But Vessels under Fifteen Tons Burden admitted although not registered. Vessels under Thirty Tons for Newfoundland Fishery, &c. need not be registered. Honduras Ships to be as British by a Crew whereof Three Fourths at least are British Seamen; and if such Ship be employed in a Coasting Voyage from one Part of the United Kingdom to another, or in a Voyage between the United Kingdom and the Islands of Guernsey, Jersey, Alderney, Sark, or Man, or from one of the said Islands to another of them, or from one Part of either of them to another of the same, or be employed in fishing on the Coasts of the United Kingdom, or of any of the said Islands, then the whole of the Crew shall be British Seamen. XIV. Provided always, and be it enacted, That all British-built Boats or Vessels under Fifteen Tons Burden, wholly owned and navigated by British Subjects, although not registered as British Ships, shall be admitted to be British Vessels in all Navigation in the Rivers and upon the Coasts of the United Kingdom, or of the British Possessions abroad, and not proceeding over Sea, except within the Limits of the respective Colonial Governments within which the managing Owners of such Vessels respectively reside; and that all British-built Boats or Vessels wholly owned and navigated by British Subjects, not exceeding the Burden of Thirty Tons, and not having a whole or a fixed Deck, and being employed solely in fishing on the Banks and Shores of Newfoundland and of the Parts adjacent, or on the Banks and Shores of the Provinces of Canada, Nova Scotia, or New Brunswick, adjacent to the Gulf of Saint Lawrence, or on the North of Cape Canso, or of the Islands within the same, or in trading Coastwise within the said Limits, shall be admitted to be British Boats or Vessels, although not registered, so long as such Boats or Vessels shall be solely so employed. XV. Provided also, and be it enacted, That all Ships built in the British Settlements at Honduras, and owned and navigated as British Ships, shall be entitled to the Privileges of British regis tered Ships in all direct Trade between the United Kingdom or nies in America. the British Possessions in America and the said Settlements, in Trade with United Kingdom and Colo Ship of any Fo- to be of the and owned and provided the Master shall produce a Certificate under the Hand of the Superintendent of those Settlements that satisfactory Proof has been made before him that such Ship (describing the same) was built in the said Settlements, and is wholly owned by British Subjects: Provided also, that the Time of the Clearance of such Ship from the said Settlements for every Voyage shall be endorsed upon such Certificate by such Superintendent. XVI. And be it enacted, That no Ship shall be admitted to be a Ship of any particular Country, unless she be of the Build of such Country, or have been made Prize of War to such Country, or have been forfeited to such Country under any Law of the same made for the Prevention of the Slave Trade, and condemned as such Prize or Forfeiture by a competent Court of such Country, or be British-built (not having been a Prize of War from British Subjects to any other Foreign Country), nor unless she be navi gated by a Master who is a Subject of such Foreign Country, and by a Crew of whom Three Fourths at least are Subjects of such Country, nor unless she be wholly owned by Subjects of such Country usually residing therein, or under the Dominion thereof: Provided always, that the Country of every Ship shall be deemed to to include all Places which are under the same Dominion as the Place to which such Ship belongs. born or natura zens, or Sub XVII. And be it enacted, That no Person shall be qualified to Master and Seabe a Master of a British Ship or to be a British Seaman within the men not British, Meaning of this Act, except the natural-born Subjects of Her unless natural Majesty, or Persons naturalized by any Act of Parliament, or lized, or Denimade Denizens by Letters of Denization, or except Persons who have become British Subjects by virtue of Conquest or Cession of jects by Consome newly-acquired Country, and who shall have taken the Oath quest, &c. of Allegiance to Her Majesty, or the Oath of Fidelity required by the Treaty or Capitulation by which such newly-acquired Country came into Her Majesty's Possession, or Persons who shall have served on board any of Her Majesty's Ships of War in Time to constitute a of War for the Space of Three Years: Provided always, that the Natives of India Natives of Places within the Limits of the East India Company's not to be BriCharter, although under British Dominion, shall not, upon the tish Seamen. ground of being such Natives, be deemed to be British Seamen: Provided always, that every Ship (except Ships required to be One British wholly navigated by British Seamen) which shall be navigated by Seaman to One British Seaman if a British Ship, or One Seaman of the Twenty Tons Country of such Ship if a Foreign Ship, for every Twenty Tons of the Burden of such Ship, shall be deemed to be duly navigated, although the Number of other Seamen shall exceed One Fourth of the whole Crew: Provided also, that nothing herein contained shall extend to repeal or alter the Provisions of an Act passed in the Fourth Year of the Reign of His late Majesty King George the Fourth, for consolidating and amending the Laws then in force 4 G. 4. c. 80. with respect to Trade from and to Places within the Limits of s.21. the East India Company's Charter, nor the Provisions of an Act passed in the Session of Parliament holden in the Third and proper Crew. Fourth Years of Her present Majesty, intituled An Act further 3&4 Vict. c. 56. to regulate the Trade of Ships built and trading within the Limits of the East India Company's Charter. XVIII. Provided always, and be it enacted, That it shall be Foreigners lawful for Her Majesty, by Her Royal Proclamation during War, serving Two to declare that Foreigners having served Two Years on board Years in H.M.S. during War. any of Her Majesty's Ships of War in Time of such War shall be British Seamen within the Meaning of this Act. vigated, &c. XIX. And be it enacted, That no British registered Ship shall British Ship be suffered to depart any Port in the United Kingdom, or any not to depart British Possession in any Part of the World, (whether with a British Port Cargo or in Ballast,) unless duly navigated: Provided always, unless duly na. that any British Ships trading between Places in America may be navigated by British Negroes, and that Ships trading Eastward of the Cape of Good Hope, within the Limits of the East India Company's Charter, may be navigated by Lascars, or other Natives of Countries within those Limits. Seamen XX. And be it enacted, That if any British registered Ship Penalty for Exshall at any Time have as Part of the Crew in any Part of the cess of Foreign World any Foreign Seamen not allowed by Law, the Master or Owners of such Ship shall for every such Foreign Seaman forfeit the Sum of Ten Pounds: Provided always, that if a due Proportion of British Seamen cannot be procured in any Foreign Port, or in any Place within the Limits of the East India Company's Charter, 8 & 9 VICT. for Proportion of Seamen may be altered by Proclamation. Goods prohibited only by for the Navigation of any British Ship, or if such Proportion be destroyed during the Voyage by any unavoidable Circumstance, and the Master of such Ship shall produce a Certificate of such Facts under the Hand of any British Consul, or of Two known British Merchants if there be no Consul at the Place where such Facts can be ascertained, or from the British Governor of any Place within the Limits of the East India Company's Charter, or in the Want of such Certificate shall make Proof of the Truth of such Facts to the Satisfaction of the Collector and Comptroller of the Customs of any British Port, or of any Person authorized in any other Part of the World to inquire into the Navigation of such Ship, the same shall be deemed to be duly navigated. XXI. And be it enacted, That if Her Majesty shall at any Time by Her Royal Proclamation declare that the Proportion of British Seamen necessary to the due Navigation of British Ships shall be less than the Proportion required by this Act, every British Ship navigated with the Proportion of British Seamen required by such Proclamation shall be deemed to be duly navigated, so long as such Proclamation shall remain in force. XXII. Provided always, and be it enacted, That Goods of any Sort, or the Produce of any Place, not otherwise prohibited than Navigation Law by the Law of Navigation herein-before contained, may be imported may be import- into the United Kingdom from any Place in a British Ship, and ed for Export- from any Place, not being a British Possession, in a Foreign Ship of any Country, and however navigated, to be warehoused for Exportation only, under the Provisions of any Law in force for the Time being made for the warehousing of Goods without Payment of Duty upon the first Entry thereof. ation. Her Majesty may, by Order in Council, appoint Ports in the British Possessions abroad, wherein any Goods imported in any Vessel may be warehoused. Forfeitures, how incurred. Recovery of XXIII. And be it enacted, That it shall be lawful for Her Majesty from Time to Time, by any Order in Council, to declare that Goods of any Sort, or the Produce of any Place, not otherwise prohibited than by the Law of Navigation herein-before contained, may be imported into any Port or Ports of the British Possessions abroad, to be named in such Order, from any Place, in a British Ship, and from any Place not being a Part of the British Dominions in a Foreign Ship of any Country, and however navigated, to be warehoused for Exportation only, under the Provisions of any Law in force for the Time being, made for the warehousing of Goods without Payment of Duty upon the first Entry thereof; and from and after the Date of any such Order it shall be lawful so to import, for the Purpose of being warehoused for Exportation only, any such Goods into the Port or Ports named therein, according to the Provisions of the said Order, and until the Revocation thereof; and any such Order in Council may from Time to Time be altered or revoked by Her Majesty by any subsequent Order in Council. XXIV. And be it enacted, That if any Goods be imported, exported, or carried Coastwise, contrary to the Law of Navigation, all such Goods shall be forfeited, and the Master of the Ship in which the same are so imported, exported, or carried Coastwise shall forfeit the Sum of One hundred Pounds. XXV. And be it enacted, That all Penalties and Forfeitures incurred under this Act shall be sued for, prosecuted, recovered, and disposed of, or shall be mitigated or restored, in like Manner as any Penalty or Forfeiture can be sued for, prosecuted, recovered, and disposed of, or may be mitigated or restored, under an Act passed in the present Session of Parliament for the Prevention of Smuggling. XXVI. And be it enacted, That this Act may be amended or Alteration of repealed by any Act or Acts to be passed in this present Session Act. of Parliament. CA P. LXXXIX. W An Act for the registering of British Vessels. [4th August 1845.] HEREAS an Act was passed in the Session of Parliament held in the Third and Fourth Years of the Reign of King 'William the Fourth, intituled An Act for the registering of 3&4 W.4.c.55. 'British Vessels, whereby the Laws in relation to the Registra'tion of British Vessels were consolidated: And whereas since the passing of the said Act divers Parts of Acts for the further Amendment of the Law in that respect have been found necessary, and it will be of advantage to Trade and Commerce that the said Act and Parts of Acts should be consolidated into One Act: Be it therefore enacted by the Queen'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 Commenceafter the passing of this Act the same shall come into and continue ment of Act. in full Force for the Purposes therein mentioned, except where any other Commencement is herein particularly directed. II. And be it enacted, That no Ship or Vessel shall be entitled No Vessel to to any of the Privileges or Advantages of a British registered enjoy Privileges Ship, unless the Person or Persons claiming Property therein until registered. shall have caused the same to have been registered in virtue of the said Act, or of an Act passed in the Sixth Year of the Reign of His late Majesty King George the Fourth, intituled An Act for 6 G. 4. c. 110. registering British Vessels, or of an Act passed in the Fourth Year of His said late Majesty's Reign, intituled An Act for the regis- 4 G. 4. c. 41. tering of British Vessels, or until such Person or Persons shall have caused the same to be registered in manner herein-after mentioned, and shall have obtained a Certificate of such Registry from the Person or Persons authorized to make such Registry and grant such Certificate as herein-after directed; the Form of which Certificate shall be as follows; (videlicet,) 6 6 THIS is to certify, That in pursuance of an Act passed in the Form of CerSession of Parliament holden in the Eighth and Ninth tificate of Years of the Reign of Queen Victoria, intituled An Act [here Registry. insert the Title of this Act, the Names, Occupations, and Residence of the subscribing Owners], having made and sub scribed the Declaration required by the said Act, and having declared that [he or they], together with [Names, Occupations, and Residence 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 Name] of [Place to which the Vessel belongs], which is of the Burden of [Number of Tons], and whereof [Master's Name] is Master, and that the Z z 2 · said 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 inner Part of the Main Stem to the fore Part of the Stern-post aloft is [ • Feet • Feet • Feet Tenths], her Breadth in Midships is [ Tenths], her Depth in Hold at Midships is [ Tenths], that she is [how rigged] rigged, with a [standing or running] Bowsprit, is [Description of Stern] sterned, [Carvel or Clincher] built, has [whether any or not] 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 required 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]. (Signed) Collector. 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: Names of the several Owners within [Name] Number of Sixty-fourth Shares held by each Owner. Thirty-two. Persons to make In the United Isle of Man : In Guernsey, &c. : In Colonies in Asia, Africa, and America: Name Name Name (Signed) Eight. Eight. Comptroller. Collector. III. And be it enacted, 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,) The Collector and Comptroller of Her Majesty's Customs in any The principal Officers of Her Majesty's Customs in the Islands |