputy Commissioner, and a vessel of lesser net tonnage may be registered in exceptional cases where it has been demonstrated to the satisfaction of the Commissioner or Deputy Commissioner either -
(a) (i) that the vessel meets all other requirements for registration; and
(ii) the vessel is needed to implement the operations of an owner of a ship registered in Vanuatu or its registration is otherwise desirable to carry out the objectives of the maritime programme of Vanuatu; or
(b) that the vessel is used or intended to be used solely for commercial fishing.
(3) Anything in this section to the contrary notwithstanding, the 20 year age limit requirement referred to in subsection (1)(d), may be waived by the Commissioner or Deputy Commissioner and a vessel of more than 20 years of age may be registered in exceptional cases where it has been demonstrated to the satisfaction of the Commissioner or Deputy Commissioner that -
(a) the vessel meets all other requirements for registration, and
(b) the vessel receives the top classification of one of the ship classification societies authorised by this Act or any regulation made thereunder.
(4) Anything in this section to the contrary notwithstanding, the ownership requirement referred to in subsection (1)(a) may in exceptional cases be waived by the Commissioner or Deputy Commissioner where -
(a) the vessel meets all other requirements for registration; and
(b) it has been satisfactorily demonstrated that there is an absolute and genuine need for such waiver.
(5) In this section, the words "citizen" or "national" shall include corporations, partnerships and associations of individuals.
REGISTRY FEE, TONNAGE TAXES
18. (1) The following registration fee shall be payable upon registration -
for vessels of 5,000 tons or less ................................... 1.50 dollars per net ton
for vessels of 5,001 tons and up to 25,000 tons ........... 1.25 dollars per net ton
for vessels of 25,001 tons and over .............................. 1.00 dollar per net ton
for registration of vessels on bareboat charter, of any
tonnage ........................................................................ 0.50 dollars per net ton
(2)
Anything in this section to the contrary notwithstanding, the Minister may in
exceptional cases reduce or waive the registration
fee payable on the
registration of any vessel under this
Act.
(3)
There shall be an annual tonnage tax of 0.25 dollars per net
ton:
Provided,
however, that as to any vessel of less than 500 net tons registered under this
Act, the registration fee and annual tonnage
tax shall be equal to that required
for a vessel of 500 net
tons:
And
provided further that, where dual gross and net tonnages are shown in the
certificate of measurement of the vessel for the purposes
hereof such fee and
annual tonnage tax shall be assessed on the basis of the greater of the two net
tonnages
assigned.
(4)
All unpaid tonnage taxes and all other charges (not to exceed 1,000 dollars) due
to the office of the Commissioner or Deputy Commissioner
shall constitute a
maritime lien on the vessel second only to liens for wages and
salvage.
(5)
Tonnage taxes may be reviewed once only every 3 years, provided that where an
increase is made it shall not take effect until
the first day in January in the
year next following such increase.
ANNUAL TONNAGE TAX
19.
(1) Except as herein otherwise provided, the annual tonnage tax on vessels
provided for in section 18 shall be due on the first
day in January in each year
and may be paid in 2 equal instalments, the first of which is payable on the
first day in January and
the second on the first day in
July.
(2)
Upon failure to pay the tonnage tax as provided in subsection (1), the
Commissioner or any Deputy Commissioner may invalidate
the Certificate of
Registry of the vessel with respect to which such tax is
payable.
(3)
No Certificate of Registry, either permanent or provisional, shall be issued for
a vessel not previously registered under the
provisions of this Act, unless a
sum equal to the tonnage tax for 1 year is paid in respect of the vessel. In the
case of a vessel
initially registered, the amount payable on the first day of
January of the year immediately following the date of its initial registration
shall be computed at the rate of 0.25 dollars per net ton for the year remaining
between the first anniversary of the date of its
initial registration and the
close of the calendar
year.
(4)
No bareboat charter certificate of registry shall be issued for a vessel
registered under section 17(1)(c) of this Act unless
a sum equal to 2 years
annual tonnage tax as provided in section 18 is paid upon
registration.
(5)
The Commissioner and each Deputy Commissioner are authorised to collect the
tonnage tax and to issue receipts
therefore.
(6)
No Certificate of Registry shall be returned to the master or commander of a
vessel by any official of Vanuatu with whom it may
have been deposited until
proof is furnished that the annual tonnage tax for the then current year has
been paid.
CONDITIONS
PRECEDENT TO ISSUANCE OF PERMANENT CERTIFICATE OF
REGISTRY
20.
Upon receipt of a written application of an owner of a vessel eligible for
documentation under the provisions of this Act requesting
the issuance of a
Certificate of Registry for the vessel, accompanied by the oath or oaths
required by section 21, the Commissioner
or any Deputy Commissioner, upon
payment of the prescribed fees, may issue a permanent Certificate of Registry
for the vessel provided
that the owner furnishes proof satisfactory to the
issuing officer -
(a) as to his ownership of the vessel;
(b) that any foreign marine document for the vessel has been surrendered with the consent of the government that had issued it, or that it has been legally cancelled;
(c) that the vessel is in a seaworthy condition;
(d) that the owner has paid to the Administrator the registration fees due in respect of the vessel;
(e) that the markings of name, official number, net tonnage or tonnages, home port and draft required by section 42 have actually been made;
(f) that a certificate of measurement as required by section 23 has been issued.
OATHS
21.
(1) In order to document a vessel, the owner, managing owner, part owner, or his
agent, authorised by power of attorney, where such
vessel is owned, by
individuals, or, in the case of a corporate owned vessel, a director, secretary
or assistant secretary of the
corporation or other officer or agent authorised
in writing shall take an oath declaring the name of the vessel; its net tonnage
or tonnages; the place where built; the name and residence of any other owner
and his citizenship; each owners proportion; the name
of the affiant and his
citizenship.
(2)
The oath may be taken before the Commissioner or a Deputy Commissioner or a
consul or consular agent of Vanuatu or before a notary
public or other officer
authorised to administer oaths by the laws of the place where the oath is
administered or before any other
person designated by the Commissioner for the
administration of such
oaths.
(3)
The names of the persons owning shares in an incorporated company owning such
vessel need not be stated. The oath of any other
person interested and concerned
in the vessel shall not be required. An agent or attorney who purchases any
vessel shall take an
oath with respect to the ownership of the vessel and shall
declare that he is the agent or attorney for the owner and in such capacity
has
made such purchase in good
faith.
(4)
Whenever the document of any vessel is lost or destroyed, the master, or other
person in command, may take the following oath
before any consular or diplomatic
officer or other person appointed by the Minister at or nearest to the port
where the vessel is
first located after such loss or destruction
-
"I, (insert the name of the person swearing) being master or in command of the (insert type of vessel) or vessel called the (insert the name of vessel) Official No. (insert number) owned by (insert name of owner) of (insert domicile of the owner) do swear (or affirm) that the said vessel has been, as I verily believe, registered according to the laws of Vanuatu by the name of (insert again name of vessel), and that a permanent (or provisional) Certificate of Registry bearing no. (insert number of lost Certificate) was issued for such vessel pursuant to the laws of Vanuatu at (insert place of issuance of lost Certificate) on (insert date of issuance of lost Certificate) which Certificate has been lost (or destroyed); and that the same, if found, and within my power, will be delivered up to the Commissioner or Deputy Commissioner."
(5)
When an oath is taken as provided in subsection (4), the officer or person
administering such oath shall grant to the vessel a
temporary provisional
document of registry and insert therein that it is issued in lieu of the one
lost or destroyed. Such officer
or person shall forthwith send to the
Commissioner or to any Deputy Commissioner a written notice, accompanied by a
copy of the oath,
advising that such oath has been taken and such temporary
provisional document issued. Upon receipt of such notice the Commissioner
or
such Deputy Commissioner upon being satisfied that the vessel is entitled to a
Certificate of Registry, may grant a new Certificate
of Registry, identical to
that which was lost or destroyed. As soon as practicable after the issuance of
such Certificate of Registry,
the temporary provisional document herein before
referred to shall be surrendered to the Commissioner or to a Deputy Commissioner
for cancellation.
MEASUREMENT
22. A vessel shall not be permanently registered until measured by a person appointed by the Commissioner or by the Deputy Commissioner. A vessel registered under this Act shall not be required to be measured anew unless her burden has been changed.
CERTIFICATE OF MEASUREMENT
23. The person or agent appointed under section 22 to measure a vessel shall certify, specifying the building of the vessel, number of decks and masts, length, breadth, depth, tonnage or tonnages, and such other particulars usually descriptive of the identity of a vessel, and that the markings required by section 42 have actually been made.
MEASUREMENT OF VESSELS
24. The Minister on the recommendation of the Commissioner shall by Order prescribe the method of measurement for all vessels registered under this Act.
TREATMENT
OF SHELTER-DECK AND CERTAIN OTHER SPACES
25. The "Recommendations on the Treatment of Shelter-Deck and other 'Open' Spaces", adopted on 18 October 1963, by the Assembly of the Intergovernmental Maritime Consultative Organisation, are hereby adopted and the Minister on the recommendation of the Commissioner may issue Orders for the purpose of effectuating those Recommendations.
TONNAGE STATEMENTS IN CERTIFICATE OF REGISTRY
26.
(1) Each ship's Certificate of Registry shall state the gross and net tonnage or
tonnages determined in accordance with such rules
and regulations as the
Commissioner may
prescribe.
(2)
Upon application by the owner or master of a vessel registered under this Act
engaged in foreign trade, the Commissioner or his
duly authorised agent may
attach to the document an appendix for use in foreign ports, stating separately,
the measurement of such
space or spaces as are there permitted to be deducted
from gross tonnage or
tonnages.
FORMS
OF DOCUMENTS
27. The Minister on the recommendation of the Commissioner shall prescribe and furnish forms of bareboat charter, provisional and permanent Certificates of Registry and other ship documents; and may prescribe forms of endorsements that may be made on ship documents from time to time, without issuance of a new document or surrender of the old document, to show liens and encumbrances.
NUMBERING CERTIFICATES OF REGISTRY AND LICENCES
28. The Commissioner or his duly authorised agent shall progressively number the licences and Certificates of Registry, respectively, granted by him, beginning anew at the commencement of each year, and shall make a record thereof in a book kept for that purpose. Bareboat charter Certificates of Registry shall be assigned a separate series of numbers as the Commissioner or his duly authorised agent stipulates. He shall also retain permanently copies of all such documents issued by or surrendered to him.
PROVISIONAL
CERTIFICATE OF REGISTRY TO VESSELS
ABROAD
29.
(1) Upon compliance with the provisions set forth in section 30, a provisional
Certificate of Registry may be issued by the Commissioner
or any Deputy
Commissioner, by a Vanuatu consular or diplomatic officer or consular agent upon
direction by the Commissioner or any
Deputy Commissioner, or by any other person
designated by the Minister, to vessels abroad which are to be documented under
the flag
of
Vanuatu.
(2)
Copies of provisional Certificates of Registry issued by persons other than the
Commissioner or Deputy Commissioner shall be furnished
as soon as practicable by
the issuing officer to the Commissioner and all Deputy
Commissioners.
(3)
Unless sooner invalidated, a provisional Certificate of Registry shall entitle
the vessel to the privileges of a vessel of Vanuatu
in the foreign trade until
the expiration of 1 year from its
date.
(4)
The Commissioner or his duly authorised agent shall prescribe the conditions in
accordance with which provisional Certificates
of Registry shall be issued and
renewed and the manner in which they shall be surrendered in exchange for
permanent Certificates
of
Registry.
CONDITIONS
PRECEDENT TO ISSUANCE OF PROVISIONAL
CERTIFICATE
30.
(1) Upon receipt by the Commissioner or Deputy Commissioner of a written
application of an owner of a vessel eligible for documentation
under the
provisions of this Act requesting the issuance of a Certificate of Registry for
the vessel, accompanied by the oath or
oaths required by section 21, and upon
payment of the prescribed fees to the officer receiving such application, the
Commissioner
or any Deputy Commissioner or any issuing official listed in
section 29(1) may issue a provisional Certificate of Registry for the
vessel,
provided the owner shall furnish proof satisfactory to the officer receiving
such application -
(a) as to his ownership of the vessel;
(b) that if there is an outstanding foreign marine document for the vessel, the government that had issued it has consented to its surrender and that either the marine document has been surrendered for cancellation or that the owner has issued orders to the master of the vessel to surrender the foreign marine document for cancellation immediately upon receipt of the provisional Certificate of Registry on board the vessel; or that the outstanding document has been legally cancelled;
(c) that the vessel is in a seaworthy condition;
(d) that the owner has paid to the Administrator the registration fees due in respect of the vessel being the initial registration fee;
(e) that the markings of name, official number, net tonnage or tonnages, home port and draft required by section 42 have either actually been made or that the owner has issued orders to the master of the vessel to have such markings made immediately upon receipt of the Vanuatu provisional Certificate of Registry on board the vessel.
(2)
Unless the owner within 30 days after issuance of the provisional Certificate of
Registry shall furnish satisfactory proof to
the officer to whom the application
for documentation has been presented, showing that the vessel's outstanding
foreign marine document
has actually been surrendered for cancellation and that
the markings required by section 42 have actually been made, or if before
such
30 day period it is established that any of the obligations hereunder will not
or cannot be complied with, such officer may
declare the provisional Certificate
of Registry to be null and
void.
(3)
As soon as reasonably practicable after admeasurement of the vessel and the
surrender for cancellation of any outstanding foreign
marine document for the
vessel and the making of the markings required by section 42 a permanent
Certificate of Registry shall be
issued in place of any provisional Certificate
theretofore issued, and such provisional Certificate shall be surrendered as
promptly
as circumstances permit to the Commissioner or Deputy Commissioner.
When the permanent Certificate of Registry is issued after the
issuance of a
provisional Certificate, the charges originally paid shall be adjusted in
accordance with the tonnage established by
the certificate of
measurement.
(4)
For good cause shown the Commissioner or any Deputy Commissioner may, from time
to time, renew a provisional Certificate of Registry
for a period not exceeding
1
year.
CONDITIONS
PRECEDENT TO ISSUANCE OF BAREBOAT CHARTER CERTIFICATE OF
REGISTRY
31.
(1) Anything in this Act to the contrary notwithstanding, a bareboat charterer
of a vessel registered in a foreign registry may
obtain a bareboat charter
certificate of registry for a period of 2 years, which may be extended, under
the provisions of this Act
where permitted by the foreign registry, upon
presentation to the Commissioner or Deputy Commissioner of the following
-
(a) written application;
(b) a copy of the charter party in a form satisfactory to the Commissioner or Deputy Commissioner and certified as true and correct by any person permitted to take oaths under section 21;
(c) proof of ownership, and consent of the registered owner of the vessel;
(d) consents of holders of all mortgages, hypothecations or similar charges
against the vessel in the foreign registry;
(e) true and correct copies of all the said mortgages, hypothecations or similar charges which copies shall be in the original language, and shall have affixed thereto a duly acknowledged statement in the English language indicating the name of the vessel, the names of the parties, the total original amount, the discharge amount, and the date of maturity;
(f) written consent of the country of registry, or presentation of satisfactory evidence that such consent is not required;
(g) a certificate of ownership and encumbrance, transcript of registry, or other such document from the foreign registry showing all recorded liens and encumbrances.
(2)
During any period in which a vessel carries a bareboat charter Certificate of
Registry, at no time shall a document indicating
a transfer of ownership be
recorded against the vessel in the record books maintained at the office of the
Commissioner or Deputy
Commissioner. Any mortgage, hypothecation or similar
charge, or document related thereto, which is at any time recorded in the
foreign
registry shall be recorded in the office of the Commissioner or Deputy
Commissioner as provided for in subsection
(3).
(3)
Copies of mortgages, hypothecations or charges referred to in subsection
(1)(d)
shall upon payment of the prescribed fee be recorded in the same order as
recorded in the foreign registry in a bareboat charter
mortgage book maintained
at the office of the Commissioner or Deputy Commissioner and the information
contained in the statement
affixed to the document shall be endorsed upon the
vessel's bareboat charter Certificate of Registry. Two certified copies of the
re- corded document shall be furnished to the bareboat charterer 1 of which is
to be placed upon and retained on board the vessel.
All such foreign mortgages,
hypothecations and charges shall have preferred status as under section
64.
(4)
A bareboat charter certificate of registry may be extended for a period of 2
years upon filing an application, a copy of the charter
party, and a certificate
of ownership and encumbrance or transcript of registry and consents of
mortgagees with the Commissioner
or Deputy Commissioner prior to the expiration
of the current certificate and upon payment of the prescribed fees and
taxes.
(5)
A bareboat charter Certificate of Registry may be cancelled prior to its date of
expiration upon presentation to the Commissioner
or Deputy Commissioner of the
following -
(a) written consent of all holders of record of any mortgage, hypothecation or other charge on the vessel;
(b) written consent of the owner;
(c) written consent of the bareboat charterer; and
(d) surrender of the bareboat charter Certificate of Registry and the radio licence for cancellation. If the vessel is sold or transferred during the time it carries a bareboat charter Certificate of Registry, the Certificate shall become null and void at the time of the sale or transfer and must be surrendered for cancellation within 30 days or such further time as may be allowed by the Commissioner or Deputy Commissioner.
(6)
The bareboat charterer of a Vanuatu vessel may register the vessel in a foreign
jurisdiction, where permitted by that jurisdiction,
upon obtaining written
consent of the Commissioner or Deputy Commissioner, which may be granted upon
presentation of the following
-
(a) written consent of the owner;
(b) written consent of all holders of record of any mortgage, hypothecation or other charges recorded in the offices of the Commissioner and Deputy Commissioner;
(c) satisfactory proof that the vessel document issued by the foreign jurisdiction shall have endorsed upon it, or upon an addendum affixed to it, evidence of all mortgages recorded against the vessel in the offices of the Commissioner and Deputy Commissioner;
(d) a copy of the foreign document, certified as true and correct, to be submitted within 30 days following registry in the foreign jurisdiction.
DENIAL
OF
DOCUMENT
32.
The Commissioner or his agent or consular or diplomatic officer shall not grant
a document or issue papers to any vessel until all
applicable provisions of this
Chapter have been complied
with.
WAIVER
OF CERTAIN REQUIREMENTS OF CHAPTER
4
33.
Where an owner of a vessel registered in a foreign registry is prevented from,
or incurs inordinate delay in, complying with any
of the requirements of
sections 20(b), 29(1), and
30(1)(b)
because of abnormal conditions existing in the country of foreign registration
the Commissioner or Deputy Commissioner may waive
such requirements upon the
owner furnishing proof to the satisfaction of the officer receiving such
application that such owner has
been so prevented or delayed because of such
abnormal conditions existing in the country of foreign registration. Such owner
shall
provide an affidavit setting out full particulars of all mortgages,
hypothecations or other charges registered or entitled to be
registered on the
foreign registry in respect of the vessel and upon receipt of either the written
consent of all holders of mortgages,
hypothecations or other charges or the
release thereof the vessel may be registered and all such mortgages,
hypothecations or such
other charges shall be recorded in the same order of
precedence as were recorded on the foreign
registry.
SALE
OF DOCUMENT
FORBIDDEN
34.
A document shall be used solely for the vessel for which it is granted, and it
shall not be sold, lent, or otherwise disposed of
to any
person.
SALE
OR TRANSFER
ABROAD
35.
A registered vessel sold or transferred in whole or in part while without
Vanuatu, but without change of flag, shall comply with
the provisions of this
Chapter relating to the documentation of vessels and a new document shall be
obtained.
TRANSFER
TO FOREIGN
REGISTRY
36.
The owner of a documented vessel who desires to transfer the vessel to a foreign
registry may do so provided that there are no unfulfilled
obligations owing to
the Republic of Vanuatu in respect of the vessel. Before such transfer is
accomplished the registered owner
shall surrender the ship's document to the
Commissioner or his duly authorised agent or to a consular or diplomatic officer
of Vanuatu.
APPLICATION
OR SURRENDER OF
DOCUMENTS
37.
Before a Certificate of Registry shall be accepted for surrender, the registered
owner shall submit to the Commissioner or Deputy
Commissioner a written
application specifying the name of the vessel, the reasons for the proposed
surrender, the name and nationality
of the proposed new owner, if any, and, if a
transfer to foreign registry is contemplated, the name of the country to whose
registry
transfer is
desired.
SURRENDER
OF CERTIFICATE OF
REGISTRY
38.
(1) If a registered vessel is lost, taken by an enemy, burned, broken up, or
otherwise prevented from returning to the port to which
she may belong, the
Certificate of Registry if preserved, shall be delivered up within 8 days after
the arrival of the master or
person in command, to the Commissioner or his
authorised
agent.
(2)
When an application is made for new registry of a vessel, its former Certificate
of Registry shall be delivered up to the Commissioner
or his duly authorised
agent to whom such application is
made.
(3)
Where a Certificate of Registry is granted in lieu of one lost, the lost
Certificate, if found, shall be delivered up to the Commissioner
or his duly
authorised agent who shall thereupon cancel it.
SURRENDER
OF DOCUMENTS OF VESSEL SUBJECT TO PREFERRED
MORTGAGES
39.
The Certificate of Registry of a vessel subject to a preferred mortgage shall
not be accepted for surrender without the consent
of the mortgagee except in the
case of a provisional Certificate of Registry for the purpose of issuing a
permanent Certificate in
which case the mortgage endorsement on the provisional
Certificate shall be transferred to the permanent Certificate of
Registry.
NEW
DOCUMENT
40.
(1) Whenever a documented vessel is sold or transferred wholly or partly,
without change of flag, or is altered in form or burden,
by being lengthened or
built upon, or from one denomination to another, by the mode or method of
rigging or fitting, she shall be
documented anew, by her former
name.
Every
such sale or transfer shall be evidenced by a written instrument in the nature
of a bill of sale reciting the entire Certificate
of Registry. Otherwise the
vessel shall not be documented
anew.
(2)
In cases of a combination vessel that can be used either for the carriage of
liquid cargo in bulk or dry cargo in bulk, if the
Certificate of Registry shows
the vessel in the condition or use providing the greater net and gross tonnage
and has attached thereto
an addendum showing the vessel in the other condition
or use with the lesser gross and net tonnage, then a change of a vessel from
one
condition or use to the other, would not require the vessel to be documented
anew.
(3)
When the Commissioner or his duly authorised agent determines that any vessel
has been sold or transferred by process of law,
and that her document is
retained by the former owner, he may grant a new document, under such sale, upon
the owner complying with
the requirements of this Chapter, excepting only the
delivering up of the former document. This subsection shall not remove the
liability
of any person to any penalty for not surrendering the papers belonging
to any vessel on a transfer or sale of such
vessel.
(4)
Any vessel required to be documented anew which is not so documented shall not
be deemed a vessel of Vanuatu. If a former document
has not been delivered up,
except where it has been lost or destroyed and the oath thereto has been taken,
the owner of such vessel
shall be liable to a fine of not more than 500
dollars.
BUILDER'S
CERTIFICATE
41.
In order for the first time to register a vessel newly built and previously
undocumented under any flag, the builder by whom or under
whose direction the
vessel has been built, shall certify as follows -
(a) that it was built by him or under his direction;
(b) the place where built;
(c) the time when built;
(d) the person for whom built;
(e) build;
(f) number of decks and masts;
(g) length;
(h) breadth;
(i) depth
(j) tonnage or tonnages; and
(k) such other circumstances as are usually descriptive of the identity of a vessel.
NAMES,
NUMBERS AND MARKS ON VESSEL
42.
(1) Every documented vessel shall have her name marked upon each bow and upon
the stern. The home port of the vessel shall also
be marked upon the stern.
These names shall be painted or guilded, or consist of cut or carved or cast
Roman letters in light colour
on a dark background, or in a dark colour on a
light background, secured in place and distinctly visible. The smallest letters
used
shall not be less than 4 inches in size. If any such vessel is found
without these names being so marked, the owner shall be liable
to a fine of 10
dollars for each name
omitted.
(2)
Each vessel of Vanuatu, in addition to having her name painted on her stern,
shall have such name conspicuously placed in distinct
plain letters of not less
than 6 inches in length, on each side of the pilot house, if any, and in case
the vessel has sidewheels,
also on the outer side of each wheelhouse. Any such
vessel found without having her name so marked shall be subject to a fine of
10
dollars for each marking
omitted.
(3)
The Commissioner or his duly authorised agent may prescribe a system of
numbering documented vessels. The designated number and
the net tonnages of each
vessel shall be carved deeply or otherwise marked permanently on her main beam.
If at any time such vessel
ceases to be so marked, she shall be liable to a fine
of 30 dollars on every arrival in
Vanuatu.
(4)
The draft of every registered vessel shall be marked upon the stern post, in
English feet or in decimetres, in either Arabic or
Roman numerals. The bottom of
each numeral shall indicate the draft to that
line.
NUMBERING
OF
VESSELS
43.
Upon the initial registration (either permanent or provisional) of a vessel, the
Commissioner either directly or through the Deputy
Commissioner issuing the
Certificate shall assign to the vessel an official
number.
CHANGE
IN NAME OF
VESSEL
44.
(1) The Commissioner or his duly authorised agent may change the name of a
vessel of Vanuatu on application of the
owner.
(2)
The Commissioner or his agent shall establish necessary rules and regulations
and procure necessary evidence as to age, condition,
where built, and pecuniary
liability of the vessel so as to prevent injury to public or private interest.
Upon granting permission
the Commissioner or his agent shall cause the order for
changing of name to be published in the Vanuatu
Gazette.
The person desiring the change of name shall pay the cost of procuring evidence
and
advertising.
(3)
A fee of 200 dollars shall be payable by the owners of vessels for securing such
changes of
name.
(4)
Whenever the name of a vessel of Vanuatu is changed, or any device,
advertisement, or contrivance is used with intent to deceive
as to its true name
or character, such vessel shall be
forfeited.
INSPECTION
OF
DOCUMENT
45.
Any officer concerned in the collection of revenue may at all times inspect the
document of a vessel. A master who fails to exhibit
the same, when required by
such officer shall be liable to a fine of 100 dollars, and if his failure is
wilful shall be liable to
a fine of not more than 1,000 dollars, or to
imprisonment for not more than 1 year, or to
both.
DISPLAY
OF SHIP'S PAPERS TO
CONSUL
46.
(1) Upon arrival during customary business hours of a documented vessel at any
foreign port where there is located the principal
consular office of a Vanuatu
consul or vice consul, the master, ship's agent or other authorised person
shall, upon request of such
consul or vice consul display to him, without
payment of any fee, the vessel's Certificate of Registry and annual tonnage tax
receipt.
(2)
Where a request has been made and the ship's papers have not been properly
displayed, the vessel shall not be detained therefore
by the Vanuatu consul or
vice consul making the request, but he shall immediately notify the Commissioner
or a Deputy Commissioner
of such
non-compliance.
(3)
Subsection (1) shall not apply to a vessel whose papers have been displayed in a
foreign port within the previous 90
days.
(4)
Whether local port regulations do or do not require clearance of a vessel from a
Vanuatu consul or vice consul, it shall not be
required in relation to such
clearance that the signing on or off of crew or the execution of any ship's
papers or documents be done
before a Vanuatu consul or vice consul, or that any
ship's papers or documents be witnessed, visaed, stamped or otherwise legalized
by a Vanuatu consul or vice
consul.
PERJURY
47.
(1) If any owner, agent, or attorney commits perjury in the oath taken to obtain
documentation of a vessel, her tackle, apparel
and furniture shall be forfeited,
or the value thereof recovered from such
person.
(2)
A master who commits perjury in taking such oath shall be liable to a fine of
1,000 dollars, but the vessel shall not thereby
be
forfeited.
RULES
AND
REGULATIONS
48.
The Minister on the recommendation of the Commissioner may make such rules and
regulations, not inconsistent with the provisions
of this Act, for the
registration, identification and regulation of transfers of vessels as he may
deem to be in the best interests
of the Vanuatu merchant marine and the domestic
and foreign commerce of the
nation.
STANDARDS
OF
SEAWORTHINESS
49.
The Minister on the recommendation of the Commissioner may from time to time by
Order establish standards of seaworthiness required
for the registration of
vessels and may appoint classification societies or others to determine any
questions involved.
CHAPTER 5
PREFERRED SHIP MORTGAGES AND MARITIME LIEN
CONTENTS
OF
RECORD
50.
(1) A sale, conveyance, hypothecation, mortgage or assignment of mortgage of any
vessel shall not be valid in respect of such vessel,
against any person other
than the grantor or mortgagor, his heirs or devisees and persons having actual
notice thereof, until the
instrument evidencing such transaction is recorded in
the office of the Commissioner or Deputy
Commissioner.
(2)
The Commissioner or Deputy Commissioner shall record such instruments in the
order of their reception in books to be kept for
that purpose and indexed to
show -
(a) the name of the vessel;
(b) the name of the parties;
(c) the time and date of reception of the instrument;
(d) the interest in the vessel transferred or affected; and
(e) the amount and date of maturity of any mortgage.
DOCUMENTARY
ENDORSEMENT OF PREFERRED
MORTGAGE
51.
A valid mortgage, which at the time it is made, includes the whole of any
vessel, shall have a preferred status in respect of such
vessel as of the date
of its recording, if -
(a) the mortgage is endorsed upon the vessel's document;
(b) the mortgage is recorded as provided herein;
(c) an affidavit is filed with the record of such mortgage to the effect that the mortgage is made in good faith and without any design to hinder, delay or defraud any existing or future creditor of the mortgagor or any lienor of the mortgaged vessel; and
(d) the mortgage does not stipulate that the mortgagee waives the preferred status thereof.
TERMINATION
OF MORTGAGEE'S
INTERESTS
52.
The interest of a mortgagee in a vessel registered under this Act shall not be
terminated by a forfeiture of the vessel for a violation
of any law of Vanuatu,
unless the mortgagee authorised, consented, or conspired to effect the illegal
act, failure, of omission which
constituted such
violation.
CONDITIONS
PRECEDENT TO
RECORDING
53.
A bill of sale, conveyance, or mortgage shall not be recorded unless it states
the interest of the grantor or mortgagor in the vessel,
and the interest so
sold, conveyed or mortgaged. A Bill of Sale, conveyance, mortgage, notice of
claim of lien, or certificate of
discharge thereof shall not be recorded unless
previously acknowledged before the Commissioner or a Deputy Commissioner or a
consul
or consular agent of Vanuatu or before a notary public or other officer
authorised by the laws of the place where the acknowledgement
is made to take
acknowledgements of
deeds.
RECORDING
OF BILLS OF
SALE
54.
The Commissioner or any Deputy Commissioner may accept for recording in his
office upon payment of the prescribed fee any bill of
sale of a vessel which
recites the interest of the grantor in the vessel and the interests sold or
conveyed, provided it has previously
been acknowledged in accordance with the
provisions of section 53, and provided further that any bill of sale of a vessel
already
documented under the laws of Vanuatu must have incorporated therein a
true copy of its latest Certificate of
Registry.
RECORDING
OF
MORTGAGES
55.
The Commissioner or any Deputy Commissioner may accept for recording in his
office, upon payment of the prescribed fee any mortgage
(including a revolving
credit mortgage) on a vessel which recites the interest of the mortgagor in the
vessel and the interest so
mortgaged, provided it has been previously
acknowledged in accordance with the provisions of section 53, and provided
further that
written proof is furnished to him of the amounts and dates of any
documents or evidence of debts in support thereof. At the time
of recording the
Commissioner or Deputy Commissioner will, if requested, certify without charge 2
copies of any mortgage so
recorded.
PREFERRED
MORTGAGE
56.
(1) A mortgage which complies with the conditions enumerated in this Chapter is
designated as a preferred
mortgage.
(2)
There shall be endorsed upon the document of a vessel covered by a preferred
mortgage -
(a) the names of the mortgagor and mortgagee;
(b) the time and date the endorsement is made;
(c) the amount and date of the maturity of the mortgage; and
(d) any amount required to be endorsed by subsections (5) and (6) of this section.
(3)
Such endorsement shall be made by the Commissioner at the port of registry or by
a Deputy Commissioner or other duly appointed
agent at any foreign port; and
each Deputy Commissioner is hereby directed and authorised as a special agent to
endorse on the document
(whether a permanent or provisional Certificate of
Registry) of a vessel covered by a preferred mortgage recorded in his office,
a
notation of such mortgage as required by subsection (2). Clearance shall not be
given to the vessel until such endorsement is
made.
(4)
A certificate of such endorsement, giving the place, time and description of the
endorsement, shall be recorded with the records
of registration. Where the
endorsement is made by a person other than the Commissioner, such certificate
shall be promptly furnished
to the Commissioner or Deputy Commissioner if
recording had been accomplished by a Deputy
Commissioner.
(5)
A mortgage which includes property other than a vessel shall not be held a
preferred mortgage unless the mortgage provides for
the separate discharge of
such property by the payment of a specified portion of the mortgage
indebtedness. If a preferred mortgage
so provides for the separate discharge,
the amount of the portion of such payment shall be endorsed upon the document of
the
vessel.
(6)
If a preferred mortgage includes more than 1 vessel and provides for the
separate discharge of each vessel by the payment of a
portion of the mortgage
indebtedness, the amount of such portion shall be endorsed upon the document of
the
vessel.
LIEN
OF PREFERRED
MORTGAGE
57.
A preferred mortgage shall constitute a maritime lien upon the mortgaged vessel
in the amount of the outstanding mortgage indebtedness
secured by such
vessel.
INTEREST
ON PREFERRED
MORTGAGE
58.
A preferred mortgage may bear such rate of interest as is agreed by the parties
thereto.
DISCLOSURE
OF LIENS AND
PRIORITY
59.
(1) The mortgagor, before executing a preferred mortgage, shall disclose to the
mortgagee in writing the existence of any maritime
lien, prior mortgage, or
other obligation or liability upon the vessel to be mortgaged, which is known to
the
mortgagor.
(2)
After the execution of such mortgage and before the mortgagee has had a reason-
able time in which to record it and have proper
endorsements made upon the
document of the vessel, the mortgagor, without the consent of the mortgagee,
shall not incur any contractual
obligation creating a lien upon the vessel,
other than liens for wages of stevedores when employed directly by the owner,
operator,
master, ship's husband, or agent of the vessel, for wages of the crew
of the vessel, for general average or for salvage, including
contract salvage,
tonnage taxes and all other charges (not to exceed 1,000 dollars) of the
Commissioner in respect of the
vessel.
(3)
Whoever, being a mortgagor or an officer of a corporate mortgagor, with intent
to defraud, violates this section shall be liable
to a fine not exceeding 3,000
dollars or to imprisonment for a term not exceeding 2 years or to both. The
mortgage indebtedness shall
thereupon become immediately due and payable at the
election of the
mortgagee.
EXHIBITING
CERTIFIED
COPIES
60.
(1) Upon recording a preferred mortgage, 2 certified copies shall be delivered
to the mortgagor who shall place, and use due diligence
to retain, 1 copy on
board the mortgaged vessel and cause such copy and the document of the vessel to
be exhibited by the master
to any person having business which may give rise to
a maritime lien or to the sale, conveyance, or mortgage of the
vessel.
(2)
A master who wilfully fails to exhibit such documents and copy of mortgage may
have his licence suspended or revoked.
RECORD
OF NOTICE OF CLAIM OF
LIEN
61.
The Commissioner or his duly authorised agent shall upon the request of any
person record notice of his claim to a lien upon a registered
vessel, together
with the nature, date of creation, and amount of the lien and the name and
address of the person. Any person who
has caused notice of his claim of lien to
be so recorded, shall upon a discharge in whole or in part or the indebtedness
forthwith
file a certificate of such discharge with the Commissioner or his duly
authorised agent, who shall thereupon record the
certificate.
DISCHARGE
OF
MORTGAGE
62.
The mortgagor upon a complete discharge of the mortgage indebtedness shall
forth- with file a certificate of such discharge duly
executed by the mortgagee,
his successors or assigns with the Commissioner or his duly authorised agent,
who shall thereupon record
the certificate and the mortgagor may similarly file
a certificate of partial discharge of a mortgage covering more than 1
vessel.
FORECLOSURE
AND DEFAULT JURISDICTION AND
PROCEDURE
63.
(1) The lien of a preferred mortgage may be enforced in Vanuatu by a suit in rem
upon default of any term or condition. In addition
to any notice by publication,
actual notice of the commencement of suit shall be given by the plaintiff, in
such manner as the court
directs, to the master, other ranking officer, or
caretaker of the vessel, and any person who has recorded a notice of claim of an
undischarged lien upon the vessel, unless after search by the plaintiff
satisfactory to the court, such person is not found within
Vanuatu. Failure to
give such notice shall not constitute a jurisdictional defect, but the plaintiff
shall be liable to such person
for damages in the amount of his interest in the
vessel terminated by the
action.
(2)
The lien of a preferred mortgage may also be enforced by an action in rem in
admiralty or otherwise in any foreign country in
which the vessel shall be
found, pursuant to the procedure of such country for the enforcement of ship
mortgages constituting maritime
liens on vessels documented under the laws of
such
country.
(3)
Notwithstanding anything in this Act, the mortgagee may, in addition to all
other remedies granted this Chapter, bring an action
in personam against the
mortgagor of competent jurisdiction for the amount of the outstanding
indebtedness or for any deficiency
in the full payment
thereof.
(4)
This Act does not authorise the enforcement by action in rem in admiralty of the
rights of the mortgagee in respect of realty
or personality other than the
vessel or vessels covered by the
mortgage.
PREFERRED
STATUS
64.
As used in sections
57,
63, 65 and
67