properly belong, (a) except so far as relates to such ships or vessels as shall be condemned as prizes in any

(a) Hence, it seems, that a register at another port, whether the ship have or not an intention of returning to her own port, will not be valid without the licence of the Commissioners of customs.

Under the old statutes, where the ownership of a vessel was changed, while such vessel was in her own port, or while at sea, and there was a manifest intention that she should return again to her own port, the 15th and 16th sections of 34 G. 3. c. 68. positively exacts an indorsement on the certificate of registry, for the purpose of completing a title to the ship. And, indeed, the Judges of the Court of King's Bench more than once delivered their opinions, that, where a ship, while at sea, was sold to a person who translated her immediately to another port, and there registered her de novo, according to the provisions of 7 & 8 W. 3., such purchase was incomplete without the indorsement and memorandum required by the sections above mentioned, it being considered, that a party, who acted thus, as it were, per saltum, had no interest in the ship. *

However, in the great case of Hubbard v. Johnstone †, five Judges against two ‡ held this registration de novo, where the ship was changed to a new port, sufficient. The ship Fishburn belonged to the port of Newcastle-upon-Tyne, and whilst at sea, was sold to the plaintiff in error, (who had been the defendant in three actions of this nature in the King's Bench, and had failed in all,) he registered the vessel in the port of London, and afterwards sold her by public auction. The ship never returned to her port at Newcastle. It was found, that no indorsement of transfer had been made on the certificate to the plaintiff in error, nor by him to any

* 4 East, 110. Heath v. Hubbard.

+ 3 Taunt. 177.

For reversing the judgment of the Court of King's Bench – Wood B., Graham B., Chambre J., Heath J., Macdonald C. B. For affirming the judgment - Thomson B., Mansfield C. J.

Commis

sioners of

of the islands of Guernsey, Jersey, or Man, which ships or vessels shall in future be registered in manner hereinafter directed; but that all and every registry and cer

other person. After two arguments, a judgment was given
for the defendant in error by the Court below; and the error
assigned was, that it appeared by the record, that Hubbard,
(the plaintiff in error,) had a good title to the ship, by the
assignment and registry de novo. The learned Judges who
were for reversing this judgment, and who composed a ma-
jority on the question then debated, thought, on principle,
that the identity of the ship had been sufficiently marked out
by the delivering up and cancelling the former certificate,
that the history of the ship wanted no link, for, if a person
enquired at Newcastle, he would be referred to London;
that she might thus be traced from port to port from her
birth, with sufficient certainty to prevent foreigners from
having the benefit of her navigation. And on the construc-
tion of the statutes, they held, that being read and contem-
plated together, they could only have reference to ships
which returned to the same port from whence they came, or
which, being absent from such port, were intended by their
owners, before sale, to return thither, and that the acts in
question had respect only to such cases, in which all the re-
quisitions of the register acts could be complied with, which
would often be rationally impossible; for if a ship were re-
gistered in the East or West Indies, and sold in Great Britain,
it would not be contended, that she should go back to the
East or West Indies to have an indorsement made on her cer-
tificate, a copy of such indorsement delivered, and should
bring back her certificate to Great Britain to be registered
de novo.
Mansfield C. J., said, "the unfathomable intention
of the purchaser to transfer her to another port, cannot, I
think, be material. I think the purchaser of a ship may
carry her to another port, and register her there; but then
he must first deliver a copy of the bill of sale." It is said,
the history of the ship may be traced without a copy of the

registry at

other ports.

Book of

registers to

be kept.

tificate, granted in any port or place to which any such customs ship or vessel does not properly belong, shall be utterly may permit null and void to all intents and 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 authorized and empowered to issue in manner aforesaid, 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 comptroller, in which all the particulars contained in the form of the certificate of the registry herein before 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 comptroller 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.

By s. 12. 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 take and subscribe the oath re

quired by this act before registry be made, shall reside (a), and whenever such owner or owners shall have

bill of sale being sent; some of its history may be traced, but a sale may be suppressed. *

(a) By 26 G.3. it was considered to be the port from which she usually traded.

*3 Taunt. 224. See also 6 East, 144. Moss v. Mills.

Ports to

which ves

sels shall be

deemed to

belong.

owners to

require registry de

novo.

de novo

cannot be

made, ship

may go one

indorsed on

Change of transferred all his or their share or shares in such ship subscribing or vessel, the same shall be registered de novo 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 If registry 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 voyage with registry may be made before it shall be necessary for permission such ship or vessel to sail or depart upon another certificate voyage, it shall be lawful for the collector and compof registry. troller 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 Ships built or vessel is then about to sail or depart: provided also, in foreign that if any ship or vessel shall be built in any of the for owners colonies, plantations, islands, or territories in Asia, Africa, or America, to His Majesty belonging, for owners residing in the United Kingdom, it shall be lawful for such ship or vessel to proceed to any part of the United Kingdom, whether by a direct or circuitous voyage, and there to import a cargo, before registry shall have been made of such ship or vessel; provided the master of such ship or vessel, or the agent for the owner or owners thereof, shall have produced to the collector and comptroller of the port at or near to which such ship or vessel was built, or from which she shall be cleared for her voyage as aforesaid, the certificate of the builder required by this act, and shall have made oath before such collector and comptroller, of the names and descriptions of the principal owners of such ship or vessel,

possessions,

resident in

United
Kingdom

may pro-
ceed on

their voyage, on receiving certificate from the collector, &c.

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; whereupon the collector and comptroller 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 the voyage for which such ship or vessel is cleared by them; and such certificate shall, for such voyage, have all the force and virtue of a certificate of registry under this act; and such collector and comptroller shall transmit a copy of such certificate to the commissioners of His Majesty's customs.

Oath to be subscribing

taken by

previous to

By s. 14., no registry shall henceforth be made, or certificate granted, until the following oath be taken and subscribed before the person or persons herein-before owners authorized to make such registry and grant such certi- registry. ficate respectively, (which they are hereby respectively empowered to administer,) by the owner of such ship or vessel, if such ship or vessel 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 register 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 Proportion number of such owners or proprietors shall exceed two, then by the greater part of the number of such owners subscribe

Y

of owners who shall