Page images
PDF
EPUB

6. The Regis try Act, &c.

3 & 4 Wil. 4, c. 55. Commissioners of customs may permit registry at other ports.

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 hereinafter directed; but that all and every registry and certificate made and granted in any port or place to which any such ship or vessel does not properly belong shall be utterly null and void to all intents aud purposes, 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 authoBook of registers rized and empowered to issue if they shall see fit; and at every port where registry shall be made in pursuance of this act a book shall be kept by the collector and controller, in which all the particulars contained in the form of the certificate of the registry hereinbefore 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 furthest, 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."

to be kept, and

accounts to be

transmitted to commissioners.

Port to which

vessels shall be

deemed to

belong.

Change of sub

scribing owners to
require registry
de novo.

If registry de

novo cannot be made, ship may go one voyage with permission

indorsed on certi

ficate of registry.

Ships built in foreign posses

Sect. 11. "Every ship or vessel shall be deemed to belong to some port at or near to which some or one of the owners, who shall make and subscribe the declaration required by this act before registry be made, 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 nove before such ship or vessel shall sail or depart from the port to which she shall then belong, or from any other port which shall be in the same part of the United Kingdom, or the same colony, plantation, island, or territory as the said port shall be in: provided always, that if the owner or owners of such ship or vessel cannot in sufficient time comply with the requisites of this act, so that registry may be made before it shall be necessary for such ship or vessel to sail or depart upon another voyage, it shall be lawful for the collector and controller of the port where such ship or vessel may then be to certify upon the back of the existing certificate of registry of such ship or vessel, that the same is to remain in force for the voyage upon which the said ship or vessel is then about to sail or depart: provided also, that if any ship or vessel shall be built in any of the colonies, plantations, islands, or sions, for owners territories in Asia, Africa, or America, to his majesty 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 tor, &c. to trade built, the certificate of the builder required by this act, and shall have made and subscribed a declaration before such collector and controller of the names and descriptions of the principal owners of such ship or vessel, and that she is the identical ship or vessel mentioned in such certificate of the builder, and that no foreigner, to the best of his knowledge and belief, has any interest therein; the collector and controller of such port shall cause such ship or vessel to be surveyed and measured in like manner as is directed for the 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 controller shall transmit a copy of such certificate to the commissioners of his majesty's customs."

resident in United Kingdom, may have a certificate from the collec

for two years or until arrival in United Kingdom.

Persons residing

in foreign countries may not be owners, unless

Sect. 12. "No person who has taken the oath of allegiance to any foreign state, except under the terms of some capitulation, unless he shall afterwards become a denizen or naturalized subject of the United Kingdom, by his majesty's letters patent or by act of parliament, nor any person usually

try Act, &c.

3 & 4 Wil. 4, c. 55.

tish factories, or

agents for or

residing in any country not under the dominion of his majesty, his heirs and 6. The Regissuccessors, unless he be a member of some British factory, or agent for or partner in any house or copartnership actually carrying on trade in Great Britain or Ireland, shall be entitled to be the owner, in whole or in part, directly or indirectly, of any ship or vessel required and authorized to be members of Briregistered by virtue of this act; save and except that it shall be lawful for any person who was a member of the company of merchants trading to the partners in BriLevant seas at the time of its dissolution, and who was a resident at any of tish houses, or the factories of the said company, to continue to hold any share or shares in member of merany British-registered 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."

chants trading to Levant seas.

previous to re

Sect. 13. “No registry shall henceforth be made or certificate granted Declaration to until the following declaration be made and subscribed, before the person or be made by subpersons hereinbefore authorized to make such registry and grant such certi- scribing owners ficate respectively, by the owner of such ship or vessel if such ship or vessel gistry. is owned by or belongs to one person only, or in 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 Proportion of shall exceed two, then by the greater part of the number of such owners or owners who shall proprietors if the greater number of them shall be resident within twenty subcribe and take 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 distance:

the declaration.

I, A. B., of [place of residence and occupation] do truly declare, that the Form of declaraship or vessel [name] of [port or place], whereof [master's name] is at present tion. master, being [kind of built, burthen, &c., 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 owner's 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 1, the said A. B. [and the said other owners, if any] am [or are] truly and boná 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 subjects, 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.'

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,)

[blocks in formation]

6. The Registry Act, &c.

I, A. 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, &c., as described in the 3 & 4 Wil. 4, c. 55. 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].””

Addition to decla

ration in case the required number of owners do not attend.

Vessels to be

to registry.

Sect. 14. 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 hereinbefore directed to be made and subscribed, 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 bath or have not, to the best of his or their knowledge or belief, wilfully absented himself or themselves in order to avoid the making the declaration hereinbefore directed to be made and subscribed, or is or are prevented by illness from attending to make and subscribe the said declaration."

Sect. 15. "And in order to enable the collector and controller of his surveyed previous majesty's customs to grant a certificate truly and accurately describing every ship or vessel to be registered in pursuance of this act, and also to enable all other officers of his majesty's customs, on due examination, to discover whether any such ship or vessel is the same with that for which a certificate is alleged to have been granted; be it enacted, that previous to the registering or granting of any certificate of registry as aforesaid some one or more person or persons appointed by the commissioners of his majesty's customs (taking to his or their assistance, if he or they shall judge it necessary, one or more person or persons skilled in the building and admeasurement of ships,) shall go on board of every such ship or vessel as is to be registered, and shall strictly and accurately examine and admeasure every such ship or vessel as to all and every particular contained in the form of the certificate hereinbefore directed, in the presence of the master, or of any other person who shall be appointed for that purpose on the part of the owner or Certificate of sur- owners, or in his or their absence by the said master; and shall deliver a vey to be given; true and just account in writing of all such particulars of the built, description, and admeasurement of every such ship or vessel as are specified in the form of the certificate above recited to the collector and controller authorized as aforesaid to make such registry and grant such certificate of Owner or master registry; and the said master or other person attending on the part of the owner or owners is hereby required to sign his name also to the certificate of such surveying or examining officer, in testimony of the truth thereof, provided such master or other person shall consent and agree to the several particulars set forth and described therein."

concurring

therein.

Mode of admea

surement to ascertain tonnage.

Mode of ascer

taining tonnage

Sect. 16. "For the purpose of ascertaining the tonnage of ships or vessels the rule for admeasurement shall be as follows; (that is to say,) the length shall be taken on a straight line along the rabbet of the keel, from the back of the main stern-post to a perpendicular line from the fore part of the main stem under the bowsprit, from which subtracting three fifths of the breadth, the remainder shall be esteemed the just length of the keel to find the tonnage; and the breadth shall be taken from the outside of the outside plank in the broadest part of the ship, whether that shall be above or below the main wales, exclusive of all manner of doubling planks that may be wrought upon the sides of the ship; then multiplying the length of the keel by the breadth so taken, and that product by half the breadth, and dividing the whole by ninety-four, the quotient shall be deemed the true contents of the tonnage."

Sect. 17. "And whereas it would in some cases endanger ships or vessels to cause them to be laid on shore; be it therefore enacted, that in cases when vessels are where it may be necessary to ascertain the tonnage of any ship or vessel when afloat, according to the foregoing rule, the following method shall be observed; (that is to say,) drop a plumb line over the stern of the ship, and

afloat.

measure the distance between such line and the after part of the stern-post 6. The Regisat the load watermark, then measure from the top of the plumb line, in a try Act, &c. parallel direction with the water, to a perpendicular point immediately over the load watermark at the forepart of the main stem, subtracting from such 3 & 4 Wil. 4, c. 55. measurement the above distance, the remainder will be the ship's extreme, from which is to be deducted three inches for every foot of the load draught of water for the rake abaft, also three fifths of the ship's breadth for the rake forward, the remainder shall be esteemed the just length of the keel to find the tonnage; and the breadth shall be taken from outside to outside of the plank in the broadest part of the ship, whether that shall be above or below the main wales, exclusive of all manner of sheathing or doubling that may be wrought on the side of the ship; then multiplying the length of the keel for tonnage by the breadth so taken, and that product by half the breadth, and dividing by ninety-four, the quotient shall be deemed the true contents of the tonnage."

Sect. 18. Provided "that in each of the several rules hereinbefore pre- Engine room in scribed, when used for the purpose of ascertaining the tonnage of any ship steam vessels to or vessel propelled by steam, the length of the engine room shall be be deducted. deducted from the whole length of such ship or vessel, and the remainder shall, for such purpose, be deemed the whole length of the same."

deemed the ton

Sect. 19. "Whenever the tonnage of any ship or vessel shall have been Tonnage when ascertained according to the rule herein prescribed (except in the case of so ascertained to ships or vessels which have been admeasured afloat), such account of ton- be ever after nage shall ever after be deemed the tonnage of such ship or vessel, and shall be repeated in every subsequent registry of such ship or vessel, unless it shall happen that any alteration has been made in the form and burthen of such ship or vessel, or it shall be discovered that the tonnage of such ship or vessel had been erroneously taken and computed."

nage.

Sect. 20. At the time of the obtaining of the certificate of registry as Bond to be given aforesaid, sufficient security by bond shall be given to his majesty, his heirs at the time of and successors, by the master and such of the owners as shall personally registry. attend, as is hereinbefore required, such security to be approved of and taken by the person or persons hereinbefore authorized to make such registry and grant such certificate of registry at the port or place in which such certificate shall be granted, in the penalties following; (that is to say,) if such ship or vessel shall be a decked vessel, or be above the burthen of fifteen tons and not exceeding fifty tons, then in the penalty of one hundred pounds; if exceeding the burthen of fifty tons and not exceeding one hundred tons, then in the penalty of three hundred pounds; if exceeding the burthen of one hundred tons and not exceeding two hundred tons, then in the penalty of five hundred pounds; if exceeding the burthen of two hundred tons and not exceeding three hundred tons, then in the penalty of eight hundred pounds; and if exceeding the burthen of three hundred tons, then in the penalty of one thousand pounds; and the condition of every such bond shall Conditions that be, that such certificate shall not be sold, lent, or otherwise disposed of to the certificate any person or persons whatever, and that the same shall be solely made use of for the service of the ship or vessel for which it is granted; and that in made use of for case such ship or vessel shall be lost or taken by the enemy, burnt or broken vessel, or given up up, or otherwise prevented from returning to the port to which she belongs, to be cancelled in or shall on any account have lost and forfeited the privileges of a British ship, certain cases. or shall have been seized and legally condemned for illicit trading, or shall have been taken in execution for debt and sold by due process of law, or shall have been sold to the crown, or shall under any circumstances have been registered de novo, the certificate, if preserved, shall be delivered up, within one month after the arrival of the master in any port or place in his majesty's dominions, to the collector and controller of some port in Great Britain or of the Isle of Man, or of the British plantations, or to the governor, lieutenant governor, or commander in chief for the time being of the islands of Guernsey or Jersey; and that if any foreigner, or any person or persons for the use and benefit of any foreigner, shall purchase or otherwise become

shall be solely

the service of the

6. The Regis try Act, &c.

3 & 4 Wil. 4, c. 55.

If ship at the

time of registry

be at any other

port than that of

registry, the master may there give bond.

When master is changed new master to give

similar bond, and

his name to be

indorsed on cer

tificate of regis

try.

Bonds liable to same duties of stamps as bonds for customs.

Certificate of registry to be

given up by all

entitled to the whole or to any part or share of or any interest in such ship
or vessel, and the same shall be within the limits of any port of Great
Britain, or of the islands of Guernsey, Jersey, or Man, or of the British
colonies, plantations, islands, or territories aforesaid, then and in such case
the certificate of registry shall, within seven days after such purchase or
transfer of property in such ship or vessel, be delivered up to the person or
persons hereinbefore authorized to make registry and grant certificate of
registry at such port or place respectively as aforesaid; and if such ship or
vessel shall be in any foreign port when such purchase or transfer of property
shall take place, then that the certificate shall be delivered up to the British
consul or other chief British officer resident at or nearest to such foreign
port; or if such ship or vessel shall be at sea when such purchase or transfer
of property shall take place, then that the certificate shall be delivered up
to the British consul or other chief British officer at the foreign port or place
in or at which the master or other person having or taking the charge or
command of such ship or vessel shall first arrive after such purchase or
transfer of property at sea, immediately after his arrival at such foreign port;
but if such master or other person who had the command thereof at the
time of such purchase or transfer of property at sea shall not arrive at a
foreign port, but shall arrive at some port of Great Britain, or of the islands
of Guernsey, Jersey, or Man, or of his majesty's said colonies, plantations,
islands, or territories, then that the certificate shall be delivered up, in man-
ner aforesaid, within fourteen days after the arrival of such ship or vessel,
or of the person who had the command thereof, in any port of Great Britain,
or of the islands of Guernsey, Jersey, or Man, or of any of his majesty's said
colonies, plantations, islands, or territories: provided always, that if it shall
happen that at the time of registry of any ship or vessel the same shall be
at any other port than the port to which she belongs, so that the master of
such ship or vessel cannot attend at the port of registry to join with the
owner or owners in such bond as aforesaid, it shall be lawful for him to give
a separate bond to the like effect, at the port where such ship or vessel may
then be, and the collector and controller of such other port shall transmit
such bond to the collector and controller of the port where such ship or
vessel is to be registered, and such bond, and the bond also given by the
owner or owners, shall together be of the same effect against the master and
owner or owners, or either of them, as if they had bound themselves jointly
and severally in one bond."

Sect. 21. "When and so often as the master or other person having or taking the charge or command of any ship or vessel registered in manner hereinbefore directed shall be changed, the master or owner of such ship or vessel shall deliver to the person or persons hereinbefore authorized to make such registry and grant such certificates of registry at the port where such change shall take place the certificate of registry belonging to such ship or vessel, who shall thereupon indorse and subscribe a memorandum of such change, and shall forthwith give notice of the same to the proper officer of the port or place where such ship or vessel was last registered pursuant to this act, who shall likewise make a memorandum of the same in the book of registers which is hereby directed and required to be kept, and shall forthwith give notice thereof to the commissioners of his majesty's customs: provided always, that before the name of such new master shall be indorsed on the certificate of registry he shall be required to give and shall give a bond in the like penalties and under the same conditions as are contained in the bond hereinbefore required to be given at the time of registry of any ship or vessel.” Sect. 22. "All bonds required by this act shall be liable to the same duties of stamps as bonds given for or in respect of the duties of customs are or shall be liable to under any act for the time being in force for granting duties of stamps."

Sect. 23. "If any person whatever shall at any time have possession of and wilfully detain any certificate of registry granted under this or any other act, which ought to be delivered up to be cancelled according to any of the

« PreviousContinue »