duce the certificate of registry for that purpose within thirty days after the entry of his said bill of sale, or within thirty days next after the return of the ship to the port, in case of absence at the time of such eutry; and in case no person shall produce the certificate of registry within either of the said spaces of thirty days, then it shall be lawful for the collector and comptroller to endorse upon the certificate of registry the particulars of the bill of sale to such person as shall first produce the certificate of registry, it being the true meaning of this act that the several purchasers and mortgagees, when more than one appear to claim the same property, shall have priority one over the other, not according to the times when the particulars of the bill of sale were entered in the book of registry, but according to the time when the endorsement is made upon the certificate of registry: Provided always, that if the certificate of registry shall be lost or mislaid, or shall be detained by any person, so that the endorsement cannot in due time be made thereon, and proof thereof shall be made by the purchaser or mortgagee, or his agent, to the satisfaction of the commissioners of customs, it shall be lawful for the commissioners to grant further time for the recovery of the certificate of registry, or for the registry de novo of the said ship, and thereupon the collector and comptroller shall make a memorandum in the book of registers of the further time granted, and during such time no other bill of sale shall be entered for the transfer of the same ship or the same shares. § 39.

Bills of sale may be produced after entry at other ports than those to which vessels belong, and transfers endorsed on certificate of registry.-If the certificate of registry of such ship shall be produced to the collector and comptroller of any port where she may then be, after such bill of sale shall have been recorded at the port to which she belongs, together with such bill of sale, containing a notification of such record, signed by the collector and comptroller of such port, it shall be lawful for the collector and comptroller of such other port, to endorse on such certificate (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 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 belongs, of such requisition to endorse the certificate of registry, and the collector and comptroller of the port to which such ship 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; 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, bill of sale not recorded.-If it shall become necessary to register any ship de novo, and any shares shall have been sold since she was last registered, and the transfer shall not have been recorded and endorsed, the bill of sale shall be produced to the collector and comptroller, who are to make registry, or otherwise such sale shall not be noticed in such registry de novo, except as hereinafter excepted: Provided always, that upon the future produc

tion of such bill of sale, and of the existing certificate of registry, such transfer may be recorded and endorsed, as well after 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, the owners shall desire to have the same registered de novo, although not required by this act, and the owners shall attend at the custom-house at the port to which such ship belongs for that purpose, it shall be lawful for the collector and comptroller at such port, to make registry de novo of such ship, and to grant a certificate thereof, the several requisites herein mentioned being first complied with. § 42.

Copies of oaths and extracts from books of registry.-The collector and comptroller of customs at any port, and the persons acting for them, shall, upon every request by any person whomsoever, produce and exhibit for inspection and examination any oath or affidavit sworn by any such owners, and also any register or entry in any book of registry, and shall, upon request by any person whomsoever, permit him to take a copy or an extract thereof; and the copies shall, upon being proved to be true copies, be received as evidence upon every trial at law, without the production of the originals, and without the testimony or attendance of any collector or comptroller, as fully as such originals, if produced by any collector or comptroller, or other person acting for them, could be admitted in evidence. § 43.

Vessels or shares sold in the absence of owners without formal powers.— If the ship or the shares of any owner (out of the kingdom) shall be sold in his absence by his known agent or correspondent, and such agent or correspondent who shall have executed a bill of sale to the purchaser, shall not have received a legal power to execute, it shall be lawful for the commissioners of customs, upon application, and proof of the fair dealings of the parties, to permit such transfer to be registered, if registry de novo be necessary to be recorded and endorsed, as the case may be, as if such legal power had been produced; and if 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 shares had been executed, and registry de novo shail have become necessary, it shall be lawful for the commissioners of customs, upon proof of the fair dealings of the parties, to permit such ship to be registered de novo in like manner as if a bill of sale for the transfer of such shares had been produced: Provided always, that in any of the cases mentioned, good 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; and at the future request of the party whose property has been so transferred, without the production of a bill of sale, such bond shall be available for the protection of his interest, in addition to any powers which he may have in law or equity against the ship, or against the parties concerned, until he shall have received full indemnity for any loss sustained. § 44.

Transfer by way of mortgage. When any transfer of any ship, or of any shares, shall be made only as a security for the payment of a debt, either by way of mortgage, or of assignment to trustees for the purpose of selling the same, then the collector and comptroller of the port where the ship is registered shall in the entry in the book of registry, and also in the endorsement on the certificate of registry, state that such transfer was made only as a security for the payment of a debt, or by way of mortgage; and the person to whom such transfer shall be made, or

any other person claiming under him as a mortgagee, or a trustee only, shal not by reason thereof be deemed to be the owner; nor shall the person making such transfer be deemed to have ceased to be an owner of such ship, 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 shares transferred available by sale for the payment of the debt. § 45. Transfers of ships for security of debts being registered, rights of mortgagee not affected by any act of bankruptcy of mortgagor, &c.— When any transfer of any ship, or of any shares thereof, shall have been made as a security for the payment of any debt, either by way of mort gage or of assignment as aforesaid, and such transfer shall have been duly registered according to this act, the right or interest of the mortgagee or other assignee shall not be in any manner affected by any act of bankruptcy committed after the time when such mortgage or assignment shall have been so registered, notwithstanding such mortgagor or assignor, at the time, shall have in his possession, order, and disposition, and shall be the reputed owner of the said ship, or the shares thereof, by him mortgaged or assigned, but such mortgage or assign. ment shall take place of and be preferred to any right, claim, or interest which may belong to the assignees of such bankrupt. § 46.

Commissioners in Scotland.--The commissioners of customs in Scotland and Ireland shall transmit, at the end of every month, to the commissioners of customs in England, true copies of all such certificates as shall be granted by them, or by any officers within the limits of their commission, in pursuance of this act. § 47.

Governors of colonies may cause proceedings in suits to be stayed.— It shall be lawful for any governor, lieutenant-governor, or commanderin-chief of any colonies, plantations, islands, or territories, if any suit, or proceeding of any nature shall have been commenced, in any court whatever in any of the said territories, touching the force of any register granted to any ship, upon representation made, to cause all proceedings thereon to be stayed, if he see just cause, until his Majesty's pleasure shall be known, and such governor, lieutenant-governor, or commanderin-chief is to transmit to one of the secretaries of state, to be laid before his Majesty in council, an authenticated copy of the proceedings, together with his reasons for causing the same to be stayed (properly verified.) § 48.

Persons making false oath, &c.-If any person shall falsely make oath to any of the matters before required to be verified, such person shall suffer the like pains and penalties as are incurred by persons committing wilful and corrupt perjury; and if any person shall counterfeit, erase, alter, or falsify any certificate or other instrument in writing, required to be obtained, granted, or produced by this act, or knowingly or wilfully make use of any certificate or other instrument so counterfeited, &c. or wilfully grant such certificate or other instrument in writing, knowing it to be false, such person shall for every such offence forfeit £500. § 49.

An Act to amend the Laws relating to the Customs.

British ships may be registered at Malta and Gibraltar.—What trade not allowed.-"Whereas by the 6 Geo. IV. c. 110. § 3. page 371. it is enacted that no ship or vessel shall be registered at Malta or Gibraltar, except such as are wholly of the built of those places respectively, and that such ships shall not be registered elsewhere; and that such ships so registered shall not be entitled to the privileges and advantages of British ships, in any trade between the United Kingdom and any of the colonies, plantations, islands, or territories in America, to his Majesty belonging; and whereas it is expedient to permit all British ships to be registered at Malta or Gibraltar, in the like manner and upon the same terms and conditions as ships which are of the built of those places respectively;" it is enacted, that so much of the said act as prohibits the registering at Malta or Gibraltar of any ship or vessel other than such as are of the built of those places, shall be repealed :-Provided that no ship or vessel which shall have been registered at Malla or Gibraltar shall afterwards be registered elsewhere;-and that no such ship or vessel shall be entitled to the privileges or advantages of British ships in any trade between the United Kingdom and any of the colonies, plantations, islands, or territories in America to his Majesty belonging. § 18.

Ships for which Mediterranean passes may be issued, as belonging to Malta or Gibraltar.-From the 10th of October, 1828, no Mediterranean pass shall be issued for the use of any ship, as being a ship belonging to Malta or Gibraltar, except such as be duly registered at those places respectively, or such as (not being entitled to be so registered) shall have wholly belonged, before the 10th of October, 1827, and shall have continued wholly to belong, to persons actually residing at those places respectively, as inhabitants thereof, and entitled to be owners of British ships there registered, or who (not being so entitled) shall have so resided upwards of five years. § 19.

Proceedings against persons detaining registers of ships." And whereas if any person shall wilfully detain the certificate of registry of any ship or vessel, and refuse to deliver up the same to the proper officer of the customs, for the purposes of such ship or vessel, as occasion shall require, such person may be proceeded against in manner provided by the last mentioned act; and doubts have arisen whether such proceedings may be had, unless the certificate of registry shall have been first demanded of such person by the proper officer of the customs; and it is expedient to remove such doubts:" it is therefore enacted, that it shall be lawful for the justice, or other person having jurisdiction, and he is hereby required, to receive proof on oath from the person making complaint to him of such detainer and refusal, that such occasion has arisen, (although the certificates shall not have been demanded by any officer of the customs;)—and the indorsing of any transfer of property, or of the name of any new master, upon the certificate of registry, by the officers of the customs, shall be deemed to be purposes for which there is occasion to deliver the certificate of registry to the officers of the customs; and if any person who is not in actual possession of a ship or vessel shall detain the certificate of registry from some person who is in actual possession of such ship or vessel as ostensible owner thereof, or * See page 379.

who has the actual charge or command of such ship or vessel as ostensible master thereof, then occasion shall be deemed to have arisen for delivering of such certificate to the officers of the customs at the port where such ship shall then be, in order that such certificate may be given to some person who is in actual possession of such ship or vessel as such ostensible owner or master. § 20.

10 Geo. IV. c. 43.

An Act to amend the Laws relating to the Customs.

This act to be in force from and after June 21, 1829. § 1. Collectors, &c. in British possessions within the limits of the East India Company's charter to make registry in certain cases.-After reciting the 6 Geo. IV. c. 110. “And whereas it is expedient to amend the same by empowering persons executing the office of collectors of duties in any British possessions, within the limits of the East India company's charter, not under the government of the company, and where a custom-house is not established, together with the governor, lieutenant-governor, or commander-in-chief of any such possessions to make registry of British vessels, and grant certificates, under the provisions of the said act," be it enacted, that it shall be lawful for any person duly appointed to execute the office of collector of duties in any port or place in the British possessions within the limits of the East India company's charter, (not being under the government of the said company, and where a custom-house is not established,) together with the governor, lieutenant-governor, or commander-in-chief of any such possessions, to make registry of British vessels, and grant certificates thereof under the provisions of the said act. § 12.

Collectors and comptrollers only to register vessels in certain cases.— After reciting the 6 Geo. IV. c. 110. it is enacted that so much of the said act (§ 3) as requires the governor, lieutenant-governor, or commander-in-chief, in the colonies, plantations, islands, and territories to his Majesty belonging in Asia, Africa, and America, (where the collectors and comptrollers of his Majesty's customs have been appointed by the commissioners of his Majesty's treasury, and are under the control and management of the commissioners of his Majesty's customs,) to be a party to the registry of British vessels to be there registered, and the granting certificates thereof, under the provisions of the said act, is hereby repealed. § 13.

6 Geo. IV. c. 41.

An Act to repeal the Stamp Duties payable in Great Britain and Ireland upon the transfer of Property in Ships and Vessels, and upon Bonds and Debentures required to be given in relation to the Duties, Drawbacks, and Bounties of Customs and Excise, and to grant other Duties of Stamps on such Bonds and Debentures. Whereas it is expedient to repeal the several stamp duties now payable in Great Britain and Ireland respectively upon Conveyances, so far as relates to any Conveyance, Assignment, or transfer of property, of or in any ship or vessel, &c. Be it therefore enacted, that all stamp duties now payable in Great Britain and Ireland respectively upon any BILL OF SALE, or any conveyance, assignment, or other deed or instrument whatever for the sale, transfer, or other disposition (either absolutely or by way of mortgage or otherwise) of any ship or vessel, shall wholly cease, determine, and be no longer paid or payable. § 1.

Bond stamps now five shillings. § 2.

See the act at the end of MANAGEMENT.