name by which such ship shall have been registered, and the port to which she belongs, in a legible manner, and shall so keep the same; and if such owners or master shall permit such ship to begin to take in any cargo before the name has been so painted, or shall wilfully alter, erase, obliterate, or in anywise hide or conceal, (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 by any name other than that by which she was first registered, or shall verbally describe, or cause or permit such ship to be described, by any other name, to any officer of revenue in the execution of his duty, then such owners, or master, shall forfeit £100. § 24.

Builder's certificate of particulars of ship.-All persons who shall apply for a certificate of registry are to produce, to the persons authorized to grant such certificate, a true account, under the hand of the builder, of the proper denomination, and of the time when and the place where such ship was built, and also an exact account of the tonnage, together with the name of the first purchaser, (which account such builder is to give under his hand, on the same being demanded by such persons so applying for a certificate,) and shall also make oath before the persons authorized to grant such certificate, that the ship is the same with that which is so described by the builder. § 25.

Certificate of registry lost or mislaid.—If the certificate of registry of any ship shall be lost or mislaid, so that the same cannot be found or obtained, and proof thereof shall be made, to the satisfaction of the commissioners of customs, such commissioners shall permit such ship to be registered de novo, and a certificate thereof to be granted : Provided, that if such ship be absent and far distant from the port to which she belongs, or by reason of the absence of the owners, or of any other impediment, registry of the same cannot then be made in sufficient time, such commissioners shall grant a licence for the present use of such ship, which licence shall, for the time and to the extent specified therein and no longer, be of the same force as a certificate of registry under this act: Provided always, that before such registry de novo be made, the owners and master shall give bond to the com. missioners, in such sum as to them shall seem fit, with a condition that if the certificate of registry shall afterwards be found, the same shall be forthwith delivered to the officers of customs to be cancelled, and that no illegal use has been or shall be made thereof with their privity; and further, that before any such licence shall be granted the master shall also make oath that the same has been registered as a British ship, naming the port and time when such registry was made, and all the particulars contained in the certificate thereof, to the best of his knowledge, and shall also give such bond, and with the same condition as before mentioned: also, before any such licence shall be granted, such ship shall be surveyed in like manner as if a registry de novo were about to be made, and the certificate of such survey shall be preserved by the collector and comptroller of the port to which such ship shall belong; and in virtue thereof it shall be lawful for the commissioners to permit such ship to be registered after her departure, whenever the owners shall personally attend to take and subscribe the oath required before registry, 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; which certificate of registry the commissioners shall

transmit to the collector and comptroller of any other port, to be by them given to the master upon his giving such bond, and delivering up the licence granted for the then present use of such ship. § 26.

Persons detaining certificate of registry to forfeit £100.-In case the master or any other person, who shall have received or obtained by any means, or for any purpose whatever, the certificate of registry, (whether a part-owner or not,) shall wilfully detain and refuse to deliver up the same to the proper officers of customs, for the purposes of such ship, it shall be lawful for any owners to make complaint on oath against the master of the ship, or other person, of such detainer and refusal, to any justice of the peace near to the place in Great Britain or Ireland, or to any member of the supreme court of justice, or any justice of the peace in the islands of Jersey, Guernsey, or Man, or in any colony, plantation, island, or territory of his Majesty belonging, in Asia, Africa, or America, or Malta, Gibraltar, or Heligoland, where such detainer and refusal shall be; and on such complaint the said justice or magistrate shall, by warrant under his hand and seal, cause such master or person to be brought before him to be examined, and if it shall appear to the said justice or magistrate, on examination, that the said certificate of registry is not lost or misiaid, but is wilfully detained by the said master or other person, such master or other person shall be thereof convicted, and shall forfeit £100, and on failure of payment he shall be committed to the common gaol, there to remain for such time as the said justice or magistrate shall deem proper, not being less than three months nor more than twelve months; and the said justice or magistrate shall certify the aforesaid detainer, refusal, and conviction, to the persons who granted such certificate of registry, who shall, on the terms and conditions of law being complied with, make registry of such ship de novo, and grant a certificate thereof, notifying on the back of such certificate the ground upon which the ship was so registered de novo; and if such master or other person shall have absconded, so that the said warrant 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 to be registered de novo, or otherwise in their discretion to grant a licence for the present use of such ship, in like manner as in the case wherein the certificate of registry is lost or mislaid. § 27.*

Ship altered in certain manner to be registered de novo.-If any ship after registered shall in any manner whatever be altered, so as not to correspond with all the particulars contained in the certificate of registry, such ship shall be registered de novo, as soon as she returns to the port to which she belongs, or to any other port of the United Kingdom, or in the same colony, plantation, island, or territory, on failure whereof such ship shall be deemed to be a ship not duly registered. § 28.

Vessels condemned as prize, or for breach of laws against the slavetrade. The owners of all such ships as shall be taken by any of his Majesty's ships of war, or by any private or other ship, and condemned as prize in any court of admiralty, or of such ships as shall be condemned for breach of the laws for the prevention of the slave-trade, shall, upon registering such ship, before they shall obtain such certificate, produce to the collector and comptroller a certificate of the condemnation, under the hand and seal of the judge, and also a true account in writing of all the particulars contained in the certificate

* See also 7 and 8 Geo. IV. c. 56. § 20. Page 386.

hereinbefore set forth, to be made and subscribed by one or more skilful person or persons, to be appointed by the court to survey such ship, and shall also make oath before the collector and comptroller, that such ship is the same which is mentioned in the certificate of the judge. § 29.

Prize vessels not to be registered at Guernsey, Jersey, or Man.-Provided always, that no ship condemned as prize or forfeiture, shall be registered in Guernsey, Jersey, or the Isle of Man, although belonging to subjects in those islands, but the same shall be registered either at Southampton, Weymouth, Exeter, Plymouth, Falmouth, Liverpool, or Whitehaven, by the collector and comptroller at such ports. § 30.

Transfers of interest to be made by bill of sale.-When and so often as the property in any ship, or any part thereof, belonging to subjects, shall after registry be sold to any other subjects, the same shall be transferred by bill of sale, or other instrument in writing, containing a recital of the certificate of registry, or the principal contents thereof, otherwise such transfer shall not be valid for any purpose whatever, either in law or in equity: Provided always, that no bill of sale shal be deemed void by reason of any error in such recital, or by the recital of any former certificate of registry instead of existing certificate, provided the identity of the ship be effectually proved thereby... § 31.

Property in ships to be divided into sixty-four parts or shares.-The property in every ship of which there are more than one owner, shall be considered to be divided in sixty-four parts or shares, and the proportion held by each owner shall be described in the registry as being a certain number of sixty-four parts or shares; and no person shall be entitled to be registered as an owner in respect of any proportion, which shall not be an integral sixty-fourth part of the same; aud upon the first registry, the owners who shall take and subscribe the oath required by this act, before registry be made, shall also declare upon oath the number of such parts 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 cannot be reduced, by division, into any number of integral sixty-fourth parts, it shall be lawful for the owner of such fractional parts, to transfer the same one to another, or jointly, to any new owner, by memorandum upon their bills of sale, or by fresh bill of sale, without such transfer being liable to stamp duty: Also, the right of such owners to such fractional parts shall not be affected by reason of the same not having been registered: Also, it shall be lawful for any number of such owners, described in such registry, being partners, to hold any ship, or any shares of any ship, in the name of such copartnership, as jointowners, without distinguishing the proportionate interest of each, and such ship, or the share or shares thereof so held in copartnership, shall be deemed to be partnership property, and shall be governed by the same rules as relate to all other partnership property in any other goods. § 32.

Only thirty-two persons to be owners of any ship at one time.-No greater number than thirty-two persons shall be entitled to be legal owners at one time of any ship, as tenants in common, or to be registered as such: Provided always, that nothing herein shall affect the equitable title of minors, heirs, legatees, creditors, or others, ex-~ ceeding that number, holding from any of the persons within the said number: also, if it shall be proved to the satisfaction of the com

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missioners of customs, that any number of persons have associated themselves as a joint stock company, for the purpose of owning any ship, or number of ships as joint property, and such company have elected or appointed any number, not less than three of the members, to be trustees of the property, it shall be lawful for such trustees, or three of them, with the permission of such commissioners, to take the oath required 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. § 33.

Shares to be registered on registry de novo under this act.-Whenever any ship (registered before the said 31st of December, 1823, and not registered de novo since that day, and before the commencement of this act) shall be registered de novo, the number of shares held by each owner shall be registered as far as practicable, and to that intent the owners, who shall take the oath required before registry, shall produce the bills of sale of themselves and of the other owners, in order that the number of shares held by each may be ascertained and registered; and if the registry then in force shall be the first registry, and the shares of any of the owners shall remain the same, and the owner or owners, or any one of them, who shall attend to take the oath required before registry, shall be the same who took such oath before such first registry was made, such original owner or owners, instead of producing the bills of sale, shall declare upon oath, to the best of their knowledge and belief, the number of such shares held by them, or by any other original owners, whose property shall have remained unchanged: Provided always, that if at the time of such registry de novo such owners shall make oath that they are unable to produce the bill or bills of sale, or to give any certain account or proof of the shares of the other previous owners, it shall be lawful for the collector and comptroller to register such ship without requiring the shares of such owners to be declared and specified. § 34.

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Shares must be registered within a certain time.-After the commencement of this act, or after the first arrival and entry of any ship after such commencement at the port to which she belongs, or at any other port, no certificate of registry shall be in force, except such as shall be granted under this act, or which shall have been granted under 4 Geo. IV. c. 41, intituled An Act for the registering of Vessels," and in which the shares held by each owner shall be set forth, unless it shall be certified thereon by the collectors and comptroller of the port to which such ship belongs, that farther time has been granted by the commissioners of customs for ascertaining and registering the numbers of such shares as cannot then be ascertained. § 35.

No stamp duty on first registry.-Upon the first registry, in compliance with this act, of any ship before registered, no stamp duty shall be charged upon the bond required to be given; and if the cer tificate of such former registry then delivered up to be cancelled shall have a Mediterranean pass attached thereto, no stamp duty shall be charged on account of the new Mediterranean pass in lieu of the one delivered up. § 36.

Bills of sale not effectual until produced to officers of customs, and entered in the book of registry.—No bill of sale or other instrument in writing, shall be valid to pass the property in any ship, or in any share thereof, or for any other purpose, until such bill of sale or instru nent shall have been produced to the collector and comptroller of the port at which such ship is registered, or to the collector and

comptroller of any other port at which she is about to be registered de novo, nor until such collector and comptroller shall have entered in the book of registry 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 instrument, and of the production of it; and if such ship is not about to be registered de novo, the collector and comptroller of the port where such ship is registered shall endorse the aforesaid particulars on the certificate of registry when produced for that purpose, in manner following:

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 purchaser or mortgagee.] A. B. 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 instrument shall be produced for that purpose, then the collector and comptroller are to certify, by endorsement upon the bill of sale, that the particulars have been so entered in the book of registry, and endorsed upon the certificate of registry. § 37. [And such entry in the book of intended registry shall not be made until all the requisites of law for the immediate registry of the ship or vessel in such book have been complied with; nor shall such entry be valid or certified on the bill of sale until the registry de novo of the ship or vessel shall have been duly made, and the certificate thereof granted. 7 Geo. IV. c. 48. § 26.]

Entry of bill of sale to be valid.—When the particulars of any bill of sale shall have been so entered in the book of registry, the said bill of sale shall be valid and effectual to pass the property, as against all persons whatsoever, and to all intents and purposes, except as against subsequent purchasers and mortgagees who shall first procure the endorsement to be made upon the certificate of registry in manner hereinafter mentioned. § 38.

When a bill of sale has been entered for any shares, thirty days shall be allowed for endorsing the certificate of registry, before any other bill of sale for the same shall be entered.-After the particulars of any bill of sale shall have been so entered in the book of registry, the collector and comptroller shall not enter in the book of registry the particulars of any other bill of sale, purporting to be a transfer by the same vendor or mortgagor of the same ship or shares, to any other person or persons, unless thirty days shall elapse from the day on which the particulars of the former bill of sale were entered in the book of registry; or in case the ship was absent from the port to which she belonged at the time when the particulars of such former bill of sale were entered, then unless thirty days shall have elapsed from the day on which the ship arrived at the port to which the same belonged; and in case the particulars of two or more such bills of sale shall at any time have been entered in the book of registry, the collector and comptroller shall not enter in the book of registry the particulars of any other bill of sale, unless thirty days shall in like manner have elapsed from the day on which the particulars of the last of such bills of sale were entered in the books of registry, or from the day on which the ship 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 two or more transfers by the same owners of the same property in any ship entered, the collector and comptroller are to endorse upon the certificate of registry the particulars of that bill of sale under which the persons claim property, who shall pro