A

BILL

For the Registering of British Vessels.

[Note.-The Words printed in Italics are proposed to be inserted
in the Committee.]

5

3 & 4 W. 4,

c. 55.

HEREAS an Act was passed in the Session of Parliament Preamble: held in the third and fourth years of the reign of King WILLIAM the Fourth, intituled, "An Act for the registering of British Vessels," whereby the laws in relation to the registration of British Vessels were consolidated : And whereas since the passing of the said Act divers parts of Acts for the further amendment of the law in that respect have been found necessary, and it will be of advantage to trade and commerce that the said Act and parts of Acts should be consolidated into one Act; BE it therefore Enacted, 10 by The QUEEN'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 passing of this Act the same shall Commencecome into and continue in full force for the purposes therein men15 tioned, except where any other commencement is herein particularly directed.

any

1.

ment of Act.

2.

No Vessel to enjoy privi

leges until registered.

And be it Enacted, That no ship or vessel shall be entitled to of the privileges or advantages of a British registered ship, unless the person or persons claiming property therein shall have caused 20 the same to have been registered in virtue of the said Act or of an Act passed in the sixth year of the reign of his late Majesty King 6 Geo. 4, GEORGE the Fourth, intituled, "An Act for registering British Vessels," or of an Act passed in the fourth year of his said late 4 G. 4, c. 4l. Majesty's reign, intituled, "An Act for the registering of British

c. 110.

Vessels," or until such person or persons shall have caused the same to be registered in manner hereinafter mentioned, and shall have obtained a certificate of such registry from the person or persons authorized to make such registry and grant such certificate as hereinafter directed; the form of which Certificate shall be as follows; 5 (videlicet)—

This is to certify, That in pursuance of an Act passed in the
Session of Parliament holden in the eighth and ninth years
of the reign of Queen VICTORIA, intituled, "An Act" [here
insert the title of this Act, the names, occupations and 10
residence of the subscribing owners], having made and sub-
scribed the declaration required by the said Act, and having
declared that [he or they], together with [names, occupa-
tions and residence of non-subscribing owners] is [or are] sole
owner [or owners] in the proportions specified on the back 15
hereof of the ship or vessel called the [ship's name], of
[place to which the vessel belongs], which is of the burthen
of [number of tons], and whereof [Master's name] is Master,
and that the said ship or vessel was [when and where built
or condemned as prize, referring to builder's certificate, Judge's 20
certificate, or certificate of last registry then delivered up
to be cancelled], and [name and employment of surveying
officer] having certified to us that the said ship or vessel has
[number] decks and [number] masts; that her length from
the inner part of the main stem to the fore part of the stern- 25

rigged] rigged, with a [standing or running] bowsprit; is [de-
scription of stern] sterned, [carvel or clincher] built; has 30
[whether any or not] gallery, and [kind of head, if any] head;
and the said subscribing owners having consented and agreed
to the above description, and having caused sufficient security
to be given, as required by the said Act, the said ship or
vessel, called the [name], has been duly registered at the 35
port of [name of port]. Certified under our hands, at the
Custom-house in the said port of [name of port], this [date]
day of [name of month] in the year [words at length].

And on the back of such certificate of registry there shall be an account of the parts or shares held by each of the owners men

tioned and described in such certificate, in the form and manner

15

20

25

30

35

(signed)
(signed)

Comptroller.
Collector.

And be it Enacted, That the persons authorized and required to make such registry and grant such certificates shall be the several persons hereinafter mentioned and described; (that is to say)

The Collector and Comptroller of Her Majesty's Customs in any
port in the United Kingdom of Great Britain and Ireland
and in the Isle of Man respectively, in respect of ships or
vessels to be there registered:

&c.

The principal officers of Her Majesty's Customs in the Islands In Guernsey,
of Guernsey or Jersey, together with the Governor, Lieu-
tenant-governor or Commander-in-Chief of those Islands
respectively, in respect of ships or vessels to be there regis-
tered:

any

Asia, Africa

The Collector and Comptroller of Her Majesty's Customs of In Colonies in
port in the British possessions in Asia, Africa and America, and America.
or the Collector of any such port at which no appointment of
a Comptroller has been made in respect of ships or vessels to be
there registered:

The Collector of Duties at any port in the territories under the
government of the East India Company, within the limits of
the Charter of the said Company, or any other person of
the rank in the said Company's service of senior merchant,
or of Six Years' standing in the said service, being respec-
tively appointed to act in the execution of this Act by any of
the Governments of the said Company in respect of ships or
vessels to be there registered:

The Collector of Duties at any British Possession within the
said limits, and not under the government of the said Com-
and at which a Custom-house is not established, together
pany,
with the Governor, Lieutenant-governor or Cominander-in-
Chief of such possession, in respect of ships or vessels to be
there registered:

40

In territories
Company.

of East India

Inother places of the Charter

within limits

of the East

India Com

pany.

In Malta,
Gibraltar, &c.

Limitation as to Vessels registered at Malta, Gib raltar or Heligoland.

Certain

powers of Collectors and Comptrollers, by whom to be exercised in certain

cases.

Powers of Commissioners of Customs in United Kingdom given to Governors, &c. abroad.

4.

Ships exercising privileges before registry to be forfeited;

but not to affect Vessels registered

under previous Acts.

5. What Ships are entitled to be registered.

The Governor, Lieutenant-governor or Commander-in-Chief of Malta, Gibraltar and Heligoland respectively, in respect of vessels or ships to be there registered:

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Provided always, That no ship or vessel shall be registered at Heligoland
except such as is wholly of the build of that place; and that ships or
vessels registered at Malta, Gibraltar or Heligoland shall not be
registered elsewhere; and that ships or vessels registered at Malta,
Gibraltar or Heligoland shall not be entitled to the privileges and
advantages of British ships in any trade between the said United
Kingdom and any of the British possessions in America: Provided 10
also, That wherever in and by this Act it is directed or provided that
any act, matter or thing shall and may be done or performed by to
or with any Collector and Comptroller of Her Majesty's Customs, the
same shall or may be done or performed by to or with the several
persons respectively hereinbefore authorized and required to make 15
registry and to grant certificates of registry as aforesaid, and accord-
ing as the same act, matter or thing is to be done or performed at
the said several and respective places, and within the jurisdiction of
the said several persons respectively: Provided also, That wherever
in and by this Act it is directed or provided that any act, matter or 20
thing shall or may be done or performed by to or with the Commis-
sioners of Her Majesty's Customs, the same shall or may be done or
performed by to or with the Governor, Lieutenant-governor or
Commander-in-Chief of any place where any ship or vessel may be
registered under the authority of this Act, so far as such act, matter 25
or thing can be applicable to the registering of any ship or vessel at
such place.

And be it Enacted, That in case any ship or vessel not being duly registered, and not having obtained such certificate of registry as aforesaid, shall exercise any of the privileges of a British ship, the 30 same shall be subject to forfeiture; and also all the guns, furniture, ammunition, tackle and apparel to the same ship or vessel belonging, and shall and may be seized by any officer or officers of Her Majesty's Customs: Provided always, That nothing in this Act shall extend or be construed to extend to affect the privileges of any ship or vessel 35 duly registered prior to the commencement thereof.

And be it Enacted, That no ship or vessel shall be registered, or having been registered shall be deemed to be duly registered by virtue of this Act, except such as are wholly of the build of the said United Kingdom, or of the Isle of Man, or of the Islands of 40 Guernsey or Jersey, or of some of the colonies, plantations, islands or territories in Asia, Africa or America, or of Malta, Gibraltar or Heligoland, which belonged to Her Majesty, Her heirs or successors,

at

5

at the time of the building of such ships or vessels, or such ships or vessels as shall have been condemned in any Court of Admiralty as prize of war, or such ships or vessels as shall have been condemned in any competent court as forfeited for the breach of the laws made for the prevention of the Slave Trade, and which shall wholly belong and continue wholly to belong to Her Majesty's subjects duly entitled to be owners of ships or vessels registered by virtue of this Act.

And be it Enacted, That no Mediterranean pass shall be issued for the use of any ship as being a ship belonging to Malta or Gibraltar, 20 except such as be duly registered at those places respectively, or such as not being entitled to be so registered shall have wholly belonged, before the Tenth day of October One thousand eight hundred and Twenty-seven, and shall have continued wholly to belong to persons actually residing at those places respectively as inhabitants 15 thereof, and entitled to be owners of British ships there registered, or who, not being so entitled, shall have so resided upwards of Fifteen Years prior to the said Tenth day of October One thousand eight hundred and Twenty-seven.

Foreign reexceed 20s. per Ton.

pairs not to

And be it Enacted, That no ship or vessel shall continue to enjoy 20 the privileges of a British ship after the same shall have been repaired in a foreign country, if such repairs shall exceed the sum of Twenty Shillings for every Ton of the burthen of the said ship or vessel, unless such repairs shall have been necessary by reason of extraordinary damage sustained by such ship or vessel during her absence from Her 25 Majesty's dominions to enable her to perform the voyage in which she shall have been engaged, and to return to some port or place in the said dominions; and whenever any ship or vessel which has been The Master so repaired in a foreign country shall arrive at any port in Her Majesty's dominions as a British registered ship or vessel, the Master repairs. 30 or other person having the charge or command of the same shall,

upon the first entry thereof, report to the Collector and Comptroller of Her Majesty's Customs at such port, that such ship or vessel has been so repaired, under penalty of Twenty Shillings for every Ton of the burthen of such ship or vessel, according to the admeasurement 35 thereof; and if it shall be proved to the satisfaction of the Commissioners of Her Majesty's Customs, that such ship or vessel was seaworthy at the time when she last departed from any port or place in Her Majesty's dominions, and that no greater quantity of such repairs have been done to the said vessel than was necessary as aforesaid, it shall be lawful for the said Commissioners, upon a full consideration of all the circumstances, to direct the Collector and Comptroller of the port where such ship or vessel shall have arrived, or where she shall then be, to certify on the certificate of the registry of such ship or

40

on arrival to report such

Necessity of such repairs to be proved sioners of

to Commis

Customs.