Oath to be made

be granted.

Before Licence be granted, Ship to be surveyed as if for Registry;

be made thereof with his or their Privity or Knowledge; AND further, that before any such Licence shall be before Licence granted as aforesaid, the Master of such Ship or Vessel shall also make Oath that the same has been registered as a British Ship, naming the Port where and the Time when such Registry was made, and all the Particulars contained in the Certificate thereof, to the best of his Knowledge and Belief, and shall also give such - Bond, and with the same Condition as is before mentioned: PROVIDED also, that before any such Licence shall be granted, such Ship or Vessel shall be surveyed in like Manner as if a Registry de novo were about to be made thereof; — and the Certificate of such Survey shall be preserved by the Collector and Comptroller of the Port to which such Ship or Vessel shall belong; AND in virtue thereof it shall be lawful for the said Commissioners, after Departure and they are hereby required to permit such Ship or Vessel to be registered after her Departure, whenever the Owner or Owners shall personally attend to take and subscribe the Oath required by this Act before Registry be made, and shall also comply with all other Requisites of this Act, except so far as relates to the Bond to be given by the Master of such Ship or Vessel; WHICH Certificate of Registry the said Commissioners shall and may transmit to the Collector and Comptroller of any other Port, to be by them given to the Master of such Ship or Vessel, upon his giving such-Bond (1), and delivering up the Licence which had been granted for the then present Use of such Ship or Vessel.

and Registry may be made

of the Ship,

and Certificate

transmitted to be exchanged for the Licence

Persons detaining Certificate of Registry to forfeit 100%.

XXVII. AND whereas it is not proper that any Person under any Pretence whatever should detain the Certificate of Registry of any Ship or Vessel, or hold the same for any Purpose other than the lawful - Use and Navigation of the Ship or Vessel for which it was granted; be it therefore enacted, THAT in case the Master of any Ship or Vessel, or any other Person, who shall have received or obtained by any Means or for any Purpose whatever the Certificate of the Registry thereof (whether such Master or other Person shall be a Part Owner or not), shall wilfully detain and refuse to deliver the same up to the proper Officers of His Majesty's Customs, for the

-

-

(1) See Bond given by new Master after Registry, upon Indorsement of his Name upon the Certificate, § 22.

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same,

-

Purposes of such Ship or Vessel, as Occasion shall re-
quire (1), it may and shall be lawful to and for any
Owner or Owners of such Ship or Vessel, the Certificate
of Registry of which shall be detained and refused to be
delivered up as. aforesaid, to make Complaint on Oath
against the Master of the Ship or Vessel, or other Person,
who shall so detain and refuse to deliver up the
of
such Detainer and Refusal, to any Justice of the Peace
residing near to the Place where such Detainer and Refusal
shall be, in Great Britain or Ireland,
or to any
Member
of the Supreme Court of Justice, or any Justice of the
Peace in the Islands of Jersey, Guernsey, or Man, or in
any Colony, Plantation, Island, or Territory to His Majesty
belonging, in Asia, Africa, or America, or Malta, Gibraltar,
or Heligoland, - where such Detainer and Refusal shall
be in any of the Places last mentioned; and on such
Complaint the said Justice or other Magistrate shall and
is hereby required, by Warrant under his Hand and
Seal, to cause such Master or other Person to be brought
before him to be examined touching such Detainer and
Refusal; AND if it shall appear to the said Justice
or other Magistrate, on Examination of the Master or other
Person, or otherwise, that the said Certificate of Registry
is not lost or mislaid, but is wilfully detained by the
said Master or other Person, such Master or other Person
shall be thereof convicted, and shall forfeit and pay the
Sum of One hundred Pounds, and on failure of Payment
thereof he shall be committed to the Common Gaol, there
to remain without Bail or Mainprize for such Time as the
said Justice or other Magistrate shall in his Discretion
deem proper, not being less than Three Months nor more
than Twelve Months; AND the said Justice or other
Magistrate shall and he is hereby required to certify the

(1) Such as the reporting, entering, or clearing of the Ship; the endorsing of a Transfer on Production of a Bill of Sale; the endorsing of a new Master, &c. &c. The evident Anxiety of the Law is, that no Vessel shall be detained for want of the Certificate of her Registry pending any Dispute: the Party in actual Possession of the Vessel, and capable of navigating her, must therefore be deemed the Party entitled to the Possession of the Document; and the Officer, in order that he may be certain of returning the Certificate to such a Party, may, in some Cases, find it necessary to deliver it into the Hands of the Master on the Deck of the Vessel. If the Certificate be not delivered to the Officer, and Registry de novo be adopted in Opposition to the Party detaining the Register (who may perhaps elect to pay the Fine of 100%.), the surveying Officer, on going aboard the Vessel to examine her, will ascertain whether the Party who has required the Registry has such Possession of the Vessel as shall enable him to accompany the Officer, and go over the Vessel with him for the Purposes of the Survey. See Survey, § 16.

.

Justice to certify
-Detainer, and

Ship to be re-
gistered de novo.

If Person detaining Certificate have absconded, Ship may be regis

of lost Cer

tificate.

6o GEO. 4. aforesaid Detainer, Refusal, and Conviction, to the Person or Persons who granted such Certificate of Registry for such Ship or Vessel, who shall, on the Terms and Conditions of Law being complied with, make Registry of such Ship or Vessel de novo, and grant a Certificate thereof conformably to Law, notifying on the Back of such Certificate the Ground upon which the Ship or Vessel was so registered de novo; AND if such Master or other Person who shall have detained and refused to deliver up such Certificate of Registry as aforesaid,

or shall be verily believed to have detained the same, shall have tered as in case absconded, so that the said Warrant of the Justice or other Magistrate cannot be executed upon him, and Proof thereof shall be made to the Satisfaction of the Commissioners of His Majesty's Customs, — it shall be lawful for the said Commissioners to permit such Ship or Vessel to be registered de novo, or otherwise, in their Discretion, to grant a Licence for the present Use of such Ship or Vessel, in like Manner as is herein-before provided in the Case wherein the Certificate of Registry is lost or mislaid. (1)

Ship altered in certain Manner to be registered de novo.

Vessels condemned as

Prize, or for

SHIP ALTERED.

XXVIII. AND be it further enacted, That if any Ship or Vessel, after she shall have been registered pursuant to the Directions of this Act, shall in any Manner whatever be altered, so as not to correspond with all the Particulars contained in the Certificate of her Registry, in such Case such Ship or Vessel shall be registered de novo, in manner herein-before required, as soon as she returns to the Port to which she belongs, or to any other Port (2) which shall be in the same Part of the United Kingdom, or in the same Colony, Plantation, Island, or Territory, as the said Port shall be in, ON Failure whereof such Ship or Vessel shall to all Intents and Purposes be considered and deemed and taken to be a Ship or Vessel not duly registered.

PRIZE.

XXIX. AND be it further enacted, That the Owner or Owners of all such Ships and Vessels as shall be

(1) See § 26.

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(2) The Certificate of Survey, § 16.; and the separate Bond of the Master, § 21.; may be transmitted from the Port where the Ship lies to the Port of Registry.

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Breach of Laws against Slave

Trade, Certificate of Condemnation to be

taken by any of His Majesty's Ships or Vessels of War, or
by any private or other Ship or Vessel, and condemned as
lawful Prize in any Court of Admiralty, · or of such Ships
or Vessels as shall be condemned in any competent Court
as forfeited for Breach of the Laws for the Prevention of produced.
the Slave Trade, shall, upon registering such Ship or
Vessel, before he or they shall obtain such Certificate as
aforesaid, - produce to (1) the Collector and Comptroller
of His Majesty's Customs a Certificate of the Condem-
nation of such Ship or Vessel, under the Hand and Seal of
the Judge of the Court in which such Ship or Vessel shall
have been condemned (which Certificate such Judge is
hereby authorized and required to grant) (2), and also a
true and exact Account in Writing of all the Particulars
contained in the Certificate herein-before set forth, to be
made and subscribed by One or more skilful Person or Per-
sons (2), to be appointed by the Court, then and there (3)
to survey such Ship or Vessel, AND shall also make
Oath before the Collector and Comptroller, that such Ship
or Vessel is the same Vessel which is mentioned in the
Certificate of the Judge aforesaid.

Prize Vessels not to be registered at Guern

sey, Jersey, or

Man.

XXX. PROVIDED always, and be it further enacted, That no Ship or Vessel which shall be taken and condemned as Prize or Forfeiture as aforesaid, shall be registered in the Islands of Guernsey, Jersey, or the Isle of Man, although belonging to His Mcjesty's Subjects residing in those Islands, or in some one or other of them; but the same shall be registered either at Southampton, Where to be Weymouth, Exeter, Plymouth, Falmouth, Liverpool, or registered. Whitehaven, by the Collector and Comptroller at such Ports respectively (4), who are hereby authorized and required to register such Ship or Vessel, and to grant a Certificate thereof in the Form and under the Regulations and Restrictions in this Act contained.

(1) This Certificate of Condemnation is analogous to the Builder's Certificate, S. 25., and furnishes no legal Evidence of Property. The first registered Owners are only known by the Oath of those who attend to register the Ship. See 14.

(2) See Penalty for false Certificates, § 49.

(3) This Survey must be made by some Person at the Time and Place of Condemnation, with reference to the Jurisdiction of the Court, and its Possession of the Vessel.

(4) This applies only to the First Registry after Condemnation.

BILL OF SALE

XXXI. AND be it further enacted, That when and so often as the Property in any Ship or Vessel, or any Part thereof, belonging to any of His Majesty's Subjects, shall after Registry thereof be sold to any other or others of His Majesty's Subjects, the same shall be transferred by Bill of Sale (1), or other Instrument in Writing, containing a Recital of the Certificate of Registry of such Ship or Vessel, or the principal Contents thereof, otherwise such Transfer shall not be valid or effectual for any Purpose whatever, either in Law or in Equity: PROVIDED always, that no Bill of Sale shall be deemed void by reason of any Error in such Recital, or by the Recital of any former Certificate (2) of Registry instead of the existing Certificate, provided the Identity of the Ship or Vessel therein intended be effectually proved thereby.

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DIVISION IN SHARES.

XXXII. AND be it further enacted, That the Property in every Ship or Vessel, of which there are more than One Owner, shall be taken and considered to be divided in Sixty-four Parts or Shares, and the Proportion held by each Owner shall be described in the Registry as being a certain - Number of Sixty-fourth Parts or Shares ; AND that no Person shall be entitled to be registered as an Owner of any Ship or Vessel in respect of any Proportion of such Ship or Vessel, which shall not be an intregal Sixty-fourth (3) Part or Share of the same; AND upon the First Registry of any Ship or Vessel, the Owner or Owners who shall take and subscribe the Oath required by this Act, before Registry be made, shall also declare upon Oath (4) the

(1) See § 37., &c.

Number

Vessels may be registered de novo without the Knowledge of an absent Owner, and who may have no Copy of their Registry, except what is contained in the Bill of Sale to himself, but the Identity of the Vessel may be equally proved by it. See Form of Certificate, § 2.

(3) The Effect of Fractions must be that the whole Ship will not appear to be accounted for in the Registry; and as it will not be known in whom the unregistered Fractions may be, the Bills of Sale must be produced again upon the future Transfer of such Fractions.

(4) See Oath for Registry, § 14. Back of Certificate, § 2.

See Manner of setting forth Shares on