c. 55.

bowsprit, is [description of stern] sterned, [carvel or clincher] built, has 3 & 4 W. 4, [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 re'quired by the said act, the said ship or vessel called the [name] has been duly registered at the port of [name of port]. Certified under our 'hands at the custom house in the said port of [name of port] this [date] 'day of [name of month] in the year [words at length].

Persons authorized to make registry and grant certificates.

[Signed] [Signed]

Collector. Controller.'

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 and described in such certificate, in the form and manner following:

III. That the persons authorized and required to make such registry and grant such certificates shall be the several persons herein-after mentioned and described; (that is to say,)

In united king- The collector and controller of his Majesty's customs in any port in the 'dom and isle of united kingdom of Great Britain and Ireland, and in the Isle of Man Man. respectively, in respect of ships or vessels to be there registered: In Guernsey, The principal officers of his Majesty's customs in the island of Guernsey or Jersey, together with the governor, lieutenant governor, or commander in chief of those islands respectively, in respect of ships or vessels to be there registered:

&c.

In colonies in

Asia, Africa,

and America:

East India

company:

The collector and controller of his Majesty's customs of any port in the British possessions in Asia, Africa, and America, or the collector of any such port at which no appointment of a controller has been made, in respect of ships or vessels to be there registered:

In territories of The collector of duties at any port in the territories under the government of the East India Company, within the limits of the charter of the said company, or any other person of the rank in the said company's service of senior merchant, or of six years standing in the said service, being respectively appointed to act in the execution of this act by any of the governments of the said company, in respect of ships or vessels to be there registered:

within limits of

the charter :

In other places The collector of duties at any British possession within the said limits, and not under the government of the said company, and at which a custom house is not established, together with the governor, lieutenant governor, or commander in chief of such possession, in respect of ships or vessels to be there registered:

In Malta, Gibraltar, &c.

The governor, lieutenant governor, or commander in chief of Malta, Gibraltar, Heligoland, and Cape of Good Hope respectively, in respect of ships or vessels to be there registered:

Limitation as to Provided always, That no ship or vessel to be registered at Heligoland, vessels regis- except such as is wholly of the built of that place, and that ships or tered at Malta, vessels, after having been registered at Malta, Gibraltar, or Heligoland, shall not be registered elsewhere; and that ships or vessels registered at Malta, Gibraltar, or Heligoland shall not be entitled to the privileges

Gibralar, or
Heligoland.

c. 55.

and advantages of British ships in any trade between the said united No. XIII, kingdom and any of the British possessions in America: Provided also, 3 & 4 W. 4, That wherever in and by this act it is directed or provided that any act, matter, or thing shall and may be done or performed by, to, or with any collector and controller of his Majesty's customs, the same shall or may Certain powers be done or performed by, to, or with the several persons respectively of collectors herein-before authorized and required to make registry, and to grant and controllers, certificates of registry as aforesaid, and according as the same act, by whom to be matter, or thing is to be done or performed at the said several and res- exercised in certain cases. pective places, and within the jurisdiction of the said several persons respectively: Provided also, That wherever in and by this act it is Powers of comdirected or provided that any act, matter, or thing shall or may be done missioners of or performed by, to, or with the commissioners of his Majesty's cus- customs in toms, the same shall or may be done or performed by, to, or with the united kingdom governor, lieutenant governor, or commander in chief of any place given to where any ship or vessel may be registered under the authority of this governors, &c. act, so far as such act, matter, or thing can be applicable to the registering of any ship or vessel at such place.

abroad.

IV. That in case any ship or vessel not being duly registered, and Ships exercisnot having obtained such certificate of registry as aforesaid, shall exer- ing privileges cise any of the privileges of a British ship, the same shall be subject to before registry forfeiture, and also all the guns, furniture, ammunition, tackle, and to be forfeited; apparel to the same ship or vessel belonging, and shall and may be seized by any officer or officers of his Majesty's customs: Provided but not to affect always, that nothing in this act shall extend or be construed to extend vessels registered under preto affect the privileges of any ship or vessel which shall prior to the vious act. commencement of this act have been registered by virtue of an act passed in the sixth year of the reign of his late Majesty king George the fourth, intituled An Act for the registering British Vessels.

V. That no ship or vessel shall be registered, or having been regis- What ships are tered shall be deemed to be duly registered, by virtue of this act, except entitled to be such as are wholly of the built of the said united kingdom, or of the registered. 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 Heligoland, which belong to his Majesty, his heirs or successors, 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 forfeited for the breach of the laws made for the prevention of the slave trade, and which shall wholly belong and continue wholly to belong to his Majesty's subjects duly entitled to be owners of ships or vessels registered by virtue of this act. VI. That no Mediterranean pass shall be issued for the use of any Mediterranean ship, as being a ship belonging to Malta or Gibraltar, except such as be pass may be isduly registered at those places respectively, or such as, not being en- sued at Malta titled to be so registered, shall have wholly belonged, before the tenth or Gibraltar day of October one thousand eight hundred and twenty-seven, and for certain shall have continued wholly to belong, to persons actually residing at ships only. those places respectively, as inhabitants thereof, and entitled to be owners of British ships there registered, or who, not being so entitled, shall have so resided upwards of fifteen years prior to the said tenth day of October one thousand eight hundred and twenty-seven.

VII. That no ship or vessel shall continue to enjoy the privileges of a Foreign repairs British ship after the same shall have been repaired in a foreign not to exceed country, if such repairs shall exceed the sum of twenty shillings for 20s. per ton. every ton of the burthen of the said ship or vessel, unless such repairs shall have been necessary by reason of extraordinary damage sustained by such ship or vessel 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 or place in the said dominions; The master on and whenever any ship or vessel which has been so repaired in a foreign arrival to recountry shall arrive at any port in his Majesty's dominions as a British port such repairs.

No. XIII 3 & 4 W. 4,

c. 55.

Necessity of

registered ship or vessel, the master or other person having the command or charge of the same shall, upon the first entry thereof, report to the collector and controller of his Majesty's customs at such port that such ship or vessel has been so repaired, under penalty of twenty shillings for every ton of the burthen of such ship or vessel, according to the admeasurement thereof; and if it shall be proved to the satisfaction such repairs to of the commissioners of his Majesty's customs that such ship or vessel be proved to was seaworthy at the time when she last departed from any port or commissioners place in his Majesty's dominions, and that no greater quantity of such repairs have been done to the said vessel than was necessary as aforesaid, it shall be lawful for the said commissioners, upon a full consideration of all the circumstances, to direct the collector and controller of the port where such ship or vessel shall have arrived, or where she shall then be, to certify on the certificate of the registry of such ship or vessel that it has been proved to the satisfaction of the commissioners of his Majesty's customs that the privileges of the said ship or vessel have not been forfeited, notwithstanding the repairs which have been done to the same in a foreign country.

of customs.

Ships declared unseaworthy to

be deemed ships lost or broken up.

British ships captured not to be again en

titled to registry; but ships

condemned in courts of ad

miralty may be registered. Ships shall be registered at the port to which they belong.

VIII. That if any ship or vessel registered under the authority of this or any other act shall be deemed or declared to be stranded or unseaworthy, and incapable of being recovered, or repaired to the advantage of the owners thereof, and shall for such reasons be sold by order or decree of any competent court for the benefit of the owners of such ship or vessel or other persons interested therein, the same shall be taken and deemed to be a ship or vessel lost or broken up to all intents and purposes within the meaning of this act, and shall never again be entitled to the privileges of a British-built ship for any purposes of trade or navigation.

IX. That no British ship or vessel which has been or shall hereafter be captured by and become prize to an enemy or sold to foreigners shall again be entitled to the privileges of a British ship: Provided always, That nothing contained in this act shall extend to prevent the registering of any ship or vessel whatever which shall afterwards be condemned in any court of admiralty as prize of war, or in any competent court, for breach of laws made for the prevention of the slave

trade.

X. That no such registry shall hereafter be made, or certificate thereof granted, by any person or persons herein-before authorized to make such registry and grant such certificate, in any other port or place than the port or place to which such ship or vessel shall properly belong, except so far as relates to such ships or vessels as shall be condemned as prizes in any of the islands of Guernsey, Jersey, or Man, which ships or vessels shall be registered in manner herein-after Commissioners directed; but that all and every registry and certificate made and of customs may granted in any port or place to which any such ship or vessel does not permit registry properly belong shall be utterly null and void to all intents and purat other ports. poses, unless the officers aforesaid shall be specially authorized and empowered to make such registry and grant such certificate in any other port by an order in writing under the hands of the commissioners of his Majesty's customs, which order the said commissioners are hereby Book of regis- authorized and empowered to issue if they shall see fit; and at every ters to be kept, port where registry shall be made in pursuance of this act a book shall and accounts to be kept by the collector and controller, in which all the particulars be transmitted contained in the form of the certificate of the registry herein-before

to commis

sioners.

Port to which

directed to be used shall be duly entered; and every registry shall be numbered in progression, beginning such progressive numeration at the commencement of each and every year; and such collector and controller shall forthwith, or within one month at the farthest, transmit to the commissioners of his Majesty's customs a true and exact copy, together with the number of every certificate which shall be by them so granted.

XI. That every ship or vessel shall be deemed to belong to some port

c. 55.

at or near to which some or one of the owners, who shall make and No. XIII. subscribe the declaration required by this act before registry be made, 3 & 4 W. 4, shall reside; and whenever such owner or owners shall have transferred all his or their share or shares in such ship or vessel, the same shall be registered de novo before such ship or vessel shall sail or depart from vessels shall be the port to which she shall then belong, or from any other port which deemed to beshall be in the same part of the united kingdom, or the same colony, long. plantation, island, or territory as the said port shall be in: Provided Change of subalways, that if the owner or owners of such ship or vessel cannot in scribing owners sufficient time comply with the requisites of this act, so that registry to require remay be made before it shall be necessary for such ship or vessel to gistry de novo. sail or depart upon another voyage, it shall be lawful for the collector If registry de and controllor of the port where such ship or vessel may then be to cer- novo cannot be tify upon the back of the existing certificate of registry of such ship or made, ship may vessel, that the same is to remain in force for the voyage upon which go one voyage the said ship or vessel is then about to sail or depart: Provided also, with permission indorsed on cerThat if any ship or vessel shall be built in any of the colonies, planta- tificate of registions, islands, or territories in Asia, Africa, or America, to his Majesty try. belonging, for owners residing in the united kingdom, and the master of such ship or vessel, or the agent for the owner or owners thereof, shall have produced to the collector and controller of the port at or near to which such ship or vessel was built, the certificate of the builder required by this act, and shall have made and subscribed a declaration in united kingbefore such collector and controller of the names and descriptions of the dom, may have principal owners of such ship or vessel, and that she is the identical a certificate ship or vessel mentioned in such certificate of the builder, and that no from the collecforeigner, to the best of his knowledge and belief, has any interest tor, &c. to trade therein; the collector and controller of such port shall cause such ship for two years or or vessel to be surveyed and measured in like manner as is directed for until arrival in united kingthe purpose of registering any ship or vessel, and shall give the master of such ship or vessel a certificate under their hands and seals, purporting to be under the authority of this act, and stating when and where and by whom such ship or vessel was built, the description, tonnage, and other particulars required on registry of any ship or vessel, and such certificate shall have all the force and virtue of a certificate of registry under this act, during the term of two years, unless such ship shall sooner arrive at some place in the united kingdom; and such collector and controllor shall transmit a copy of such certificate to the commissioners of his Majesty's customs.

Ships built in foreign possessions, for

owners resident

dom.

XII. That no person who has taken the oath of allegiance to any Persons residforeign state, except under the terms of some capitulation, unless he ing in foreign shall afterwards become a denizen or naturalized subject of the united countries may kingdom by his Majesty's letters patent or by act of parliament, nor not be owners, any person usually residing in any country not under the dominion of unless memhis Majesty, his heirs and successors, unless he be a member of some bers of British British factory, or agent for or partner in any house or copartnership factories, or actually carrying on trade in Great Britain or Ireland, shall be entitled agents for or to be the owner, in whole or in part, directly or indirectly, of any ship or partners in British houses, or vessel required and authorized to be registered by virtue of this act; member of save and except that it shall be lawful for any person who was a mem- merchants ber of the company of merchants trading to the Levant seas at the time trading to Leof its dissolution, and who was a resident at any of the factories of the vant seas. said company, to continue to hold any share or shares in any Britishregistered ship of which at the time of such residence he was an owner or part owner, although such person shall continue to reside at any of the places where such factories had existed prior to the dissolution of the said company.

XIII. That no registry shall henceforth be made or certificate granted Declaration to until the following declaration be made and subscribed, before the per- be made by son or persons herein-before authorized to make such registry and subscribing grant such certificate respectively, by the owner of such ship or vessel owners preif such ship or vessel is owned by or belongs to one person only, or in vious to registry.

No. XIII.

3 & 4 W. 4,

c. 55.

Proportion of owners who

shall subscribe

and take the declaration.

ration.

case there shall be two joint owners, then by both of such joint owners if both shall be resident within twenty miles of the port or place where such registry is required, or by one of such owners if one or both of them shall be resident at a greater distance from such port or place; or if the number of such owners or proprietors shall exceed two, then by the greater part of the number of such owners or proprietors if the greatet number of them shall be resident within twenty miles of such port or place as aforesaid, not in any case exceeding three of such owners or proprietors, unless a greater number shall be desirous to join in making and subscribing the said declaration, or by one of such owners if all, or all except one, shall be resident at a greater disgrace :

Form of decla- IA.B. of [place of residence and occupation] do truly declare, That the ship or vessel [name] [of port or place], whereof [master's name] is at present master, being [kind of built, burthen, et cætera, as described in the certificate of the surveying officer], was [when and where built, or, if prize or forfeited, capture and condemnation as such], and that I the said A. B. [and the other owners' names and occupations, if any, and where they respectively reside, videlicet, town, place, or parish, and county, or if member of and resident in any factory in foreign parts, or in any foreign town or city, being an agent for or partner in any house or copartnership ' actually carrying on trade in Great Britain or Ireland, the name of such 'factory, foreign town, or city, and the names of such house or copartnership] am [or are] sole owner [or owners] of the said vessel, and that no other person or persons whatever hath or have any right, title, interest, share, or property therein or thereto; and that I the said A. B. [and the said other owners, if any] am [or are] truly and bona fide a subject [or subjects] of Great Britain; and that I the said A. B. have not [nor have any of the other owners, to the best of my knowledge and belief] taken the oath of allegiance to any foreign state whatever [except under the terms of some capitulation, describing the particulars thereof or that since my taking [or his or their taking] the oath of allegiance to [naming the foreign states respectively to which he or any of the said owners shall have taken the same] I have [ or he or they hath or have] become a denizen [or denizens, or naturalized subject or sub'jects, as the case may be] of the united kingdom of Great Britain and Ireland by his Majesty's letters patent or by an act of parliament [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 interest in the said ship or vessel.'

Addition to declaration in

case the re

་

Provided always, That if it shall become necessary to register any ship or vessel belonging to any corporate body in the united kingdom, the following declaration, in lieu of the declaration herein-before directed, shall be taken and subscribed by the secretary or other proper officer of such corporate body; (that is to say,)

'I 4. B. secretary or officer of [name of company or corporation] do truly declare, That the ship or vessel [name] of [port] whereof [master's name] is at present master, being [kind of built, burthen, et cætera, as described in the certificate of the surveying officer] was [when and where built, or, if prize or forfeited, capture and condemnation as such], and that the same doth wholly and truly belong to [name of company or corporation].'

XIV. That in case the required number of joint owners or proprietors of any ship or vessel shall not personally attend to make and subscribe the declaration herein-before directed to be made and subquired number scribed, then and in such case such owner or owners, proprietor or proprietors, as shall personally attend and make and subscribe the declaration aforesaid, shall further declare that the part owner or part owners of such ship or vessel then absent is or are not resident within twenty miles of such port or place, and hath or have not, to the best of his or

of owners do not attend.