tificates.

in Great

taken by the enemy, burnt, or broken up, or otherwise prevented 26 Geo. 3. from returning to the port to which she belongs, the certificate, if c. 60. preserved, shall be delivered up, within one month after the arrival of Time for dethe master in any place in His Majesty's dominions to the collector livery of cerand controller of some port in Great Britain, or of the Isle of Man, or of the British plantations, or to the governor, lieutenant-governor, or commander in chief, for the time being, of the islands of Guernsey or Jersey; and that if any foreigner, or any person or persons for his Foreigners use and benefit, shall purchase or otherwise become entitled to the purchasing whole, or any part or share of, or any interest in, such vessel, and the vessels when same shall be within the limits of any port in Great Britain, Guernsey, Britain. Jersey, Man, or the British colonies, plantations, islands, or territories aforesaid, then the certificate of registry shall, within seven days after such purchase or transfer of property in such vessel, be delivered up to the person or persons hereinbefore authorized to make registry, and grant certificates of registry at such place respectively, as aforesaid; and if such vessel shall be in any foreign port when such pur- When in a chase or transfer of interest or property shall take place, then that the foreign port. same shall be delivered up to the British consul, or other chief British officer resident at or nearest to such foreign port; or if such vessel shall be at sea when such purchase or transfer of interest or property when at sea, shall take place, then that the same shall be delivered up to the British consul, or other chief British officer, at the foreign place in or at which the master shall first arrive after such purchase or transfer of property at sea, immediately after his arrival at such foreign port; but if such master, or other person who had the command thereof at the time of such purchase or transfer of property at sea, shall not arrive at a foreign port, but shall arrive at some port of Great Britain, Guernsey, Jersey, Man, or His Majesty's said colonies, plantations, islands, or territories, then that the same shall be delivered up in manner aforesaid, within 14 days after the arrival of such vessel, or of the person who had the command thereof, in any port of Great Britain, Guernsey, Jersey, Man, or any of His Majesty's said colonies, plantations, islands, or territories: and that if any pass, commonly called "A Mediterranean Pass," (a) shall have been obtained or procured Mediterrafor any such vessel, then the same shall be delivered up at the same nean passes time and in like manner, with the certificate of registry aforesaid, to the person or persons hereinbefore authorized to receive such certificate of registry: and such certificates so delivered up shall forthwith be transmitted to the commissioners of customs in England and Scotland respectively; and such Mediterranean passes shall be also transmitted to the commissioners of the admiralty of Great Britain, by the person or persons hereinbefore authorized to receive such certificates and passes, in order that the same may be cancelled.

Rule 14. "And whereas the provisions made by 7 & 8 Will. 3. "c. 22. (b) touching the endorsement on certificates of registry, in

(a) As to the nature of "A Mediterranean Pass," see TITLE 23. (b) By 7 & 8 Will. 3. c. 22. § 21. no ship's name registered shall be afterwards changed without registering such ship de novo, (which is required to be done upon any transfer of property to another port,) and delivering up the former certificate to be cancelled; and in case there be any alteration of property in the same port, by the sale of one or more shares in any ship, after registering thereof, such sale shall always be acknowledged by endorsement on the certificate of the registry before two witnesses, in order to prove that the entire property in such ship remains to some of the subjects of England, if any dispute arise concerning the same.

delivered up.

How transfer of vessels to

be noted in certificate,

§ 16.

26 Geo. 3. c. 60.

Persons

abroad.

How certifi

cate to be
recited in
transfers of
property,
§ 17.

Changes of masters of

Vessels, § 19.

No change in vessels'

names, § 19.

"case of any alteration of the property in any vessel, in the same port "to which the vessel belongs, have been found insufficient;" it is enacted that, in every such case, besides the endorsement required by the said act, there shall also be endorsed on the certificate of registry, before two witnesses, the town, place, or parish, where all and every person or persons to whom the property in any vessel, or any part thereof, shall be so transferred, shall reside; or if such person or persons usually reside in any country not under the dominion of His Majesty, but in some British factory, the name of such factory of which such person or persons is or are member or members; or if such person or persons reside in any foreign town or city, and are not members of some British factory, the name of such foreign town or city where such person or persons usually reside, and also the names of the house or copartnership in Great Britain or Ireland, for or with whom such person or persons is or are agent or partner, or agents or partners; and the person or persons to whom the property of such vessel shall be so transferred, or his or their agent, shall also deliver a copy of such endorsement to the person or persons authorized to make registry, and grant certificates of registry as aforesaid, who 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 registers which is hereby directed and required to be kept, and shall forthwith give notice thereof to the commissioners of customs in England or Scotland, under whom they respectively act.

Rule 15. When and so often as the property in any vessel, belonging to any of His Majesty's subjects, shall be transferred (a) to any other or others of His Majesty's subjects, in whole or in part, the certificate of the registry of such vessel shall be truly and accurately recited, in words at length, in the bill or other instrument of sale thereof, and that otherwise such bill of sale shall be utterly null and void, to all intents and purposes. (b)

Rule 16. When and so often as the master of any vessel, registered in manner hereinbefore directed, shall be changed, the master or owner of such vessel shall deliver to the person or persons hereinbefore authorized to make such registry, and grant such certificates of registry, at the port where such change shall take place, the certificate of registry belonging to such vessel; who shall thereupon endorse and subscribe a memorandum of such change, and shall forthwith give notice of the same to the proper officer of the place where such vessel was last registered pursuant to this act; who shall likewise make a memorandum of the same in the book of registers which is hereby directed and required to be kept, and shall forthwith give notice thereof to the commissioners of customs in England and Scotland respectively.

Rule 17. It shall not be lawful for any owner or owners of any vessel to give any name to such vessel, other than that by which she was first registered in pursuance of this act; and that the owner or owners of every vessel which shall be so registered shall, within one month from the time of such registry, paint or cause to be painted, in white ports, painted or yellow letters, of a length not less than four inches, upon a black

Names and

on stern.

(a) See Rules 38-46 of this title.

(b) For ADJUDGED CASES, see at the end of this title.

names.

ground, on some conspicuous part of the stern (provided there be suf- 26 Geo. 3. ficient space for that purpose, but if not, then in letters as large as such c. 60. space will admit), the name by which such vessel shall have been registered pursuant to this act, and the port to which she belongs, in a distinct and legible manner, and shall so keep and preserve the same; and if such owner or owners, or master of such vessel, shall wilfully Altering or alter, erase, obliterate, or in any wise hide or conceal, or cause or erasing procure, or permit the same to be done, unless in the case of square- Square-rigged rigged vessels in time of war, or shall in any written or printed paper, vessels during or other document, describe such vessel by any name, other than that war. by which she was first registered pursuant to this act, or shall verbally describe, or cause or procure or permit such vessel to be described, by any other name, to any officer of His Majesty's revenue, in the due execution of his duty, then, and in every such case, such owner or owners, or master of such vessel, shall forfeit 1007.

False name.

Great Britain,

Rule 18. Every person who shall apply for a certificate of the re- Applying for gistry of any vessel, in Great Britain, Guernsey, Jersey, or the Isle of certificates in Man, which shall be built, or whose building shall be completed, after &c. to prothe 1st of August, 1786, shall, and they are hereby required to pro- duce acduce to the person or persons authorized to grant such certificate, a counts, § 20. true and full account, under the hand of the builder of such vessel, of the proper denomination, and of the time when, and the place where, such vessel was built; and also an exact account of the tonnage of such vessel, together with the name of the first purchaser or purchasers thereof (which account such builder is hereby directed and required to give under his hand, on the same being demanded by such person so applying for a certificate as aforesaid); and shall also make oath, be- Oath of fore the person or persons hereinbefore authorized to grant such cer- identity. tificate, that the vessel for which such certificate is required is the same with that which is so described by the builder as aforesaid.

in colonies,

Rule 19. Every person who shall apply for such certificate in any Application of His Majesty's said colonies, plantations, or territories, shall, before for certificate such certificate is granted, produce the like account, under the hand 21. of the builder, and take the like oath as is hereinbefore required to be Account. produced and taken by persons applying for the like certificate in Great Britain.

Rule 20. If the certificate of the registry of any vessel which shall Certificates be obtained in pursuance of this act, shall happen to be lost or mislaid, lost, § 22. a register and certificate de novo, in the form hereinbefore directed, shall be granted for such vessel, according to the regulations contained in an act passed in 15 Geo. 2. c. 31. (a)

(a) By 15 Geo. 2. c. 31. § 2. if any vessel duly qualified to trade to, from, and in His Majesty's plantations in America, shall happen to be in any of the said plantations, and the certificate of the register thereof shall be lost or mislaid, the master of the said vessel may make oath, or, being a Quaker, a solemn affirmation, before the governor or collector of customs in the port where the vessel shall happen to be, in the following form;

"A. B. being master (or having the charge) of the ship or vessel called the does swear (or solemnly affirms) that the said ship or vessel has "been, as he verily believes, registered according to law, to qualify her to trade "to, from, and in His Majesty's plantations in America, and that he had a certi"ficate thereof granted at the port of but that the same is lost or mis"laid, and that he cannot find the same, and does not know where the same is or "what is become thereof, and that the same hath not been nor shall be, with his “privity or knowledge, sold or disposed of to any person or persons whatsoever;

26 Geo. 3.

Rule 21. In every such case such security shall be given as is herec. 60. 23. inbefore directed; and in lieu of the oath directed to be taken by the said act, the like oath shall be taken and subscribed as is hereinbefore directed to be taken and subscribed by the owner or owners of such vessels as are required to be registered by virtue of this act.

Fresh certifi

cates,

" and that he this deponent (or affirmant), and three fourths of the mariners navi"gating the said ship or vessel are His Majesty's British subjects, and the said ship "or vessel does now, as he believes, belong wholly to His Majesty's British sub"jects, and that no foreigner has to his knowledge or belief any share, property, or interest therein."

And the said master navigating the said vessel, shall also give good and sufficient security in the penalty of 5001, if the vessel be of the burthen of 100 tons or under, and so in proportion for every vessel of a greater burthen, to the collector of the port where the said ship shall be, in His Majesty's name, and to His Majesty's use, with condition that the said vessel was duly registered according to law, for qualifying the same to trade to, from, and in His Majesty's plantations in America, and that the certificate of the said register, if found, shall be delivered up to the commissioners of customs to be cancelled, and no illegal use has been or shall be made thereof, and that the same has not been nor shall be fraudulently disposed of, and that the said vessel does wholly belong to His Majesty's British subjects, and that no foreigner has any share, property, or interest therein; and upon making such oath or affimation, and giving such bond as aforesaid, the governor and collector of His Majesty's customs shall freely, and without fee or reward, give the said master of the said vessel, a certificate under their hands and seals, of his having given such bond, and made such oath or affirmation, and thereupon the said vessel shall have liberty to trade for that voyage only, in the same manner as if the original certificate had been produced, and the first hereinbefore mentioned oath or affimation had been taken, and no otherwise; and the said certificate so to be given shall have the same force and effect during the said voyage only, as the original certificate of the register if produced, and taking the first mentioned oath or affirmation would have had, and no other; and the officers taking the said oath and bond shall transmit an account thereof to the commissioners of customs.

By 3. if the certificate of the register of any vessel shall be lost, and the master of the said vessel, and one or more of the owners, shall make proof to the satisfaction of the commissioners of customs, in case the owner or owners or any of them shall reside in Great Britain, Guernsey, or Jersey, or of the governor or collector of customs residing in any of His Majesty's plantations in America, in case she was registered in such plantation, and none of the owners shall reside in Great Britain or Ireland, Guernsey or Jersey, upon oath, or, in case of a Quaker, upon solemn affirmation, of the loss of such certificate, and likewise of the name, burthen, built, property, and other particulars required, as upon original registers; and shall likewise give good and sufficient security, in the penalty of 500l. if the vessel be of the burthen of 100 tons, and so in proportion for every vessel of a greater burthen, to the collector of the port to which such vessel shall belong; and that the original certificate hath not been, nor shall be fraudulently disposed of or used contrary to law; and that the same, when found, shall be delivered up to the commissioners of customs to be cancelled; in such case, it shall be lawful for the said commissioners of customs, and the governor and collector of customs, residing at the plantations respectively, and the said commisioners, governor, and collector, are hereby required to permit the said vessel to be registered de novo ; and the proper officers shall deliver a certificate thereof to the owner or owners registering the same, and therein mention the name by which the vessel was formerly registered, and that such certificate of new register is granted in pursuance of this act, instead of a former certificate, which appears by such proof as this act requires, to be lost; and such new register and certificate shall have the same force and effect as if the same were an original register and certificate and no other; and a duplicate thereof shall be transmitted by the officers who shall grant the same to the commissioners of customs,

By 28 Gev. 3. c. 34. § 13. & 14. on complaint made on oath, to any justice of the peace residing near to the place, either in Great Britain, or the islands of Jersey, Guernsey, or Man, or in any territory in America, by the owner of any vessel whose certificate of registry shall, by the master of such vessel, be wilfully and

Ships altered.

Rule 22. If any vessel, after she shall have been registered pursuant 26 Geo. 3. to this act, shall in any manner whatever be altered in form or burthen, c. 60. § 24. by being lengthened or built upon, or shall be altered from a sloop to a brigantine, or from any one denomination of a vessel to another, by the mode or method of rigging or fitting, in such case such vessel shall be registered de novo, in manner hereinbefore required, as soon as she returns to the port to which she belongs, or to any other port in which she may be legally registered by virtue of this act, on failure whereof such vessel shall, to all intents and purposes, be considered, and deemed and taken to be, a foreign vessel.

be registered,

Rule 23. The owner or owners of all such vessels as shall be taken How prize by any of His Majesty's vessels of war, or by any private or other vessel, vessels may and condemned as lawful prize in any court of admiralty, shall, upon registering such vessel, before he or they shall obtain such certificate as aforesaid, produce to the proper officer of His Majesty's customs a certificate of the condemnation of such vessel, under the hand and seal of the judge of the court in which such vessel shall have been condemned (which certificate such judge is hereby authorized and re- Certificate quired to grant), and also a true and exact account, in writing, of and account. all the particulars contained in the certificate hereinbefore set forth, to be made and subscribed by one or more skilful persons to be appointed by the court to survey such vessel; and shall also make oath oath of before the said officer (which he is hereby authorized and required to identity. administer), that such vessel is the same vessel which is mentioned in the certificate of the judge aforesaid.

$26.

Rule 24. No vessel which shall be taken and condemned as prize Prizes conin any court of admiralty as aforesaid, shall be registered in the islands demned in of Guernsey, Jersey, or the Isle of Man, although belonging to His Guernsey, &o Majesty's subjects residing in those islands, or in some one or other of them; but in order that the duties now by law due and payable to His Majesty on such vessels may be levied and collected, the same shall be registered either at Southampton, Weymouth, Exeter, Plymouth, Falmouth, Liverpool, or Whitehaven, by the collector and controller at such ports respectively, who are hereby authorized and required, after the receipt of the said duties, to register such vessel, and to grant certificate thereof in the form, and under the regulations and restrictions in this act contained.

Rule 25. In all the cases where any vessel so taken and condemned Account of as aforesaid, in any of His Majesty's colonies, plantations, islands, or sale in coloterritories aforesaid, shall be registered, and obtain a certificate of nies, § 27.

maliciously refused to be delivered up, such justice may cause such master to be brought before him to be examined touching such detainer; and if it appear that the same is not lost or mislaid, but is wilfully and maliciously detained by the master, be shall be thereof convicted, and shall forfeit 100.; and on failure of payment thereof within two days after conviction, he shall be committed to the common gaol, there to remain without bail or mainprize for such time as the said justice shall deem proper, not being less than six months or more than twelve months.

The said justice may issue a warrant to cause search to be made for the certificate, and if it be found, the justice may cause it to be delivered to the owner; and if it be not found, the justice is required to certify the detainer and conviction to the person who granted the last certificate of registry for such vessel, who shall, on the conditions of the act being complied with, make registry of the vessel de novo, and grant a certificate thereof, notifying on the back of such certificate the ground upon which the vessel was so registered de novo. See also Rule 42 of this title.