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Transfers.

Bills of Sale may be produced after Entry at other Ports than those to which Vessels belong, and

Transfers in

tificate of Re

gistry.

6° GEO.4 and during such Time no other Bill of Sale shall be entered for the Transfer of the same Ship or Vessel, or the same Share or Shares thereof.

XL. AND be it further enacted, That if the - Certificate of Registry of such Ship or Vessel shall be produced to the Collector and Comptroller 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, dorsed on Cer- 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 Port of Regis 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,

Previous Notice to be given to Officers at the

try.

If upon Registry de novo any Bill of Sale shall not have been recorded, the same shall then be produced.

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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.

XLI. 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 Re

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gistry (1) of such Ship or Vessel, otherwise such Sale shall not be noticed in such Registry de novo, except as herein-after excepted (2): PROVIDED always, that upon the future Production of such Bill of Sale, and of the existing Certificate of Registry, such Transfer shall and may be recorded and indorsed, as well after such Registry de novo as before. (3)

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XLII. AND be it further enacted, That if upon any Change of Property in any Ship or Vessel, the Owner or Owners shall desire to have the same registered de novo, although not required by this Act, and the Owner or proper Number of Owners shall attend at the Custom House at the Port to which such Ship or Vessel belongs for that Purpose it shall be lawful for the Collector and Comptroller of His Majesty's Customs at such Port, to make Registry de novo of such Ship or Vessel at the same Port, and to grant a Certificate thereof, the several Requisites herein-before in this Act mentioned and directed being first duly observed and complied with.

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Transfers.

Bill of Sale, previous to Registry, may afferwards be recorded.

Upon Change of
Property Re-

gistry de novo
may be granted
if desired, al-
though not re-
quired by Law.

from Books of mitted in EviRegistry addence.

XLIII. AND whereas great Inconvenience hath arisen Copies of Oaths from the registering Officers being served with Subpoenas and Extracts 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 (4), or Copies or Extracts therefrom :AND whereas it would tend much to the Dispatch of Business if the Attendance of such registering Officers with 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 whom

(1) See Entry by the Officers in such Case of the Bill of Sale in the Book of intended Registry, § 37.

(2) See $ 44.

(3) The Name of the Seller cannot be left out of the Registry without a legal Transfer. No Bill of Sale is valid until entered, &c. § 37; the legal Title, therefore, remains in the Seller, and consequently the Officers, and the subscribing Owners who attend and take the Oath, § 14 and 15, must treat the Seller as the legal Owner at the Time of such Registry.

Transfers.

Vessels or
Shares sold in

the Absence of

Commissioners may permit Record of such

soever, produce and exhibit for his, her, or their Inspec tion 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 Comptroller, 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.

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XLIV. AND be it further enacted, That if the Ship or Vessel, or the Share or Shares of any Owner thereof Owners without who may be out of the Kingdom, shall be sold in his formal Powers. 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, upon Application made to them, and Proof to their Satisfaction of the fair Dealings of the Parties, to permit such Transfer to be registered, if Registry de novo be necessary, or to be recorded and indorsed, as the Case may be, in Manner directed by this Act, as if such legal Power had been produced; AND if it shall happen that any Bill of Sale cannot be produced, or if, by reason of Distance of Time, or the Absence or Death of Parties concerned, - it cannot be proved that a Bill of Sale for any Share or Shares in any Ship or Vessel had been executed, and Registry de novo of such Ship or Vessel shall have become necessary, it shall be lawful for the Commissioners of

Sales or Regis try de novo, as the Case may require;

and in other Cases where Bills of Sale

cannot be produced;

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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 novo, 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

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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.

MORTGAGE.

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Transfers.

Security being given to proPowers, or abide duce legal

future Claims.

XLV. AND be it further enacted, That when any Transfer by way Transfer of any Ship or Vessel, or of any Share or Shares of Mortgage. thereof, shall be made only as a Security for the Payment of a Debt or Debts, either by way of Mortgage, or of Assignment to a Trustee or Trustees for the Purpose of selling the same 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 registered shall in the Entry (1) in the Book of Registry, and also in the Indorsement on the Certificate of Registry, in Manner herein-before directed (2), state and express that such Transfer was made only as a Security for the Payment 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 Mortgagees, 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

Mortgagee not to be deemed an

Owner.

Transfers of

gagee not affected by any Act of Bank

6o GEO. 4 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.

XLVI. AND be it further enacted, That when any Ships for Secu- Transfer of any Ship or Vessel, or of any Share or Shares rity of Debts being registered, thereof, shall have been made as a Security for the Rights of Mort- Payment of any Debt or Debts, either by way of Mortgage or of Assignment as aforesaid, and such Transfer shall have been duly registered (1) 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,

ruptcy of Mortgagor, &c.

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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 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.

Commissioners

in Scotland, &c.

to transmit

Copies of Certificates to Commissioners in England.

MISCELLANEOUS.

XLVII. 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

(1) See § 37. 39.

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