declaration aforesaid, shall further declare that the part owner or part owners of such ship or vessel then absent is or are not resident within 20 miles of such port or 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 making the declaration herein-before directed to be made and subscribed, or is or are prevented by illness from attending to make and subscribe the said declaration. - § 14.

Vessels to be surveyed previous to Registry. In order to enable the collector and comptroller of customs to grant a certificate truly and accurately describing every ship or vessel to be registered in pursuance of this act, and also to enable all other officers of H. M.'s customs, on due examination, to discover whether any such ship or vessel is the same with that for which a certificate is alleged to have been granted, be it enacted that previous to the registering or granting of any certificate of registry as aforesaid some one or more person or persons appointed by the commissioners of H. M.'s customs (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 ship or vessel as is to be registered, and shall strictly and accurately examine and admeasure every such ship or vessel as to all and every particular contained in the form of the certificate herein before 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 particulars of the build, description, and admeasurement of every such ship or vessel as are specified in the form of the certificate above recited to the collector and comptroller authorized as aforesaid to make such registry and grant such certificate of registry; and the said master 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. — § 15.

N. B. The 16th, 17th, 18th, 19th, 20th, 21st, and 22nd clauses of this act relating to the mode of ascertaining the tonnage of ships, are given under the word TONNAGE.

Bond to be given at the Time of Registry.-At the time of obtaining of the certificate of registry as aforesaid sufficient security by bond shall be given to her H. M., her heirs and successors, by the master and such of the owners as shall personally attend as is herein-before required, such security to be approved of and taken by the person or persons herein-before authorized to make such registry and grant such certificate of registry, at the port or place in which such certificate shall be granted, in the penalties following; viz. if such ship or vessel shall be a decked vessel, or be above the burden of 15 tons, and not exceeding 50 tons, then in the penalty of 1007.; if exceeding the burden of 50 tons, and not exceeding 100 tons, then in the penalty of 3007.; if exceeding the burden of 100 tons, and not exceeding 200 tons, then in the penalty of 5001.; if exceeding the burden of 200 tons, and not exceeding 300 tons, then in the penalty of 8001.; and if exceeding the burden of 300 tons, then in the penalty of 10007: and the condition of every such hond 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 ship or vessel for which it is granted; and that in case such ship or vessel shall be lost or taken by the enemy, burnt or broken up, or otherwise prevented from returning to the port to which she belongs, or shall on any account have lost and forfeited the privileges of a British ship, or shall have been seized and legally condemned for illicit trading, or shall have been taken in execution for debt, and sold by due process of law, or shall have been sold to the crown, or shall under any circumstances have been registered de novo, the certificate, if preserved, shall be delivered up within one month after the arrival of the master in any port or place in H. M.'s dominions to the collector and comptroller of some port in Great Britain, or of the Isle of Man, or of the British plantations, or to the governor, lieutenantgovernor, or commander-in-chief for the time being of the islands of Guernsey or Jersey; and that if any foreigner, or any person or persons for the use and benefit of any foreigner, shall purchase or otherwise become entitled to the whole or to any part or share of or any interest in such ship or vessel, and the same shall be within the limits of any port of Great Britain, or of the islands of Guernsey, Jersey, or Man, or of the British colonies, plantations, islands, or territories aforesaid, then and in such case the certificate of registry shall, within 7 days after such purchase or transfer of property in such ship or vessel, be delivered up to the person or persons herein-before authorized to make registry, and grant certificate of registry, at such port or place respectively as aforesaid; and if such ship or vessel shall be in any foreign port when such purchase or transfer of property shall take place, then that the certificate shall be delivered up to the British consul or other chief British officer resident at or nearest to such foreign port, or if such ship or vessel shall be at sea when such purchase or transfer of property shall take place, then that the certificate shall be delivered up to the British consul or other chief British officer at the foreign port or place in or at which the master or other person having or taking the charge or command of such ship or vessel shall first arrive after such purchase or transfer of property at sea, immediately after his arrival at such foreign port; but if such master or other person who had the command thereof at the time of such purchase or transfer of property at sea shall not arrive at a foreign port, but shall arrive at some port of Great Britain, or of the islands of Guernsey, Jersey, or Man, or of H. M.s' said colonies, plantations, islands, or territories, then that the certificate shall be delivered up in manner aforesaid within 14 days after the arrival of such ship or vessel, or of the person who had the command thereof in any port of Great Britain, or of the islands of Guernsey, Jersey, or Man, or of any of H. M.'s said colonies, plantations, islands, or territories: provided always, that if it shall happen that at the time of registry of any ship or vessel the same shall be at any other port than the port to which she belongs, so that the master of such ship or vessel cannot attend at the port of registry to join with the owner or owners in such bond as aforesaid, it shall be lawful for him to give a separate bond to the like effect at the port where such ship or vessel may then be, and the collector and comptroller of such other port shall transmit such bond to the collector and comptroller of the port where such ship or vessel is to be registered; and such bond, and the bond also given by the owner or owners, shall together be of the same effect against the master and owner or owners, or either of them, as if they had bound themselves jointly and severally in one bond. - § 23.

When Master is changed, new Master to give similar Bond. When and so often as the master or other person having or taking the charge or command of any ship or vessel, registered in manner hereinbefore directed, shall be changed, the master or owner of such ship or vessel shall deliver to the person or persons herein-before authorized to make such registry, and grant such certificates of registry, at the port where such change shall take place, the certificate of registry belonging to such ship or vessel, who shall thereupon endorse and subscribe a memorandum of such change, and shall forthwith give notice of the same to the proper officer of the port or place where such ship or vessel was last registered pursuant to this act, who shall likewise make a memorandum of the same in the book of registers which is hereby directed and required to be kept, and shall forthwith give notice thereof to the commissioners of H. M.'s customs: provided always, that before the name of such new master shall be endorsed on the certificate of registry he shall be required to give and shall give a bond in the like penalties and under the same conditions as are contained in the bond herein-before required to be given at the time of registry of any ship or vessel. - § 24.

Bonds liable to same Duties as Bonds for Customs. All bonds required by this act shall be liable to the same duties of stamps as bonds given for or in respect of the duties of customs are or shall be liable to under any act for the time being in force for granting duties of stamps. - § 25.

Certificate of Registry to be given up by all Persms. If any person whatever shall at any time have possession of and wilfully detain any certificate of registry granted under this or any other act, which ought to be delivered up to be cancelled, according to any of the conditions of the bond herein-before

required to be given upon the registry of any ship or vessel, such person is hereby required and enjoined to deliver up such certificate of registry in manner directed by the conditions of such bond in the respective cases and under the respective penalties therein provided. - § 26.

Name of Vessel which has been registered never afterwards to be changed, and to be painted on the stern. It shall not be lawful for any owner or owners of any ship or vessel to give any name to such ship or vessel other than that by which she was first registered in pursuance of this or any other act; and the owner or owners of all and every ship or vessel which shall be so registered shall, before such ship or vessel after such registry shall begin to take in any cargo, paint or cause to be painted in white or yellow letters, of a length of not less than four inches, upon a black ground, upon some conspicuous part of the stern, the name by which such ship or vessel shall have been registered, and the port to which she belongs, in a distinct and legible manner, and shall so keep and preserve the same; and it such owner or owners, or master or other person having or taking the charge or command of such ship or vessel, shall permit such ship or vessel to begin to take in any cargo before the name of such ship or versel has been so painted as aforesaid, or shall wilfully alter, erase, obliterate, or in anywise hide or conceal, or cause or procure or permit the same to be done, (unless in the case of square-rigged vessels in time of war,) or shall, in any written or printed paper or other document describe such ship or vessel by any name other than that by which she was first registered, or shall verbally describe or cause or procure or permit such ship or vessel to be described by any other name to any officer or officers of H. M.'s revenue in the due execution of his or their duty, then and in every such case such owner or owners,

or master or other

the sum of 1001.Person having or taking the charge or command of such ship or vessel, shall forfeit

Builder's Certificate of Particulars of Ship. All and every person and persons who shall apply for a certificate of the registry of any ship or vessel shall and they are hereby required to produce to the person or persons authorized to grant such certificate a true and full account, under the hand of the builder of such ship or vessel, of the proper denomination of such vessel, and of the time when and the place where such ship or vessel was built, and also an exact account of the tonnage of such ship or vessel, together with the name of the first purchaser or purchasers thereof, (which account such builder is hereby directed and required to give under his hand, on the same being demanded by such person or persons so applying for a certificate as aforesaid,) and shall also make and subscribe a declaration before the person or persons herein-before authorized to grant such certificate that the ship or vessel for which such certificate is required is the same with that which is so described by the builder as aforesaid: provided always, that where by reason of the death of such builder, or some other unavoidable cause, such certificate cannot be produced, it shall be lawful for the commissioners of customs, on proot being made to their satisfaction of all the particulars required as aforesaid, to dispense with the account hereby required under the hand of the builder, and to allow the certificate of registry to be granted.-§ 28. Certificate of Registry lost or mislaid. If the certificate of registry of any ship or vessel shall be lost or mislaid so that the same cannot be found or obtained for the use of such ship or vessel when needful, and proof thereof shall be made to the satisfaction of the commissioners of customs, such com. missioners shall and may permit such ship or vessel to be registered de novo, and a certificate thereof to be granted: provided always, that if such ship or vessel be absent and far distant from the port to which she belongs, or by reason of the absence of the owner or owners, or of any other impediment, registry of the same cannot then be made in sufficient time, such commissioners shall and may grant a licence for the present use of such ship or vessel, which licence shall, for the time and to the extent specified thereit, and no longer, be of the same force and virtue as a certificate of registry: provided also, that before such registry de novo be made the owner or owners and master shall give bond to the commissioners aforesaid, in such sum as to them shall seem fit, with a condition that if the certificate of registry shall at any time afterwards be found the same shall be forthwith delivered to the proper officers of customs to be cancelled, and that no illegal use has been or shall be made thereof with his or their privity or knowledge; and further, that before any such licence shall be granted as aforesaid the master of such ship or vessel shall also make and subscribe a declaration that the same has been registered as a British ship, naming the port where and the time when such registry was made, and all the particulars contained in the certificate thereof, to the best of his knowledge and belief, and shall also give such bond and with the same condition as is herein before mentioned: provided also, that before any such licence shall be granted such ship or vessel shall be surveyed in like manner as if a registry de novo were about to be made thereof, and the certificate of such survey shall be preserved by the collector and comptroller of the port to which such ship or vessel shall belong; and in virtue thereof it shall be lawful for the said commissioners and they are hereby required to permit such ship or vessel to be registered after her departure, whenever the owner or owners shall personally attend to take and subscribe the declaration required by this act before registry be made, and shall also comply with all other requisites of this act, except so far as relates to the bond to be given by the master of such ship or vessel, which certificate or registry the said commissioners shall and may transmit to the collector and comptroller of any other port, to be by them given to the master of such ship or vessel upon his giving such bond, and delivering up the licence which had been granted for the then present use of such ship or vessel. § 29. Persons detaining Certificate of Registry to forfeit 1001. — In case any person who shall have received or obtained, by any means or for any purpose whatever, the certificate of the registry of any ship or vessel, (whether such person shall claim to be the master or to be the owner or one of the owners of such ship or vessel or not,) shall wilfully detain and refuse to deliver up the same to the proper officers of customs for the purposes of such ship or vessel, as occasion shall require, or to the person or persons having the actual command, possession, and management of such ship or vessel as the ostensible and reputed master, or as the ostensible and reputed owner or owners thereof, it shall be lawful to and for any such last-mentioned person to make complaint, on oath, 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 Ireland, or to any member of the supreme court of justice, or to any deemster or justice of the peace, in the islands of Jersey, Guernsey, or Man, or in any colony, plantation, island, or territory to H. M. belonging in Asia, Africa, or America, or in Malta, Gibraltar, or Heligoland, 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 the person so complained against to be brought before him to be examined touching such detainer and refusal; and if it shall appear to the said justice or other magistrate, on examination of such person or otherwise, that the said certificate of registry is not lost or mislaid, but is wilfully detained by the said person, such person shall be thereof convicted, and shall forfeit and pay the sum of 1007., 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 3 months, nor more than 12 months; and the said justice or other magistrate shall certify the aforesaid detainer, refusal, and conviction to the person or persons who granted such certificate of registry for such ship or vessel, who shall, on the terms and conditions of law being complied with, make registry of such ship or vessel de novo, and grant a certificate thereof conformably to law, notifying on the back of such certificate the ground upon which such ship or vessel was so registered de novo; and if the person who shall have detained and refused to deliver up such certificate of registry as aforesaid, or shall be verily believed to have detained the same, shall have absconded, so that the said warrant of the justice or other magistrate cannot be executed upon him, and proof thereof shall be made to the satisfaction of the commissioners of customs, it shall be lawful for the said commissioners to permit such ship or vessel to be registered de novo, or otherwise, in their discretion, to grant a licence for the present use of

such ship or vessel, in like manner as is herein-before provided in the case wherein the certificate of registry is lost or mislaid. § 30.

Ship altered in certain Manner to be registered de novo. - If any ship or vessel, after she shall have been registered, shall in any manner whatever be altered so as not to correspond with all the particulars contained in the certificate of her registry, in such case such ship or vessel shall be registered de novo, in manner herein-before required, as soon as she returns to the port to which she belongs, or to any other port which shall be in the same part of the U. K., or in the same colony, plantation, island, or territory as the said port shall be in, on failure whereof such ship or vessel shall to all intents and purposes be considered and deemed and taken to be a ship or vessel not duly registered.-§ 31.

Vessels condemned as Prize, or for Breach of Laws against Slave Trade. The owner or owners of all ships and vessels taken by any of H. M.'s ships or vessels of war, or by any private or other ship or vessel, and condemned as lawful prize in any court of admiralty, or of ships or vessels condemned in any competent court as forfeited for breach of the laws for the prevention of the slave trade, shall, for the purpose of registering any such ship or vessel, produce to the collector and comptroller of customs a certificate of the condemnation of such ship or vessel under the hand and seal of the judge of the court in which such ship or vessel shall have been condemned (which certificate such judge is hereby authorized and required to grant), and also a true and exact account in writing of all the particulars contained in the certificate herein-before set forth, to be made and subscribed by 1 or more skilful person or persons to be appointed by the court then and there to survey such ship or vessel, and shall also make and subscribe a declaration before the collector and comptroller that such ship or vessel is the same vessel which is mentioned in the certificate of the judge aforesaid. — § 32.

Prize Vessels not to be registered at Guernsey, Jersey, or Man, but at certain Ports. No ship or vessel which shall be taken and condemned as prize or forfeiture as aforesaid shall be registered in the islands of Guernsey, Jersey, or Man, although belonging to H. M.'s subjects residing in those Islands, or in some one or other of them, but the same shall be registered either at Southampton, Weymouth, Exeter, Plymouth, Falmouth, Liverpool, or Whitehaven by the collector and comptroller at such ports respectively, who are hereby authorized and required to register such ship or vessel, and to grant a certificate thereof in the form and under the regulations and restrictions in this act contained. — § 33. Transfer of Interest to be made by Bill of Sale. When and so often as the property in any ship or vessel, or any part thereof, belonging to any of H. M.'s subjects, shall, after registry thereof, be sold to any other or others of H. M.'s subjects, the same shall be transferred by bill of sale or other instrument in writing containing a recital of the certificate of registry of such ship or vessel, or the principal contents thereof, otherwise such transfer shall not be valid or effectual for any purpose whatever either in law or in equity provided always, that no bill of sale shall be deemed void by reason of any error in such recital, or by the recital of any former certificate of registry instead of the existing certificate, provided the identity of the ship or vessel intended in the recital be effectually proved thereby. § 34.

Property in Ships to be divided into 64 Parts or Shares. The property in every ship or vessel of which there is more than one owner shall be taken and considered to be divided into 64 equal parts or shares, and the proportion held by each owner shall be described in the registry as being a certain number of 64th parts or shares, and that no person shall be entitled to be registered as an owner of any ship or vessel in respect of any proportion of such ship or vessel which shall not be an integral 64th part or share of the same; and upon the first registry of any ship or vessel, the owner or owners who shall take and subscribe the declaration required by this act before registry be made shall also declare the number of such parts or shares then held by each owner, and the same shall be so registered accordingly: provided always, that if it shall at any time happen that the property of any owner or owners in any ship or vessel cannot be reduced by division into any number of integral 64th parts or shares, it shall and may be lawful for the owner or owners of such fractional parts as shall be over and above such number of integral 64th parts or shares into which such property in any ship or vessel can be reduced by division to transfer the same one to another, or jointly to any new owner, by memorandum upon their respective bills of sale, or by fresh bill of sale, without such transfer being liable to any stamp duty: provided also, that the right of any owner or owners to any such fractional parts shall not be affected by reason of the same not having been registered: provided also, that it shall be lawful for any number of such owners named and described in such registry, being partners in any house or copartnership actually carrying on trade in any part of H. M.'s dominions, to hold any ship or vessel, or any share or shares of any ship or vessel, in the name of such house or copartnership, as joint owners thereof, without distinguishing the proportionate interest of each of such owners; and that such ship or vessel, or the share or shares thereof so held in copartnership, shall be deemed and taken to be partnership property to all intents and purposes, and shall be governed by the same rules both in law and equity as relate to and govern all other partnership property in any other goods, chattels, and effects whatsoever. - § 35.

Only 32 Persons to be Owners of any Ship at one Time. No greater number than 32 persons shall be entitled to be legal owners at one and the same time of any ship or vessel as tenants in common, or to be registered as such: provided always, that nothing herein contained shall affect the equitable title of minors, heirs, legatees, creditors, or others, exceeding that number, duly represented by or holding from any of the persons within the said number registered as legal owners of any share or shares of such ship or vessel: provided also, that if it shall be proved to the satisfaction of the commissioners of customs that any number of persons have associated themselves as a joint-stock company for the purpose of owning any ship or vessel, or any number of ships or vessels, as the joint property of such company, and that such company have duly elected or appointed any number not less than 3 of the members of the same to be trustees of the property in such ship or vessel or ships or vessels so owned by such company, it shall be lawful for such trustees, or any 3 of them, with the permission of such commissioners, to make and subscribe the declaration required by this act before registry be made, except that instead of stating therein the names and descriptions of the other owners, they shall state the name and description of the company to which such ship or vessel or ships or vessels shall in such manner belong. — § 36.

Bills of Sale not effectual until produced to Officers of Customs, &c.—No bill of sale or other instrument in writing shall be valid and effectual to pass the property in any ship or vessel, or in any share thereof, or for any other purpose, until such bill of sale or other instrument in writing shall have been produced to the collector and comptroller of the port at which such ship or vessel is already registered, or to the collector and comptroller of any other port at which she is about to be registered de novo, as the case may be, nor until such collector and comptroller respectively shall have entered in the book of such last registry in the one case, or in the book of such registry de novo, after all the requisites of law for such registry de novo shall have been duly complied with, in the other case, (and which they are respectively hereby required to do upon the production of the bill of sale or other instrument for that purpose,) the name, residence, and description of the vendor or mortgagor, or of each vendor or mortgagor if more than one, the number of shares transferred, the name, residence, and description of the purchaser or mortgagee, or of each purchaser or mortgagee if more than one, and the date of the bill of sale or other instrument and of the production of it; and further, if such ship or vessel is not about to be registered de novo, the collector and comptroller of the port where such ship is registered shall and they are hereby required to endorse the aforesaid particulars of such bill of sale or other instrument on the certificate of registry of the said ship or vessel, when the same shall be produced to them for that purpose, in manner and to the effect following; viz.,

"Custom-house [port and date; name, residence, and description of vendor or mortgagor] has transferred by [bill of sale or other instrument], dated [date; number of shares] to [name, "residence, and description of purchase; or mortgagee). A.. Collector. C. D. Comptroller."

and forthwith to give notice thereof to the commissioners of customs; and in case the collector and comptroller shall be desired so to do, and the bill of sale or other instrument shall be produced to them for that purpose, then the said collector and comptroller are hereby required to certify by endorsement upon the bill of sale or other instrument that the particulars before mentioned have been so entered in the book of registry, and endorsed upon the certificate of registry as aforesaid. — § 37.

Entry of Bill of Sale to be valid, except in certain Cases. When and so soon as the particulars of any bill of sale or other instrument by which any ship or vessel, or any share or shares thereof, shall be transferred, shall have been so entered in the book of registry as aforesaid, the said bill of sale or other instrument shall be valid and effectual to pass the property thereby intended to be transferred as against all and every person and persons whatsoever, and to all intents and purposes, except as against such subsequent purchasers and mortgagees who shall first procure the endorsement to be made upon the certificate of registry of such ship or vessel in manner herein-after mentioned. - § 38.

When a Bill of Sale has been entered for any Shares, Thirty Days shall be allowed for endorsing the Certificate When and after the particulars of any bill of sale or other instrument by which any ship or vessel, of any share or shares thereof, shall be transferred, shall have been so entered in the book of registry as aforesaid, the collector and comptroller shall not enter in the book of registry the particulars of any other bill of sale or instrument purporting to be a transfer by the same vendor or mortgagor or vendors or mortgagors of the same ship or vessel, share or shares thereof, to any other person or persons, unless thirty days shall elapse from the day on which the particulars of the former bill of sale or other instrument were entered in the book of registry, or in case the ship or vessel wa absent from the port to which she belonged at the time when the particulars of such former bill of sale or other instrument were entered in the book of registry, then unless thirty days shall have elapsed from the day on which the ship or vessel arrived at the port to which the same belonged; and in case the particulars of two or more such bills of sale or other instruments as aforesaid shall at any time have been entered in the book of registry of the said ship or vessel, the collector and comptroller shall not enter in the book of registry the particulars of any other bill of sale or other instrument as aforesaid, unless thirty days shall in like manner have elapsed from the day on which the particulars of the last of such bills of sale or other instrument were entered in the book of registry, or from the day on which the ship or vessel arrived at the port to which she belonged, in case of her absence as aforesaid; and in every case where there shall at any time happen to be 2 or more transfers by the same owner or owners of the same property in any ship or vessel entered in the book of registry as aforesaid, the collector and comptroller are hereby required to endorse upon the certificate of registry of such ship or vessel the particulars of that bill of sale or other instrument under which the person or persons claims or claim property, who shall produce the certificate of registry for that purpose within 30 days next after the entry of his said bill of sale or other instrument in the book of registry as aforesaid, or within 30 days next after the return of the said ship or vessel to the port to which she belongs, in case of her absence at the time of such entry as aforesaid; and in case no person or persons shall produce the certificate of registry within either of the said spaces of 30 days, then it shall be lawful for the collector and comptroller and they are hereby required to endorse upon the certificate of registry the particulars of the bill of sale or other instrument to such person or persons as shall first produce the certificate of registry for that purpose, it being the true intent and meaning of this act that the several purchasers and mortgagees of such ship or vessel, share or shares thereof, when more than one appear to claim the same property, or to claim security on the same property, in the same rank and degree, shall have priority one over the other, not according to the respective times when the particulars of the bill of sale or other instrument by which such property was transferred to them were entered in the book of registry as aforesaid, but according to the time when the endorsement is made upon the certificate of registry as aforesaid: provided always, that if the certificate of registry shall be lost or mislaid, or shall be detained by any person whatever, so that the endorse. ment cannot in due time be made thereon, and proof thereof shall be made by the purchaser or mortgagee, or his known agent, to the satisfaction of the commissioners of H. M.'s customs, it shall be lawful for the said commissioners to grant such further time as to them shall appear necessary for the recovery of the certificate of registry, or for the registry de novo of the said ship or vessel under the provisions of this act; and thereupon the collector and comptroller shall make a memorandum in the book of registers of the further time so granted, and during such time no other bill of sale shall be entered for the transfer of the same ship or vessel, or for the same share or shares thereof, or for giving the same security thereon.-$39.

Bills of Sale may be produced after Entry at other Ports than those to which Vessels belong, and Transfers endorsed. If the certificate of registry of such ship or vessel shall be produced to the collector and comptroller of any port where she may then be after any such bill of sale shall have been recorded at the por to which she belongs, together with such bill of sale containing a notification of such record, signed by the collector or comptroller of such port as before directed, it shall be lawful for the collector and comptroller of such other port to endorse on such certificate of registry (being required so to do) the transfer mentioned in such bill of sale, and such collector and comptroller shall give notice thereof to the collector and comptroller of the port to which such ship or vessel belongs, who shall record the same in like manner as if they had made such endorsement themselves, but inserting the name of the port at which such endorsement was made: provided always, that the collector and comptroller of such other port shall first give notice to the collector and comptroller of the port to which such ship or vessel belongs of such requisition made to them to endorse the certificate of registry, and the collector and comptroller of the port to which such ship or vessel belongs shall thereupon send information to the collector and comptroller of such other port whether any and what other bill or bills of sale have been recorded in the book of the registry of such ship or vessel; and the collector and comptroller of such other port having such information shall proceed in manner directed by this act in all respects to the endorsing of the certificate of registry as they would do if such port were the port to which such vessel belonged. - § 40.

If upon Registry de novo any Bill of Sale shall not have been recorded, it shall then be produced. — If it shall become necessary to register any ship or vessel de novo, and any share or shares of such ship or vessel shall have been sold since she was last registered, and the transfer of such share or shares shall not have been recorded and endorsed in manner herein-before directed, the bill of sale thereof shall be produced to the collector and comptroller of customs, who are to make registry of such ship or vessel, otherwise such sale shall not be noticed in such registry de novo, except as herein-after excepted: provided always, that upon the future production of such bill of sale, and of the existing certificate of registry, such transfer shall and may be recorded and endorsed as well after such registry de novo as before. 41.

Upon Change of Property Registry de novo may be granted if desired. If upon any change of property in any ship or vessel the owner or owners shall desire to have the same registered de novo, although not required by this act, and the owner or proper number of owners shall attend at the custom house at the port to which such ship or vessel belongs for that purpose, it shall be lawful for the collector and comptroller of H. M.'s customs at such port to make registry de novo of such ship or vessel at the same port, and to grant a certificate thereof, the several requisites herein-before in this act mentioned and directed being first duly observed and complied with. § 42.

Copies of Declarations, &c., and of Extracts from Books of Registry, admitted in Evidence. Whereas great inconvenience hath arisen from the registering officers being served with subpoenas, requiring them to bring with them, and produce on trials in courts of law relative to the ownery (sic in orig.) of vessels or otherwise, the oaths or declarations required to be taken by the owners thereof prior to the registering,

thereof, and the books of registry or copies or extracts therefrom: and whereas it would tend much to the despatch of business if the attendance of such registering officers with the same upon such trials were dispensed with; be it therefore enacted, that the collector and comptroller of customs at any port or place, and the person or persons acting for them respectively, shall, upon every reasonable request by any person or persons whomsoever, produce and exhibit for his, her, or their inspection and examination any oath or declaration sworn or made by any such owner or owners, proprietor or proprietors, and also any register or entry in any book or books of registry required by this act to be made or kept relative to any ship or vessel, and shall, upon every reasonable request by any person or persons whomsoever, permit him, her, or them to take a copy or copies or an extract or extracts thereof respectively, and that the copy and copies of any such oath or declaration, register or entry, shall, upon being proved to be a true copy or copies thereof respectively, be allowed and received as evidence upon every trial at law, without the production of the original or originals, and without the testimony or attendance of any collector or comptroller, or other person or persons acting for them respectively, in all cases as fully and to all intents and purposes as such original or originals, if produced by any collector or collectors, comptroller or comptrollers, or other person or persons acting for them, could or might legally be admitted or received in evidence. - § 43.

If Vessels or Shares be sold in the Absence of Owners, without formal Powers, Commissioners may permit Record of such Sales or Registry de novo, as the Case may require. — If the ship or vessel, or the share or shares of any owner thereof who may be out of the kingdom, shall be sold in his absence by his known agent or correspondent under his directions, either expressed or implied, and acting for his interest in that behalf, and such agent or correspondent who shall have executed a bill of sale to the purchaser of the whole of such ship or vessel, or of any share or shares thereof, shall not have received a legal power to execute the same, it shall be lawful for the commissioners of customs, upon application made to them, and proof to their satisfaction of the fair dealings of the parties, to permit such transfer to be registered, if registry de novo be necessary, or to be recorded and endorsed, as the case may be, in manner directed by this act, as if such legal power had been produced; and also if it shall happen that any bill of sale cannot be produced, or if, by reason of distance of time or the absence or death of parties concerned, it cannot be proved that a bill of sale for any share or shares in any ship or vessel had been executed, and registry de novo of such ship or vessel shall have become necessary, it shall be lawful for the commissioners of customs, upon proof to their satisfaction of the fair dealings of the parties, to permit such ship or vessel to be registered de novo, in like manner as if a bill of sale for the transfer of such share or shares had been produced: provided always, that in any of the cases herein mentioned good and sufficient security shall be given to produce a legal power or bill of sale within a reasonable time, or to abide the future claims of the absent owner, his heirs and successors. as the case may be, and, at the future request of the party whose property has been so transferred without the production of a bill of sale from him or from his lawful attorney, such bond shall be available for the protection of his interest, in addition to any powers or rights which he may have in law or equity against the ship or vessel, or against the parties concerned, until he shall have received full indemnity for any loss or injury sustained by him.-§ 44.

Transfer by way of Mortgage. When any transfer of any ship or vessel, or of any share or shares thereof, shall be made only as a security for the payment of a debt or debts, either by way of mortgage or of assignment to a trustee or trustees for the purpose of selling the same for the payment of any debt or debts, then and in every such case the collector and comptroller of the port where the ship or vessel is registered shall, in the entry in the book of registry, and also in the endorsement on the certificate of registry in manner hercin-before directed, state and express that such transfer was made only as a security for the payment of a debt or debts, or by way of mortgage, or to that effect; and the person or persons to whom such transfer shall be made, or any other person or persons claiming under him or them as a mortgagee or mortgagees, or a trustee or trustees only, shall not by reason thereof be deemed to be the owner or owners of such ship or vessel, share or shares thereof, nor shall the person or persons making such transfer be deemed by reason thereof to have ceased to be an owner or owners of such ship or vessel, share or shares thereof, nor shall the person or persons making such transfer be deemed by reason thereof to have ceased to be an owner or owners of such ship or vessel, any more than if no such transfer had been made, except so far as may be necessary for the purpose of rendering the ship or vessel, share or shares, so transferred, available, by sale or otherwise, for the payment of the debt or debts for securing the payment of which such transfer shall have been made. - § 45.

Transfers of Ships for Security being registered, Rights of Mortgagre not affected by Bankruptcy of Mortgagor, &c. When any transfer of any ship or vessel, or of any share or shares thereof, shall have been made as a security for the payment of any debt or debts, either by way of mortgage or of assignment as aforesaid, and such transfer shall have been duly registered, according to the provisions of this act, the right or interest of the mortgagee or other assignee as aforesaid shall not be in any manner affected by any act or acts of bankruptcy committed by such mortgagor or assignor, mortgagors or assignors, after the time when such mortgage or assignment shall have been so registered as aforesaid, notwithstanding such mortgagor or assignor, mortgagors or assignors, at the time he or they shall so become bankrupt as aforesaid, shall have in his, her, or their possession, order, and disposition, and shall be the reputed owner or owners of the said ship or vessel, or the share or shares thereof so by him or them mortgaged or assigned as aforesaid, but such mortgage or assignment shall take place of and be preferred to any right, claim, or interest which may belong to the assignee or assignees of such bankrup carat wrapts in such ship or vessel, share or shares thereof, any law or statute to the contrary thereof notwithstanding. $46

Governors of Colonies, &c. may cause Proceedings in Suits to be stayed. It shall and may be lawful for any governor, lieu. tenant-governor, or commander-in-chief of any of H. M.'s colonies, plantations, islands, or territories, and they are hereby respectively authorized and required, if any suit, information, libel, or other prosecution or proceeding of any nature or kind whatever shall have been commenced or shall bereafter be commenced in any court whatever in any of the said colonies, plantations, islands or territories respectively touching the force and effect of any register granted to any ship or vessel, upon a representation made to any such governor, lieutenant-governor, or commander-in-chief, to cause all proceedings thereon to be stayed, if he shall see just cause so to do, until H. M.'s pleasure shall be known and certified to him by H. M. by and with the advice of H. M.'s privy council; and such governor, lieutenant governor, or commander-in-chief is hereby required to transmit to one of II. M.'s principal secretaries of state, to be laid before H. M. in council, an authenticated copy of the proceedings in every such case, together with his reasons for causing the same to be stayed, and such documents (properly verified) as he may judge necessary, for the information of H.M.-47.

Penalty for making false Declaration or falsifying any Document. If any person or persons shall fately make declaration to any of the matters herein-before required to be verified by declaration, or if any person or persons shall counterfeit, erase,

alter, or falsify any certificate or other instrument in writing required or directed to be obtained, granted, or produced by this act, or shall knowingly or wilfully make use of any certi ficate or other instrument so counterfeited, erased, altered, or falsified, or shall wilfully grant such certificate or other instrament in writing, knowing it to be false, such person or persous shall for every such offence forfeit the sum of 3006. - § 48.

Owners of British Vessels to give Notice to Collectors of Customs of the Loss, &c. of such Vessels. The person or persons registered as owner or owners of any British ship or vessel which shall have been lost or taken by the enemy, or burnt or broken up, or otherwise prevented from returning to the port to which such ship or vessel belongs, or which shall on any account have lost or forfeited the privileges of a British ship, shall, immediately upon obtaining knowledge of any of the cir cumstances aforesaid, give notice in writing of such circumstances to the collector or comptroller of the customs at the port of registry of such ship or vessel. § 49.

Or if Vessels absent from the Port of Registry for 5 Years to state the Cause. In all cases where any British-registered ship or vessel shall have een absent from the pet of registry for the space of 3 years, the person or persons registered as the owner or owners of such ship or vessei shall in like manner give notice in writing to the collector or comptroller of the customs at such port, stating therein the cause of such absence, and that the said vessel has not forfeited her privileges as a British ship. - §50.

Failing to give such Notices, &c., to forfeit 51. Every such owner or owners failing to give such notice in either of the cases aforesaid, or making any untrue statement in respect of such ship or vessel, shall forfeit the sum of 57. - § 51.

How Penalties are to be recovered. All the penalties and for. feitures inflicted and incurred by this act shall and may be sued for, prosecuted, recovered, and 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 offences committed against any law relating to the customs may now legally be sued for, prosecuted, recovered, and disposed of; and that the officer or officers concerned in seizures of prosecu tions under this act shall be entitled to and receive the same share of the produce arising from such seizures as in the cast of seizures 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 regulation entitled to upon prosecutions for pecuniary penalties. — § 52.