remain the same as they were at the Time of such Registry, -and the Owner or Owners, or any One of them, who shall attend to take and subscribe the Oath required by this Act before Registry be made, shall be the same as Shares. was or were the Owner or Owners, or One of them, who took and subscribed such Oath before such First Registry was made, such original Owner or Owners - instead of producing the Bills of Sale, shall declare upon Oath, to the best of his or their Knowledge and Belief, the Number of such Shares held by him or them, or by any other original Owner or Owners, - whose proportionate Property in such Ship or Vessel shall have remained unchanged: PROVIDED always, that if at the Time of such If Shares of Registry de novo such Owner or Owners shall make Oath that he and they, and each of them, are unable to Registry for produce the Bill or Bills of Sale, or to give any certain that Time may Account or Proof of the Share or Shares of the other be made without previous Owners, or some or any one of them, it shall be lawful for the Collector and Comptroller to register such Ship or Vessel-without requiring the Share or Shares of such Owner or Owners to be declared and specified. (1) Owners cannot be ascertained, stating them. Shares must be registered within a certain Time; XXXV. PROVIDED also, and be it further enacted, That from and after the Commencement of this Act (2),—or from and after the First Arrival and Entry of any Ship or Vessel, after such Commencement, at the Port to which she belongs, or at any other Port which shall be in the same Part of the United Kingdom, or in the same Colony, Plantation, Island, or Territory as the said Port shall be in, -no Certificate of Registry shall be in force, except such as shall be granted under the Authority of this Act, or which shall have been granted under the Authority of an Act passed in the Fourth Year of the Reign of His present Majesty, intituled An Act for the registering of 4 G. 4. c. 41. Vessels, AND in which the Share or Shares hereinbefore described held by each Owner shall be set forth,unless it shall be certified thereon by the Collector and unless CommisComptroller of the Port to which such Ship or Vessel belong, that farther - Time (3) has been granted by the sioners give further Time. (1) See § 35. By which it is made necessary that the granting of further Time to specify the Shares must be indorsed on the Certificate of Registry. (2) 5th Jan. 1826. See § 1; also § 4. (3) The Time allowed by the Commissioners must be stated, after which the Certificate of Registry will not be in force. No Stamp Duty try. 6o GEO. 4. Commissioners of His Majesty's Customs for ascertaining and registering the Number or Numbers of such Shares as cannot then be ascertained. XXXVI. AND be it further enacted, That upon the on First Regis- First Registry in compliance with this Act, of any Ship or Vessel which had been before registered, no Stamp Duty (1) 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 effectual until toms, and entered in the Book of Registry or of intended Registry. TRANSFERS. XXXVII. AND be it further enacted, That no Bill of Sale (2) or other Instrument in Writing, shall be valid produced to Officers of Cus- and effectual to pass the Property in any Ship or Vessel, or in any Share thereof, or for any other Purpose (3), — until such Bill of Sale or other Instrument in Writing shall have been produced to the Collector and Comptroller of the Port at which such Ship or Vessel is registered, or to the Collector and Comptroller of any other Port at which she is about to be registered de novo, as the Case may be, NOR until such Collector and Comptroller respectively shall have entered in the Book of Registry — or in the Book of intended Registry of such Ship or Vessel, as the Case may be (4), (and which they are respectively hereby required to do upon the Production of the Bill of Sale or other Instrument for that Purpose) the Name, Residence, and Description of the Vendor or Mortgagor (5), or of each Vendor or Mortgagor, if more (1) See Cap. 111. § 18. See also Act, 6 Geo. 4. Cap. 41. § 2. (3) See Mortgage and Security for Debts, § 45, 46. (4) The Indorsement of the Transfer is Evidence at the buying Port that the Bill of Sale has been entered in the Book of Registry at the selling Port. If the Indorsement have not been made the Bill of Sale must be produced at the new Port, and the Entry of it made in the Book of Registry there. It will be seen that there is no Time limited for the Production of the Bill of Sale; but the Title of the Buyer is not made good against other Claimants, until it has been produced, and recognized either by Indorsement or by Registry de novo, § 38, 39, 41 and 42. (5) See Transfer by way of Mortgage, § 45 and 46. than One, the Number of Shares transferred, the 6 Transfers. 'Custom House [Port and Date; Name, Residence, and Form of InDescription of Vendor or Mortgagor (2)] has trans- dorsement. 'ferred by [Bill of Sale or other Instrument] dated [Date; Number of Shares] to [Name, Residence, and Description of Purchaser or Mortgagee.] A. B. Collector. C. D. Comptroller. And forthwith to give Notice thereof to the Commissioners Notice to Comof Customs; and in case the Collector and Comptroller missioners. 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 before mentioned have been so entered in the Book of Registry, and indorsed upon the Certificate of Registry as aforesaid. XXXVIII. 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 (1) It will be seen that in every Case in which the Officers have any Part to perform, it can only be at the Instance of the Party. (2) See additional Words, § 45. Entry of Bill of Sale to be valid, except in certain Cases. Transfers. When a Bill of Sale has been entered for any Certificate of procure the Indorsement to be made upon the Certificate of Registry of such Ship or Vessel in manner herein-after mentioned. XXXIX. AND be it further enacted, That when and after the Particulars of any Bill of Sale, or other InstruShares, 30 Days ment by which any Ship or Vessel, or any Share or Shares shall be allowed thereof, shall be transferred, shall have been so — entered for indorsing the in the Book of Registry as aforesaid (1), the Collector and Registry, before 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 (2) 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 (3); any other Bill of Sale for the same shall be entered. - 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 Book 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 (1) See § 37. (2) As soon as a Bill of Sale has been executed, (and without waiting to obtain the Certificate of Registry in order to the making the Endorsement), it may be "produced" to the Officers at the Port of Registry to be entered. (3) But another Mortgage, yielding Priority to the preceding, may be entered without waiting. See Note (1) page 215, Transfers. 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 (1), 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 (2) as aforesaid : PROVIDED always, that if the Certificate of Registry Provision in shall be lost or mislaid (3), or shall be detained (4) by any Person whatever, so that the Indorsement cannot in due Time be made thereon, and Proof thereof 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 (5) of this Act, AND thereupon the Collector and Comptroller shall make a Memorandum in the Book of Registers of the further Time so granted, (1) Mortgagees, claiming in Rank one after the other, do not claim the same Property. (2) If in the Interim Registry de novo be made, the Endorsement need not be made, see § 37. 41. (3) See § 26. (4) See § 27. (5) See § 26 and 27. case Certificate be mislaid. |