⚫ certificate of the registry of such ship or vessel shall be truly and accurately recited in words at length, in the bill or other instrument of sale thereof, and that otherwise such bill of sale shall be utterly null and void, to all intents and purposes: And whereas doubts have arisen, whether, by the said provision, every transfer of property in any any ship or vessel is required to be made by some bill, or instrument in writing, and whether contracts or agreements for the transfer of such property may not be made without any instrument in writing;' Be it enacted, after Jan. That no transfer, contract, or agreement for transfer, of property, in any ship or transfer of vessel, made, or intended to be made, after the first day of January, one thousand property in seven hundred and ninety-five, shall be valid or effectual for any purpose whatever, to be valid, either in law or in equity, unless such transfer, or contract or agreement for transfer unless made of property, in such ship or vessel, shall be made by bill of sale or instrument in thereto. writing, containing such recital as prescribed by the said recited Act.

1, 1795, no

any vessel

agreeably

tion of

in the port

long, after the

made in a

XV. And whereas by the laws now in force, upon any alteration of property in on alteraany ship or vessel in the same port to which such ship or vessel belongs, an indorse- property ment upon the certificate of registry is required to be made: Be it enacted, in vessels That such indorsement shall, from and after the first day of January one thousand to which seven hundred and ninety-five, be made in the manner and form hereinafter expressed, they be and shall be signed by the person or persons transferring the property of the said Jan. ship or vessel, by sale, or contract or agreement for sale thereof, or by some person 1795, th legally authorized for that purpose by him, her, or them, and a copy of such indorse- ment to be ment shall be delivered to the person or persons authorized to make registry, and grant certain certificates of registry, otherwise such sale, or contract or agreement for the sale form, &c. thereof, shall be utterly null and void, to all intents and purposes whatever; and such person or persons so authorized to make registry, and grant certificates of registry, are hereby required to cause an entry thereof to be indorsed on the oath or affidavit upon which the original certificate of registry of such ship or vessel was obtained, and shall also make a memorandum of the same in the book of registry, and shall forthwith give notice thereof to the commissioners of his Majesty's customs in England and Scotland, under whom they respectively act.

Form of Indorsement on change of Property:

indorse-

ment.

Be it remembered, That [I, or, we] [names, residence, and occupation, of the Form of persons selling] have this day sold and transferred all [my, or, our] right, share, or interest, in and to the ship or vessel [name of the ship or vessel], mentioned in the within certificate of registry, unto names, residence, and occupation, of the purchasers]. Witness [my, or, our, hand, or, hands] this [date in words at full length.]

Signed in the presence of

[two witnesses].

from the

which they

XVI. Provided always, That if any ship or vessel shall be at sea, or absent from the If vessels port to which she belongs, at the time when such alteration in the property thereof be bent shall be made as aforesaid, so that an indorsement or certificate cannot be immediately port to made, the sale, or contract or agreement for the sale thereof, shall notwithstanding belong be made by a bill of sale or other instrument in writing as before directed, and a when alcopy of such bill of sale, or other instrument in writing, shall be delivered, and an the entry thereof shall be indorsed on oath or affidavit, and a memorandum thereof perty shall shall be made in the book of registers, and notice of the same shall be given to the the sale commissioners of the customs, in the manner bereinbefore directed; and within ten shall still

teration in

be made,

as before directed,

&c.

Regulations for

transfer of

owners re

ander the

jesty.

days after such ship or vessel shall return to the port to which she belongs, an indorsement shall be made and signed by the owner or owners, or some person legally authorized for that purpose by him, her, or them, and a copy thereof shall be delivered in manner hereinbefore mentioned, otherwise such bill of sale, or contract or agreement for sale thereof, shall be utterly null and void, to all intents and purposes whatsoever, and entry thereof shall be indorsed, and a memorandum thereof made in the manner hereinbefore directed.

XVII. Provided also, and be it enacted, that in all cases where the owner or owners of any ship or vessel shall reside in any country not under the dominion of property his Majesty, his heirs and successors, as member or members of some British factory, where or agent or agents for, or partner or partners in, any house or copartnership actually side in any carrying on trade in Great Britain or Ireland at the time when he, she, or they country not shall transfer such property in any ship or vessel, so that an indorsement cannot be dominion made immediately, nor a copy of such bill of sale, or other instrument in writing, of his Ma- be delivered, nor an entry thereof indorsed on the oath or affidavit, nor a memorandum thereof made in the book of registers, nor notice of the same given to the commissioners of the customs, in the manner before-mentioned, the same may be done at any time within six months after such transfer shall have been made, and that within ten days after, such owner or owners, or some person legally authorized for that purpose by him, her, or them, shall arrive in this kingdom, if such ship or vessel shall then be in any port of this kingdom, and if not, then within ten days after such ship or vessel shall so arrive, an indorsement shall be made by the owner or owners, or some person legally authorized for that purpose by him, her, or them, and a copy thereof shall be delivered in manner hereinbefore mentioned, otherwise such bill of sale, or contract or agreement for sale thereof, shall be utterly null and void, to all intents and purposes whatsoever, and entry thereof shall be indorsed, and a memorandum thereof made, in the manner hereinbefore directed.

28 Geo. III. cap. 34.

Mode of

masters

XVIII. And whereas by an Act passed in the twenty-eighth year of the reign of his present Majesty, intituled, An Act more effectually to secure the Performance of • Quarantine, and for amending several Laws relating to the Revenue of Customs, ⚫ certain provisions were, amongst other things, made to prevent the masters of ships or vessels from wilfully and maliciously detaining and refusing to deliver up the certificates of ships registry, to the prejudice of the owners of such ships or ⚫ vessels: And whereas the good purposes intended by those provisions have not been effected; and it is therefore expedient to make further provisions for preventing the masters of ships or vessels from withholding certificates of registry, to the prejudice of the owners of such ships or vessels:' Be it therefore enacted by the authority proceed- aforesaid, That in case the master of any ship or vessel, who shall have received the ings when certificate of the registry thereof, (whether such master shall be a part owner or not,) withhold shall wilfully detain and refuse to deliver up the same to the proper officers impowered of registry, to make registry and grant a certificate thereof, on the owner or owners, or the major part of the owners, of such ship or vessel, if such master has not any property therein, or on the other owner or owners, or the major part of the other owners, of such ship or vessel, if such master hath any share or property therein, requiring him so to do, it may and shall be lawful to and for the owner or owners, or the major part of the owners, of such ship or vessel, the certificate of registry of which shall be detained and refused to be delivered up as aforesaid, to make complaint on oath against the master of the ship or vessel who shall so detain and refuse to deliver up the same, of such detainer and refusal, to any justice of the peace residing near to the place where such detainer and refusal shall be in Great Britain, or to any member of the supreme court of justice, or any justice of the peace in the islands of Jersey, Guernsey, or

certificates

withhold

Man, or in any colony, plantation, island, or territory, to his Majesty belonging in America, or the West Indies, where such detainer and refusal shall be in any of the places last-mentioned; and on such complaint the said justice or other magistrate shall, and is hereby required, by warrant under his hand and seal, to cause such master to be brought before him, to be examined touching such detainer and refusal; and if it Penalty for shall appear to the said justice or other magistrate on examination of the master, ing certifi or otherwise, that the said certificate of registry is not lost or mislaid, but is wilfully cates, detained by the said master, such master shall be thereof convicted, and shall forfeit and pay the sum of one hundred pounds, and on failure of payment thereof, he shall be committed to the common gaol, there to remain, without bail or mainprize, for such time as the said justice or other magistrate shall in his discretion deem proper, not being less than six months nor more than twelve months.

certify de

cates, on

XIX. And be it further enacted, That the said justice or other magistrate shall, and Justices to he is hereby required to certify the aforesaid detainer, refusal, and conviction, to the tainer of person or persons who granted such certificate of registry for such ship or vessel, who certiashall, on the terms and conditions of law being complied with, make registry of such which reship or vessel de novo, and grant a certificate thereof conformably to law, notifying on gistry may the back of such certificate the ground upon which the ship or vessel was so registered de nove. de novo.

be made

transferred

registered

the register

sale be pro

XX. And whereas it is expedient that the officers impowered to make registry of Where 'ships and vessels, and to grant certificates thereof, in case any such ship or vessel is property is required to be registered de novo, should be authorized to require the production to be ' of every bill or other instrument of sale, by which the property in any ship or vessel regist • is transferred:' Be it therefore enacted by the authority aforesaid, That when and de novo by so often as the property in any ship or vessel belonging to any of his Majesty's subjects unless inshall by sale be transferred, in whole or in part, to any other or others of his Majesty's strument of subjects, and such ship or vessel shall be required to be registered de novo, it shall and duced: may be lawful to and for all and every the officer and officers impowered to make registry of ships and vessels, and to grant certificates thereof, to require, and he and they are hereby authorized and directed to require, the bill or other instrument of sale thereof to be produced to him or them; and in case such bill or other instrument of sale shall be so required to be produced, and the same shall not be produced to such officer or officers, the said officer or officers shall not make a registry, nor grant a certificate of registry de novo, for any such ship or vessel: Provided always, that it but the shall and may be lawful for the commissioners of his Majesty's customs in England, con or any four or more of them, and the commissioners of his Majesty's customs in the customs Scotland, or any three or more of them respectively, if application shall be made give dito the said commissioners of the customs in England and Scotland respectively, and rections for the governor, lieutenant governor, or commander in chief, for the time being, of the islands of Guernsey or Jersey, or of any colony, plantation, island, or territory, to his Majesty belonging, if such application shall be made to any of them respectively, upon due consideration of the particular circumstances of the case, to give direction for registering such ship or vessel de novo, and granting a certificate of such registry, notwithstanding such bill or other instrument of sale shall not have been produced as aforesaid, and such registry shall be made and such certificate thereof shall be granted accordingly: Provided always, that all the other regulations required by the laws in force concerning the registry de novo of ships and vessels be complied with.

commissi oners of

&c. may

for the re

gistry.

XXI. And whereas by an Act passed in the seventh and eighth years of the reign 7 and 8 of his late Majesty King William Third, intituled, An Act for preventing Frauds, Gul. III. and regulating Abuses in the Plantation Trade, it is, amongst other things, enacted,

that in case there be any alteration of property in the same port, by the sale of one

VOL. I.

M

cap. 22

On alteration of

property in vessels in the same

or more shares in any ship, after registering thereof, such sale shall always be acknowledged by indorsement on the certificate of the register before two witnesses, in order to prove that the entire property in such ship remains to some of the subjects of England: And whereas it is expedient to authorize and require the proper officers impowered to register ships and vessels, and to grant certificates thereof, to issue registers de novo in any case where part of the property of any ship or vessel shall be so transferred, if the owners or proprietors of such ship or vessel, who were owners thereof at the time such ship or vessel was last registered, or whose property therein has not been so transferred, shall be desirous of having a certificate of registry de novo, instead of the indorsement on the old register, as now required :' port, they Be it therefore enacted by the authority aforesaid, That in case there shall be any may be re- alteration of property in the same port, by the sale of one or more shares in any ship or vessel, after registering thereof, and the owner or owners, proprietor or proprietors, of such ship or vessel, who were owners or proprietors thereof at the time such ship or vessel was last registered, or whose property therein has not been so transferred, shall be desirous of having the ship or vessel registered de novo, it shall and may be lawful to and for the proper officers impowered to register ships and vessels, and to grant certificates thereof, and such officers are hereby authorized and required to register every such ship or vessel de novo, provided all the rules, regulations, and conditions of the before-recited Act, passed in the the twenty-sixth year of the reign of his present Majesty, and of all other laws in force concerning the registry of ships and vessels de novo, be complied with.

gistered

de nove.

From

March 1,

property to

his Majes

.

XXII. And whereas British ships or vessels, the property of which is in whole ⚫ or in part transferred to persons not being subjects of his Majesty, are not entitled to the privileges of British ships and vessels; and to prevent frauds in the employment of such ships or vessels as British ships or vessels, contrary to the intention of the laws of navigation, they are now by law required, in certain cases, to be registered de novo; for which purpose it is necessary that such ship or vessel should proceed, with all due diligence, to the port to which she belongs, or to any other port ' in which she may be legally registered, by virtue of the said Act, passed in the twenty-sixth year of his present Majesty's reign, in order to be registered de novo? Be it enacted, That from and after the first day of March one thousand seven hundred 1795, on and ninety-five, as often as any such transfer of property in any ship or vessel shall transfer of be made, while such ship or vessel is upon the sea, on a voyage to a foreign port persons not or ports, in case the master of such ship or vessel is privy to such transfer, or, in case subjects of he is not so privy, as soon as he shall become acquainted therewith, such ship or ty, masters vessel shall proceed directly to the port or ports for which the cargo then on board of vessels is destined, and shall sail from such port or ports, to which the cargo then on board herein di- is destined, to the port of his Majesty's dominions to which she belongs, or to any other such port in which she may be legally registered by virtue of the said Act, and such ship or vessel may take on board, in the port or ports for which her original cargo was destined, or in any other port or ports, being in the course of her voyage to the port of his Majesty's dominions in which she may be so registered de novo, such cargo, and no other, as shall be destined and may be legally carried to such port of his Majesty's dominions, where she may be so registered de novo; and if such transfer of property shall be made while such ship or vessel is in any foreign port, and the master of such ship or vessel is privy to such transfer, or, in case he is not so privy, as soon as he shall become acquainted therewith, such ship or vessel, after having delivered the cargo then on board such ship or vessel at the port or ports for which it is destined, shall sail from such port or ports to the port of his Majesty's dominions to which she belongs, or to any other such port in which she may be legally registered by

to act as

rected.

compliance

to be deem

ed foreign,

virtue of the said Act, and may take on board, at the port or ports for which her original cargo was so destined, or at any other port, being in the course of her voyage to the port of his Majesty's dominions in which she may be so registered de novo, such cargo, and no other, as shall be destined, and may be legally carried to such port of his Majesty's dominions, where she may be so registered de novo; and if such transfer of property shall be made while such ship or vessel is on a fishing voyage, and the master of such ship or vessel is privy to such transfer, or, in case he is not so privy, as soon as he shall become acquainted therewith, such ship or vessel, after having finished such fishing voyage, without touching at any foreign port or ports, except for the purpose of repairs or refreshments, or for delivering any part of the cargo she may have on board destined for such foreign port or ports, shall sail to the port of his Majesty's dominions to which she belongs, or to any other such port where she may be legally registered by virtue of the said Act, and may take on board, at the foreign port or ports last described, or at any other port or ports, being in the course of her voyage to the port of his Majesty's dominions where she may be so registered de novo, such cargo, and no other, as shall be destined and may be legally carried to such port of his Majesty's dominions, and every such ship or vessel as aforesaid shall be registered de novo as soon as she returns to the port of his Majesty's dominions to which she be longs, or to any other such port in which she may be legally registered by virtue of the said Act; on failure whereof such ship or vessel shall, to all intents and purposes, And on be from thenceforth considered, and deemed and taken to be a foreign ship or vessel, failure of and shall not again be registered, and be entitled to the privileges of a British ship or the vessels vessel, unless upon special representation of the circumstances of the case to four or more of the commissioners of his Majesty's customs in England, or to three or more and not of the commissioners of his Majesty's customs in Scotland, or to the governor, lieu- to the tenant governor, or commander in chief, for the time being, of the islands of British Guernsey or Jersey, or of any colony, plantation, island, or territory, to his Majesty vessels, unbelonging, as the case may be, the said commissioners, governor, lieutenant governor, less the or commander in chief, shall respectively, on consideration of the special circumstances one of the case, think fit to order; and in such case, they are hereby authorized to order the cus that the said ship or vessel shall be registered, and be thereby again entitled to the think t privileges of a British ship or vessel, and such registry shall be made, and such certificate thereof shall be granted accordingly: Provided always, that all the regulations required by the laws in force, concerning the first registry of ships and vessels, shall in every such case be complied with: Provided nevertheless, that in no case of the transfer of property, in whole or in part, of any ship or vessel, in the manner hereinbefore mentioned, the ship or vessel, of which the property is so transferred, shall be on trans registered de novo, or be entitled to the privileges of a British ship or vessel, unless property such ship or vessel shall return to the port of his Majesty's dominions to which she vessels to belongs, or to such other port in which she may be registered de novo, within the period terr of twelve months after the date of such transfer of property, if such ship or vessel novo within shall not be on a voyage to the east of the Cape of Good Hope, or to the west of Cape times. Horn, or within two years, if the ship or vessel is on a voyage to the east of the Cape of Good Hope, or to the west of Cape Horn, at the time such transfer of property shall take place, except by the order of the said commissioners, governor, lieutenant governor, or commander in chief respectively, upon special representation of the circumstances of the case, in manner hereinbefore authorized.

entitled

to the pri

commissi

toms, &c.

&c.

fer of

be regis

limited

The principal provisions of the celebrated Navigation Act and subsequent statutes, OBERVA are fourfold, relating: First, to the coasting trade of this country; Secondly, to the trade THE

M 2

TIONS ON

STATUT