Certifi cates may from un directed, thirty months shall be allowed to all ships and vessels trading or fishing beyond the Cape of Good Hope, or Cape Horn, to be registered, and obtain certificates according to the form, and in the manner hereinbefore described: And that at the end of the said term of twelve months, with respect to such ships and vessels as belong to the ports of Great Britain, and the islands of Guernsey, Jersey, or Man; and in like manner, at the end of the said term of eighteen months, with respect to all ships and vessels that belong to any of the ports of his Majesty's colonies, plantations, islands, or territories, in Africa or America; and in like manner, at the end of the said term of thirty months, with respect to all ships and vessels trading or fishing beyond the Cape of Good Hope, or Cape Horn, no other register or certificate shall be of force or effect, except such as shall be granted in pursuance of this Act; and that all other registers and certificates shall from thenceforth be utterly null and void, to all intents and purposes whatsoever. XXXI. Provided nevertheless, and be it further enacted by the authority aforesaid, be granted, That in case it shall happen that any such ship or vessel, from any unavoidable where necessity, or reasonable cause, shall not return to the port to which she belongs within avoidable the time hereinbefore limited, it shall and may be lawful for the commissioners of his necessity, Majesty's customs in England and Scotland respectively for the time being, and they tion could are hereby required, upon proof being made to their satisfaction of such unavoidable applica not be made in time limited, Ships leaving port with out certi ficates to be forfeited. If ships be out the port to which they without certifi must be given that necessity or reasonable cause, to cause such ship or vessel to be registered upon the terms and conditions, and under the regulations and restrictions directed and required by this Act; any thing herein contained to the contrary thereof notwithstanding. XXXII. And be it further enacted by the authority aforesaid, That no ship or vessel, which by this Act is directed to be hereafter registered, or which is directed, instead of the register now required by law, to take out a new register, according to the form, and in the manner hereinbefore described, shall be permitted, after her first arrival at the port to which she belongs, at the expiration of the notice hereinbefore directed, to clear outwards to foreign parts or coastwise, or to proceed to sea in order to fish on the coasts, or for any other purpose whatever, as a British ship or vessel, or shall be in anywise entitled to the privileges of a British ship or vessel, unless the owner or owners thereof shall have obtained a certificate according to the form, and in the manner hereinbefore described; and in case any such ship or vessel shall depart from such port without being registered, and without having obtained a certificate as aforesaid, every such ship or vessel shall be subject to forfeiture, and also all the guns, furniture, ammunition, tackle, and apparel, to such ship or vessel belonging. XXXIII. And be it further enacted by the authority aforesaid, That if, after the found with- expiration of the notice aforesaid, any ship or vessel (being square rigged) shall be found in any port within the distance of twenty leagues by water from the port to belong, which she belongs, or if any vessel, not being square rigged, be found within any port, other than that to which she belongs, without having obtained the certificate of cates, bond registry hereinbefore directed, it shall and may be lawful to and for the principal officer or officers of such port, and he or they is and are hereby required to detain such ship or vessel, until the master, or other person having or taking the charge or command thereof, shall, if such ship or vessel be under the burthen of fifty tons, give security by bond in the penalty of fifty pounds, in manner hereinafter directed; and if such ship or vessel shall exceed the burthen of fifty tons, and shall not exceed that of one hundred tons, then until the master, or other person having or taking the charge or command thereof, shall, in like manner, give security by bond in the penalty of one hundred pounds; and if such ship or vessel shall exceed the burthen of one hundred tons, then until the master, or other person they shall he pro cated. rigged ves having or taking the charge or command thereof, shall, together with one sufficient security, (to be approved by such principal officer or officers), give bond to his Majesty, his heirs and successors, to be taken by such officer or officers, in the penalty of two hundred pounds, with condition that such master, or other person so having or taking the charge or command of every such ship or vessel, shall forthwith repair with her, as soon as conveniently may be, (or being employed in the fishery on the banks of Newfoundland, and parts adjacent, at the end of the fishing season), to the port to which she belongs, and there cause her to be registered, and procure a certificate of such registry, in the form and manner hereinbefore directed, and produce and deliver to such officer or officers such certificate of registry, within the time limited in the condition of such bond; which limitation of time such officer or officers is and are hereby authorized to fix, according to the distance which such ship or vessel may be from the port to which she belongs, and the nature of the voyage in which she may then be engaged, and on failure of producing and delivering such certificate as aforesaid, such bond shall be forfeited; but if such certificate shall be produced and delivered to such officer or officers within the time so limited in the bond, such bond shall be void and of none effect, and he or they is and are hereby authorized and required to cancel the same: And in case any square rigged ship or vessel, after the If square expiration of the notice aforesaid, shall be found in any port distant more than sels cannot twenty leagues by water from the port to which she belongs, or that the water at the enter the entrance of the port to which such ship or vessel belongs shall be so shallow as not to which they admit her entrance into the same, without endangering the safety of such ship or belong,cervessel, the master, or other person having the charge or command of such ship or may be obvessel, shall, within forty-eight hours after his arrival at such port as aforesaid, make tained known his arrival to the collector and comptroller of the customs, or other principal being surofficer of such port, and shall require such collector and comptroller, or other veyed, &c. principal officer, to cause his ship or vessel to be surveyed by the proper officer at where they such port, who shall be appointed pursuant to the directions of this Act to survey ships and vessels there, and who shall accordingly make a perfect and accurate survey thereof, and certify the several particulars thereof in like manner as is hereinbefore directed, and such collector and comptroller, or other principal officer, shall immediately transmit the said certificate of survey to the persons authorized to register ships and vessels, and grant certificates of registry, at the port to which such ship or vessel belongs, who thereupon, and upon all the other requisites of this Act being complied with, shall register such ship or vessel, and grant a certificate of the registry thereof pursuant to this Act; and it shall and may be lawful to and for the collector and comptroller, or other principal officer or officers of the customs in the port where such ship or vessel shall be so found, and he or they are hereby authorized and required to detain such ship or vessel until a perfect and accurate survey thereof shall be made in manner hereinbefore directed. ports to tificates upon their at the port touch. cates of re at every 1001. XXXIV. And be it further enacted by the authority aforesaid, That after the ex- Certif piration of the notice hereinbefore required, the master or other person having or gistry to be taking the charge or command of every ship or vessel which shall have been registered, produced and shall have procured a certificate of the registry, according to the directions of this port on Act, shall, upon demand, produce such certificate of registry to the principal officer penalty of or officers of every port in his Majesty's dominions, or to the British consul or chief British officer in any foreign port in which such ship or vessel shall arrive, for the inspection of such officer or officers, British consul, or chief British officer, in order to satisfy him or them that she has been properly registered, under the penalty of one hundred pounds. XXXV. And be it further enacted by the authority aforesaid, That the proper officer Certifi cates, &c. to be and an ac them to be missioners at every port and place where registers and certificates shall be granted in pursuance numbered, of this Act, shall progressively number the same as they shall be severally granted, Count of beginning such progressive numeration at the commencement of each and every year; transmitted and shall enter an exact copy of every such certificate, with the number thereof, in a to the com- book to be kept for that purpose; and shall also forthwith, or within one month at of customs, the farthest, transmit to the commissioners of his Majesty's customs in London and Edinburgh, under whom they respectively act, a true and exact copy, together with Penalty for the number of every certificate which shall be by him so granted; and that if any such officer or officers shall neglect or refuse so to do, he or they so offending shall, for the first offence forfeit the sum of one hundred pounds, and shall, for the second offence, forfeit the sum of two hundred pounds, and be dismissed from his or their office or offices. neglect. Copies of certificates XXXVI. And be it also further enacted by the authority aforesaid, That the comgranted in missioners of his Majesty's customs in Scotland shall in like manner transmit, at the Scotland to end of every month in each year, to the commissioners of his Majesty's customs in transmitted England, true and exact copies of all such certificates as shall be granted by them, to the cus or by any officer or officers within the limits of their commission, in pursuance of this in England. Act. be annually tom-house paid on built prior 1786, in lieu of Stamp Sums to be XXXVII. And be it further enacted by the authority aforesaid, That in lieu of all first regis stamp duties now by law imposed on such bonds as shall be entered into by the owner try of ships or owners of any ship or vessel built before the first day of May, one thousand to May 1, seven hundred and eighty-six, or by any person or persons on their behalf, upon such ship or vessel being first registered, and obtaining a certificate in pursuance of this Act, there shall be paid the sum of one shilling, and no more; and that in lieu of all fees duties, &c. and perquisites now payable to any person or persons, on the registry of any ship or vessel, so built before the said first day of May, one thousand seven hundred and eighty-six, there shall be paid on the first registry of every such ship or vessel, pursuant to this Act, the following sums, and no more; (that is to say,) By all ships or vessels decked, or of the burthen of fifteen tons, and not exceeding fifty tons, the sum of one shilling and six pence, and no more; and by all ships or vessels exceeding fifty tons, and not exceeding one hundred tons, the sum of two shillings and sixpence, and no more; and by all ships or vessels exceeding one hundred tons, and not exceeding two hundred tons, the sum of three shillings and sixpence, and no more; and by all ships or vessels exceeding two hundred tons, the sum of five shillings, and no more; which several sums shall be payable to such officers respectively, in the same shares and proportions in which the sums now payable are distributed: duties to Provided always, That the stamp-duties, fees, and perquisites now due and payable be paid, on upon the registry of, or transfer of property in any ship or vessel, shall continue to transfers of be paid as heretofore, save and except upon the first registry in pursuance of this Act, property. of any ship or vessel built and registered before the first day of May, one thousand seven hundred and eighty-six. Stamp continue to XXXVIII. And whereas, since the conclusion of the late war, registers have been granted or promised to ships and vessels not thereunto by law entitled, by his Majesty's governors, or by the officers of his Majesty's customs, in consideration of services rendered to the public by the owners of such ships and vessels, at the time of evacuating the countries, or towns, and posts held by his Majesty's forces in the countries now belonging to the United States of America, or in consideration of the removal of families, to whom such ships and vessels belong, into the countries now belonging to his Majesty: And whereas registers have also in some cases been so granted or promised to other ships and vessels, by the governors of his Majesty's colonies, plantations, islands, and territories, under misconception of the laws thereto, relating thereto, and the property of such ships or vessels has bond fide, and entitled without fraud been transferred to others of his Majesty's subjects, who under the &c. ' protection thereof now use and employ such ships and vessels: And whereas it may ، be therefore just and reasonable, in particular cases, where no fraud or collusion shall appear to have been practised, that such ships and vessels should be admitted to a registry, and that a certificate should be granted to the owners thereof pursuant ، to this act: Be it further enacted by the authority aforesaid, That it shall and may be lawful to and for his Majesty, by and with the advice of his Privy Council, to order any such ship or vessel, under the circumstances before mentioned, to be registered, and to have a certificate thereof, according to the form and in the manner hereinbefore described and directed, if his Majesty in his wisdom shall think fit; and in case any suit shall have been commenced for the condemnation of such ship or vessel, it shall and may be lawful for his Majesty, by order in Council, to direct all proceedings thereupon to be staid, either absolutely, or upon such terms or conditions as his Majesty shall think fit. ing regis ,ships, may of be stopt till governor, or ty's plea known. XXXIX. And be it further enacted by the authority aforesaid, That it shall and Suits commay be lawful for any governor, lieutenant governor, or commander in chief of any the colohis Majesty's colonies, plantations, islands, or territories, and they are hereby respec- nies touchtively authorized and required, in any of the cases aforesaid, if any suit, information, ters grantlibel, or other prosecution or proceeding of any nature or kind whatever shall have cd such been commenced, or shall hereafter be commenced in any Court whatever in any the said colonies, plantations, islands, or territories respectively, touching the force his Majes and effect of any register granted to any ship or vessel, in any of the circumstances sure be such aforesaid, upon a representation made to any lieutenant governor, commander in chief, to cause all proceedings thereon to be staid, if he shall see just cause so to do, until his Majesty's pleasure be known, and certified to him by his Majesty, by and with the advice of his Privy Council; and such governor, lieutenant governor, or commander in chief, is hereby required to transmit to one of his Majesty's principal secretaries of state, to be laid before his Majesty in Council, an authenticated copy of the proceedings in every such case, together with his reasons for causing the same to be staid, and such documents (properly verified) as he may judge necessary for the information of his Majesty.. duty. XL. And be it further enacted by the authority aforesaid, That if any person or Penalty on persons authorized and required by this Act, in respect of his or their office or offices, neglect of to perform any act or thing directed and required to be done or performed pursuant to any of the provisions of this Act, shall wilfully neglect or refuse to do or perform the same, according to the true intent and meaning of this Act, every such person or persons so neglecting or refusing shall, on being duly convicted thereof, forfeit the sum of five hundred pounds, and for the second offence shall forfeit, in like manner, the sum of five hundred pounds, and shall from thenceforth be rendered incapable of serving his Majesty in any office or employment relative to the revenue, or in any civil capacity whatever. making corrupt : XLI. And be it further enacted by the authority aforesaid, That if any person or Persons persons shall falsely make oath to any of the matters hereinbefore required to be so false Baths verified, such person or persons shall suffer the like pains and penalties as are incurred guilty of by persons committing wilful and corrupt perjury; and that if any person or persons perjury shall counterfeit, erase, alter, or falsify any certificate required or directed to be and falsifyobtained by this Act, or shall knowingly or wilfully make use of any certificate so false certicounterfeited, erased, altered, or falsified, such person or persons shall, for every such ficates to offence, forfeit the sum of five hundred pounds. ing or using forfeit 5001. XLII. And be it further enacted by the authority aforesaid, That all the penalties How pe nalties are vered, and officer's share. to be reco- and forfeitures inflicted and incurred by this Act shall and may be sued for, prosecuted what is the and recovered in such Courts, and be disposed of in such manner, and by such ways, means, and methods, as any penalties or forfeitures inflicted, or which may be incurred, for any offence committed against the laws of customs, may now legally be sued for, prosecuted, recovered, and disposed of; and that the officer or officers concerned in seizures or prosecutions under this Act, shall be entitled to and receive the same share of the produce arising from such seizures, as in the case of seizure for unlawful importation, and to such share of the produce arising from any pecuniary fine or penalty, for any offence against this Act, as any officer or officers is or are now by any law or regulations entitled to, upon prosecutions for pecuniary penalties. All Acts relative to for such XLIII. And it is hereby declared and enacted by the authority aforesaid, That all and every matter contained in the said hereinbefore recited Acts, or in any Act or Acts of Parliament heretofore passed, touching the trade, shipping, and navigation of Great Britain, and the colonies, plantations, islands, and territories aforesaid thereunto belonging, which is not hereby expressly altered or repealed, shall remain and conrepealed, tinue in full force and effect, to all intents and purposes whatever; and so far as the same relate to the registry of ships and vessels, shall be deemed and taken to extend and apply in every respect to all ships and vessels authorized and required by this Act to be registered, and to have certificates of registry. are hereby Ships of and regis to enjoy the privileges of British XLIV. And be it enacted by the authority aforesaid, That the ships and vessels lawfully belonging to his Majesty's subjects residing in the kingdom of Ireland, being duly qualified qualified and registered according to the laws now in force, shall continue to enjoy all tered there, the privileges and advantages to which such ships and vessels were by law entitled before the passing of this Act, until the end of four calendar months from the com mencement of the first session of the Parliament of Ireland which shall hereafter sit built ips, during the space of four calendar months, without prorogation or dissolution; and that from the end of that time, every ship or vessel which shall, by virtue of the authority of any Act that may be passed in the said Parliament of Ireland,* be qualified and registered in any of the ports of the said kingdom of Ireland, under similar regu. lations and restrictions to those hereinbefore contained, shall continue to enjoy, to all intents and purposes whatsoever, all the privileges and advantages of a British-built ship, or foreign-built ship owned by his Majesty's subjects, as the case may be, according to the provisions of this Act. c. 34 GEO. 3. c. 68. 1 26 Geo. III. cap. 60. recited, and An Act for the further Encouragment of British Mariners; and for other Purposes 11th June, 1794. therein mentioned. XIV. And whereas by an Act passed in the twenty-sixth year of his Majesty's reign, intituled, An Act for the further Increase and Encouragement of Shipping and Navigation, it is, amongst other things, enacted, That when and so often as the ' property in any ship or vessel belonging to any of his Majesty's subjects shall be transferred to any other or others of his Majesty's subjects, in whole or in part, the * See Irish statute, 27 Geo. 3. c. 90. |