26 Geo. 3.

c. 60. Vouchers.

Oath upon return.

British merchants residing at or near such place; and such master of such vessel shall produce to such merchants as aforesaid vouchers of the particulars and amount of the repairs of such vessel, whose certificate of the same shall be of the like force and effect as that of the British consul, or chief British officer, resident in any foreign place; and in case any vessel shall, after the said 1st August, 1786, he repaired in any foreign place, the master thereof shall make proof on oath, before the collector and controller, or other principal officer of the customs in the port of His Majesty's dominions where the said vessel may first arrive (if required by them so to do), describing the nature and amount of the charge or expense of such repairs; and if Expenses ex- such charge or expense shall appear to exceed the before-mentioned sum of fifteen shillings for every ton of the admeasurement of such vessel, and the master of such vessel shall neglect or refuse to deliver to such collector and controller, or principal officer of the customs, or to one of them, the certificate so required to be produced in such cases, the said vessel shall be deemed and taken to be a FOREIGN-built vessel to all intents and purposes whatever.

ceeding cer

tain amount.

Refusing certificate.

Vessels re

registered,

§ 3.

Rule 3. Every vessel having a deck, or being of the burthen of quired to be 15 tons or upwards, belonging to any of His Majesty's subjects in Great Britain, or Guernsey, Jersey, and the Isle of Man, or of any of the aforesaid colonies, plantations, islands, or territories, shall be registered (a) in manner hereinafter mentioned; and the person or persons claiming property therein shall cause the same to be registered, and shall obtain a certificate of such registry from the collector and controller of customs in Great Britain or the Isle of Man, or from the governor, lieutenant-governor, or commander in chief, and principal officer or officers of customs, residing in the islands of Guernsey or Jersey, or in any of the said plantations, islands, or territories respectively, in manner hereinafter directed; and the form of such certificate shall be as follows: viz.

Certificate of

"In pursuance of an act passed in the 26th year of the reign of King George British regis- the Third, entituled, An Act [here insert the title of the act, the names, occutry. “pation, and residence, of the subscribing owners], having taken and subscribed "the oath required by this act, and having sworn that he [or, they], together "with [names, occupation, and residence of non-subscribing owners], is [or are] "sole owner [or owners] of the ship or vessel called the [ship's name] of [place "to which the vessel belongs], whereof [master's name] is at present master, and "that the said ship or vessel was [when and where built, or captured, and date "of condemnation]; and [name and employment of the surveying officer] having "certified to us that the said ship or vessel is [whether British, foreign, or British "plantation built], has [number of decks] decks, and (number of masts], masts, "that her length, from the fore-part of the main-stem to the after-part of the "stern-post aloft, is [number of feet and inches], her breadth at the broadest part, whether above or below the main-wales (number of feet and inches], her "height between decks [number of feet and inches, if more than one deck, and "if not then] the depth of the hold [number of feet and inches], and admeasures [burthen] tons, that she is a kind of vessel, and how built], has [whether any or no gallery] gallery and [kind of head, if any] head; and the said sub

(a) By 27 Geo. 3. c. 19. § 8. no vessel not exceeding the burthen of 30 tons, and not having a whole or fixed deck, and being employed solely in the fishery on the shores of Newfoundland, and of the parts adjacent, or on the shores of the provinces of Quebec, Nova Scotia, or New Brunswick, adjacent to the Gulf of St. Lawrence, to the north of Cape Canso or of the islands within the same, or in trading coast wise within the said limits, shall be subject to be registered by virtue of the above act, or shall be liable to any molestation or detention on account of not being so registered.

" scribing owners having consented and agreed to the above description and ad- 26 Geo. 3. "measurement, and having caused sufficient security to be given, as is required by c. 60. "the said act, the said [kind and name of the vessel] has been duly registered at

"the port of [name of the port].

"Given under our hands and seals of office, at the custom house in the

"said port of [name of the port], this [date] day of [name of
"the month], in the year [words at length]."

be registered.

Rule 4. No such registry shall hereafter be made, or certificate In what ports thereof granted, by any person or persons hereinbefore authorized to vessels shail make such registry, and grant such certificate, in any other place than the place to which such vessel shall properly belong, (a) except so far as relates to such vessels as shall be condemned as prizes in any of the islands of Guernsey, Jersey, or Man, which vessels shall in future Prizes in be registered in manner hereinafter directed: but every registry Guernsey, &c. and certificate granted in any place to which any such vessel does not special auproperly belong, shall be utterly null and void, to all intents and pur- thority. poses, 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 any four or more of the commissioners of customs in England, or any three or more of the commissioners of customs in Scotland, which order the said commissioners are hereby respectively authorized and empowered to issue, in manner aforesaid, if they shall see fit.

§ 5.

Rule 5. The port to which any vessel shall hereafter be deemed to What deemed belong, within the intent and meaning of this act, shall be, and is vessel's port, hereby declared to be, the port from and to which such vessel shall usually trade, or (being a new ship) shall intend so to trade, and at or near which the husband, or acting and managing owner or owners of such vessel usually resides or reside.

Rule 6. Nothing in this act shall extend to require to be regis- Exceptions, tered any vessel of war, or any other vessel, of whatever built the 6. same may be, or under whatever description the same may fall, being the property of His Majesty or the Royal Family, or any of them, or any lighters, barges, boats, or vessels of any built or description whatever, used solely in rivers or inland navigation.

&c. § 7.

Rule 7. No vessel built in any of the colonies of North America, Vessels built now called The United States of America, during the time that any act in America, of parliament made in Great Britain, prohibiting trade and intercourse with those colonies, was or were in force, nor any vessel which was owned by, or belonged to, the subjects of the said United States, or of any of the said states respectively, during the existence of those acts, and not registered before the commencement thereof, is or shall be entitled to be registered under this present act, or to any of the privileges or advantages of a British-built vessel, unless such vessel shall have been taken and condemned as lawful prize, or, having been stranded, shall have been built or rebuilt, and registered in the manner heretofore practised and allowed.

Rule 8. No subject of His Majesty, whose usual residence is in Subjects reany country not under the dominion of His Majesty, shall be deemed siding out of

(a) By order of the board of customs, dated November 29, 1817, when vessels lying at a port to which they do not belong require new registers, the collector and controller at the port where the vessel is lying, may cause the vessel to be surveyed, and take the master's bond, and transmit the certificate of survey and bond to the collector and controller of the port where the owners reside, and the collector and controller of such port may thereupon register the vessel de novo, on all the requisites of the law being first duly complied with,

His Majesty's dominions, S.

26 Geo. 3. c. 60.

Oath before

One owner.

or entitled, during the time he shall continue so to reside, to be the owner in whole or in part of any British vessel, required and authorized to be registered by virtue of this act, unless he be a member of some British factory, or agent for, or partner in, any house or copartnership, actually carrying on trade in Great Britain or Ireland.

Rule 9. No registry shall henceforth be made, or certificate granted, registry, 10. until the following oath be taken and subscribed before the person or persons hereinbefore authorized to make such registy, and grant such certificate respectively, by the owner (a) of such vessel, if such vessel is owned by, or belongs to, one person only; or, in case there be two Two owners. joint owners, then by both of such joint owners, if both shall be resident within 20 miles of the 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 place; or if the number of such owners or proprietors shall exceed two, then by the greater part of the number of such owners or proprietors, if the greater number of them shall be two owners. resident within 20 miles of such place as aforesaid, not in any case exceeding three of such owners or proprietors, or by one of such owners, if all shall be resident at a greater distance:

More than

Form of oath.

66

66

46

"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 66 master, being [kind of built, burthen, &c. as described in the certificate of the "surveying officer], was [when and where built, or if prize, capture, and con"demnation]; and that I, the said A. B. [and the other owners' names, and "occupations, if any, and where they respectively reside, viz. 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 Britain 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 whatsoever [except under the terms of some capitulation, describing the particulars thereof], or that since my taking [or 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], and prior to the passing "of an act in the 26th year of the Reign of King George the Third, (entitled, ⚫ An

66

66

66

(a) By 27 Geo. 3. c. 19. § 9. vessels built in the island of Newfoundland, and in those parts of the provinces of Quebec, Nova Scotia, and New Brunswick, adjacent to the Gulf of St. Lawrence, and to the North of Cape Canso, or in the islands within the said limits, on account of owners residing in His Majesty's European dominions, may be registered (before the persons authorized to make registry and to grant certificates) upon the husbands or principal agents of the vessel taking the oath required by the said act, instead of the same being taken by the owners thereof, and the certificates so granted shall be of the like force as if they had been granted upon the oath of the owners, until such vessels respectively shall arrive at some port in His Majesty's European dominions, where they may be registered upon the oath of the owners thereof; and whenever such vessels shall first arrive in any such port, the certificates of registry granted under this act shall be void, and shall be delivered up to be cancelled; and such vessels are required to be registered de novo upon the oath of the respective owners being taken, and the other requisites of the said act being complied with,

By 27 Geo. 3. c. 19. § 4. any oath which shall have been or may be taken, for the sole purpose of acquiring the rights of a citizen or burgher in any foreign city or town in Europe, to be enjoyed during the time that the person taking such oath shall reside in such city or town, and for a limited time after such residence shall have expired, shall not be deemed an oath of allegiance to a foreign state, within the meaning of the above act. See the note at the end of TITLE ),

"Act for the further Increase and Encouragement of Shipping and Navigation.") 26 Geo. 3. "I bave [or he or they hath or have] become a subject [or subjects] of Great c. 60. "Britain [either by His Majesty's letters patent, as a denizen or denizens, or "naturalized by act of parliament, as the case may be, naming the dates of the "letters of denization, or the act or acts of parliament for naturalization respectively], or [as the case may be] I have [or he or they hath or have] become a "denizen (or denizens, or naturalized subject or subjects, as the case may be] of "Great Britain, by His Majesty's letters patent, or by an act of parliament "passed since the first day of January, 1786 [naming 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 or' interest in the said “ ship or vessel.”

members do

Rule 10. In case the number of joint owners or proprietors of any Addition to vessel shall amount to three or more, and three of such joint owners oath when or proprietors shall not personally attend to take and subscribe the not attend, oath hereinbefore directed to be taken and subscribed, then such owner § 11. 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 vessel then absent is or are not resident within 20 miles of such 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 hereinbefore directed to be taken and subscribed, or is or are prevented by illness from attending to take and subscribe the said oath. (a)

examined and

Rule 11. Previous to the registering or granting of any certificate Vessels to be of registry as aforesaid, some one or more proper person or persons, admeasured, appointed by the commissioners of customs in England and Scotland, $12. or by the governor, lieutenant-governor, or commander in chief for the time being, in the islands of Guernsey, Jersey, and Man, or of the colonies, plantations, islands, or territories aforesaid respectively (taking to his or their assistance, if he or they shall judge it necessary, one or more person or persons skilled in the building and admeasurement of ships), shall go on board of every such vessel as is to be registered, and shall strictly and accurately examine and admeasure every such vessel, as to all and every particular contained in the form of the certificate hereinbefore directed, in the presence of the master, or of any other person who shall be appointed for that purpose on the part of the owner or owners, or, in his or their absence, by the said master, and shall deliver a true and just account in writing, of all such Account. particulars of the built, description, and admeasurement of every such vessel as are specified in the form of the certificate above recited, to the person or persons who shall be authorized as aforesaid to make such registry and grant such certificate of registry; and the said mas- Master to

(a) By 27 Geo. 3. c. 19. § 5. the above act is not to prevent the making registry of vessels, and granting certificates thereof to the vessels wholly owned by the East India Company, or to any other body corporate within this kingdom, all other requisites of the said act being complied with, upon the following oath being taken and subscribed by the secretary of the said company, or other body corporate, or by any other officer authorized by such company or body (instead of the oath directed to be taken by the above act) before the persons duly authorized to make such registry and grant such certificates respectively.

"I, A. B. secretary or officer [name of company or corporation], 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, &c. as described in the certificate "of the surveying officer], was [when and where built, or if prize, capture and condemnation], and that the same doth wholly and truly belong to [name of "company or corporation],"

sigo.

26 Geo. 3.

c. 60.

False descrip

registries, &c.

$13.

ter, or other person attending on the part of the owner or owners, is hereby required to sign his name also to the certificate of such surveying or examining officer in testimony of the truth thereof, provided such master or other person shall consent and agree to the several particulars set forth and described therein.

Rule 12. If such person so appointed to examine and admeasure tions, or false such vessels, shall wilfully deliver to any person authorized 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 herein before authorized 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, 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 or Jersey, or in the superior court of justice in the Isle of Man, as the case may be, shall forfeit the sum of 100l. and be for ever incapable of holding or enjoying any office or employment under His Majesty.

Bond not to

cates, and to

return them, §15.

Penalties.

Rule 13. At the time of obtaining the certificate of registry as lend certifi- aforesaid, sufficient security by bond shall be given to His Majesty, by the master and such of the owners as shall personally attend, as is hereinbefore required, such security to be approved of and taken by the person or persons hereinbefore authorized to make such registry, and grant such certificates of registry, at the place (a) in which such certificate shall be granted, in the penalties following; that is to say, if such vessel shall be a decked vessel, or be above the burthen of 15 tons, and not exceeding 50 tons, in the penalty of 100l.; 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 500l.; if exceeding the burthen of 200 tons, and not exceeding 300 tons, in the penalty of 800l.; and if exceeding Condition of the burthen of 300 tons, in the penalty of 1000l.: 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 vessel Vessels lost, for which it is granted; and that in case such ship shall be lost, or

bond.

&c.

(a) By 27 Geo. 3. c. 19 § 6. the commissioners of customs in England or Scotland, or the governor, lieutenaut-governor, or commander in chief, of the islands of Guernsey, Jersey, or the Isle of Man, or any of the territories which now belong, or may hereafter belong to, or be in the possession of His Majesty, in Asia, Africa, or America, are authorized to permit, in any case where it shall appear to them expedient, such bond to be taken before any person whatever, and in such manner, and in such place, as they shall respectively judge fitting and necessary, and such person is authorized to take the bond, and the bond when so taken shall be of the like force as if it had been taken by the persons authorized by the above act to make registry and grant certificate thereof.

By 7. when the master of any vessel registered under the above act, shall be changed, the person who shall become master of such vessel shall give security by bond, to be taken in the manner and under the penalties and conditions of that and this act; and upon such fresh security being from time to time given, and the same being made to appear by endorsement on the original bond by the officers in whose custody it shall be, such original bond, so far as it relates to the former master, shall henceforth be void, except with respect to any breach of the conditions of such bond which may have been committed before such endorsement.