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PART II.

CHAPTER I.

REGISTRY OF SHIPS.

6 Geo. IV. c. 110.

An Act for the Registering British Vessels.

Whereas an act was passed in the present session of parliament, intituled “ An Act to repeal the several Laws relating to the Customs," in which it is declared, that the laws of the customs have become intricale by reason of the great number of acts relating thereto which have been passed through a long series of years; and that it is therefore highly expedient for the interest 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may be authorized to act in the execution thereof, that all the statutes now in force relating to the customs should be repealed, and that the purposes for which they have from time to time been made should be secured by new enactments, exhibiting more perspicuously and compendiously the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contained in them: and whereas by the said act all the laws relating to the registering of British vessels will be repealed; and it is expedient to make regulations for the registering of such ships and vessels, after such repeal shall have effect; be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that from and after the 5 January, 1826, this act shall come into and be and continue in full force and operation for the registering of British vessels, except where any other commencement is hereinafter particularly directed. § 1.

No vessel to enjoy privileges until registered.—No vessel shall be en. titled to any of the privileges or advantages of a British registered ship, until the persons claiming property therein shall have caused the same to be registered in manner hereinafter mentioned, and shall have obtained a certificate of such registry from the persons authorized to make such registry, and grant such certificate as hereinafter directed; the form of which certificate shall be as follows, viz. :

" This is to certify, that in pursuance of an act passed in the sixth year of the reign of King George the Fourth, intituled An Act [here insert the title of this act, the names, occupation, and residences of the subscribing owners,] having taken and subscribed the oath* required by this act, and having sworn that she or they] together with [names, occupations, and residences of non-subscribing owners] is (or are] sole owner or owners, in the proportions specified on the back hereof, of the ship or vessel called the [ship's namı) of [place to which the vessel belongs,) which is of the burthen of [number of tons,] and whereof [master's name] is master, and that the said ship or vessel was (when and where built, or condemned as prize, referring to builder's certificate, judge's certificate, or certificate of last registry, then delivered up to be cancelled,] and [name and employment of surveying officer) having certified to us that the said ship or vessel has [number] decks and [number] masts, that her length from the fore part of the main stem to the after part of the stern post aloft is [number of feet and inches,] her breadth at the broadest part [stating whether that be above or below the main wales] is [number of feet and inches] her (height between decks, if more than one deck, or depth in the hold, if only one deck] is [number of feet and inches,] that she is [how rigged] rigged with a standing or running] bowsprit, is [description of stern] sterned [carvel or clinker] built, has [whether any or no] gallery, and [kind of head, if any] head; and the said subscribing owners having consented and agreed to the above description, and having caused sufficient security to be given, as is required by the said act, the said ship or vessel called the [name] has being duly registered at the port of [name of port.] Certified under our hands at the custom-house, in the said port of (name o, port] this [date] day of (name of month] in the year (words at length.]

[Signed] Collector,

[Signed] Comptroller" And on the back of such certificate of registry there shall be an account of the parts or shares held by each of the owners mentioned in such certificate, in the form following: $ 2. " Names of the several owners Number of sixty-fourth shares within mentioned.

held by each owner. [Name]

Thirty-two. [Name]

Sirteen. [Name]

Eight.
[Name]

Eight.
[Signed] Collector.

[Signed] Comptroller." Persons authorized to make registry and grant certificates.t-The persons authorized to make such registry and grant such certificates shall be the collector and comptroller of customs in any part of the United Kingdom, and in the Isle of Man, in respect of ships or vessels to be there registered ; and the principal officers of customs in

• A declaration is now required instead by 2-and 3 Wm. IV.c. 84.6 34. See page 388 + See also page 387.

the island of Guernsey, or Jersey, together with the governor, lieu, tenant-governor, or commander-in-chief of those islands, in respect of ships or vessels to be there registered; and the collector and comptroller of customs of any port in the colonies, plantations, islands, and territories in Asia, Africa, and America ;* and the collector of duties at any port in the territories under the government of the East India company, and within the limits of the charter of the said company, payable to the said company, or any other person of the rank of senior merchant, or of six years standing in the said service, being appointed to act in the execution of this act, by any of the governments of the said company in India, in any ports in which there shall be no collector and comptroller of customs, in respect of ships or vessels to be there registered ; and the governor, lieutenant-governor, or commander-in-chief of Heligoland and Cape of Good Hope, † in respect of ships or vessels to be there registered : Provided always that no ship or vessel shall be registered at Malta, Gibraltar, or Heligoland, except such as are wholly of the built of those places, and such ships or vessels shall not be registered elsewhere ; and such ships or vessels so registered shall not be entitled to the privileges of British ships in any trade between the said United Kingdom and any of the colonies, plantations, islands, or territories in America : Provided also, that wherever by this act it is directed that any act shall be done by, to, or with any collector and comptroller of customs, the same may be done by, to, or with the principal officers of customs in the islands of Guernsey or Jersey, together with the governor, lieutenant-governor, or commander-in-chief of those islands, and also by, to, or with such collector or other person in India in the service of the East India company, and also by, to, or with the governor, lieutenant-governor, or commander-in-chief of Heligoland or Cape of Good Hope: Provided also, that wherever by this act it is directed that any act shall be done by, to, or with the commissioners of customs, the same shall be done by, to, or with the said commissioners, or any two of them, in England, Ireland, or Scotland, and also by, to, or with the governor, lieutenant-governor, or commander-in-chief of any place where any ship or vessel may be registered under this act, so far as such act can be applicable to the registering of any ship or vessel at such place. $ 3.

Ships erercising privileges before registry, to be forfeited.-In case any ship or vessel, not duly registered, and not having obtained such certificate of registry as aforesaid, shall exercise any of the privileges of a Brilish ship, the same shall be subject to forfeiture, and also all the guns, furniture, ammunition, tackle, and apparel, and shall be seized by any officer of customs: Provided always, that nothing in this act shall extend to affect the privileges of any ship or vessel registered prior to the 31 December, 1823, or by virtue of any act in force at the time of the commencement of this act, until such time as such ships or vessels shall be required by this act to be registered de novo.

§ 4. What ships are entitled to be registered.—No ship or vessel shall be registered, or having been registered, shall be deemed to be duly registered by virtue of this act, except such as are wholly of the built of the said United Kingdoin, or of the Isle of Man, or of the islands of Guernsey, or Jersey, or of some of the colonies, plantations, islands, or territories in Asia, Africa, or America, or of Malta, Gibraltar, or Heli

What related to the governors and lieutenant-governors, &c. of such territories, was repealed by 10 Geo. IV. c. 43. § 12. See page 387. + What related to Malta and Gibraltar repealed by 7 and 8 Geo. IV. c. 56. § 18.

$5.

goland, which belonged to his Majesty at the time of the building of such ships or vessels, or such ships or vessels as shall have been condemned in any court of admiralty as prize of war, or such ships or vessels as shall have been condemned in any competent court as aforesaid, for the breach of the laws for the prevention of the slave-trade, and which shall wholly belong and continue wholly to belong to subjects duly entitled to be owners of ships or vessels registered by this act.

Foreign repairs not to exceed 20s. per ton.-No ship or vessel shall continue to enjoy the privileges of a British ship after the same shall have been repaired in a foreign country, if such repairs shall exceed 20s. for every ton of the burthen, unless such repair shall have been necessary by reason of extraordinary damage sustained during her absence from his Majesty's dominions, to enable her to perform the voyage in which she shall have been engaged, and to return to some port of the said dominions; and whenever any ship or vessel, which has been so repaired in a foreign country, shall arrive at any port as a British registered ship or vessel, the master shall, upon the first entry thereof, report upon oath to the collector and comptroller of customs, that such ship has been so repaired, under penalty of 20s. for every ton of the burthen, according to the admeasurement thereof; and if it shall be proved to the satisfaction of the commissioners of customs, that such ship was seaworthy at the time when she last departed, and that no greater quantity of such repairs have been done to the said vessel than was necessary, it shall be lawful for the said commissioners, upon full consideration of all the circumstances, to direct the collector and comptroller to certify on the certificate of the registry, that it has been proved to the satisfaction of the commissioners of customs, that the privileges of the said ship have not been forfeited notwithstanding the repairs done in a foreign country. $ 6.

On combination of workmen.—And as it has recently happened that the owners of British ships have been unable to effect the necessary repairs to their vessels in British ports, by reason of combinations of workmen: It is enacted, that for two years from and after the passing of this act, when and as often as it shall appear expedient to the lords of his Majesty's privy council, it shall be lawful for them to issue their order in behalf of the master or owners of any such ship, permitting the same to proceed to some foreign port, to be named in such order, and there to be repaired to such extent as shall be necessary, for the voyage in which such ship is engaged. $7.

Power to privy council to permit vessels to proceed on their voyage with a less number of British seamen than required. And as by the law of navigation British ships cannot proceed to sea unless they be navigated by a crew, of which three-fourths at least are British seamen; it is enacted, that for two years from and after the passing of this act, when and as often as it shall appear expedient to the lords of the privy council, it shall be lawful for them to issue their order in behalf of the master or owners of any such ship, permitting such ship to pro

her voyage with a less number of British seamen than is required by the law of navigation; and every ship which shall be nas vigated with the number of British seamen required in such order, shall be deemed to be duly navigated. § 8.

Ships declared unseaworthy. If any ship or vessel registered, shall be deemed or declared to be stranded or unseaworthy, and incapable of being recovered or repaired, and shall for such reasons be sold by order of any competent court for the benefit of the owners, the same

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