Grant of pro cate in respect alteration. ship to be registered anew, but he shall in such last-mentioned case grant a provisional certificate, or make a provisional endorsement of the alteration made in manner herein-before directed in cases where no registry anew is required, taking care to add to such certificate or endorsement a statement that the same is made provisionally, and to insert in his report to the registrar of the port of registry of the ship a like statement. LXXXVI. Every such provisional certificate, or certificate provisional certifi-visionally endorsed, shall within ten days after the first subsequent arrival of the ship at her port of discharge in the United Kingdom, if registered in the United Kingdom, or if registered elsewhere, at her port of discharge in the British possession within which her port of registry is situate, be delivered up to the registrar thereof, who shall thereupon cause such ship to be registered anew in the same manner in all respects as hereinbefore required on the first registry of any ship. Consequence of omission to register anew. On change of owners, registry anew may be granted, if required. Registry may be transferred from port to port. Manner of transfer of registry. Transfer of registry not to affect rights of owners. Registry, Miscellaneous. Inspection of register books. LXXXVII. On failure of such registry anew of any ship or registry of alteration of any ship so altered as aforesaid, such ship shall be deemed not duly registered, and shall no longer be recognized as a British ship. LXXXVIII. If upon any change of ownership in any ship the owner or owners desire to have such ship registered anew, although such registry anew is not required by this Act, it shall be lawful for the registrar of the port at which such ship is already registered, on the delivery up to him of the existing certificate of registry, and on the other requisites to registry, or such of them as the registrar thinks material, being duly complied with, to make such registry anew, and grant a certificate thereof. LXXXIX. The registry of any ship may be transferred from one port to another upon the application of all parties appearing on the register to be interested in such ship, whether as owners or mortgagees, such application to be expressed by a declaration in writing made and subscribed, if the party so required to make and subscribe the same resides at or within five miles of the Custom-house of the port from which such ship is to be transferred, in the presence of the registrar of such port, but if beyond that distance in the presence of any registrar or of any justice of the peace. XC. Upon such application being made as is herein before mentioned, and upon the delivery to him of the certificate of registry, the registrar of the port at which such ship is already registered shall transmit to the registrar of the port at which such ship is intended to be registered notice of such application having been made to him, together with a true copy of all particulars relating to such ship, and the names of all the parties appearing by his book to be interested as owners or mortgagees in such ship; and such last-mentioned registrar shall, upon the receipt of such notice, enter all such particulars and names in his book of registry, and grant a fresh certificate of registry, and thenceforth such ship shall be considered as registered at and belonging to such last-mentioned port, and the name of such lastmentioned port shall be substituted on the stern of such ship in lieu of the name of the port previously appearing thereon. XCI. The transfer of the registry of any ship in manner aforesaid shall not in any way affect the rights of the several persons interested either as owners or mortgagees in such ship, but such rights shall in all respects be maintained and continue in the same manner as if no such transfer had been effected. Registry, Miscellaneous. XCII. Every person may, upon payment of a fee to be fixed by the commissioners of customs not exceeding one shilling, have access to the register book for the purpose of inspection at any reasonable time during the hours of official attendance of the registrar. registrar. XCIII. No registrar shall be liable to damages or otherwise for Indemnity to any loss accruing to any person by reason of any act done or default made by him in his character of registrar, unless the same has happened through his neglect or wilful act. XCIV. Every registrar in the United Kingdom shall, at the ex- Return to be piration of every month, and every other registrar shall without delay, trars to commismade by regisor at such stated times as may be fixed by the commissioners of sioners of customs, transmit to the Custom-house in London a full return in customs. such forms as they may direct of all registries, transfers, transmissions, mortgages, and other dealings with ships which have been registered by or communicated to them in their character of registrars, and the names of the persons who have been concerned in the same, and such other particulars as may be directed by the said commissioners. XCV. All fees authorized to be taken under the second part of this Application of Act shall, if taken in any part of the United Kingdom, be applied in fees. payment of the general expenses of carrying into effect the purposes of such second part, or otherwise as the treasury may direct; but if taken elsewhere, shall be disposed of in such way as the executive government of the British possession in which they are taken may direct. vide, and with instructions. XCVI. The commissioners of customs shall cause the several forms Commissioners of required or authorized to be used by the second part of this Act, and customs to procontained in the schedule hereto, to be supplied to all registrars within consent of Board her Majesty's dominions for distribution to the several persons re- of Trade may alter quiring to use the same, either free of charge, or at such moderate forms and issue prices as they may from time to time direct; and the said commissioners, with the consent of the Board of Trade, may from time to time make such alterations in the forms contained in the schedule hereto as it may deem requisite, but shall, before issuing any altered form give such public notice thereof as may be necessary in order to prevent inconvenience; and the said commissioners may also with such consent as aforesaid, for the purposes of carrying into effect the provisions contained in the second part of this Act, give such instructions as to the manner of making entries in the registrar-book, as to the execution and attestation of powers of attorney, as to any evidence to be required for identifying any person, and generally as to any act or thing to be done in pursuance of the second part of this Act, as they may think fit. pense with decla XCVII. Whenever in any case in which under the second part of Power to rethis Act any person is required to make a declaration on behalf gistrar to disof himself, or of any body corporate, or any evidence is required rations and other to be produced to the registrar, it is shown to the satisfaction of the evidence. registrar that from any reasonable cause such person is unable to make the declaration, or that such evidence cannot be produced, it shall be lawful for the registrar, with the sanction of the commissioners of customs, and upon the production of such other evidence, and subject to such terms as they may think fit, to dispense with any such declaration or evidence. governor in to a ship not XCVIII. In cases where it appears to the commissioners of customs, Power for comor to the governor or other person administering the government of missioners or any British possession, that by reason of special circumstances it special cases would be desirable that permission should be granted to any British to grant a pass ship to pass, without being previously registered from one port or registered. place in her Majesty's dominions to any other port or place within the same, it shall be lawful for such commissioners or governor or other person to grant a pass accordingly, and such pass shall for the time and within the limits therein mentioned have the same effect as a certificate of registry. or other inca XCIX. If any person interested in any ship or any share therein is, Provision for by reason of infancy, lunacy, or other inability, incapable of making cases of infancy any declaration or doing anything required or permitted by this Act pacity. to be made or done by such incapable person in respect of registry, Liabilities of owners. Forgery. Punishment for forgery. National Character. National character of ship to be declared then the guardian or committee, if any, of such incapable person, or, if there be none, any party appointed by any court or judge possessing jurisdiction in respect of the property of incapable persons, upon the petition of any person on behalf of such incapable person, or of any other person interested in the making such declaration or doing such thing, may make such declaration, or a declaration as nearly corresponding thereto as circumstances permit, and do such thing in the name and on behalf of such incapable person; and all acts done by such substitute shall be as effectual as if done by the person for whom he is substituted. C. Whenever any person is beneficially interested otherwise than by way of mortgage, in any ship or share therein registered in the name of some other person as owner, the person so interested shall, as well as the registered owner, be subject to all pecuniary penalties imposed by this or by any other Act on owners of ships or shares therein, so nevertheless that proceedings may be taken for the enforcement of any such pecuniary penalties against both or either of the aforesaid parties, with or without joining the other of them. Forgery. CI. Any person who forges, assists in forging, or procures to be forged, fraudulently alters, assists in fraudulently altering, or procures to be fraudulently altered, any register book, certificate of surveyor, certificate of registry, declaration of ownership, bill of sale, instrument of mortgage, certificate of mortgage of sale, or any entry or endorsement required by the second part of this Act to be made in or on any of the above documents, shall for every such offence be deemed to be guilty of felony. National Character. CII. No officer of customs shall grant a clearance or transire for any ship until the master of such ship has declared to such officer the name of the nation to which he claims that she belongs, and such before clearance. officer shall thereupon inscribe such name on the clearance or transire; and if any ship attempts to proceed to sea without such clearance or transire, any such officer may detain her until such declaration is made. Penalties. For unduly assuming a British character. For concealment of British or assumption of foreign cha racter. For acquiring ownership if unqualified. CIII. The offences hereinafter mentioned shall be punishable as follows: (that is to say,) (1.) If any person uses the British flag and assumes the British national character on board any ship owned in whole or in part by any persons not entitled by law to own British ships, for the purpose of making such ship appear to be a British ship, such ship shall be forfeited to her Majesty, unless such assumption has been made for the purpose of escaping capture by an enemy or by a foreign ship of war in exercise of some belligerent right; and in any proceeding for enforcing any such forfeiture, the burden of proving a title to use the British flag and assume the British national character shall lie upon the person using and assuming the same: (2.) If the master or owner of any British ship does or permits to be done any matter or thing, or carries or permits to be carried any papers or documents with intent to conceal the British character of such ship from any person entitled by British law to inquire into the same, or to assume a foreign charecter, or with intent to deceive any such person as lastly hereinbefore mentioned, such ship shall be forfeited to her Majesty; and the master, if he commits or is privy to the commission of the offence, shall be guilty of a misdemeanor: (3.) If any unqualified person, except in the case of such transmitted interests as are hereinbefore mentioned, acquires as owner any interest, either legal or beneficial, in a ship using a British ship. (4) If any person, on behalf of himself, or any other person or For false decla body of persons, wilfully makes a false declaration touching the ration of owner qualification of himself or such other person or body of persons to own British ships or any shares therein, the declarant shall be guilty of a misdemeanor; and the ship or share in respect of which such declaration is made, if the same has not been forfeited under the foregoing provision, shall, to the extent of the interest therein of the person making the declaration, and, unless it is shown that he had no authority to make the same, of the parties on behalf of whom such declaration is made, be forfeited to her Majesty. And in order that the above provisions as to forfeitures may be carried into effect, it shall be lawful for any commissioned officer on full pay in the military or naval service of her Majesty, or any British officer of customs, or any British consular officer, to seize and detain any ship which has, either wholly or as to any share therein, become subject to forfeiture as aforesaid, and to bring her for adjudication before the High Court of Admiralty in England or Ireland, or any court having Admiralty jurisdiction in her Majesty's dominions; and such court may thereupon make such order in the case as it may think fit, and may award to the officer bringing in the same for adjudication such portion of the proceeds of the sale of any forfeited ship or share as it may think right. for any seizure CIV. No such officer as aforesaid shall be responsible, either civilly Officer not liable or criminally, to any person whomsoever, in respect of the seizure or mide on reasondetention of any ship that has been seized or detained by him in able grounds. pursuance of the provisions herein contained, notwithstanding that such ship is not brought in for adjudication, or, if so brought in, is declared not to be liable to forfeiture, if it is shon to the satisfaction of the judge or court before whom any trial relating to such ship or such seizure or detention is held that there were reasonable grounds for such seizure or detention; but if no such grounds are shown, such judge or court may award payment of costs and damages to any party aggrieved, and make such other order in the premises as it thinks just. colours. CV. If any colours usually worn by her Majesty's ships, or any Penalty for carcolours resembling those of her Majesty, or any distinctive national rying improper colours, except the red ensign usually worn by merchant ships, or except the union-jack with a white border, or if the pendant usually carried by her Majesty's ships or any pendant in anywise resembling such pendant, are or is hoisted on board any ship or boat belonging to any subject of her Majesty without warrant for so doing from her Majesty or from the Admiralty, the master of such ship or boat, or the owner thereof if on board the same, and every other person hoisting or joining or assisting in hoisting the same, shall for every such offence incur a penalty not exceeding five hundred pounds; and it shall be lawful for any officer on full pay in the military or naval service of her Majesty, or any British officer of the customs, or any British consular officer, to board any such ship or boat, and to take away any such jack, colours, or pendant; and such jack, colours, or pendant shall be forfeited to her Majesty. ship. ĈVI. Whenever it is declared by this Act that a ship belonging to Effect of decla any person or body corporate qualified according to this Act to be ration in the Act that a ship shall owners of British ships shall not be recognized as a British ship, such not be recogship shall not be entitled to any benefits, privileges, advantages, or nized as a British protection usually enjoyed by British ships, and shall not be entitled to use the British flag or assume the British national character; but, so far as regards the payment of dues, the liability to pains and penalties, and the punishment of offences committed on board such Y Y Evidence. Copies of registers and declarations to be admissible in evidence, and to be prima facie proof of certain things. Saving Clause. Saving of 3 & 4 Vict. c. 56, relating to ship or by any persons belonging to her, such ship shall be dealt with in the same manner in all respects as if she were a recognized British ship. Evidence. CVII. Every register of or declaration made in pursuance of the second part of this Act in respect of any British ship may be proved in any court of justice, or before any person having by law or by consent of parties authority to receive evidence, either by the production of the original or by an examined copy thereof, or by a copy thereof purporting to be certified under the hand of the registrar or other person having the charge of the original; which certified copies he is hereby required to furnish to any person applying at a reasonable time for the same, upon payment of one shilling for each such certified copy; and every such register or copy of a register, and also every certificate of registry of any British ship, purporting to be signed by the registrar or other proper officer, shall be received in evidence in any court of justice, or before any person having by law or by consent of parties authority to receive evidence, as prima facie proof of all the matters contained or recited in such register when the register or such copy is produced, and of all the matters contained in or endorsed on such certificate of registry, and purporting to be authenticated by the signature of a registrar, when such certificate is produced. Saving Clause. CVIII. Nothing in this Act contained shall repeal or affect an Act passed in the session of parliament holden in the third and fourth East Indian ships. years of the reign of her present Majesty, chapter fifty-six, intituled "An Act further to regulate the Trade of Ships built and trading within the Limits of the East India Company's Charter." Application. Application of Part III. of Act. Returns for certain ships belonging to the United Kingdom. Returns and wages of deceased seamen in certain colonial ships. Shipping and dis- Kingdom. PART III. MASTERS AND SEAMEN. Application. CIX. The various provisions of the third part of this Act shall have the following applications, unless the context or subject-matter requires a different application; (that is to say,) So much of the third part of this Act as relates to the delivery or So much of the third part of this Act as relates to the delivery and |