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His Majesty's Customs, upon Proof to their Satisfaction of the fair Dealings of the Parties, to permit such Ship or Vessel to be registered de novo, in like Manner as if a Bill of Sale for the Transfer of such Share or Shares had been produced: PROVIDED always, that in any of the Cases herein-mentioned, good and sufficient Security shall be given to produce a legal Power or Bill of Sale within a reasonable Time, or to abide the future Claims of the absent Owner, his Heirs and Successors, as the Case may be; AND at the future Request of the Party whose Property has been so transferred, without the Production of a Bill of Sale from him or from his lawful Attorney, such Bond shall be available for the Protection of his Interest, in addition to any Powers or Rights which he may have in Law or Equity against the Ship or Vessel, or against the Parties concerned, until he shall have received full Indemnity for any Loss or Injury sustained by him.

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Transfers.

Security being given to produce legal Powers, or abide future Claims.

MORTGAGE.

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XLV. AND be it further enacted, That when any Transfer by way Transfer of any Ship or Vessel, or of any Share or Shares of Mortgage. thereof, shall be made only as a Security for the Payment of a Debt or Debts, either by way of Mortgage, or of Assignment to a Trustee or Trustees for the Purpose of selling the same for the Payment of any Debt or Debts,

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THEN and in every such Case the Collector and Comptroller of the Port where the Ship or Vessel is registered shall in the Entry (1) in the Book of Registry, and also in the Indorsement on the Certificate of Registry, in Manner herein-before directed (2), state and express that such Transfer was made only as a Security for the Payment of a Debt or Debts, or by way of Mortgage, or to that Effect;

Owner.

AND the Person or Persons Mortgagee not to whom such Transfer shall be made, or any other Person to be deemed an or Persons claiming under him or them as a Mortgagee or Mortgagees, or a Trustee or Trustees only,

shall not

by reason thereof be deemed to be the Owner or Owners
of such Ship or Vessel, Share or Shares thereof;
NOR shall the Person or Persons making such Transfer

Transfers of

Ships for Secubeing registered, Rights of Mort

rity of Debts

gagee not affected by any Act of Bank

ruptcy of Mortgagor, &c.

be deemed by reason thereof to have ceased to be an Owner or Owners of such Ship or Vessel, any more than if no such Transfer had been made, except so far as may be necessary for the Purpose of rendering the Ship or Vessel, Share or Shares so transferred, available - by Sale or otherwise for the Payment of the Debt or Debts for securing the Payment of which such Transfer shall

have been made.

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XLVI. AND be it further enacted, That when any Transfer of any Ship or Vessel, or of any Share or Shares thereof, shall have been made as a Security for the Payment of any Debt or Debts, either by way of Mortgage or of Assignment as aforesaid, and such Transfer shall have been duly registered (1) according to the Provisions of this Act, -the Right or Interest of the Mortgagee or other Assignee as aforesaid shall not be in any Manner affected by any Act or Acts of Bankruptcy committed by such Mortgagor or Assignor, Mortgagors or Assignors, after the Time when such Mortgage or Assignment shall have been so registered as aforesaid, notwithstanding such Mortgagor or Assignor, Mortgagors or Assignors, at the Time he or they shall so become bankrupt as aforesaid, shall have in his or their Possession, Order, and Disposition, and shall be the reputed Owner or Owners of the said Ship or Vessel, or the Share or Shares thereof, so by him or them mortgaged or assigned as aforesaid,

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BUT that such Mortgage or Assignment shall take place of and be preferred to any Right, Claim, or Interest which may belong to the Assignee or Assignees of such Bankrupt or Bankrupts in such Ship or Vessel, Share or Shares thereof; any Law or Statute to the contrary thereof notwithstanding.

Commissioners

in Scotland, &c.

to transmit Copies of Certificates to Com

missioners in England.

MISCELLANEOUS.

XLVII. AND be it also further enacted, That the Commissioners of His Majesty's Customs in Scotland and Ireland respectively shall transmit, at the End of every Month in each Year, to the Commissioners of His Majesty's Customs in England, true and exact Copies of all

(1) See § 37. 39.

such Certificates as shall be granted by them, or by any Officer or Officers within the Limits of their Commission, in pursuance of this Act.

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XLVIII. AND be it further enacted, That it shall and may be lawful for any Governor (1), Lieutenant Governor, or Commander in Chief of any of His Majesty's Colonies, Plantations, Islands, or Territories, and they are hereby respectively authorized and required, if any Suit, Information, Libel, or other Prosecution or Proceeding of any Nature or Kind whatever shall have been commenced, or shall hereafter be commenced in any Court whatever in any of the said Colonies, Plantations, Islands, or Territories respectively, touching the Force and Effect of any Register granted to any Ship or Vessel, upon a Representation made to any such Governor, Lieutenant Governor, or Commander in Chief,- to cause all Proceedings thereon to be stayed, if he shall see just Cause so to do, until His Majesty's Pleasure shall be known and certified to him by His Majesty, by and with the Advice of His Majesty's Privy Council; AND such Governor, Lieutenant Governor, or Commander in Chief 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 stayed, and such Documents (properly verified) as he may judge necessary for the Information of His Majesty.

Governors of Colonies, &c. ceedings in Suits to be stayed.

may cause Pro

Punishing Persons making

such Person or

false Oath;

XLIX. AND be it further enacted, That if any Person or Persons shall falsely make Oath to any of the Matters herein-before required to be so verified, Persons shall suffer the like Pains and Penalties as are incurred by Persons committing wilful and corrupt Perjury;

AND that if any Person or Persons shall counterfeit, or falsifying any erase, alter, or falsify any Certificate or other Instrument Document. in Writing required or directed to be obtained, granted,

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or produced by this Act, or shall knowingly or wilfully make use of any Certificate or other Instrument so counterfeited, erased, altered, or falsified, or shall wilfully Granting false grant such Certificate or other Instrument in Writing,

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Documents.

How Penalties

are to be recovered,

and Officers Shares.

Act may be altered this Session.

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knowing it to be false, such Person or Persons shall for every such Offence forfeit the Sum of Five hundred Pounds.

L. AND be it further enacted, That all the Penalties (1) and Forfeitures inflicted and incurred by this Act shall and may be sued for, prosecuted, and recovered in such -Courts, and be disposed of in such Manner, and by such Ways, Means, and Methods, as any Penalties or Forfeitures inflicted or which may be incurred for any Offences committed against the Laws of Customs may now legally be sued for, prosecuted, recovered, and disposed of; AND that the Officer or Officers concerned in Seizures or Prosecutions under this Act shall be entitled to and receive the same Share of the Produce arising from such Seizures, as in the Case of Seizures for unlawful Importation, and to such Share of the Produce arising from any pecuniary Fine or Penalty for any Offence against this Act, as any Officer or Officers is or are now by any Law or Regulation entitled to upon Prosecutions for pecuniary Penalties.

LI. AND be it further enacted, That this Act may be altered, varied, or repealed by any Act or Acts to be passed in this Session of Parliament.

(1) See Jurisdiction, Cap. 108.

ANNO SEXTO

GEORGII IV. REGIS.

CA P. CXI.

An Act for granting Duties of Customs.

[5th July 1825.]

WHEREAS an Act was passed in the present Session

of Parliament, intituled An Act to repeal the several 6 G. 4. c. 105. Laws relating to the Customs; in which it is declared, that the Laws of the Customs have become intricate by reason of the great Number of Acts relating thereto which have been passed through a long Series of Years, and is therefore highly expedient for the Interests of Commerce and the Ends of Justice, and also for affording Convenience and Facility to all Persons who may be subject to the Operation of those Laws, or who may be authorized to act in Execution thereof, that all the Statutes now in force relating to the Customs should be repealed, and that the Purposes for which they have from Time to Time been made should be secured by new Enactments, exhibiting more perspicuously and compendiously the various Provisions contained in them: And whereas by the said Act all the Acts and Parts of Acts by which the Duties of Customs have been granted will be repealed, and all Duties of Customs will thereby be made to cease and determine; and it is expedient to make Provision for granting other Duties of Customs in lieu thereof: Be it therefore enacted, That from and after the Commencement Fifth Day of January One thousand eight hundred and of Act. twenty-six, this Act shall come into and be and continue in full Force and Operation for granting Duties of Cus

toms.

II. AND be it further enacted, That in lieu and instead of all other Duties of Customs (except the Duties

Instead of all

other Duties of

Customs (ex

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