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shall be deemed to be a ship lost or broken up, and shall never again be entitled to the privileges of a British-built ship for any purposes of trade or navigation. §9.

British ships captured.-No British ship or vessel which has been or shall hereafter be captured by and become prize to an enemy or sold to foreigners, shall again be entitled to the privileges of a British ship: Provided that nothing contained in this act shall extend to prevent the registering of any ship which shall be condemned in any court of admiralty as prize of war, or in any competent court for breach of laws made for the prevention of the slave-trade. § 10.

Ships shall be registered at the port to which they belong.-No such registry shall hereafter be made, or certificate thereof granted, by any persons hereinbefore authorized, in any other port than the port to which such ship shall properly belong, except as to ships condemned as prizes in Guernsey, Jersey, or Man, which ships shall in future be registered in manner hereinafter directed; but every registry and certificate, granted in any port to which such ship does not properly belong, shall be utterly void, unless the officers aforesaid shall be specially authorized to make such registry and grant such certificate in any other port, by an order in writing under the hands of the commissioners of customs, 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 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 year; and such collector and comptroller shall forthwith, or within one month at the farthest, transmit to the commissioners of customs a true and exact copy, together with the number of every certificate so granted. § 11.

Ports to which vessels shall be deemed to belong.-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 required by this act before registry be made, shall reside; and whenever such owners shall have transferred all their shares, the same shall be registered de novo before such ship shall sail from the port to which she shall then belong, or from any other port in the same part of the United Kingdom, or the same colony, plantation, island, or territory : Provided that if the owners cannot in sufficient time comply with this act, so that registry may be made before it shall be necessary for such ship to sail upon another voyage, it shall be lawful for the collector and comptroller of the port, to certify upon the back of the existing certificate of registry, that the same is to remain in force for the voyage upon which the said ship is about to sail; also, if any ship shall be built in any of the 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 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; provided the master of such vessel, or the agent for the owner or owners, shall have produced to the collector and comptroller of the port at or near to which such ship was built, or from which she shall be cleared for her voyage, the certificate of the builder, and shall have made oath before such collector and comptroller, of the names and de scriptions of the principal owners, and that she is the identical ship

mentioned in such certificate of the builder, and that no foreigner, to the best of his knowledge, has any interest therein; whereupon the collector and comptroller shall cause such ship to be surveyed and measured, and shall give the master 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 was built, the description, tonnage, and other particulars required on registry, and the voyage for which such ship is cleared; and such certificate shall, for such voyage, have all the force of a certificate of registry, and such collector and comptroller shall transmit a copy of such certificate to the commissioners of customs. § 12. [And such certificate shall be in like force for the navigation of such ship for any voyages whatever during the term of two years from the date of such certificate, if such ship shall not sooner arrive at some place in the United Kingdom. 7 Geo. IV. c. 48. § 25.]

Persons residing in foreign countries may not be owners.-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; nor any person usually residing in any country not under the dominion of his Majesty, unless he be a member of some British factory, or agent for or partner in any house 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 required to be registered by this act. § 13.

[But any person who was a member of the company of merchants of England trading to the Levant seas, at the time of its dissolution, and who was a resident at any of the factories of the said company, may continue to own any share or shares in any 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. 7 Geo. IV. c. 48. § 27.]

Oath to be taken by subscribing owners previous to registry.-No registry shall be made, or certificate granted, until the following oath be taken and subscribed before the persons hereinbefore authorized to make such registry by the owner of such ship, if such ship 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 by one of such owners, if one or both shall be resident at a greater distance from such port; or if the number of such owners shall exceed two, then by the greater part of the number, if the greater number shall be resident within twenty miles of such port, not in any case exceeding three of such owners, unless a greater number shall be desirous to join in taking and subscribing the oath, or by one of such owners, if all, or all except one, shall be resident at a greater distance : "I A. B. of [place of residence and occupation] do make oath, That the ship or vessel [name] of [port or place] whereof [master's name] is at present master, being (kind of built, burthen, et cætera, 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 owners' 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 Bri tain 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 I the said A. B. [and the said other owners, if any] am [or are] truly and bonâ 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 for 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 for he or they hath or have] become a denizen [or denizens, or naturalized subject or subjects as the case may be] of the United

* A declaration is now required instead, by 2 and 3 Wm. IV. c. 84. § 34. See page 388.

Kingdom of Great Britain and Ireland, by his Majesty's letters patent, or by an act of parliament, (wag 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 that if it shall become necessary to register any ship belonging to any corporate body, the following oath, in lieu of the above oath, shall be taken and subscribed by the secretary or other proper officer. § 14.

"1. A. B. secretary or officer of [name of company or corporation] do make oath, that the ship or vessel [name] of [port] whereof [mister's name] is at present master, being [kind of built, burthen, et cætera, 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 the same doth wholly and truly belong to (same of company or corporation.]

Addition to oath in case the required number of owners do not attend. In case the required number of joint-owners shall not personally attend, then such owner or owners as shall personally attend, and take and subscribe the oath, shall further make oath, that the part-owner or part-owners of such ship then absent is or are not resident within twenty miles of such port, and hath or have not, to the best of his or their knowledge, wilfully absented in order to avoid taking the oath, or is or are prevented by illness from attending. § 15.

Vessels to be surveyed previous to registry.—Previous to the registering or granting of any certificate of registry, some person or persons, appointed by the commissioners of customs, (taking to his or their assistance, if he or they judge it necessary, one or more person or persons skilled in the building and admeasurement of ships,) shall go on board, and shall strictly examine and admeasure every such ship as to every particular contained in the form of the certificate before directed, in the presence of the master, or any other person appointed on the part of the owners, or in his absence by the said master; and shall deliver a true account in writing of all such particulars as are specified in the form of the certificate above recited, to the collector and comptroller authorized to make such registry and grant such certificate; and the said master or other person is to sign his name also to the certificate of such surveying officer, provided such master or person shall agree to the particulars set forth therein. § 16.

Mode of admeasurement to ascertain tonnage.-For the purpose of ascertaining the tonnage of ships, the rule for admeasurement shall be as follows; videlicet, the length shall be taken on a straight line along the rabbet of the keel, from the back of the main sternpost 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. § 17.

Ascertaining tonnage when vessels are afloat.-In cases where it may be necessary to ascertain the tonnage of any ship 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 measure the distance between such line and the after part of the sternpost at the load water-mark; then measure from the top of the

plumb line, in a parallel direction with the water, to a perpendicular point immediately over the load water-mark at the fore part of the main stem, subtracting from such 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. § 18.

Engine room in steam vessels to be deducted.-Provided always, that in each of the several rules before prescribed, when used for the purpose of ascertaining the tonnage of any ship propelled by steam, the length of the engine room shall be deducted from the whole length of such ship, and the remainder shall, for such purpose, be deemed the whole length. § 19.

Tonnage, when so ascertained, to be ever after deemed the tonnage. Whenever the tonnage shall have been ascertained according to the rules. prescribed, (except ships which have been admeasured afloat,) such account of tonnage shall ever after be deemed the tonnage of such ship, and shall be repeated in every subsequent registry, unless any alteration shall be made in the form and burthen, or it shall be discovered that the tonnage had been erroneously computed. § 20.

Bond to be given at the time of registry.*—At the time of the obtaining of the certificate of registry, sufficient security by bond shall be given to his Majesty, by the master and such of the owners as shall personally attend, as before required, to be approved of and taken by the persons authorized to make registry, in the penalties following, that is to say, if such ship shall be a decked vessel, or be above the burthen of 15 tons and not exceeding 50 tons, in the penalty of £100 ; if exceeding the burthen of 50 tons and not exceeding 100 tons, in the penalty of £300; if exceeding the burthen of 100 tons and not exceeding 200 tons, in the penalty of £500; if exceeding the burthen of 200 tons and not exceeding 300 tons, in the penalty of £800; and if exceeding the burthen of 300 tons, in the penalty of £1000; and the condition of every such bond shall be, that such certificate shall not be sold, lent, or otherwise disposed of, to any person or persons whatever, and that the same shall be solely made use of for the service of the ship for which it is granted, and that in case such ship shall be lost or taken by the enemy, burnt or broken up, or otherwise prevented from returning to the port, or shall on any account have lost and forfeited the privileges of a British ship, 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, to the collector and comptroller 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 of the islands of Guernsey or Jersey; and if any foreigner or any person for his use, shall purchase or otherwise * Bond. See 6 Geo. IV. c. 111. § 18. DUTIES OF CUSTOMS.

become entitled to any interest in such ship, and the same shall be within the limits of any port of Great Britain, Guernsey, Jersey, Man, or the British colonies, or territories, then the certificate of registryshall, within seven days after such purchase or transfer, be delivered up to the persons authorized to make registry at such port; and if such ship shall be in any foreign port when such purchase or transfer shall take place, then the same shall be delivered up to the British consul, or chief British officer at or nearest to such foreign port, or if such ship shall be at sea when such purchase or transfer shall take place, then the same shall be delivered up to the British consul or chief British officer at the foreign port at which the master shall first arrive, after such purchase or transfer at sea, immediately after his arrival at such foreign port; but if such master shall not arrive at a foreign port, but shall arrive at some port of Great Britain, Guernsey, Jersey, Man, or his Majesty's said colonies, or territories, then the same shall be delivered up in manner aforesaid, within fourteen days after the arrival of such ship in any port of Great Britain, Guernsey, Jersey, Man, or any of his Majesty's said colonies, or territories: Provided always, that if it shall happen that at the time of registry of any ship, the same shall be at any other port than that to which she belongs, so that the master cannot attend at the port of registry to join with the owners in such bond, it shall be lawful for him to give a separate bond, to the like effect, at the port where such ship may then be, and the collector and comptroller shall transmit such bond to the collector and comptroller of the port where such ship is to be registered, and such bond, and the bond also given by the owners, shall together be of the same effect against the master or owners, or either of them, as if they had bound themselves jointly and severally in one bond. § 21.

When master is changed, new master to give similar bond.—When and so often as the master of any ship registered shall be changed, the master or owner shall deliver to the persons authorized to make registry at the port where such change shall take place, the certificate of registry, who shall thereupon endorse and subscribe a memorandum of such change, and shall forthwith give notice to the officer of the port where such ship was last registered, who shall make a memorandum of the same in the book of registers, and shall forthwith give notice thereof to the commissioners of customs: Provided that before the name of such new master shall be endorsed on the certificate of registry, he shall give a bond, in the like penalties and under the same conditions as are contained in the bond required to be given at the time of registry. § 22.

Certificate of registry to be given up, as directed by the bond.—If any person shall have possession of and wilfully detain any certificate of registry, which ought to be delivered up to be cancelled, such person is enjoined to deliver up such certificate of registry, in manner directed by the conditions of such bond, under the penalties therein provided. § 23.

Name of vessels registered, never afterwards to be changed-It shall not be lawful for any owners to give any name to such ship, other than that by which she was first registered; and the owners shall, before such ship (after registry) shall begin to take in any cargo, paint in white or yellow letters, of a length not less than four inches, upon a black ground, upon some conspicuous part of the stern, the

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