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2 and 3 Wm. IV. c. 84. An Act to amend the Laws relating to the Customs. (3 Aug. 1832.)
Collector with governor, &c. to make registry where there is no Comptroller.-Whereas an act was passed in the sixth year of his late Majesty's reign, (c. 110.) intituled, “ An Act for the registering of British Vessels,” and it is expedient to extend the provisions thereof to British possessions at which no appointment of comptroller of his Majesty customs has been made ; be it therefore enacted, that it shall be jawful for the collector of his Majesty's customs at any port or place in any British possession at which no appointment of comptroller of his Majesty's customs has been made, together with the governor, lieutenantgovernor, or commander in chief of any possessions, to make registry of British vessels, and grant certificates thereof, under the provisions and regulations of the said recited act. $ 33.
Declarations substituted for oaths, where required by the registry acts.—And whereas it is expedient that the provisions of the 1 and 2 Win. IV. (see page 436.) intituled “ An Act to abolish certain Oaths," &c. should extend to the oaths now required to be taken by the said act for the registering British vessels; be it therefore enacted, that so much of the provisions of the said recited act as relates to the declarations in lieu of oaths, solemn affirmations, or affidavits,—and to the penalties therein contained for making false declarations,—shall extend to all oaths required to be taken by the said act for the registering of British vessels, or by any other act for altering and amending the same. $31.
CASE. The ship the “Earl of Liverpool" was registered as to forty sixty fourth shares in the names of " William Bushell, William
Singer Jacques, and John Coulson, copartners in trade, under the firm of William Bushell and Company."
Mr. Coulson died leaving Mr. Bushell and Mr. Jacques his surviving partners ; and these gentleinen in conjunction with the other owners sold her to Messrs. Pinney and Co. Upon their application to the officers of the customs, to endorse the bill of sale and grant them a new register upon the change of property, they have refused, upon the ground, that the executrix or personal representative of Mr. Coulson must join Mr. Bushell and Mr. Jacques in the assignment of their forty sixty-fourth parts.
OPINION. We think Mr. Bushell and Mr. Jacques, the surviving partners of W. Bushell and Co., can make a good title to a purchaser of the forty sixty-fourth shares of the ship, without calling in the personal representative of Mr. Coulson.
Before the late act a ship could not be considered as partnership property, but the several members of the firm were part owners of the ship, and tenants in common only; so that upon the death of any one of the firm the part or share registered in his name was necessarily transferred by his personal representative.
But as the 6 Geo. IV. c. 110. § 32, expressly authorizes ships and shares in ships to be held by partners, as joint owners thereof, and that the same shall be considered as partnership property, we think that the right to transfer survives to the surviving partners, at law, and that the new register should be granted accordingly. We have the honour to be,&c. LINCOLN'S INN
CH. WETHERALL. Der. 21, 1826.
N. C. TINDAL.
6 Geo. IV. c. 109.
An Act for the Encouragement of British Shipping and Navigation.
Whereas an act was passed in the present session of parliament, intituled “An Act to repeal the several Laws relating to the Customs,” in which it is declared, that the laws of the customs have become intri. cate by reason of the great number of acts relating thereto which have been passed through a long series of years; and that it is therefore highly expedient for the interest of commerce and the ends of justice, and also for affording convenience and facility to all persons who may be subject to the operation of those laws, or who may be authorized to act in the execution thereof, that all the statutes now in force relating to the customs should be repealed, and that the purposes for which they have from time to time been made should be secured by new enactments, exhibiting more perspicuously and compendiously the various provisions contained in them: and whereas the laws relating to the encouragement of British navigation will thereby be repealed, and it is expedient to make provisions in lieu thereof, for the due encouragement of British shipping and British seamen, after such repeal shall have effect; be it therefore enacted by the King'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 after the 5 January, 1826, this act shall come into and be and continue in full force and operation, and shall constitute and be the law of navigation of the British empire. $ 1.
EUROPE, enumerated goods for home use.—The several sorts of goods hereinafter enumerated being the produce of Europe, -(that is to say,) masts, timber, boards, tar, tallow, hemp, flax, currants, raisins, figs, prunes, olive oil, corn or grain, wine, brandy, tobacco,
(Wool, shumac, madders, madder roots, barilla, brimstone, bark of oak, cork, oranges, lemons, linseed, rape seed, and clover seed. 7
and 8 Geo. IV. c. 56. § 16.]-shall not be imported into the United Kingdom, to be used therein, except in British ships,-or in ships of the country of which the goods are the produce,-or in ships of the country from which the goods are imported. $ 2.
Asia, Africa, or America-Goods, the produce of.-Goods, the produce of Asia, Africa, or America, shall not be imported from Europe into the United Kingdom, (to be used therein,)-except the goods hereinafter mentioned. Goods, the produce of places in Asia or Africa—within the Straits of Gibraltar,-or of Goods, the produce of places within the limits of the East India Company's charter,
the dominions of the Emperor of Morocco,-imported from places in Europe within the Straits of Gibraltar.—but (All goods, the produce of places in the interior of Asia
or Africa,- which shall be brought to any place in Europe within the Straits of Gibraltar,-through places in Asia or Ajrica which are within those Straits, shall be deemed to be the produce of such last-mentioned places. 7 Geo. IV. c. 48. 6 21.1
which (having been imported into Gibraltar or Malta in Brilish ships) may be im
ported from Gibraltar or Malta. Goods taken by way of reprisal by British ships. Bullion, diamonds, pearls, rubies, emeralds, and other jewels or precious stones. $3.
Asia, Africa, and America, --goods of in foreign ships.-Goods, the produce of Asia, Africa, or America, shall not be imported into the United Kingdom, to be used therein, in foreign ships-unless they be the ships of the country in Asia, Africa, or America, of which the goods are the produce, and from which they are imported, -except the goods hereinafter mentioned. Goods, the produce of the dominions of the Grand Signior, in Asia or Africa, which
may be imported from his dominions in Europe, in ships of his dominions. Raw silk and mohair yarn,—the produce of Asia, which may be imported from the do
minions of the Grand Signior in the Levant seas, in ships of his dominions. Bullion. $4.
Manufacture deemed produce.- Provided always, that all manufactured goods shall be deemed to be the produce of the country of which they are the manufacture. $ 5.
Guernsey, &c.-No goods shall be imported into the United Kingdom from the islands of Guernsey, Jersey, Alderney, Sark, or Man, except in British ships. $ 6.
Erports to Asia, &c.—No goods shall be exported from the United Kingdom to any British possession in Asia, Africa, or America, nor to the islands of Guernsey, Jersey, Alderney, Sark, or Man, -except in British ships. $7.
Coastwise British ships. No goods shall be carried coastwise from one part of the United Kingdom to another, -except in British ships.
Between Guernsey, &c.—No goods shall be carried from any of the islands of Guernsey, Jersey, Alderney, Sark, or Man,--to any other of such islands ;-„nor from one part of any such islands to another part of the same island, -except in British ships. $9.
Between British possessions in Asia.-No goods shall be carried from any British possession in Asia, Africa, or America, to any other of such possessions --nor from one part of any of such possessions to another part of the same,-except in British ships. $ 10.
Imports into same.- No goods shall be imported into any British possession in Asia, Africa, or America, in any foreign ships, --unless they be ships of the country of which the goods are the produce,--and from which the goods are imported. § 11.
No ship to be deemed British, unless registered and navigated as such. -No ship shall be admitted to be a British ship, unless duly registered and navigated as such ;-and every British register ship (so long as the registry shall be in force, or the certificate retained) shall be navigated during the whole of every voyage (whether with a cargo or in ballast) in every part of the wor!d, by a master who is a British subject,—and by a crew, whereof three-fourths at least are British seamen.
Coasting vessels crew to be all British.--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 Brilish seamen. 12.
All ressels under fifteen tons burthen admitted in navigation upon rivers, &c.-Provided always, that all British-built boats or vessels under fifteen tons burthen, 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 reside;—and all Britishbuilt boats or vessels wholly owned and navigated by British subjects, (not exceeding the burthen 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 St. 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. $ 13.
Honduras ships to be as Brilish, in trade with British possessions.All ships built in the British settlements at Honduras, and owned and navigated as British ships, shall be entitled to the privileges of British registered ships in all direct trade between the United Kingdom [or the British possessions in America, see 6 Geo. IV. c. 76.] and the said settlements :-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 from the said settlements for every voyage shall be endorsed upon such certificate by such superintendeut. $ 14.*
Ship of any foreign country.—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 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 navigated 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, that the country of every ship shall be deemed to include all places which are under the same dominion as the place to which such ship belongs. $ 15.1
In what case master and seamen deemed British.—No person shall be qualified to be a master of a British ship, or to be a British seaman, within the meaning of this act, except natural-born subjects, or persons naturalized by act of parliament, or made denizens by letters of denization ; or except persons who have become British subjects by virtue of conquest or cession, and who shall have taken the oath of allegiance, or the oath of fidelity required by the treaty or capitulation; or persons who shall have served on board any of his Majesty's ships of war in time of war for the space of three years : provided always, that the
• See 6 Geo. IV. c. 76. page 393.
+ See 7 Geo. IV. c. 6. page 393.
natives of places within the limits of the East India company's charter, although under British dominion, shall not, upon the ground of being such natives, be deemed to be British seamen: provided always, that every ship (except ships required to be wholly navigated by British seamen) which shall be navigated by one British seaman, if a British ship, or one seaman of the country of such ship, if a foreign ship, for every twenty tons of the burthen of such ship, shall be deemed to be duly navigated, although the number of other seamen shall exceed onefourth of the whole crew. $ 16.
Foreigners having serred two years. It shall be lawful for his Majesty, by proclamation during war, to declare that foreigners having served two years on board any of his Majesty's ships of war in time of such war, shall be British seamen within the meaning of this act. $ 17.
Brilish ship not to depart without British crew.- No British registered ship shall be suffered to depart any port in the United Kingdom, or any British possession in any part of the world, (whether with a cargo or in ballast,) unless duly navigated: provided 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 within those limits. $ 18.*
Excess of foreign seamen.- If any British registered ship shall at any time have, as part of the crew in any part of the world, any foreign seaman not allowed by law, the master or owners shall for every such foreign seaman forfeit 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, for the navigation of any British ship; or if such proportion be destroyed during the voyage by any unavoidable circumstance, and the master shall produce a certificate of such facts, under the hand of any British consul, or of two British merchants, if there be no consul, 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. $ 19.
Proportion of seamen may be altered by proclamation. If his Majesty shall, at any time by his royal proclamation, declare that the proportion of British seamen 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. $ 20.
Certain goods prohibited only by navigation law may be imported for exportation.- Goods of any sort, or the produce of any place, not otherwise prohibited than by the law of navigation hereinbefore contained, may be imported into the United Kingdom from any place in a British ship, and 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 made for warehousing of goods without payment of duty upon the first entry. § 21.t
* See 7 Geo. IV. c. 48. page 394.
+ But see list of goods which cannot be warehoused, in the ReGULATION Act. 6 Geo. IV. c. 107. $ 53.