Sri Lanka Consolidated Acts

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Merchant Shipping Act (No. 52 of 1971) - Sect 49

Custody and use of certificate

49.
(1) The certificate of registry shall be used only for the lawful navigation of the ship, and shall not be subject to detention by reason of any title, lien, charge or interest whatsoever had or claimed by any owner, mortgagee or other person to, on or in the ship.
(2) No person, whether interested in a ship or not, who has in his possession or under his control the certificate of registry of the ship, shall refuse or omit without reasonable cause to deliver such certificate on demand to the person entitled to the custody thereof for the purposes of the lawful navigation of the ship, or to any Registrar, officer of customs, or other person entitled by law to require such delivery.
(3) Any person refusing or omitting to deliver the certificate as required by sub-section (2) may by order, be summoned by any Magistrate to appear before him and to be examined touching such refusal, and unless it is proved to the satisfaction of the Magistrate that there was reasonable cause for such refusal the offender shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding one thousand rupees.
(4) If the person so refusing is proved to have absconded so that the warrant of a Magistrate or process of a Court cannot be served on him, or if he persists in not delivering up the certificate, the Magistrate shall certify the fact and the same proceedings may then be taken as in the case of a certificate mislaid, lost or destroyed, or as near thereto as circumstances permit.


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