| |
REGISTRY OF SHIPS ACT 1787
|
| |
CHAP. XXIII.
|
| |
An Act for the further Increase and Encouragement of Shipping and Navigation.
|
| |
Preamble,
|
| |
Recital of 14th & 15th Charles 2d.
|
| |
British act 12th Charles 2d, in force in Ireland except as herein.
|
| |
WHEREAS the wealth and strength of this kingdom, and the prosperity and safety of every part of the British empire, greatly depend on the encouragement given to shipping and navigation: and whereas by the forty-ninth rule annexed to, and part of an act passed in Ireland, in the fourteenth and fifteenth years of his late Majesty, Charles the second, entitled, An act for settling the subsidy of poundage, and granting a subsidy of tonnage, and other sums of money into his royal Majesty, his heirs and successors, the same to be paid upon merchandises imported, and exported into, or cut of the kingdom of Ireland, according to a book of rates hereunto annexed: it is directed that an act palled in England, in the twelfth year of the reign of his said. Majesty Charles, the second, entitled, An act for encouraging of shipping and navigation; shall be from time to time duly observed and executed in this kingdom; be it therefore declared and enacted by the King’s most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this, present Parliament assembled, and by the authority of the same, That the said recited act passed in England, in the twelfth year of the reign of King Charles the second, and every provision therein contained, so far as the same are not altered or repeated by this act, is and shall be of full force and effect within this kingdom.
|
|
|
From 1st Aug, 1787, no foreign built vessel, except prizes, entitled to advantages of a British or, Irish built ship or owned by subjects,
to what ships such advantages shall be confined.
|
II. And whereas it is necessary and highly expedient, that the advantages hitherto given to ships owned and navigated by his Majesty’s subjects, should from henceforth in all cafes be confined to ships wholly built and fitted out in his Majesty’s dominions: be it therefore enacted, That from and after the first day of August, one thousand seven hundred and eighty-seven, no ship or vessel foreign built (except such ships or vessels as have been, or shall hereafter be taken by any of his Majesty’s ships or vessel of war, or by any private or other ship or vessel, and condemned as lawful prize in any court of admiralty) nor any ship or vessel built or rebuilt upon any foreign made keel or bottom in the manner heretofore practised and allowed, although owned by his Majesty’s subjects and navigated according to law, shall be any longer intitled to any of the privileges or advantages of a British or Irish built ship, or of a ship owned by his Majesty’s subjects, and that all the said privileges and advantages shall hereafter be confined to such ships only, as are wholly of the built of Great Britain or Ireland, Guernsey, Jersey, or the Isle of Man, or of some of the colonies, plantations, islands, or territories in Asia, Africa, or America, which now belong, or at the time of building such ships or vessels did belong, or which may hereafter belong to or be in the possession of his Majesty, his heirs or successors.
|
|
|
Proviso as to vessels belonging to subjects prior to 1st May 1787.
|
III. Provided always, That nothing herein contained shall extend, or be construed to extend to prohibit such foreign built ships or vessels only, as before the first day of May, one thousand seven hundred and eighty seven, did truly and without fraud wholly belong to any of the people of Great Britain, or Ireland, Guernsey, Jersey, the Isle of Man, or of any of the aforesaid colonies, plantations, islands, or territories, as the proprietors and right owners thereof, and which shall be navigated according to law, and shall also be registered in the manner herein directed, from continuing to enjoy the privileges and advantages they have hitherto enjoyed, or from importing or exporting such goods or commodities as may now be legally imported or exported by such ships or vessels into, and from such ports and places as are now by law allowed, and under such rules, regulations, and restrictions, as have heretofore been made, touching such foreign built ships or vessels.
|
|
|
Not to deprive from advantages vessels herein described.
|
IV. And provided also, That nothing herein contained shall extend, or be construed to extend to deprive any ship or vessel, which before the passing of this act hath been built, or rebuilt upon any foreign made keel or bottom, and which before the said first day of May, one thousand seven hundred and eighty-seven, was duly registered as a British or Irish ship, from continuing to enjoy any privilege or advantage to which such ship or vessel is now by any law or usage entitled, nor to prevent any such ship or vessel which shall have been begun to be repaired or rebuilt before the said first day of May, one thousand seven hundred and eighty-seven, and bona side continued to be repaired or rebuilt, from being registered according to, and in pursuance of this act, by an order under the hands of the commissioners of the revenue in this kingdom, or of any three or more of them, which order the said commissioners are hereby authorized and empowered to make, if it shall be made appear to the satisfaction of the said commissioners upon oath, that such ship or vessel was stranded by the act of providence, and not with a fraudulent intent, and was at the time of being so stranded, the sole property of some foreigner or foreigners, or that such ship or vessel was a droit of admiralty, and it be in like manner fully and clearly ascertained to the satisfaction of such commissioners, that the said ship or vessel from the damage received from being so stranded, was rendered unfit to proceed to sea, without undergoing a thorough repair in this kingdom, and that the was necessarily sold for the benefit of the foreign owner or owners, or being a droit of admiralty, was sold by virtue and under the authority of an order or commission from the court of admiralty, and that she was fairly and openly purchased by a subject or subjects of his Majesty, and being the sole and entire property of such subjects or subjects, that she hath been so much repaired, that two thirds of her at least are of British or Irish built.
|
|
|
None deemed British or Irish ships which shall be rebuilt or repaired in a foreign port except as herein.
|
V. And be it further enacted, That from and after the first day of August, one thousand seven hundred and eighty-seven, no ship or vessel shall be deemed or taken to be British or Irish built, or enjoy the privileges thereunto belonging, which shall from henceforth be rebuilt or repaired in any foreign port or place, if such repairs shall exceed the sum of sixteen shillings and three pence for every ton of the said ship or vessel according to the admeasurement thereof, unless such repairs shall be necessary by reason of extraordinary damage sustained by such ship or vessel during the absence of such ship or vessel from his Majesty’s dominions, to enable her to perform the voyage in which she shall be then engaged, and to return in safety to some port or place of the said dominions, and that before such ship or vessel shall be repaired, so as to exceed the sum aforesaid, the master or other person having or taking the charge or command of such ship or vessel shall report the state and condition thereof upon oath, or (being a quaker,) upon affirmation to his Majesty’s consul, or other chief officer of his Majesty, it there shall be such consul or officer at the port where it shall be necessary to repair such ship or vessel, and shall cause such ship or vessel to be surveyed by two fit and proper persons to be approved of by such consul or chief officer, and shall deliver to such consul or chief officer in writing the particulars of the damage sustained by such ship or vessel, and shall verify upon oath, or being a quaker, upon affirmation to be administered by such consul or chief officer the particulars and amount of the repairs of such ship or vessel, and that the same were become necessary in consequence of damage sustained during the voyage to that port, to enable such ship or vessel to prosecute the voyage then intended and to return to some port or place of his Majesty’s dominions, which the said consul or chief officer is hereby required to certify under his hand and seal; and if there shall not be any such consul or chief officer as aforesaid, resident at or near the port or place where such repairs may be necessary, then that such survey shall be made by two fit and proper persons to be approved of by two known merchants, being his Majesty’s subjects, residing at or near such port or place, and that such master or other person having or taking the charge or command of such ship or vessel, shall produce to such merchants as aforesaid, vouchers of the particulars and amount of the repairs of such ships or vessels, whose certificate of the same shall be of like force and effect as that of the consul or chief officer aforesaid, and in case any ship or vessel shall after the said first day of August, one thousand seven hundred and eighty-seven, be repaired in any foreign port or place, the master or other person having or taking the charge or command thereof, shall make proof on oath, or if a quaker, by affirmation before the collector or other chief officer of the port of this kingdom where the said ship or vessel may first arrive, if required by him so to do, which oath or affirmation the said collector or other chief officer, or either of them, is and are hereby authorized and empowered to administer, of the nature and amount of the charge or expence of such repairs, and if such charge or expence shall appear to exceed the before mentioned sum of sixteen shillings and three pence 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 or other chief officer of such port, 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.
|
|
|
All vessels having a deck, or being of 15 tons burthen or upwards shall be registered as herein,
form of the certificate of the registry.
|
VI. And whereas it is necessary and highly expedient that the mode heretofore observed in this kingdom for the registry of ships and vessels should be altered and amended, and that the same should be extended to all ships and vessels whatever, having a deck, or being of the burthen of fifteen tons or upwards, trading into or from any port within this kingdom: be it therefore enacted, That all and every ship or vessel having a deck, or being of the burthen of fifteen tons, or upwards, belonging to any of his Majesty’s subjects in this kingdom, and which have not been, or shall not be registered in some other port or place in his Majesty’s dominions, in pursuance of an act passed in the Parliament of Great Britain in the twenty-sixth year of his Majesty’s reign, entitled, An act for the further increase and encouragement of shipping and navigation, shall from and after the respective times herein expressed, be registered in manner herein 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 or other chief officer of some port in this kingdom in manner herein directed, and that the form of such certificate shall be as follows, that is to say, “in pursuance of an act passed in the twenty-seventh year of the reign of King George the third, entitled, An act for the further increase and encouragement of shipping and navigation, the names, occupation and residence of the subscribing owner or owners having taken and subscribed the oath required by the said act, and having sworn, that he (or they) together with (names, occupation, and residence of the 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 the date of condemnation) and (name and employment of the surveying officer) having certified to us, that the said ship or vessel is (whether British or Irish, or foreign, or British plantation built) has (number of decks) decks and (number of masts) masts, that her length from the fore part of the main them to the after part of the stern post aloft is (number of sect 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) 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 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.)”
|
|
|
Vessels to be registered in the port to which they belong,
unless by order of commissioners of revenue.
|
VII. And be it further enacted, That no such registry shall hereafter be made or certificate thereof granted by the person or persons herein authorized to make such registry, and grant such certificate in any other port or place, than the port or place within this kingdom, to which such ship or vessel shall properly belong, but that every registry and certificate granted in any port or place to which any such ship or vessel does not properly belong, shall be utterly null and void to all intents and purposes, unless the officers aforesaid, shall be specially authorized and impowered to make such registry, and grant such certificate in any other port, by an order in writing under the hands of the commissioners of his Majesty’s revenue in this kingdom, or any three or more of them for the time being, which order the said commissioners are hereby authorized and impowered to issue in manner aforesaid, if they shall see fit.
|
|
|
Ports to which vessels shall be deemed to belong.
|
VIII. And be it further enacted, That the port to which any ship or vessel shall hereafter be deemed and taken to belong within the intent and meaning of this act, shall be, and is hereby declared to be the port from, and to which such ship or vessel shall usually trade, or (being a new ship) shall intend to trade, and at or near which the husband or acting and managing owner or owners of such ship or vessel usually resides or reside.
|
|
|
Vessels which need not be registered,
proviso as to vessels built in the united states of America, or owned by subjects thereof.
|
IX. Provided always, That nothing in this act contained, shall extend or be construed to extend, to require to be registered according to the directions of this act, any ship or vessel of war, or any other vessel of whatever built the same may be, or under whatever description the same may fall, being the property of his Majesty or of the royal family, or any of them, or any lighters, barges, boats or vessels, of any built or description whatever, used solely in rivers, or inland navigation: and it is hereby declared, that no ship or vessel built in any of the colonies of North America, now called the United States of America, during the time that any act or acts of Parliament made in Great Britain, prohibiting trade and intercourse with those colonies, was or were in force, nor any ship or vessel which was owned by, or belonged to the subjects of the said United States, or any of the said states respectively, during the existence of such acts, and not registered before the commencement of the same, is or shall be intitled to be registered under this present act, or is or shall be intitled to any of the privileges or advantages of a British ship or vessel, unless such ship or vessel shall have been taken and condemned as lawful prize, or having been stranded shall have been built or rebuilt and registered in the manner heretofore practised and allowed.
|
|
|
Persons who shall not be deemed owners of British or Irish vessels.
|
X. And be it further enacted, That no subject of his Majesty, his heirs and successors, whose usual residence is in any country not under the dominion of his Majesty, his heirs and successors, shall be deemed or intitled during the time he shall continue so to reside, to be the owner in whole or in part of any British or Irish ship or vessel, required and authorized to be registered by virtue of this act, unless he be a member of some British or Irish factory, or agent for or partner in any house or copartnership actually carrying on trade in Great Britain or Ireland.
|
|
|
No registry shall be made nor certificate granted untill the oath herein be taken.
|
XI. And be it further enacted, That no registry, shall from henceforth be made or certificate granted until the following oath be taken and subscribed before the person or persons herein authorized to make such registry, and grant such certificate respectively (which they are hereby respectively impowered to administer) by the owner of such ship or vessel, if such ship or vessel is owned by or 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 registry 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 aforesaid, not in any case exceeding three of such owners or proprietors, or by one of such owners or proprietors, if all shall be resident at a greater distance.
|
|
| |
Oath.
|
|
| |
I A. B. of (place of residence and occupation) do make oath, that the ship, or vessel (name of port or place) whereof (masters name) is at present master, being (kind of built, burthen, et cetera, 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, viz. 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 side, a subject (or subjects) of his Majesty, 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-seventh year of the reign of King George the third, entitled, “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 his Majesty, (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 Parliament 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 his Majesty, by his Majesty’s letters patent, or by any act of Parliament passed since the first day of January, one thousand seven hundred and eighty-seven, (naming the time 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, both any share or part, or interest in the said ship or vessel.
|
|
|
Oaths for acquiring rights of citizens in foreign states as herein not deemed oaths of allegiance.
|
XII. Provided always, That any oath which shall have been, or may be taken for the sole purpose of acquiring the rights of a citizen or burgher, in any foreign city or town in Europe (to be enjoyed during the time that the person or persons making such oath shall reside in such city or town, and for a limited time after such residence shall have expired) shall not be deemed an oath of allegiance to a foreign state within the true intent and meaning of this act.
|
|
|
Addition to said oath when the whole of the partners in any vessel do not attend.
|
XIII. And be it further enacted, That in case the number of joint owners or proprietors of any ship or vessel shall amount to three or more, and three or more of such joint owners or proprietors shall not personally attend to take and subscribe the oath herein directed to be taken and subscribed, then, and in such case, such owner or owners, proprietor or proprietors, as shall personally attend, and take and subscribe the oath aforesaid, shall further make oath, that the part owner, or 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 of the oath herein directed to be taken and subscribed, or is or are prevented by illness from attending to take and subscribe the said oath.
|
|
|
Vessels to be carefully examined and admeasured before registered.
|
XIV. And in order to enable the proper officer or officers of the revenue 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 his Majesty’s revenue, on due examination, to discover whether any such ship or vessel is the same with that for which a certificate is alledged to have been granted: be it enacted, That previous to the registry or granting any certificate of registry as aforesaid, some one or more proper person or persons appointed by the commissioners of the revenue in Ireland for the time being (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 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.
|
|
|
Persons appointed to admeasure and examine such vessels giving a false description, or persons who make or grant a false registry forfeit 100l. &c.
|
XV. And be it further enacted, That if such person or persons so appointed to examine and admeasure such ships or vessels as aforesaid, shall wilfully deliver to any person or persons authorized to make registry, and grant certificates of registry as aforesaid, a false description of any of the particulars thereby required to be contained in such certificate, or if any person or persons herein authorized to make such registry, and grant such certificates of registry, shall 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 the courts of record within this kingdom, shall forfeit the sum of one hundred pounds to his Majesty, his heirs and successors, and be for ever incapable of holding or enjoying any office or employment under his Majesty, his heirs and successors.
|
|
|
Method of admeasuring vessels when afloat.
|
XVI. 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: and whereas it would in some cases endanger such ship or vessel so to do: be it therefore enacted, That in all cases where it may be necessary to ascertain the tonnage of any such ships or vessels when afloat, the following method shall be observed, viz. 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 wark, 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 stern, subtracting from such measurement the above distance, the remainder will be the ships 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 ships 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.
|
|
|
Not to alter the mode of admeasurement to ascertain light duties, &c.
|
XVII. Provided always, That nothing herein contained, shall in any wife 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.
|
|
|
Security to be given by the master and owners of vessels,
or liable to penalties herein,
condition of the bond.
|
XVIII. And be it further enacted, That at the time of obtaining the certificate of registry as aforesaid, sufficient security by bond shall be given to his Majesty, his heirs or successors, by the master, and such of the owners as shall personally attend as is herein required, such security to be approved of and taken by the person or persons by this act 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 of 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 or vessel shall be lost or taken by the enemy, burnt or broken up, or otherwise prevented from returning to the port to which the belongs, the certificate if preserved shall be delivered up within one month after the arrival of the master in any port or place within his Majesty’s dominions, to the collector or other chief officer of such port or place, or any person or persons authorized by his Majesty to receive the same, and that if any foreigner or any person or persons for his use and benefit, shall purchase or otherwise become intitled to the whole or any part or share of, or any interest in such ship or vessel, and the same shall be within the limits of any port within this kingdom, or any port or place in his Majesty’s dominions, then and in such case the certificate of registry, shall within seven days after such purchase or transfer of property in such strip or vessel be delivered up to the person or persons authorized to make registry, and grant certificates of registry at such port or place respectively, and if such ship or vessel shall be in any foreign port when such purchase, or transfer of interest or property shall take place, then that the same shall be delivered up to his Majesty’s consul or other chief officer of his Majesty, resident at or nearest to such foreign port, or if such ship or vessel shall be at sea, when such purchase or transfer of interest or property shall take place; then, that the same shall be delivered up to his Majesty’s consul or other chief officer of his Majesty, 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 within this kingdom, or any port or place in his Majesty’s dominions, then that the same shall be delivered up in manner aforesaid, within fourteen days after the arrival of such ship or vessel, or of the person who had the command thereof, in any port within this kingdom, or any port or place in his Majesty’s dominions; and that if any pass, commonly called a Mediterranean pass, shall have been obtained or procured for any such ship or vessel, then and in such case the same shall be delivered up at the same time, and in like manner with the certificate of registry aforesaid, to the person or persons authorized to receive such certificate of registry, who are hereby required forthwith to transmit such certificates and passes to the commissioners of the revenue, in order that such certificates may by them be cancelled, and that such passes may be returned to the lord high admiral of Great Britain and Ireland, for the time being, or to the commissioners for executing the said office of lord high admiral, to be by them respectively cancelled.
|
|
|
Name of vessels not to be altered,
if the property in such ships be changed there must be a new registry, &c.
|
XIX. And be it further enacted, That the name of any ship or vessel registered, shall not be afterwards changed, nor shall any transfer of property to another port be made in any such ship or vessel without registering such ship or vessel de novo, in the manner herein directed, and delivering up the former certificate of registry to be cancelled, and in case there be any alteration of property in the same port by the sale of one or more share or shares in any ship or vessel after the same shall have been registered, such alteration of property shall, and is hereby required to be acknowledged by indorsement on the certificate of registry before two witnesses, in order to prove that the whole and entire property in such ship or vessel remains to some one or more of his Majesty’s subjects, and there shall also be indorsed on such certificate of registry before two witnesses, the town, place or parish where all and every person or persons to whom the property in any such ship or vessel, or any part thereof, shall be so transferred, shall reside, or if such person or persons usually resides, or reside in any country, not under the dominion of his Majesty, his heirs and successors, but in some British or Irish factory, the name of such factory of which such person or persons is or are a member or members of, if such person or persons resides, or reside in any foreign town or city, and is or are not a member or members of some British or Irish factory, the name of such foreign town or city, where such person or persons usually resides, or reside, and also the names of the house or copartnership in Great Britain or Ireland for or with whom such person or persons is or are agent or partner, or agents or partners, and the person or persons to whom the property of such ship or vessel shall be so transferred, or his or their agent shall also deliver a copy of such indorsement to the person or persons authorized to make registry, and grant certificates of registry as aforesaid, who are hereby required to cause an entry thereof to be indorsed on the oath or affidavit upon which the original certificate of registry of such ship or vessel was obtained, and shall also make a memorandum of the same in the book of registers, which is hereby directed and required to be kept, and shall forthwith give notice thereof to the commissioners of the revenue within this kingdom.
|
|
|
When a vessel is sold by on subject to another the certificate of the registry must be recited in the bill of sale, or it shall be void.
|
XX. And be it further enacted, That when and so often as the property in any ship or vessel belonging to any of his Majesty’s subjects shall be transferred to any other or others of his Majesty’s subjects in the whole, or in part, the certificate of the registry of such ship or vessel shall be truly and accurately recited in words at length in the bill, or other instrument of sale thereof, and that otherwise such bill of sale, or other instrument of sale shall be utterly null and void to all intents and purposes.
|
|
|
When the master of such vessels shall be changed, notice shall be given, and a memorandum taken as herein.
|
XXI. And be it further enacted, That 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 herein directed shall be changed, the maater or owner of such ship or vessel shall deliver to the person or persons authorized to make such registry, and grant such certificate 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 the revenue of this kingdom.
|
|
|
Vessel’s name not to be altered,
to be painted on the stern,
and name of the port,
not to be altered, &c. except square rigged in time of war,
penalty 100l.
|
XXII. And whereas many frauds are committed by the frequent change of names given to ships and vessels, and the difficulty of comparing the entry in the book of registers herein directed to be kept by all such person or persons as are authorized to register ships and vessels and to grant certificates of the same with the registers of which they claim the benefit, is thereby greatly increased: be it therefore enacted, That 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 the was first registered in pursuance of this act; and that the owner or owners of all and every ship or vessel which shall be so registered, shall, within one month from the time of such registry, paint, or cause to be painted in white or yellow Roman letters, of length not less than four inches, upon a black ground, on some conspicuous part of the stern, provided there shall he sufficient space for that purpose; but if not then in letters as large as such space will admit, the name by which such ship or vessel shall have been registered pursuant to this act, and the port to which the belongs, in a distinct and legible manner, and shall so keep and preserve the same; and that if such owner or owners, or master, or other person having or taking the charge or command of such ship or vessel, shall wilfully alter, erase, obliterate, or in any wise hide or conceal, or cause or procure, or permit the same to be altered, erased, obliterated, or in any wise hidden or concealed, 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 the was first registered pursuant to this act, 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 his Majesty’s revenue in the execution of his or their deputy, then, and in every such case, such owner or owners, master, or other person having or taking the charge or command of such ship or vessel shall forfeit the sum of one hundred pounds.
|
|
|
Persons applying for a certificate of registry of vessel built after January 1787, shall furnish the officer with an account as herein, under the band of the builder,
oath to be made.
|
XXIII. And be it further enacted, That every person who shall apply for a certificate of the registry of any ship or vessel within this kingdom, which shall be built, or whole building shall be compleated after the first day of January, one thousand seven hundred and eighty-seven, 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, 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 names 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 oath before the person or persons herein authorized to grant such certificate, which oath he or they are hereby authorized to administer, 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.
|
|
|
If certificate of registry be lost or mislaid, and oath be made as herein.
|
XXIV. And be it further enacted, That if any ship or vessel which shall have been registered in this kingdom, according to the provisions of this act, or in any other part of his Majesty’s dominions, according to the provisions of an act made and passed in the Parliament of Great Britain, in the twenty-sixth year of his present Majesty’s reign, entitled, An act for the further increase and encouragement of shipping and navigation, shall arrive at any port or place of this kingdom, and the master or other person having or taking the charge or command of such ship or vessel shall make oath, or being a quaker, a solemn affirmation in the following form, before the officer or officers of the said port herein authorized to make registry, and grant certificates of registry, which officer or officers are hereby authorized to administer the same:
|
|
| |
Oath.
|
|
| |
I. A. B. being the master, or having the charge of the ship or vessel called the (naming the ship) do swear, or solemnly affirm, that the said ship or vessel has been, as I verily believe, registered according to law, and that I bad a certificate of such registry granted at the port of (naming the port) but that the same is lost or mislaid, and that I cannot find the same, and do not know where the same is, or what is become thereof, and that the same bath not been, nor shall be with my privity or knowledge sold or disposed of to any person or persons whatever, and that I, the depenent or affirmant, and three-fourths of the mariners navigating the said ship or vessel are his Majesty’s subjects, and that the said ship or vessel does new, as I verily believe, belong wholly to his Majesty’s subjects, and that no foreigner, directly or indirectly, to my knowledge or belief, has any share, property, or interest therein.
|
|
| |
and security be given.
|
|
| |
A certificate shall be granted, enacting to same advantage for that voyage as the original,
|
|
| |
a like certificate of force if granted in any other part of his Majesty’s dominions.
|
|
| |
And that if the said master, or other person navigating the said ship or vessel, shall also give good and sufficient security, in the penalty of five hundred pounds, if the ship or vessel be of the burthen of one hundred tons, or under, and so in proportion for every ship or vessel of a greater burthen, to the officer or officers aforesaid, in his Majesty’s name, and to his Majesty’s use, with condition that the said ship or vessel was duly registered according to law, at the port of (naming the port) and that the certificate of the said registry, if found, shall be delivered up to the commissioners of the revenue in this kingdom to be cancelled, and that no illegal use has been, or shall be made thereof, and that the same has not been, and shall not be fraudulently disposed of, and that the said ship or vessel does wholly belong to his Majesty’s subjects, and that no foreigner has any share, property, or interest therein, the officer or officers aforesaid, shall in such case freely, and without fee or reward, give to the said master, or other person having the charge or command of such ship or vessel, a certificate, under his or their hands and seals, of his having given such bond, and made such oath or affirmation, and thereupon the said ship or vessel shall have liberty to trade (for that voyage only) in the same manner as if the original certificate of registry had been produced, and the said certificate so to be given, shall have the same force and effect during the said voyage only as the original certificate of registry, and the officer or officers aforesaid administering the said oath or affirmation, and taking the said bond, shall transmit an account thereof to the commissioners of his Majesty’s revenue; and that if any ship or vessel shall arrive in any port or place of this kingdom, with a like certificate, granted by the proper officer or officers of any port or place in any other part of his Majesty’s dominions, pursuant to the provisions of any act or acts made and passed in the Parliament of Great Britain, such ship or vessel shall be allowed to trade in any port or place in this kingdom, for that voyage only, according to the purport of such certificate.
|
|
|
If upon arrival of any vessel in the port in this kingdom to which the belongs, proof of loss of certificate of registry he made, and security be given that it hath not, nor will not be fraudulently disposed of or used,
a new registry shall be made, and certificate granted.
|
XXV. And be it further enacted, That if upon the arrival of any such ship or vessel in any port or place of this kingdom to which the shall belong, the master or other person having or taking the charge or command of such ship or vessel, and one or more of the owners thereof, shall make proof to the satisfaction of the commissioners of his Majesty’s revenue upon oath, or in case of a quaker, upon solemn affirmation, which oath or affirmation the said commissioners, or any of them, is hereby authorized and required to administer of the loss of the certificate of registry granted to such ship or vessel, and shall likewise give good and sufficient security in the penalty of five hundred pounds, if the ship or vessel be of the burthen of one hundred tons, or under, and so in proportion for every ship or vessel of a greater burthen, to the collector of the port to which such ship or vessel shall belong, that the original certificate hath not been, nor shall be fraudulently disposed of or used contrary to law, and that the same, when found, shall be delivered up to the commissioners of his Majesty’s revenue, and the said commissioners are hereby required in such case only, to authorize the proper officers of the port to which such ship or vessel belongs, to register the said ship or vessel de novo, and to grant a certificate of registry according to the regulations, and in the manner and form prescribed by this act.
|
|
|
Vessels altered in form or burthen, &c to be new registered, otherwise deemed foreign.
|
XXVI. And be it further enacted, That if any ship or vessel, after the shall have been registered, pursuant to the directions of this act, shall in any manner whatever be altered in form or burthen, by being lengthened or built upon, or shall be altered from a sloop to a brigantine, or from any one denomination of a vessel to another, by the mode or method of rigging or fitting, in such case such ship or vessel shall be registered de novo, in manner herein required, as soon as the returns to the port to which the belongs, or to any other port in which the may be legally registered by virtue of this act, on failure whereof, such ship or vessel shall, to all intents and purposes, be considered, and deemed, and taken to be a foreign ship or vessel.
|
|
|
Proceedings upon vessels taken and condemned as prizes.
|
XXVII. And be it further enacted, That the owner or owners of all such ships and vessels as shall be taken by any of his Majesty’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, shall, upon registering such ship or vessel, before he or they shall obtain such certificate as aforesaid, produce to the persons authorized to register and grant certificates of registry, 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 required to grant, and also a true and exact account in writing of all the particulars contained in the certificate herein 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 or vessel, and shall also make oath before the said officer, which he is hereby authorized and required to administer, that such ship or vessel is the same vessel which is mentioned in the certificate of the judge aforesaid.
|
|
|
From 1st Jan. 1787, prizes to pay 5l. per cent, of their value to his Majesty before registry.
|
XXVIII. And be it enacted, That from and after the first day of January; one thousand seven hundred and eighty seven, for and upon every ship or vessel which shall have been taken as prize, and brought into any port or place of this kingdom, and there condemned, the duty of customs, being five per cent. of her value, and nothing more shall be paid to his Majesty, his heirs and successors, before the shall be registered in manner herein directed.
|
|
|
A like sum to be paid by vessels condemned in any of the British colonies or territories, before entry,
an account of the sum sold for to be produced.
|
XXIX. And be it further enacted, That upon every ship or vessel heretofore taken as prize, and condemned and registered in any of the colonies, plantations, islands, or territories to Great Britain belonging, or which shall hereafter be to taken, condemned, and registered therein, a like duty of five pounds per centum, on the value thereof shall be paid to his Majesty, his heirs and successors, on her first arrival in any port or place of this kingdom, before the shall be admitted to an entry; and an in all such cases the master or owner of such ship or vessel shall produce an exact and particular account of the sum which such ship or vessel shall have been sold for, subjoined to such certificate of her registry, and verified by the oath of the person or persons who shall have applied for such certificate of registry.
|
|
|
Certificates to mention where vessels have been built.
|
XXX. And whereas it is necessary to distinguish in the certificate which shall hereafter be granted in pursuance of this act, whether the ships or vessels to be registered as aforesaid, be of the built of Great Britain, or Ireland, Guernsey, Jersey, or the Isle of Man, or the colonies, plantations, islands, or territories to Great Britain belonging, or of the built of any foreign country; be it enacted, That the certificates which shall hereafter be granted in pursuance of this act, shall distinguish whether such ships or vessels be of the built of Great Britain, Guernsey, Jersey, the Isle of Man, or of the built of Ireland, or of the colonies, plantations, islands, or territories aforesaid, or of any foreign country, and shall, if British, Irish, or plantation built, be entitled, “certificate of British, Irish, or British plantation registry,” and if such ships be foreign built, shall be entitled, “certificate of foreign ships registry, for the European trade, British, or Irish property,” as the case may be.
|
|
|
Notice to be given by the commissioners of the revenue that vessels belonging to his Majesty’s subjects be registered as herein.
|
XXXI. And whereas many foreign built ships and vessels belonging to, or pretended to belong to his Majesty’s subjects, have by fraudulent contrivances, and under false pretences obtained registers, by virtue of which such ships and vessels are at present used and employed contrary to the laws now in force, in the trade to and from the colonies, plantations, islands, or territories in Asia, Africa, and America to Great Britain belonging, and it is therefore expedient and necessary for detecting the frauds at present committed, and for preventing the same in future, that all registers heretofore granted, should be called in and delivered up to the proper officer to be cancelled, and that new registers of the form herein described, should be granted in lieu thereof in the manner herein directed, to all such ships or vessels as shall appear to be legally entitled to the same: And whereas it is expedient to specify and direct at what time and in what manner all other ships and vessels which are not now by law required to be registered, should hereafter be registered according to the intent and meaning of this act, and should receive certificates according to the form, and in the manner herein directed; be it therefore, enacted, That the commissioners of the revenue be, and they are hereby authorized and required to give publick notice by all such ways and means as they shall judge most proper and effectual, that within a certain reasonable time or times as may be best adapted to the distance of the parts to which the ships and vessels owned by his Majesty’s subjects shall respectively belong, to be by them specified and published, certificates of registry according to the form herein described, will be ready to be granted in manner herein directed to all such ships and vessels as shall be legally entitled thereunto, and that the owner or owners of every such ship or vessel not heretofore required to be registered, shall on the first arrival of every such ship or vessel, at the port or place to which the belongs, within the time assigned in the notice herein directed, cause such ship or vessel to be registered, and shall obtain a certificate thereof, in manner herein directed, and that the owner or owners of any ship or vessel which shall have been heretofore registered, shall in like manner upon the first arrival of such ship or vessel at the port or place to which she belongs, within the time assigned in the notice herein directed, cause such ship or vessel to be again registered, and obtain a certificate thereof, according to the form, and in the manner herein described, and shall then deliver up the register before granted, if the same be not lost or mislaid, and if the same shall have been lost or mislaid, shall make oath before the proper officer appointed to register, and grant certificates of registry, who is hereby authorized and required to administer the same, that such register has been lost or mislaid, and shall give security in manner herein directed in the case of registers and certificates de novo.
|
|
|
12 Months after time mentioned in notice, shall be given to Irish vessels for making a new registry.
|
XXXII. And be it enacted, That from and after the expiration of such time as shall be assigned by the notice herein directed to be given, twelve calendar months shall be allowed to all ships and vessels belonging to any of the ports of this kingdom to be registered, and obtain certificates of registry, according to the form, and in the manner herein described, and that all other registers shall from thenceforth be utterly null and void, to all intents and purposes whatever.
|
|
|
Vessels unavoidably detained from this kingdom longer than the limited time, may be registered.
|
XXXIII. Provided nevertheless, That in case it shall happen, that any such ship or vessel, from any unavoidable necessity or reasonable cause, shall not return to the port to which she belongs, within the time herein assigned, it shall and may be lawful for the commissioners of the revenue, or any three of them for the time being, and they are hereby required upon proof being made to their satisfaction, of such unavoidable necessity or reasonable cause, to admit such ship or vessel to be registered, upon the terms and conditions, and under the regulations and restrictions directed and required by this act, any thing herein contained to the contrary notwithstanding.
|
|
|
Vessels which should be registered as herein, not admitted to clear out as British or Irish vessels, nor be entitled to privileges of such, unless they have certificates,
departing from the port without such certificates, forfeited, together with their guns, tackle, &c.
|
XXXIV. And be it further enacted, That if any ship or vessel which by this act is directed hereafter to be registered, or which is directed (instead of the register now required by law) to take out a new register according to the form and in the manner herein described, shall arrive at the port to which she belongs, at the expiration of the time assigned in the notice herein directed such ship or vessel shall not be permitted to clear outwards to foreign parts, or coastways, or to proceed to sea in order to fish on the coast, or for any other purpose whatever, as a British or Irish ship or vessel, nor shall be in any wise entitled to the privileges of a British or Irish ship or vessel, unless the owner or owners thereof shall have obtained a certificate, according to the form, and in the manner by this act described and directed; and in case any such ship or vessel shall depart from such port without being registered, and without having obtained a certificate as aforesaid, every such ship or vessel shall be subject to forfeiture, together with all the guns, furniture, ammunition, tackle, and apparel to such ship or vessel belonging.
|
|
|
Vessels found as herein, after time assigned in notice, shall be detained till security, conditioned as herein, be given.
such vessels shall be surveyed,
upon requisites being complied with, such vessels shall be registered.
|
XXXV. And be it further enacted, That if after the expiration of the time assigned in the notice herein directed to be given, any ship or vessel (being square-rigged) shall be found in any port within the distance of twenty leagues by water from the port to which she belongs, or if any vessel, not being square-rigged, be found within any port, other than that to which she belongs, without having obtained the certificate of registry herein directed, it shall and may be lawful to and for the principal officer or officers of such port, and he and they is and are hereby required to detain such ship or vessel, until the master, or other person having or taking the charge or command thereof, shall, if such ship or vessel shall not exceed the burthen of fifty tons, give security by bond in the penalty of fifty pounds in manner herein directed; and if such ship or vessel shall exceed the burthen of fifty tons, and shall not exceed that of one hundred tons, then until the master, or other person having, or taking the charge or command thereof, shall in like manner give security by bond in the penalty of one hundred pounds, and if such ship or vessel shall exceed the burthen of one hundred tons, then until the master or other person having or taking the charge or command thereof, shall, together with one sufficient security (to be approved by such principal officer or officers) give bond to his Majesty, his heirs and successors, to be taken by such officer or officers in the penalty of two hundred pounds, with condition, that such master, or other person, so having or taking the charge or command of every such ship or vessel, shall repair with her, as soon as conveniently may be, to the port to which she belongs, and there cause her to be registered, and procure a certificate of such registry in the form and manner herein directed, and produce and deliver to such officer or officers, such certificate of registry, within the time limited in the condition of such bond, which limitation of time, such officer or officers is and are hereby authorized, to six according to the distance which such ship or vessel may be from the port to which she belongs, and the nature of the voyage in which she then may be engaged, and on failure of producing and delivering such certificate as aforesaid, such bond shall be forfeited; but if such certificate shall be produced and delivered to such officer or officers within the time so limited in the bond, such bond shall be void and of none effect, and he or they is and are hereby authorized and required to cancel the same; and in case any square-rigged ship or vessel, after the commencement of the time assigned in the notice aforesaid, shall be found in any port distant more than twenty leagues by water from the port to which she belongs, or that the water at the entrance of the port to which such ship or vessel belongs, shall be so shallow, as not to admit her entrance into the same, without endangering the safety of such ship or vessel, the master or other person having the charge or command of such ship or vessel, shall within forty-eight hours after his arrival at such port as aforesaid, make known his arrival to the collector or other chief officer resident at such port, and shall require such collector or other chief officer to cause his ship or vessel to be surveyed by the proper officer at such port, who shall be appointed pursuant to the directions of this act to survey ships and vessels there, and who shall accordingly make a perfect and accurate survey thereof, and certify the several particulars thereof in like manner as is herein directed, and such collector and comptroller, or other principal officer shall immediately transmit the said certificate of survey to the persons authorized to register ships and vessels, and grant certificates of registry at the port to which such ship or vessel belongs, who thereupon, and upon all the other requisites of this act being complied with, shall register such ship or vessel, and grant a certificate of the registry thereof pursuant to this act; and it shall and may be lawful to and for the collector or other chief officer resident at the port where such ship or vessel shall be so found, and he or they are hereby authorized and required to detain such ship or vessel until a perfect and accurate survey thereof shall be made in manner herein directed.
|
|
|
Certificate of registry to be produced to the proper officer.
Penalty 100l.
|
XXXVI. And be it further enacted, That after the expiration of the time assigned in the notice aforesaid, the master or other person having or taking the charge or command of every ship or vessel which shall have been registered, and shall have procured a certificate of the registry according to the directions of this act, shall upon demand, produce such certificate of registry to the principal officer or officers of every port in his Majesty’s dominions, or to his Majesty’s consul or chief officer in any foreign port in which such ship or vessel shall arrive, for the inspection of such consul, officer or officers, in order to satisfy him or them, that she has been properly registered, under the penalty of one hundred pounds.
|
|
|
Registers and certificates to be numbered,
entered in a book,
and copies transmitted to commissioners, &c.
penalty.
|
XXXVII. And be it further enacted, That the proper officer at every port and place where registers and certificates shall be granted in pursuance of this act, shall progressively number the same, as they shall be severally granted, beginning such progressive numeration, at the commencement of each and every year, and shall enter an exact copy of every such certificate, with the number thereof, in a book to be kept for that purpose, and shall also forthwith, or within one month at the farthest, transmit to the commissioners of the revenue in this kingdom a true and exact copy, together with the number of event certificate, which shall be by him so granted, and that if any such officer or officers shall neglect or refuse so to do, he or they so offending, shall for the first offence forfeit the sum of one hundred pounds, and shall for the second offence forfeit the sum of two hundred pounds, and be dismissed from his or their office or offices.
|
|
|
Fees for registering.
|
XXXVIII. And be it further enacted, That in lieu of all fees and perquisites now payable to any person or persons, on the registry of any ship or vessel so built, before the first day of May, one thousand seven hundred and eighty-seven, there shall be paid, on the first registry of every ship or vessel which shall be registered pursuant to this act, the following sums, by way of fees or perquisites, and no more, that is to say, by all ships or vessels decked, or of the burthen of fifteen tons, and not exceeding fifty tons, the sum of one shilling and six-pence, and no more, and by all ships or vessels exceeding fifty tons, and not exceeding one hundred tons, the sum of two shillings and six-pence, and no more, and by all ships or vessels exceeding one hundred tons, and not exceeding two hundred tons, the sum of three shillings and six-pence, and no more, and by all ships or vessels exceeding two hundred tons, the sum of five shillings, and no more, which several sums shall be payable to such officers respectively, in the same shares and proportions in which the sums now payable are distributed, and that the like fees and perquisites respectively shall be paid upon the registry of, or transfer of property in any ship or vessel, after the same shall have been registered in manner herein directed.
|
|
|
Penalty on persons not performing the matters hereby required.
|
XXXIX. And be it further enacted, That is any person or persons authorized and required by this act, in respect of his or their office or offices, to perform, any act or thing directed and required to be done or performed, pursuant to any of the provisions of this act, shall wilfully neglect or refuse to do or perform the same, according to the true intent and meaning of this act, every such person so neglecting or refusing shall, on being duly convicted thereof, forfeit the sum of five hundred pounds to his Majesty, his heirs and successors, and for the second offence shall forfeit in like manner the sum of five hundred pounds to his Majesty, his heirs and successors, and shall from thenceforth be rendered incapable of serving his Majesty in any office or employment relative to the revenue, or in any civil capacity whatever.
|
|
|
Penalty on swearing falsly, or counterfeiting any certificate.
|
XL. And be it further enacted, That if any person or persons shall knowingly and wilfully, falsely make oath to any of the matters herein required to be so verified, such person or persons shall suffer the like pains and penalties as are incurred by persons committing wilful and corrupt perjury; and that if any person or persons shall counterfeit, erase, alter, or falsify any certificate required or directed to be obtained by this act, or shall knowingly or wilfully make use of any certificate so counterfeited, erased, altered, or falsified, such person or persons shall for every such offence forfeit the sum of five hundred pounds.
|
|
|
Penalties, how to be recovered and applied.
|
XLI. And be it further enacted, That all the penalties and forfeitures inflicted and incurred by this act (except in cases where it is herein otherwise provided) shall and may be sued, prosecuted, and recovered by action or information, in any of his Majesty’s courts of record at Dublin; and that the officer or officers concerned in seizures or prosecutions under this act, shall be entitled to, and receive the same share of the produce arising from such seizures as in the case of seizure 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.
|
|
|
British vessels entitled to same advantages as Irish.
|
XLII. And be it further enacted, That the ships and vessels which now belong, or shall hereafter belong to his Majesty’s subjects residing in Great Britain, or in any of the dominions thereunto belonging, being duly qualified and registered according to the provisions of an act made and passed in the parliament of Great Britain, in the twenty-sixth year of his present Majesty’s reign, entitled, An act for the further encrease end encouragement of shipping and navigation, shall continue to enjoy all the benefits and advantages within this kingdom to which any ship or vessel will be entitled, that shall hereafter be registered by virtue of this act, in as full and ample a manner as if such ship and vessel belonged to his Majesty’s subjects residing in this kingdom, and was duly registered according to the provisions of this act; any thing herein contained to the contrary thereof notwithstanding.
|
