Section 35: Endorsement of change of ownership on certificate of registry

(1) If a ship registered in Nigeria-
(a)
is actually or constructively lost, taken by the enemy, burnt or broken up ; or delivery up of certificate when ship is lost or ceases to be a Nigerian ship;
(b)
ceases to be entitled to be registered under this Act by reason of a transfer to a person not qualified to own a registered Nigerian ship; or for any other reason except the transfer of its registry to a port in another country, the owner of the ship or any share in the ship shall, immediately on obtaining knowledge of the event, if notice has not already been given, give notice to the Registrar at the port of registry of the ship.
(2)
The Registrar upon receiving notice under subsection (1) of this section, shall make an entry of the notice in the register, and the registration of the ship in that register shall be considered as closed except so far as relates to any unsatisfied mortgage or existing certificate of mortgage entered in it.
(3)
Whenever an event under subsection (1) of this section occurs, the master of the ship, except where the ship's certificate of registration is lost or destroyed, shall, if the event occurs in Nigeria or at any port, within ten days of the occurrence, or, if the event occurs elsewhere within ten days after the arrival of the master in Nigeria or at any port, deliver the ship's certificate of registration to the Registrar at the port at which the event occurs or at which the master first arrives after the event or if there is no Registrar at that port to the registrar at the ship's port of registry.
(4)
If the event in subsection (1) or (2) of this section occurs at any port outside Nigeria, or if after the event, the master first arrives at any port outside, he shall deliver the ship's certificate of registration to the appropriate officer at the port.
(5)
Any owner or master of a ship who fails, without reasonable cause, to comply with the provisions of this section commits an offence and on conviction is liable to a fine not less than one hundred thousand Naira.
(6)
If a ship's certificate of registration is delivered under subsection (3) of this section to a Registrar who is not himself the Registrar at the ship's port of registry, or to an appropriate officer, that Registrar or an appropriate officer shall immediately forward the certificate to the Registrar at the ship's port of registry.
(7)
For the purpose of subsection (1) of this section, a ship shall be deemed to be constructively lost if there is, in respect of that ship, a constructive total loss within the meaning of that expression in the Marine Insurance Act.