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Jecited, in words at length, in the bill or other instru"ment of sale thereof, and that otherwise such bill of "sale shall be utterly null and void to all intents and purposes."

A subsequent statute (n), reciting, that upon this clause doubts had arisen, whether every transfer of property was required to be made by an instrument in writing, and whether contracts or agreements for the transfer might not be made without such an instrument, enacts, "That no transfer, contract, or agreement for transfer "of property, in any ship or vessel, made or intended "to be made after the first day of January, 1795, shall "be valid or effectual for any purpose whatsoever, "either in law or equity, unless such transfer, contract "or agreement for transfer, of property in such ship

"or vessel, shall be made by bill of sale, or in[ 44 ] "strument in writing, containing such recital as prescribed" by that clause (1).

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17. But this is not the only requisite to a transfer of property. Further requisites are introduced by the

statutes.

(n) 34 Geo. 3. c. 68. s. 14.

(1) The act of the U. S. requires that upon every transfer there shall be some instrument in writing, in the nature of a bill of sale, which shall recite at length the certificate of registry, otherwise the ship shall be incapable of being registered anew, and loses the privileges and benefits of a ship of the U. S. Act, 31. December, 1792. sect. 17. But the act does not invalidate the contract as between the parties, but leaves it to the general operation of law. It only deprives the ship of her former character, and treats her as a foreign ship.

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FIRST. When an alteration of property takes place in the port to which the ship belongs.

In this event, the first of the recent statutes, referring to the statute passed in the reign of King William (0), which requires "That in case there be any alteration "of property in the same port, by the sale of one or "more shares in any ship, after registering thereof, such "sale shall always be acknowledged by indorsement on "the certificate of the register before two witnesses, in "order to prove that the entire property in such ship "remains to some of the subjects of England, if any dis

pute arises concerning the same," further directs (p), "That in every such case, besides the indorsement re"quired by the said act, there shall be also indorsed, "before two witnesses, the town, place, or parish, "where all and every person or persons, to whom the

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property in any ship or vessel, or any part thereof, "shall be so transferred, shall reside; or if such per(6 son or persons usually reside in any country, not un"der the dominion of his Majesty, his heirs and suc66 cessors, but in some British factory, the name of such factory, of which such person or persons is or

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are member or members; or if such person [ 45 ] "or persons reside in any foreign town or city,

"and are not members of some British factory, the แ name of such foreign town or city, where such person 66 or persons usually reside, and also the names of the "house or co-partnership in Great Britain or Ireland, for or with whom such person or persons is or are

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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,

(a) 7 & 8 Will. 3. c. 22. s. 21.

(p) 26 Geo. 3, c. 60. s. 16.

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❝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 in"dorsed on the oath or affidavit, upon which the orig❝inal 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 direct"ed and required to be kept, and shall forthwith give "notice thereof to the commissioners of his Maj66 esty's customs in England or Scotland, under whom 66 they respectively act.”

The subsequent statute (q) also prescribes the form of this indorsement, and requires it in the case of [46] contract, or agreement for sale, as well as absolute sale, and renders it essential to the validity For it enacts,

of the sale, contract, or agreement. "That such indorsement shall, from and after the first "day of January, 1795, be made in the manner and "form hereinafter expressed, and shall be signed by the person or persons transferring the property of the said ship or vessel, by sale, or contract or agreement for "sale thereof, or by some person legally authorized for "that purpose by him, her, or them; and a copy of

(q) 34 Gen. 3. c. 68. s. 15. I have ventured to state, that by this statute an indorsement is required in the case of contract or agreement for sale, as well as absolute sale; because, although the form of the indorsement is applicable to the case of actual sale only, yet, adverting to the words, "transferring the property by "sale, or contract or agreement "for sale," used in this section, and to the words, “contract or a"greement for transfer," used in the preceding section of this stat

ute, which there plainly denote something different from absolute transfer; it seems probable the Legislature intended that the form of the indorsement should be varied according to the nature of the transaction; and that the words, contracted to sell and transfer, should be used in the indorsement instead of the words, have sold and transferred, if the case require it. So the expression,all my right, &c. must be variable, if the vendor transfer only a part of his interest in the ship.

"such indorsement shall be delivered to the person or EL persons authorized to make registry and grant certif"icates of registry, otherwise such sale, or contract or

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agreement for the sale thereof, shall be utterly null "and void, to all intents and purposes whatsoever; "and such person or persons so authorized to make registry, and grant certificates of registry, are hereby required to cause an entry thereof to be indorsed on "the oath or affidavit, upon which the original certifi"cate of registry of such ship or vessel was obtained, "and shall also make a memorandum of the same "in the book of registry, and shall forthwith give [47] "notice thereof to the commissioners of his Maj"esty's customs in England and Scotland, under whom "they respectively act."

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"FORM OF INDORSEMENT ON CHANGE OF

"PROPERTY.

"Be it Remembered, That [I, or we] [names, resi"dence, and occupation of the persons selling] have this day sold and transferred all [my, or our] right, share, "or interest in and to the ship or vessel [name of the ship or vessel] mentioned in the within certificate of registry unto [names, residence, and occupation of the purchasers]. Witness [my, or our hand or hands] "this [date in words at full length].

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"Signed in the presence of

"[Two witnesses]."

18. Instead, however, of this indorsement, in case of a partial transfer of property in the same port, the ship may, under certain circumstances, be registered anew. For the last statute (r), reciting that by the statute of King William before referred to, it is enacted, "That

(r) 34 Geo. 3. c. 68. 8. 21.

"in case there be any alteration of property in the same "port, by the sale of one or more shares in any ship, "after registering thereof, such sale shall always be acknowledged by indorsement on the certificate of the

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"register before two witnesses, in order to prove [48] "that the entire property in such ship remains "to some of the subjects of England." And further reciting, "That it is expedient to authorize and "require the proper officers empowered to register

ships and vessels, and to grant certificates thereof, "to issue registers de novo, in any case where part of "the property of any ship or vessel'shall be so trans"ferred, if the owners or proprietors of such ship or “ vessel, who were owners thereof at the time such ship "or vessel was last registered, and whose property "therein has not been so transferred, shall be desirous "of having a certificate of registry de novo, instead of "the indorsement on the old register, as now required," proceeds to enact, "That in case there shall be any "alteration of property in the same port, by the sale ❝of one or more shares in any ship or vessel, after reg"istering thereof, and the owner or owners, proprietor "or proprietors, of such ship or vessel, who were owners or proprietors thereof at the time such ship "or vessel was last registered, or whose property there"in has not been so transferred, shall be desirous of

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having the ship or vessel registered de novo, it shall and may be lawful to and for the proper officers empowered to register ships and vessels, and to grant "certificates thereof, and such officers are hereby au"thorized and required to register every such ship or "vessel de novo, provided all the rules, regulations, and conditions of the before recited act, passed in the

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