26 Geo. 8. c. 60. certificate, $28. such registry, in manner hereinbefore directed, an exact and particular account shall be subjoined to such certificate, of the sum for which such vessel shall have been sold, verified by the oath of the person or persons who shall apply for such registry and certificate, in order that the aforesaid duties due and payable to His Majesty, may be the better levied and collected, upon the arrival of such vessel in any place of Great Britain where such duties are by law due and payable. Particulars of Rule 26. The certificates which shall hereafter be granted in pursuance of this act shall distinguish whether such vessels be of the built of Great Britain or Ireland, Guernsey, Jersey, or the Isle of Man, or the colonies, plantations, islands, or territories aforesaid, or of any foreign country; and shall, if British-built, be entitled, "Certificate of British Plantation Registry;" and if such ship be foreign-built, shall be entitled, "Certificate of Foreign Ships' Registry for the European trade, British property," as the case may be. Vessels tered, and others now to § 29. Rule 27. The commissioners of customs in England and Scotland, already regis- respectively, are hereby authorized and required, to give public notice, by all such ways and means as they shall judge most proper and effecbe registered, tual, that within a certain reasonable time or times, as may be best adapted to the distance of the ports to which the vessels owned by His Majesty's subjects shall respectively belong, to be by them specified and published, certificates of registry, according to the form hereinbefore described, will be ready to be granted, in manner hereinbefore directed, to all such vessels as shall be legally entitled thereunto; and that the owner or owners of every such vessel not heretofore required to be registered, shall, on the first arrival of every such vessel at the place to which she belongs, after the expiration of the notice herein. before directed, cause such vessel to be registered, and shall obtain a certificate thereof, in manner hereinbefore directed; and that the owner or owners of any vessel, which shall have been heretofore regis tered, shall, in like manner, upon the first arrival of such vessel at the place to which she belongs, after the expiration of the notice hereinbefore directed, cause such vessel to be again registered, and obtain a certificate thereof, according to the form and in the manner hereinbefore described, and shall then deliver up the register before granted, if the same be not lost or mislaid, and if the same shall have been lost or mislaid, shall make oath before the proper officer of customs, that such register has been lost or mislaid, and shall give security in like manner as is directed and required by the 15 Geo. 2. (a) in the case of registers and certificates de novo. Vessels leav ing port with cates, 32. out certifi Rule 28. No vessel which by this act is directed to be hereafter registered, or which is directed, instead of the register now required by law, to take out a new register according to the form and in the manner hereinbefore described, shall be permitted, after her first arrival at the port to which she belongs, at the expiration of the notice hereinbefore directed, to clear outwards to foreign parts or coastwise, or to proceed to sea in order to fish on the coasts, or for any other purpose whatever, as a British vessel, or shall be in any wise entitled to the privileges of a British vessel, unless the owner or owners thereof shall have obtained a certificate according to the form and in the manner hereinbefore described; and in case any such vessel shall (a) See the note to Rule 20 of this title. depart from such port without being registered, and without having 26 Geo. 3. obtained a certificate as aforesaid, every such vessel, with her tackle, c. 60. &c. shall be subject to forfeiture. duced at Rule 29 After the expiration of the notice hereinbefore required, Certificates of the master of every vessel which shall have been registered, and shall registry prohave procured a certificate of the registry, according to the directions every port, of this act, shall, upon demand, produce such certificate of registry to $ 34. the principal officer or officers of every port in His Majesty's dominions, or to the British consul or chief British officer in any foreign port in which such vessel shall arrive, for the inspection of such officer or officers, British consul, or chief British officer, in order to satisfy him or them that she has been properly registered, under the penalty of 100l. (a) copied, and Rule 30. The proper officer, at every place where registers and Certificates to certificates shall be granted in pursuance of this act, shall progressively be numbered, number the same as they shall be severally granted, beginning such entered, § 35. progressive numeration at the commencement of each year; and shall enter an exact copy of every such certificate, with the number thereof, in a book to be kept for that purpose; and shall also forthwith, or within one month at the furthest, transmit to the commissioners of cus- Account toms in London and Edinburgh, under whom they respectively act, a transmitted. true and exact copy, together with the number of every certificate which shall be by him so granted; and if any such officer shall neglect or refuse so to do, he so offending shall, for the first offence, forfeit 100%. and shall, for the second offence, forfeit 2001. and be dismissed from his office. in Scotland, $36. Rule 31. The commissioners of customs in Scotland shall in like Certificates manner transmit, at the end of every month in each year, to the commissioners of customs in England, true and exact copies of all such certificates as shall be granted by them, or by any officers within the limits of their commission, in pursuance of this act. vessels to be Rule 32. It shall be lawful for His Majesty, by and with the advice Privy council of his privy council, to order any vessel, under the circumstances may order mentioned in this act (b) to be registered, and to have a certificate registered, thereof, according to the form and in the manner hereinbefore de- § 38. scribed and directed, if His Majesty in his wisdom shall think fit; and in case any suit shall have been commenced for the condemnation of such vessel, it shall be lawful for His Majesty, by order in Suits to be council, to direct all proceedings thereupon to be staid, either abso- staid. lutely, or upon such terms or conditions as His Majesty shall think fit. (a) By notice from the board of customs, dated 16th Jan. 1818, it is stated, that It having been represented to the lords commissioners of the treasury, that the masters of several British registered vessels had refused to produce the certificates of the registry of their vessels to His Majesty's consul abroad, according to the above act, their lordships thought proper to direct prosecutions to be commenced against them for the penalty of 100l.; and one of the masters so prosecuted was, upon the trial of the information filed against him in the Court of Exchequer, convicted in the said penalty of 1001. for refusing to produce the certificate of the registry of his said vessel, to His Majesty's consul at Ostend; public notice is therefore given, that the master of any British registered vessel, who shall hereafter offend against the above-mentioned law, will be prosecuted for the said penalty of 1001." (b) Services rendered by owners of vessels at the time of evacuating countries, &c. in America, and the granting or promising of registers by governors, &c. in the plantations, under a misconception of the laws relating thereto. 26 Geo. 3. Suits in colo nies may be stopped. Rule 33. It shall be lawful for any governor, lieutenant-governor, c. 60. 39. or commander in chief of any of His Majesty's colonies, plantations, islands, or territories, in any of the cases aforesaid, if any suit, information, libel, or other prosecution or proceeding of any nature whatever, shall have been commenced, or shall hereafter be commenced, in any court whatever, in any of the said colonies, &c. touching the force and effect of any register granted to any vessel, in any of the circumstances aforesaid, upon a representation made to any such governor, &c. to cause all proceedings thereon to be staid, if he shall see just cause so to do, until His Majesty's pleasure be known, and certified to him by His Majesty, by and with the advice of his privy council; and such governor, &c. is hereby required to transmit to one of His Majesty's principal secretaries of state, to be laid before His Majesty in council, an authenticated copy of the proceedings in every such case, together with his reasons for causing the same to be staid, and such documents (properly verified) as he may judge necessary for the information of His Majesty. Officer neg lecting duty, § 40. Second of fence. False oaths, § 41. Falsifying, &c. certifi cates. Former acta, $43. Trish vessels, § 44. Rule 34. If any person authorized and required by this act, in respect of his office, to perform any thing directed and required to be done or performed pursuant to any of the provisions of this act, shall wilfully neglect or refuse to perform the same, according to the true intent and meaning of this act, every such person shall, on being duly convicted thereof, forfeit 500l., and for the second offence shall forfeit, in like manner, 500l., and shall from thenceforth be rendered incapable of serving His Majesty in any office or employment relative to the revenue, or in any civil capacity whatever. Rule 35. If any person shall falsely make oath to any of the matters hereinbefore required to be so verified, such person shall suffer the like pains and penalties as are incurred by persons committing wilful and corrupt perjury; and if any person shall counterfeit, erase, alter, or falsify any certificate required to be obtained by this act, or shall knowingly or wilfully make use of any certificate so counterfeited, &c. such person shall, for every such offence, forfeit 500l. Rule 36. Every matter in any act of parliament heretofore passed, touching the trade, shipping, and navigation of Great Britain, and the colonies, plantations, islands, and territories aforesaid thereunto belonging, which is not hereby expressly altered or repealed, shall remain in full force and effect; and so far as the same relate to the registry of vessels, shall be deemed to extend in every respect to all vessels authorized and required by this act to be registered, and to have certificates of registry. Rule 37. The vessels belonging to His Majesty's subjects residing in Ireland, being duly qualified and registered according to the laws now in force, shall continue to enjoy all the privileges and advantages to which such vessels were by law entitled before the passing of this act, until the end of four calendar months from the commencement of the first session of the parliament of Ireland which shall hereafter sit, during the space of four calendar months, without prorogation or dissolution; and from the end of that time, every vessel which shall, by virtue of any act that may be passed in the said parliament of Ireland, be qualified and registered in any of the ports of the said kingdom of Ireland, under similar regulations to those hereinbefore contained, shall continue to enjoy all the privileges and advantages of a British built ship, or foreign-built ship, owned by His Majesty's subjects, as 26 Geo. 3. the case may be, according to this act. (a) c. 60. Transfer of Rule 38. No transfer, contract or agreement for transfer, of property 34 Geo. 3. in any vessel, made or intended to be made, after the 1st January, 1795, c. 68. § 14. shall be valid for any purpose whatsoever, either in law or in equity, property in unless such transfer, or contract or agreement for transfer, of property vessels not in such vessel shall be made by bill of sale or instrument in writing, agreeable to containing such recital as prescribed by 26 Geo. 3. c. 60. § 17. act. in property which ves sels belong, $15. Rule 39. "And whereas, by the laws now in force, upon any alter"ation of property in any vessel in the same port to which such vessel "belongs, an endorsement upon the certificate of registry is required "to be made:" it is enacted, that such endorsement shall be made in Endorsement the manner and form hereinafter expressed, and shall be signed by the of attestation person or persons transferring the property of the said vessel, by sale, when transor contract or agreement for sale thereof, or by some person legally ferred in port authorized for that purpose by him or them, and a copy of such en- to dorsement shall oe delivered to the person or persons authorized to make registry and grant certificates of registry, otherwise such sale or contract or agreement for the sale thereof, shall be utterly null and void; and such person or persons so authorized to make registry, and grant certificates of registry, are hereby required to cause an entry thereof to be endorsed on the oath or affidavit upon which the original certificate of registry of such vessel was obtained, and shall also make a memorandum of the same in the book of registry, and shall forthwith give notice thereof to the commissioners of customs in England and Scotland, under whom they respectively act: "Form of Endorsement on Change of Property." "Be it remembered that I [or we] [names, residence, and occupation of the "persons selling] have this day sold and transferred all my [or our] right, share, " or interest in and to the ship [or vessel] [name of the ship or vessel] mentioned in "the within certificate of registry, unto [names, residence, and occupation of the purchasers]. Witness my [or our] hand [or hands] this [date in words at full "length]; signed in the presence of [two witnesses]." 46 from port § 16. Rule 40. Provided that if any vessel be at sea, (b) or absent from Sale of verthe port to which she belongs, at the time when such alteration in the sels absent property thereof shall be made, so that an endorsement or certificate when alteracannot be immediately made, the sale, or contract or agreement for tion in pro the sale thereof, shall, notwithstanding, be made by a bill of sale or perty made, other instrument in writing as before directed, and a copy of such bill of sale or other instrument in writing shall be delivered, and an entry Copy of bill thereof shall be endorsed on the oath or affidavit, and a memorandum of sale to b thereof shall be made in the book of registers, and notice of the same shall be given to the commissioners of customs, in the manner hereinbefore directed; and, within 10 days after such vessel shall return to When enthe port to which she belongs, an endorsement shall be made and dorsement signed by the owner or owners, or some persons legally authorized for that purpose by him or them, and a copy thereof shall be delivered in (a) By 27 Geo. 3. c. 19. § 1. it is stated that an act of the parliament of Ireland passed in this session, containing regulations for registering vessels in Ireland, similar to those in the above act; it is therefore enacted, that every vessel which shall be duly registered in Ireland according to the said act passed in the parliament of that kingdom, and shall obtain a certificate thereof, shall enjoy all the privileges of a British-built ship, or a foreign-built ship, owned by His Majesty's subjects, as the case may be. (b) See Rule 46 of this title. delivered. to be mad 34 Geo. 3. c. 68. Transfers of property reside out of dominions, § 17. manner hereinbefore mentioned, otherwise such bill of sale, or contract or agreement for sale thereof, shall be utterly null and void, and entry thereof shall be endorsed, and a memorandum thereof made, in the manner hereinbefore directed. Rule 41. In all cases where the owner or owners of any vessel shall reside in any country not under the dominion of His Majesty, as where owners member or members of some British factory, or agent or agents for, or His Majesty's partner or partners in any house or copartnership actually carrying on trade in Great Britain or Ireland, at the time when he or they shall transfer such property in any vessel, so that an endorsement cannot be made immediately, nor a copy of such bill of sale or other instrument in writing be delivered, nor an entry thereof endorsed on the oath or affidavit, nor a memorandum thereof made in the book of registers, nor notice of the same given to the commissioners of customs, in the manner before mentioned, the same may be done at any time within six months after such transfer shall have been made, and within 10 dorsement, days after such owner or owners, or some person legally authorized for that purpose by him or them, shall arrive in this kingdom, if such vessel shall then be in any port of this kingdom, and if not, then within 10 days after such vessel shall so arrive, an endorsement shall be made by the owner or owners, or some person legally authorized for that purpose by him or them, and a copy thereof shall be delivered in manner hereinbefore mentioned, otherwise such bill of sale, or contract or agreement for sale thereof, shall be utterly null and void, (a) and entry thereof shall be endorsed, and a memorandum thereof made, in the manner hereinbefore directed. When en &c. may be made. Froceedings Rule 42. In case the master of any vessel who shall have received the certificate of the registry thereof (whether such master be a part owner or not) shall wilfully detain and refuse to deliver up the same to the proper officers empowered to make registry and grant a certificate thereof, on the owner or owners, or the major part of the owners of such vessel, if such master has not any property therein, or on the other owner or owners of the major part of the other owners of such vessel, if any master hath any share or property therein, requiring him so to do, it shall be lawful for the owner or owners, or the major part of the owners of such vessel, the certificate of registry of which shall be detained and refused to be delivered up as aforesaid, to make complaint on oath against the master of the vessel who shall so detain and refuse to deliver up the same of such detainer and refusal, to any justice of the peace residing near to the place where such detainer and refusal shall be in Great Britain, or to any member of the supreme court of justice or any justice of the peace in the islands of Jersey, Guernsey, or Man, or in any colony, plantation, island, or territory to His Majesty belonging in America or the West Indies, where such detainer and refusal shall be in any of the places last mentioned; and on such complaint the said justice or other magistrate is hereby required, by warrant under his hand and seal, to cause such master to be brought before him, to be examined touching such detainer and refusal; and if it appear to the said justice or other magistrate, on examination of the master or otherwise, that the said certificate of registry is not lost or mislaid, but is wilfully detained by the said master, such master shall be thereof convicted, and shall forfeit (a) For ADJUDGED CASES, see at the end of this title. |