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Provisions

At 18 cap. 22. to

8 Gul.

be extended to ves

sels of 15 tons, and upwards,

cates of re

tained.

other principal officer of the customs in the port of his Majesty's dominions where the said ship or vessel may first arrive (if required by them so to do; which oath or affirmation the said collector and comptroller, or other principal officer, or either of them, is and are hereby authorized and empowered to administer), describing the nature and amount of the charge or expense of such repairs; and if such charge or expense shall appear to exceed the before-mentioned sum of fifteen shillings for every ton of the admeasurement of such ship or vessel, and the said master, or other person having or taking the charge or command of such ship or vessel, shall neglect or refuse to deliver to such collector and comptroller, or principal officer of the customs, or to one of them, the certificate so required to be produced in such cases as aforesaid, the said ship or vessel shall be deemed and taken to be a foreign-built ship or vessel, to all intents and purposes whatever.

III. And whereas it is highly expedient that the provisions made for the registry of ships and vessels by an Act, made and passed in the seventh and eighth years of the reign of his late Majesty King William the Third, (intituled an Act for preventing frauds, and regulating abuses in the plantation trade), should be altered and ⚫ amended, and that the same should be extended and applied to ships and vessels other than those which are therein particularly described: Be it therefore enacted, and certifi- That all and every ship or vessel having a deck, or being of the burthen of fifteen gistry ob- tons, or upwards, belonging to any of his Majesty's subjects in Great-Britain, or Guernsey, Jersey, and the Isle of Man, or of any of the aforesaid colonies, plantations, islands, or territories, shall, from and after the respective times hereinafter expressed, be registered in manner hereinafter mentioned; and that the person or persons claiming property therein shall cause the same to be registered, and shall obtain a certificate of such registry from the collector and comptroller of his Majesty's customs in Great-Britain, or the Isle of Man, or from the governor, lieutenantgovernor, or commander in chief, and principal officer or officers of his Majesty's revenue of customs, residing in the islands of Guernsey or Jersey, or in any of the said colonies, plantations, islands, or territories, respectively, in manner hereinafter directed; and that the form of such certificate shall be as follows; videlicet:

Certificate of British registry.

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In pursuance of an Act, passed in the twenty-sixth year of the reign of King George the Third, intituled, "an Act [here insert the title of the Act, the names, occupation, and residence, of the subscribing owners], having taken and subscribed the oath required by this Act, and having sworn that he, [or, they,] together with [names, occupation, and residence of non-subscribing owners,] is [or, are] sole owner [or, owners] of the ship or vessel called the [ship's name] of [place to which the vessel belongs], whereof [master's name] is at present master, and that the said ship or vessel was [when and where built, or captured, and date of condemnation]; and [name and employment of the surveying officer] having certified to us that the said ship or vessel is [whether British, foreign, or British plantation built], has [number of decks] decks and [number of masts] mast, that her length from the fore part of the main stem to the after part of the stern post aloft, is [number of feet and inches], her breadth at the broadest part, whether above or below the main wales, [number of feet and inches], her height between decks [number of feet and inches, if more than one deck, and if not, then the depth of the hold [number of feet and inches] and admeasures [burthen] tons, that she is a [kind of vessel, and how built], has [whether any or no gallery] gallery, and [kind of head, if any] head; and the said subscribing owners having consented and agreed to the above description and admeasurement, and having caused

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'sufficient security to be given, as is required by the said Act, the said [kind and
name of the vessel] has been duly registered at the port of [name of the port].

Given under our hands and seals of office, at the custom-house in the said
port of [name of the port], this [date] day of [name of the month] in
the year [words at length].'

try made,

which a

longs, ex

Guernsey,

IV. And be it further enacted by the authority aforesaid, That no such registry No regis shall hereafter be made, or certificate thereof granted, by any person or persons here- &c. but at inbefore authorized to make such registry, and grant such certificate, in any other port the port co or place than the port or place to which such ship or vessel shall properly belong, vessel beexcept so far as relates to such ships or vessels as shall be condemned as prizes in any cept for of the islands of Guernsey, Jersey, or Man, which ships or vessels shall in future prizes conbe registered in manner hereinafter directed; but that all and every registry and demned at certificate granted in any port or place to which any such ship or vessel does not pro- &c. unless perly belong, shall be utterly null and void to all intents and purposes, unless the by the com officers aforesaid shall be specially authorized and impowered to make such registry, and missioners grant such certificate, in any other port, by an order in writing under the hands of any toms. four or more of the commissioners of his Majesty's customs in England, or of any three or more of the commissioners of his Majesty's customs in Scotland, for the time being, which order the said commissioners are hereby respectively authorized and impowered to issue, in manner aforesaid, if they shall see fit.

authorized

of the cus

from and

ly trades,

V. And be it further enacted by the authority aforesaid, That the port, to which The port any ship or vessel shall hereafter be deemed and taken to belong, within the intent and to which a meaning of this Act, shall be, and is hereby declared to be, the port from and to which ship usualsuch ship or vessel shall usually trade, or (being a new ship) shall intend so to trade, to be deemand at or near which the husband, or acting and managing owner or owners of such ed her ship or vessel usually resides or reside.

port.

quired for

belonging

VI. Provided always, and be it further enacted by the authority aforesaid, That Noregistry nothing in this Act contained shall extend, or be construed to extend, to require to to be re be registered, according to the directions of this Act, any ship or vessel of war, or any any vessels other vessel, of whatever built the same may be, or under whatever description the to the Roysame may fall, being the property of his Majesty or the Royal Family, or any of them, al Family. or any lighters, barges, boats, or vessels of any built or description whatever, used solely in rivers or inland navigation.

United

America,

ence of any

VII. And it is hereby declared, That no ship or vessel built in any of the colonics No ship of North America, now called The United States of America, during the time that in the any Act or Acts of Parliament made in Great Britain, prohibiting trade and intercourse States of with those colonies, was or were in force, nor any ship or vessel which was owned by &c. during or belonged to the subjects of the said United States, or of any of the said states the exist respectively, during the existence of those acts, and not registered before the com- prohibimencement thereof, is or shall be entitled to be registered under this present Act, or tory Acts, to any of the privileges or advantages of a British-built ship or vessel, unless such ship be regis or vessel shall have been taken and condemned as lawful prize, or, having been tered. stranded, shall have been built or rebuilt, and registered in the manner heretofore practised and allowed.

entitled to

No subject

out of his

VIII. And be it enacted by the authority aforesaid, That no subject of his Majesty, residing his heirs and successors, whose usual residence is in any country not under the Majesty's dominion of his Majesty, his heirs and successors, shall be deemed or entitled, during dominions the time he shall continue so to reside, to be the owner in whole or in part of any titled to be British ship or vessel, required and authorized to be registered by virtue of this Act, the owner

VOL. I.

K

to be en

of any ship,

authorized unless he be a member of some British factory, or agent for, or partner in, any house or copartnership, actually carrying on trade in Great Britain or Ireland.

to be registered, except a

a factory, &c.

IX. And be it further enacted by the authority aforesaid, that so much of the said member of recited Act passed in the seventh and eighth years of the reign of his late Majesty King William the Third, as directs the oath therein contained to be taken on Qare registering the ships and vessels therein described, shall be, and the same is hereby the recited repealed.

Oath

III. re

pealed.

to be made.

oath be

act of Gul. X. And be it also enacted by the authority aforesaid, That no registry shall henceforth be made, or certificate granted, until the following oath be taken and subscribed No registry before the person or persons hereinbefore authorized to make such registry, and grant &c. till the such certificate respectively, (which they are hereby respectively impowered to adfollowing minister) by the owner of such ship or vessel, if such ship or vessel is owned by or taken. belongs to one person only; or, in case there shall be two joint owners, then by both of such joint owners, if both shall be resident within twenty miles of the port or place where such register is required, or by one of such owners, if one or both of them shall be resident at a greater distance from such port or place; or if the number of such owners or proprietors shall exceed two, then by the greater part of the number of such owners or proprietors, if the greater number of them shall be resident within twenty miles of such port or place as aforesaid, not in any case exceeding three of such owners or proprietors, or by one of such owners, if all shall be resident at a greater distance.

Oath.

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I d. B. of [place of residence and occupation] do make oath, That the ship or vessel [name] of [port or place] whereof [master's name] is at present master, being kind of built, burthen, et cetera, as described in the certificate of the surveying officer] was [when and where built, or if prize, capture, and condemnation] and that I the said A. B. [and the other owners names, and occupations, if any, and where they respectively reside, videlicet, town, place, or parish, and county, or if member of, and resident in any factory in foreign parts, or in any foreign town or city, being an agent for, or partner in any house, or copartnership actually carrying on trade in Great Britain or Ireland, the name of such factory, foreign town or city, and the names of such house or copartnership] am [or, are] sole owner [or, owners] of the said vessel, and that no other person or persons whatever hath or have any right, title, interest, share, or property therein or thereto; and that I the said A. B. [and the said other owners, if any] am [or, are] truly and bona fide a subject [or, subjects] of Great Britain; and that I the said A. B. have not [nor have any of the other owners, to the best of my knowledge and 'belief] taken the oath of allegiance to any foreign state whatever [except under ⚫ the terms of some capitulation, describing the particulars thereof], or that since my taking [or, his, or, their taking] the oath of allegiance to [naming the foreign ⚫ states respectively to which he or any of the said owners shall have taken the same] and prior to the passing of an Act in the twenty-sixth year of the reign of King George the Third, (intituled, an Act for the further increase and encouragement of shipping and navigation), I have [or, he, or they, hath, or, have] become a subject [or, subjects] of Great Britain, [either by his Majesty's letters patent, as a denizen or denizens, or naturalized by Act of Parliament, as the case may be, naming the dates of the letters of denization, or the Act or Acts of Parlia ment for naturalization respectively] or [as the case may be] I have [or, he, or, they, hath, or, have] become a denizen [or, denizens, or, naturalized subject, or subjects, as the case may be] of Great Britain, by his Majesty's letters patent, or by an Act of Parliament passed since the first day of January, one thousand seven

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hundred and eighty-six, [naming the times when such letters of denization have 'been granted respectively, or the year or years in which such Act or Acts for ⚫ naturalization have passed respectively], and that no foreigner, directly or indirectly, hath any share or part or interest in the said ship or vessel.'

to be made

requisite

number of

do not at

XI. And be it further enacted by the authority aforesaid, That, in case the number Addition of joint owners or proprietors of any ship or vessel shall amount to three or more, to the path and three of such joint owners or proprietors shall not personally attend to take and when the subscribe the oath hereinbefore directed to be taken and subscribed, then, and in such site case, such owner or owners, proprietor or proprietors, as shall personally attend, and members take and subscribe the oath aforesaid, shall further make oath, that the part owner or tend. part owners of such ship or vessel then absent is or are not resident within twenty 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 taking the oath hereinbefore directed to be taken and subscribed, or is or are prevented by illness from attending to take and subscribe the said oath.

examined,

&c.

are grant

XII. And in order to enable the proper officer or officers of his Majesty's customs Ships to be to grant a certificate, truly and accurately describing every ship or vessel to be c. before registered in pursuance of this Act, and also to enable all other officers of his certificates • Majesty's customs, on due examination, to discover whether any such ship or vessel ed, &c. is the same with that for which a certificate is alledged to have been granted,' Be it enacted by the authority aforesaid, That, previous to the registering or granting of any certificate of registry as aforesaid, some one or more proper person or persons, appointed by the commissioners of his Majesty's customs in England and Scotland, or by the governor, lieutenant governor, or commander in chief for the time being in the islands of Guernsey, Jersey, and Man, or of the colonies, plantations, islands, or territories aforesaid respectively (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 hereinbefore 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 built, description, and admeasurement of every such ship or vessel as are specified in the form of the certificate above recited, to the person or persons who shall be 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.

descrip

making

XIII. And be it also enacted by the authority aforesaid, That if such person or Persons persons so appointed to examine and admeasure such ships or vessels as aforesaid, shall giving false wilfully deliver to any person or persons authorized to make registry and grant certi- tions, or ficates of registry as aforesaid, a false description of any of the particulars hereby false rerequired to be contained in such certificate; or if any person or persons hereinbefore gistries, &c. authorized to make such registry, and grant such certificates of registry, shall forfeit001. knowingly make any false register, or grant any false certificate, in regard to any of the particulars required by this present Act, he or they, on being convicted thereof by due course of law, in any of his Majesty's Courts of Record at Westminster, in the

of ships,

Method of ascertaining the tonnage,

Court of Justiciary, or the Court of Exchequer in Scotland, or in any Court of Record in the said colonies, plantations, islands, or territories, or in the Royal Court in Guernsey or Jersey, or in the superior Court of Justice in the Isle of Man, as the case may be, shall respectively forfeit the sum of one hundred pounds, and be for ever incapable of holding or enjoying any office or employment under his Majesty.

XIV. And whereas the officer or officers so appointed to examine and admeasure such ships and vessels as aforesaid, may not always be enabled to cause such ship or ' vessel to be laid on shore, for the purpose of ascertaining her tonnage, according to when ves- the rule now by law prescribed for that purpose: And whereas it would in some cases

sels are

afloat.

Bond to be given, not

and to re

in cases

herein spe

cified,

endanger such ship or vessel so to do:' Be it therefore enacted by the authority aforesaid, That in cases where it may be necessary to ascertain the tonnage of any such ships or vessels when afloat, the following method shall be observed; (videlicet) drop a plumb line over the stern of the ship, and measure the distance between such line and the after part of the stern post, at the load water-mark; then measure from the top of the said plumb line, in a parallel direction with the water, to a perpendicular point immediately over the load water-mark, at the fore part of the main stem, subtracting from such measurement the above distance, the remainder will be the ship's extreme length, from which is to be deducted three inches for every foot of the load draught of water, for the rake abaft, and also three fifths of the ship's breadth for the rake forward, the remainder shall be esteemed the just length of the keel to find the tonnage; and the breadth shall be taken from outside to outside of the plank, in the broadest part of the ship, either above or below the main wales, exclusive of all manner of sheathing or doubling that may be wrought upon the side of the ship; then multiplying the length of the keel for tonnage, by the breadth so taken, and that product by half the breadth, and dividing by ninety-four, the quotient shall be deemed the true contents of the tonnage: provided always, that nothing hereinbefore contained shall in anywise be construed to alter the manner of admeasuring the tonnage of any ship or vessel, which has heretofore been practised for the purpose of ascertaining the light duties, or any other duties or imposts whatever, payable according to the tonnage of any ship or vessel.

XV. And be it further enacted by the authority aforesaid, That at the time of to lend cer. obtaining the certificate of registry as aforesaid, sufficient security by bond shall be tificates, given to his Majesty, his heirs and successors, by the master and such of the owners as turn them shall personally attend, as is hereinbefore required, such security to be approved of and taken by the person or persons hereinbefore authorized to make such registry, and grant such certificates of registry, at the port or place in which such certificate shall be granted, in the penalties following; (that is to say) if such ship or vessel shall be a decked vessel, or be above the burthen of fifteen tons, and not exceeding fifty tons, in the penalty of one hundred pounds; if exceeding the burthen of fifty tons, and not exceeding one hundred tons, in the penalty of three hundred pounds; if exceeding the burthen of one hundred tons, and not exceeding two hundred tons, in the penalty of five hundred pounds; if exceeding the burthen of two hundred tons, and not exceeding three hundred tons, in the penalty of eight hundred pounds; and if exceeding the burthen of three hundred tons, in the penalty of one thousand pounds :: and the condition of every such bond 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 shall be lost, or taken by the enemy, burnt, or broken up, or otherwise prevented from returning to the port to which she belongs, the certificate, if preserved, shall be delivered up, within one month after the arrival of the master in any port or place in his Majesty's dominions, to the collector and comptroller of

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