No stamp duty on first regis

try.

ficers of customs, and entered in the

vessel belong, that farther time has been granted by the commissioners of his Majesty's customs, for ascertaining and registering the number or numbers of such shares as cannot then be ascertained.

XXXIV. And be it further enacted, that upon the first registry in compliance with this act, of any ship or vessel which had been before registered, no stamp duty shall be charged upon the bond therein required to be given; and if the certificate of such former registry then delivered up to be cancelled shall have a Mediterranean pass attached thereto, no stamp duty shall be charged on account of the new Mediterranean pass, which shall be obtained in lieu of the one so delivered up and cancelled.

Bills of sale not XXXV. And be it further enacted, that no bill of sale or other instrueffectual until ment in writing shall be valid and effectual to pass the property in any ship produced to of- or vessel or in any share thereof, or for any other purpose, until such bill of sale or other instrument in writing shall have been produced to the collector and comptroller of the port to which such ship or vessel belongs, book of regis- and until the collector and comptroller shall have entered in the book of try. registry of such ship or vessel, and which they are hereby required to do upon the production of the bill of sale or other instrument for that par pose, the name, residence, and description of the vendor or mortgagor, or of each vendor or mortgagor, if more than one, the number of shares transferred, the name, residence, and description of the purchaser or mortgagee, or of each purchaser or mortgagee, if more than one, and the date of the bill of sale or other instrument, and of the production of it; and further, the said collector and comptroller shall and they are hereby required to indorse the aforesaid particulars of such bill of sale or other instrument on the certificate of registry of the said ship or vessel, when the same shall be produced to them for that purpose, in manner and to the effect following; videlicet,

Entry of bill of sale to be valid, except in cer

tain cases.

When a bill of

Custom House [port and date; name, residence, and description of vendor or mortgagor] has transferred by [bill of sale or other instrument] dated [date; number of shares] to [name, residence, and 6 description of purchaser or mortgagee.]

6

'A. B., Collector.
'C. D., Comptroller.'

And forthwith to give notice thereof to the commissioners of customs: and in case the collector and comptroller shall be desired so to do, and the bill of sale or other instrument shall be produced to them for that purpose, then the said collector and comptroller are hereby required to certify, by indorsement upon the said bill of sale or other instrument, that the particulars beforementioned have been so entered in the book of registry, and indorsed upon the certificate of registry as aforesaid.

XXXVI. And be it further enacted, that when and so soon as the particulars of any bill of sale or other instrument, by which any ship or vessel, or any share or shares thereof, shall be transferred, shall have been so entered in the book of registry as aforesaid, the said bill of sale or other instrument shall be valid and effectual to pass the property thereby intended to be transferred, 'as against all and every person and persons whatsoever, and to all intents and purposes, except as against such subsequent purchasers and mortgagees who shall first procure the indorsement to be made upon the certificate of registry of such ship or vessel in manner hereinafter mentioned.

XXXVII. And be it further enacted, that when and after the par

sale has been entered for any shares thirty allowed for indays shall be dorsing the certificate of registry, before any other bill

of sale for the same shall be entered.

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

lost or

Bills of sale may be produced after

entry at other

ports than

those to which
vessels belong,

and transfers
indorsed on
certificate of
registry.

Previous notice to be given to officers at the port of registry.

If, upon regis

try de novo, any shall not have been recorded, the same shall then be produced.

bill of sale

Bills of sale,

previous to registry, may afterwards be recorded.

The New Registry Act.

APPENDIX.

memorandum in the book of registers of the further time so granted;
and during such time no other bill of sale shall be entered for the trans-
fer of the same ship or vessel, or the same share or shares thereof.

XXXVIII. And be it further enacted, that if the certificate of re-
gistry of such ship or vessel shall be produced to the collector and comp-
troller of any port where she may then be, after any 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 as before directed, it shall be
lawful for the collector and comptroller of such other port, to indorse
on such certificate of registry, being required so to do, the transfer
mentioned in such bill of sale, and such collector and comptroller shall
give notice thereof to the collector and comptroller of the port to which
such ship or vessel belongs, who shall record the same in like manner as
if they had made such indorsement themselves, but inserting the name of
the port at which such indorsement was made: provided always, that the
collector and comptroller of such other port shall first give notice to the
collector and comptroller of the port to which such ship or vessel belongs,
of such requisition made to them, to indorse the certificate of registry;
and the collector and comptroller of the port to which such ship or vessel
belongs shall thereupon send information to the collector and comptroller
of such other port, whether any and what other bill or bills of sale have
been recorded in the book of the registry of such ship or vessel; and the
collector and comptroller of such other port having such information, shall
proceed in manner directed by this act, in all respects, to the indorsing
of the certificate of registry, as they would do if such port were the port
to which such vessel belonged.

XXXIX. And be it further enacted, that if it shall become necessary to register any ship or vessel de novo, and any share or shares of such ship or vessel shall have been sold since she was last registered, and the transfer of such share or shares shall not have been recorded and indorsed, in manner herein before directed, the bill of sale thereof shall be produced to the collector and comptroller of his Majesty's customs, who are to make registry of such ship or vessel, otherwise such sale shall not be noticed in such registry de novo, except as hereinafter excepted: proof the existing certificate of registry, such transfer shall and may be revided always, that upon the future production of such bill of sale, and corded and indorsed, as well after such registry de novo as before.

XL. And be it further enacted, that if upon any change of property Upon change of property, in any ship or vessel, the owner or owners shall desire to have the same registry de novo registered de novo, although not required by this act, and the owner or may be granted proper number of owners, shall attend at the customhouse at the port to if desired, although not re- for the collector and comptroller of his Majesty's customs at such which such ship or vessel belongs for that purpose, it shall be lawful quired by law. port, to make registry de novo of such ship or vessel at the same port, and to grant a certificate thereof, the several requisites hereinbefore in this act mentioned and directed being first duly observed and complied with.

Copies of oaths and extracts from books of registry ad

mitted in evidence.

XLI. And whereas great inconvenience hath arisen from the registering officers being served with subpoenas requiring them to bring with them, and produce on trials in courts of law relative to the ownery of vessels, or otherwise, the oaths or affidavits required to be taken by the owners thereof, prior to the registering thereof, and the books of registry or copies or extracts therefrom: and whereas it would tend much to the dispatch of business, if the attendance of such registering officers with

1

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

Vessels or

shares sold in the absence of

owners without formal

powers.

cord of such

cases where bills of sale

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

duced;

security being

given to produce legal powers, or

abide future claims.

XLIII. And be it further enacted, that when any transfer of any ship Transfer by or vessel, or of any share or shares thereof, shall be made only as a se- way of mortcurity for the payment of a debt or debts, either by way of mortgage gage. or of assignment to a trustee or trustees, for the purpose of selling the same

to be deemed

an owner.

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

Transfers of

ships for security of debts being register

ed, rights of mortgagee not affected by any

act of bank

ruptcy of mort

gagor, &c.

Commissioners
in Scotland,
&c. to trans-
mit copies of
certificates to

commissioners
in England.

Governors may

cause proceed ings in suits to be stayed.

XLIV. And be it further enacted, that when any transfer of any ship or vessel, or of any share or shares thereof, shall have been made as a security for the payment of any debt or debts, either by way of mortgage or of assignment as aforesaid, and such transfer shall have been duly registered according to the provisions of this act, the right or interest of the mortgagee or other assignee as aforesaid, shall not be in any manner affected by any act or acts of bankruptcy committed by such mortgagor or assignor, mortgagors or assignors, after the time when such mortgage or assignment shall have been so registered as aforesaid, notwithstanding such mortgagor or assignor, mortgagors or assignors, at the time he or they shall so become bankrupt as aforesaid, shall have in his or their possession, order, and disposition, and shall be the reputed owner or owners of the said ship or vessel or the share or shares thereof, so by him or them mortgaged or assigned as aforesaid; but that such mortgage or other assignment shall take place of and be preferred to any right, claim, or interest, which may belong to the assignee or assignees of such bankrupt or bankrupts in such ship or vessel, share or shares thereof, any law or statute to the contrary thereof notwithstanding.

XLV. And be it also further enacted, that the commissioners of his Majesty's customs in Scotland and Ireland respectively shall transmit, at the end of every month in each year, to the commissioners of his Majesty's customs in England, true and exact copies of all such certificates as shall be granted by them, or by any officer or officers within the limits of their commission, in pursuance of this act.

XLVI. And be it further enacted, that it shall and may be lawful for any governor, lieutenant-governor, or commander in chief of any of his Majesty's colonies, plantations, islands, or territories, and they are hereby respectively authorized and required, if any suit, information, libel, or other prosecution or proceeding of any nature or kind whatever, shall have been commenced, or shall hereafter be commenced, in any court whatever in any of the said colonies, plantations, islands, or territories respectively touching the force and effect of any register, granted to any ship or vessel upon a representation made to any such governor, lieutenantgovernor, or commander in chief, to cause all proceedings thereon to be stayed if he shall see just cause so to do, until his Majesty's pleasure shall be known and certified to him by his Majesty, by and with the advice of his Majesty's privy council; and such governor, lieutenant; governor, or commander in chief, is hereby required to transmit to one