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“ * Act for the further Increase and Encouragement of Shipping and Navigation.') 26 Geo. 3. “I have (or he or they hath or have] become a subject (or subjects) of Great c. 60. “ Britain (either by His Majesty's leiters patent, as a denizen or denizens, or * baturalized by act of parliament, as the case may be, naming the dates of the " letters of denization, or the act or acts of parliament for naturalization respec“ tively), or (as the case may be] I have (or he or they hath or have] become a " denizen (or denizens, or naturalized subject or subjects, as the case may be) of " Great Britain, by His Majesty's letters patent, or by an act of parliament " passed since the first day of January, 1786 (naming the times when such letters ** of denization have been granted respectively, or the year or years in which " such act or acts for naturalization have passed respectively), and that no “foreigner, directly or indirectly, hath any share or part or'interest in the said * ship or vessel.”

Rule 10. In case the number of joint owners or proprietors of any Addition to Fessel shall amount to three or more, and three of such joint owners oath when

members do or proprietors shall not personally attend to take and subscribe the

not attend, oathi hereinbefore directed to be taken and subscribed, then such owner $ 11. or owners, proprietor or proprietors, as shall personally attend and take and subscribe the oath aforesaid, shall further make oath that the part owner or part owners of such vessel then absent is or are not resident within 20 miles of such place, and hath or have not, to the best of his or their knowledge or belief, wilfully absented himself or themselves, in order to avoid the taking the oath hereinbefore directed to be taken and subscribed, or is or are prevented by illness from attending to take and subscribe the said oath. (a)

Rule 11. Previous to the registering or granting of any certificate Vessels to be of registry as aforesaid, some one or more proper person or persons,

examined and appointed by the commissioners of customs in England and Scotland,

admeasured,

$ 12. or by the governor, lieutenant-governor, or commander in chief for the time being, in the islands of Guernsey, Jersey, and Man, or of the colonies, plantations, islands, or territories aforesaid respectively (taking to his or their assistance, if he or they shall judge it necessary, one or more person or persons skilled in the building and admeasurement of ships), shall go on board of every such vessel as is to be registered, and shall strictly and accurately examine and admeasure every such vessel, as to all and every particular contained in the form of the certificate hereinbefore directed, in the presence of the master, or of any other person who shall be appointed for that purpose on the part of the owner or owners, or, in his or their absence, by the said master, and shall deliver a true and just account in writing, of all such Account. particulars of the built, description, and admeasurement of every such vessel as are specified in the form of the certificate above recited, to the person or persons who shall be authorized as aforesaid to make such registry and grant such certificate of registry; and the said mas- Master to

sigo. (a) By 27 Geo. 3. c. 19. § 5. the above act is not to prevent the making registry of vessels, and granting certificates thereof to the vessels wholly owned by the East India Company, or to any other body corporate within this kingdom, all other requisites of the said act being complied with, upon the following oath being takeo and subscribed by the secretary of the said company, or other body corporale, or by any other officer authorized by such company or body (instead of the oath directed to be taken by the above act) before the persons duly authorized to make such registry and grant such certificates respectively.

* I, A, B. secretary or officer (name of company or corporation), do make oath * thai the ship or vessel (name) of (port or place], whereof (master's name) is at « present master, being (kind of built, birthen, &c. as described in the certificate “ of the surveying officer), was (when and where built, or if prize, capture and is condemnation), and that the same doth wholly and truly belong to (name of " company or corporation).”

26 Geo. 8. C. 60.

Bond not to

Penalties

ter, or other person attending on the part of the owner or owners, is hereby required to sign his name also to the certificate of such survey. ing or examining officer in testimony of the truth thereof, provided such master or other person shall consent and agree to the several pare

ticulars set forth and described therein. False descrip- Rule 12. If such person so appointed to examine and admeasure tions, or false such vessels, shall wilfully deliver to any person authorized to make registrien, &c. registry and grant certificates of registry as aforesaid, a false descrip

&.

tion of any of the particulars hereby required to be contained in such certificate; or if any person hereinbefore authorized to make such registry, and grant such certificates of registry, shall, knowingly, make any false register, or grant any false certificate, in regard to any of the particulars required by this present act, he, on being convicted thereof by due course of law, in any of His Majesty's courts of record at Westminster, in the court of justiciary, or the court of exchequer in Scotland, or in any court of record in the said colonies, plantations, islands, or territories, or in the royal court in Guernsey or Jersey, or in the superior court of justice in the Isle of Man, as the case may be, shall forfeit the sum of 1001. and be for ever incapable of holding or enjoying any office or employment under His Majesty.

Rule 13. At the time of obtaining the certificate of registry as lend certif. aforesaid, sufficient security by bond shall be given to His Majesty, by cates, and to return them,

the master and such of the owners as shall personally attend, as is $16. hereinbefore required, such security to be approved of and taken by

the person or persons hereinbefore authorized to make such registry, and grant such certificates of registry, at the place (a) in which such certificate shall be granted, in the penalties following; that is to say, if such vessel shall be a decked vessel, or be above the burthen of 15 tons, and not exceeding 50 tons, in the penalty of 1001.; if exceeding the burthen of 50 tons, and not exceeding 100 tons, in the penalty of 3001.; if exceeding the burthen of 100 tons, and not exceeding 200 tons, in the penalty of 500l.; if exceeding the burthen of 200 tons,

and not exceeding 300 tons, in the penalty of 8001.; and if exceeding Condition of the burthen of 300 tons, in the penalty of 10001.: and the condition bond.

of

every such bond shall be, that such certificate shall not be sold, lent, or otherwise disposed of, to any person or persons whatever, and

that the same shall be solely made use of for the service of the vessel Vessels lost, for which it is granted; and that in case such ship shall be lost, or

(a) By 27 Geo. 3. c. 19 $ 6. the commissioners of customs in England or Scotland, or the governor, lieutenant-governor, or commander in chief, of the islands of Guernsey, Jersey, or the Isle of Man, or any of the territories which now belong, or may hereafter belong to, or be in the possession of Mis Majesty, in Asia, Africa, or America, are authorized to permit, in any case where it shall appear to them expedient, such bond to be taken before any person whatever, and in such manner, and in such place, as they shall respectively judge fitting and necessary, and such person is authorized to take the bond, and the bond when so taken shall be of the like force as if it had been taken by the persons authorized by the above act to make registry and grant certificate thereof.

By $.7. when the master of any vessel registered under the above act, shall be changed, the person who shall become master of such vessel shall give security by bond, to be taken in the manner and under the penalties and conditions of that and this act ; and upon such fresh security being from time to time given, and the same being made to appear by endorsement on the original bond by the officers in whose custody it shall be, such original bond, so far as it relates to the former master, shall henceforth be void, except with respect to any breach of the conditions of such bond wbich may bave been committed before auch endorsement.

tificates,

taken by the enemy, burnt, or broken up, or otherwise prevented 26 Geo. 8. from returning to the port to which she belongs, the certificate, if c. 6o. 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 cer. and 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 wben 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 Mediterra. for any such vessel, then the same shall be delivered up at the same nean passer 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 cer. tificates and passes, in order that the same may be cancelled.

Rule 14. “ And whereas the provisions made by 7 & 8 Will. 3. How transfer " c. 22. (b) touching the endorsement on certificates of registry, in of vessels to (a) As to the nature of “ A Mediterranean Pass,” see TITLE 23.

certificate, (6) By 7 & 8 Will. 3. c. 22. $ 21. no ship's name registered shall be afterwards

$ 16. 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

be noted in

26 Geo, 3.

C. 60.

Persons abroad.

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 Eng

land or Scotland, under whom they respectively act. How certifi- Rule 15. When and so often as the property in any vessel, belong

ing 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 cerproperty, tificate of the registry of such vessel shall be truly and accurately re$17.

cited, 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. (6), Changes of Rule 16. When and so often as the master of any vessel, re

gistered in manner hereinbefore directed, shall be changed, the vessels, $ 15.

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. No change in Rule 17. It shall not be lawful for any owner or owners of any ves

sel to give any name to such vessel, other than that by which she was Dames, ( 19.

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 Names and 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

cate to be recited in transfers of

masters of

vessels

on stern.

(a) See Rules 38–46 of this title.
(6) For ADJUDGED CASES, see at the end of this title,

.

False name.

a

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 1001.

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 pro

Great Britain, the 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.

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

in colonies, 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;

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