No. XVII. " letters patent or by an Act of Parliament passed since the first day of "January one thousand seven hundred and eighty-six [naming the times 26 Geo. III. “when such letters of denization have been granted respectively, or the year c. 60. or years in which such Act or Acts of naturalization have passed respec"tively], and that no foreigner directly or indirectly hath any share or part or interest in the said ship or vessel."

Addition to be made to the

Oath when the requisite Number of Members do not attend.

Persons giving false Descriptions, or making false Re

gistries, &c. of Ships, forfeit

100%.

Tenor of In

dorsements on Certificates of Registry, &c.

،،

XI. And be it further enacted by the authority aforesaid, That in case the number of joint owners or proprietors of any ship or vessel shall amount to three or more, and three of such joint owners or proprietors shall not personally attend to take and subscribe the oath herein-before directed to be taken and subscribed, then and in such case such owner or owners proprietor or proprietors as shall personally attend and take and subscribe the oath aforesaid shall further make oath 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 their knowledge or belief wilfully absented himself or themselves in order to avoid the taking the oath herein-before directed to be taken and subscribed, or is or are prevented by illness from attending to take and subscribe the said oath.

XII. [Ships to be examined, &c. before certificates are granted, &c.] XIII. And be it also enacted by the authority aforesaid, That if such person or persons so appointed to examine and admeasure such ships or vessels as aforesaid, shall wilfully deliver to any person or persons authorised to make registry and grant certificates of registry as aforesaid a false description of any of the particulars hereby required to be contained in such certificate; or if any person or persons herein-before authorised to make such registry and grant such certificates of registry shall knowingly make any false register or grant any false certificate in regard to any of the particulars required by this present Act, he or they on being convicted thereof by due course of law in any of his Majesty's courts of record at Westminster, in the Court of Justiciary or the Court of Exchequer in Scotland, or in any court of record in the said colonies plantations islands or territories, or in the Royal Court in Guernsey Jersey or in the Superior Court of Justice in the Isle of Man, as the case may be, shall respectively forfeit the sum of one hundred pounds, and be for ever incapable of holding or enjoying any office or employment under his Majesty.

XIV. [Method of ascertaining the tonnage when vessels are afloat.] XV. [Bond to be given not to lend certificates, and to return them in cases herein specified. Mediterranean passes to be delivered up with certificates.]

XVI. And whereas the provisions made in and by the said recited Act touching the indorsement on certificates of registry, in case of any alteration of the property in any ship or vessel, in the same port to which the ship or vessel belongs, have been found insufficient; Be it therefore enacted by the authority aforesaid, That in every such case, besides the indorsement required by the said recited Act, there shall also be indorsed on the certificate (2.) of such registry before two witnesses, the town place or parish where all and every person or persons to whom the property in any ship or vessel or any part thereof shall be so transferred shall reside; or if such person or persons usually reside in any country not under the dominion of his Majesty his heirs and successors, but in some British factory, the name of such factory of which such person or persons is or are member or members; or if such person or persons reside in any foreign town or city and are not members of some British factory, the name of such foreign town or city where such person

(2) This must be on a subsisting Certificate. A Certificate was granted to the Owner, which upon sale to B. was given up and cancelled, and a new Certificate granted, but no Indorsement was made until three years afterwards, and after B. had become Bankrupt, when it was made

upon the cancelled Certificate, and dated of the time of the transfer. Ruled, that this gave no title to the Assignees of B. to recover against the Defendant, to whom a subsequent transfer had been made, not accompanied by the proper requisites.-Moss v. Mills, 6 E. 114.

c. 60.

or persons usually reside, and also the names of the house or copartner- No. XVII. ship in Great Britain or Ireland, for or with whom such person or persons 26 Geo. III. is or are agent or partner or agents or partners; and the person or persons to whom the property of such ship or vessel shall be so transferred or his or their agent shall also deliver a copy of such indorsement to the person or persons authorised to make registry and grant certificates of registry as aforesaid, who are hereby required to cause an entry thereof to be indorsed on the oath or affidavit upon which the original certificate of registry of such ship or vessel was obtained; and shall also 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 in England or Scotland, under whom they respectively act.

XVII. And be it further enacted by the authority aforesaid, That when Certificate to and so often as the property in any ship or vessel belonging to any of be recited in all his Majesty's subjects shall be transferred to any other or others of his Transfers of Majesty's subjects in whole or in part, the certificate of the registry (3.) Property. of such ship or vessel shall be truly and accurately recited in words at length in the bill or other instrument of sale thereof, and that otherwise such bill of sale shall be utterly null and void to all intents and purposes (4).

dorsed on Certificates of Re

XVIII. And be it further enacted by the authority aforesaid, That Changes of when and so often as the master or other person having or taking the Masters of Vescharge or command of any ship or vessel registered in manner herein- sels to be inbefore directed shall be changed, the master or owner of such ship or vessel shall deliver to the person or persons herein-before authorised to make such registry and grant such certificates of registry at the port gistry, &c. 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 in England and Scotland respectively.

XIX. And whereas many frauds are committed by the frequent No Change to change of names given to ships and vessels, and the difficulty of com- be made in paring the entry in the book of registers, herein-after directed to be Ships' Names, kept by all such person or persons as are authorised to register ships which, and their and vessels, and to grant certificates of the same, with the registers of Ports, must be which they claim the benefit, is thereby greatly increased;' Be it there- painted conspifore enacted by the authority aforesaid, That it shall not be lawful for cuously on the Vessels. any owner or owners of any ship or vessel to give any name to such ship or vessel other than that by which she was first registered in pursuance of this Act; and that the owner or owners of all and every ship or vessel which shall be so registered shall within one month from the time of such registry paint or cause to be painted in white or yellow letters of a length not less than four inches upon a black ground on some conspicuous part of the stern (provided there shall be sufficient space for that purpose, but if not then in letters as large as such space will admit) the name by which such ship or vessel shall have been registered pursuant to this Act, and the port to which she belongs in a distinct and legible manner, and shall so keep and preserve the same; and that if 1001. Penalty, such owner or owners or master or other person having or taking the on altering, &c. charge or command of such ship or vessel shall wilfully alter erase ob- Names. literate or in anywise hide or conceal or cause or procure or permit the same to be done, unless in the case of square-rigged vessels in time of

(3.) Ruled, Capadose v. Codnor, 2 B. & P. 483. that a recital of the Indorsement of the Certificate was not necessary under the Clause, but it is now required by 34 Geo. III. c. 68. §. 15.

(4.) As to the general operation of the Register Acts, with respect to the transfer of Ships, see Note to 34 Geo. III. c. 68. (post) §. 14.

No. XVII. war, or shall in any written or printed paper or other document describe 26 Geo. III. such ship or vessel by any name other than that by which she was first

c. 60.

Certificates of Registry to be produced at every Port, on Penalty of 100%.

Suits com

menced in the

registered pursuant to this Act, or shall verbally describe or cause or procure or permit such ship or vessel to be described by any other name, to any officer or officers of his Majesty's revenue, in the due execution of his or their duty, then and in every such case such owner or owners master or other person having or taking the charge or command of such ship or vessel shall forfeit the sum of one hundred pounds.

XX. [Persons applying for certificates in Great Britain, &c. to produce a particular account of the ships from the builders, and make oath to their identity.]

XXI. [Persons making application in the colonies, after Jan. 1, 1787, to conform to the particulars in the last clause.]

XXII. [If certificates be lost new ones to be granted, according to Act 15 Geo. II. c. 31.]

XXIII. [Security to be given on the receiving fresh certificates and oath made as herein-before directed, instead of the oath 15 Geo. II. c. 31.] XXIV. [Ships if altered must be registered anew, or to be deemed foreign.]

XXV. [The condemnation of prizes and the particulars of the vessels, &c. must be produced, to entitle to a certificate of registry.]

XXVI. [Prizes condemned in Guernsey, &c. to be registered at Southampton, &c.

XXVII. The sum on oath, for which a prize sold in the colonies, to be subjoined to the certificate.]

XXVIII. [Certificate to express in what part the ship was built.] XXIX. [Ships already registered to exchange their certificates for new ones, and others now required to be registered to apply for certificates, &c.]

XXX. [Times allowed for obtaining such certificates.]

XXXI. [Certificates may be granted, where from unavoidable necessity application could not be made in time limited.]

XXXII. [Ships leaving port without certificates to be forfeited.]

XXXIII. If ships be found without the port to which they belong without certificates, bond must be given that they shall be procured: if square-rigged vessels cannot enter the ports to which they belong, certificates may be obtained upon their being surveyed, &c. at the port where they touch.]

XXXIV. And be it further enacted by the authority aforesaid, That after the expiration of the notice herein-before required the master or other person having or taking the charge or command of every ship or vessel which shall have been registered, and shall have procured a certificate of the registry according to the directions of this Act, shall upon demand produce such certificate of registry to the principal officer or officers of every port in his Majesty's dominious, or to the British consul or chief British officer in any foreign port to which such ship or vessel shall arrive, for the inspection of such officer or officers British consul or chief British officer, in order to satisfy him or them that she has been properly registered, under the penalty of one hundred pounds.

XXXV. [Certificates, &c. to be numbered, and an account of them to be transmitted to the commissioners of customs. Penalty for neglect.] XXXVI. [Copies of certificates granted in Scotland to be annually transmitted to the custom-house in England.]

XXXVII. [Sums to be paid on first registry of ships built prior to May 1, 1786, in lieu of stamp-duties, &c. Stamp duties to continue to be paid on transfers of property.]

XXXVIII. [Privy Council may order ships to be registered to whom they have been granted or promised in consideration of their services, though not otherwise entitled thereto, &c.]

XXXIX. And be it further enacted, by the authority aforesaid, That it shall and may be lawful for any governor lieutenant-governor or comColonies touch- mander in chief of any of his Majesty's colonies plantations islands or ing Registers granted, such Ships may be stopt till his Majesty's pleasure be known.

26 Geo. III.

c. 60.

territories, and they are hereby respectively authorised and required in No. XVII. any of the cases aforesaid, if any suit information libel or other prosecution or proceeding of any nature or kind whatever shall have been commenced or shall hereafter be commenced in any court whatever in any of the said colonies plantations islands or territories respectively, touching the force and effect of any register granted to any ship or vessel in any of the circumstances aforesaid, upon a representation made to any such governor lieutenant-governor or commander in chief, to cause all proceedings thereon to be staid if he shall see just cause so to do, until his Majesty's pleasure be known and certified to him by his Majesty, by and with the advice of his Privy Council; and such governor lieutenantgovernor or commander in chief is hereby required to transmit to one of his Majesty's principal secretaries of state, to be laid before his Majesty in council, an authenticated copy of the proceedings in every such case, together with his reasons for causing the same to be staid, and such documents (properly verified) as he may judge necessary for the information of his Majesty.

XL. And be it further enacted by the authority aforesaid, That if any Penalty on person or persons authorised and required by this Act, in respect of his Neglect of or their office or offices, to perform any act or thing directed and re- Duty. quired to be done or performed pursuant to any of the provisions of this Act, shall wilfully neglect or refuse to do or perform the same, according to the true intent and meaning of this Act, every such person or persons so neglecting or refusing shall on being duly convicted thereof forfeit the sum of five hundred pounds, and for the second offence shall forfeit in like manner the sum of five hundred pounds, and shall from thenceforth be rendered incapable of serving his Majesty in any office or employment relative to the revenue, or in any civil capacity whatever.

XLI. And be it further enacted by the authority aforesaid, That if any Persons makperson or persons shall falsely make oath to any of the matters herein- ing false Oaths before required to be so verified, such person or persons shall suffer the guilty of corlike pains and penalties as are incurred by persons committing wilful and rupt Perjury; corrupt perjury; and that if any person or persons shall counterfeit erase and falsifying alter or falsify any certificate required or directed to be obtained by this Act, or shall knowingly or wilfully make use of any certificate so counterfeited erased altered or falsified, such person or persons shall for every such offence forfeit the sum of five hundred pounds.

or using false

Certificates to forfeit 5007.

XLII. And be it further enacted by the authority aforesaid, That all How Penalties the penalties and forfeitures inflicted and incurred by this Act shall and are to be recomay be sued for prosecuted and recovered in such courts and be disposed vered, and of in such manner and by such ways means and methods as any penal- what is the ties or forfeitures inflicted or which may be incurred for any offence Officers share. committed against the laws of customs may now legally be sued for prosecuted recovered and disposed of; and that the officer or officers concerned in seizures or prosecutions under this Act shall be entitled to and receive the same share of the produce arising from such seizures as in the case of seizure for unlawful importation, and to such share of the produce arising from any pecuniary fine or penalty for any offence against this Act, as any officer or officers is or are now by any law or regulation entitled to upon prosecutions for pecuniary penalties.

XLIII. And it is hereby declared and enacted by the authority afore- All Acts relasaid, That all and every matter contained in the said herein-before recited tive to Trade to Acts.or in any Act or Acts of Parliament heretofore passed, touching the remain in force, trade shipping and navigation of Great Britain and the colonies planta- except such tions islands and territories aforesaid thereunto belonging, which is not Parts as are hereby expressly altered or repealed, shall remain and continue in full hereby repealforce and effect to all intents and purposes whatever; and so far as the same relate to the registry of ships and vessels shall be deemed and taken to extend and apply in every respect to all ships and vessels authorised and required by this Act to be registered and to have certificates of registry.

ed.

XLIV. And be it enacted by the authority aforesaid, That the ships and Ships of Ireland lawfully qualified and registered there, to enjoy the Privileges of British-built Ships, &c. VOL. II.

H

No. XVII. vessels belonging to his Majesty's subjects residing in the kingdom of Ireland, being duly qualified and registered according to the laws now in force, 26 Geo. III. -shall continue to enjoy all the privileges and advantages to which such c. 60. ships and vessels were by law entitled before the passing of this Act, until the end of four calendar months from the commencement of the first session of the Parliament of Ireland which shall hereafter sit during the space of four calendar months without prorogation or dissolution; and that from the end of that time every ship or vessel which shall by virtue of the authority of any Act that may be passed in the said Parlia ment of Ireland be qualified and registered in any of the ports of the said kingdom of Ireland, under similar regulations and restrictions to those herein-before contained, shall continue to enjoy to all intents and purposes whatsoever all the privileges and advantages of a British-built ship or foreign-built ship owned by his Majesty's subjects, as the case may be, according to the provisions of this Act.

26 Geo. III. c. 86.

Preamble.

Act 7 Geo. 2. c. 15. recited.

"

[ No. XVII.a. ] 26 George III. c. 86.-An Act to explain and amend an Act, made in the Seventh Year of his late Majesty's Reign, intituled, An Act to settle how far Owners of Ships shall be answerable for the Acts of the Masters or Mariners; and for giving a further Relief to the Owners of Ships.

WHEREAS by an Act made in the seventh year of the reign of his late Majesty King GEORGE the Second, intituled An Act to settle how far Owners of Ships shall be answerable for the Acts of the Masters or Mariners, it is amongst other things enacted, That no owner or owners ' of any ship or vessel should be liable to answer for or make good to any person or persons any loss or damage by reason of any embezzlement, secreting or making away with (by the master or mariners or any of them) of any gold silver diamonds jewels precious stones or other goods or merchandize which should be shipped on board any ship or vessel, or for any act matter or thing damage or forfeiture done occasioned or incurred by the said master or mariners or any of them without the privity and knowledge of such owner or owners, further than the value of the ship or vessel with all her appurtenances and the full amount of the freight due or to grow due for and during the voyage wherein such embezzlement secreting or making away with or other malver'sation of the master or mariners should be made committed or done: And whereas all masters and captains and owners of ships or vessels are by law respectively subject or liable to answer for or make good to any person or persons the full value and amount of any goods or merchandize by such person or persons shipped or put on board any ship or vessel notwithstanding such goods or merchandize be lost by robbery fire or other accident (other than by the King's enemies the perils ' of the seas or the act of God) or unless the master or some of the ship's 'company are privy to such robbery, in which case alone the responsibility of the owners is by the said Act limited to the value of the ship and 'full amount of the freight: And whereas it is of the utmost consequence and importance to the general welfare of this kingdom to promote the increase of the number of ships and vessels, and to prevent any discouragement to merchants and others from being interested and con'cerned therein, which is likely to happen from the responsibility to which they are now exposed notwithstanding the salutary intention of the said Act' May it therefore please your Majesty that it may be cnacted; and be it enacted by the King's most excellent Majesty, by and with the consent of the Lords Spiritual and Temporal and Commons in the present Parliament assembled, and by the authority of the same, Ships not liable That no person or persons who is are or shall be owner or owners of any for any Loss of Goods shipped without their Privity, further than the Value of the Vessel and the Freight, after Sept. 1, 1786;

Owners of