copyright ©
Stephen Gavin
2003 - 2011
brig Elizabeth Jane
Support Lifeboats
Brig Elizabeth Jane - launched Nova Scotia 1817 - Lost July 1854 off the coast of Yorkshire - Found Robin Hood's Bay, July 2003


Ship Registration Act 3 & 4 GULIELMI IV REGIS CAP. L.V.

 
Page1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
3°& 4° GULIELMI IV. Cap.55.
the several Requisites herein-before in this Act mentioned and directed being first duly observed and complied with.
XL. 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 Declarations 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 the same upon such Trials were dispensed with; be it therefore enacted, That the Col-lector and Controller 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, pro-duce and exhibit for his, her, or their Inspection and Examination any Oath or Declaration sworn or made 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 reason-able 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 and Copies of any such Oath or Declaration, 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 Controller, or other Person or Persons acting for them respectively, in all Cases, as fully and to all Intents and Pur-poses as such Original or Originals, if produced by any Collector or Collectors, Controller or Controllers, or other Person or Persons acting for them, could or might legally be admitted or received in Evidence.
XLI 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, 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 also 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 His Majesty's Customs, upon
Page 21
Copies of
Declarations,
&c. and of
Extracts from
Books of
Registry
admitted in
Evidence.

Vessels or
Shares sold
in the Ab-
sence of
Owners with-
out formal
Powers.

Commission-
ers may per-
mit Record of
such Sales or
Registry de
novo as the
Case may
require ;

and in other
Cases where
Bills of Sale
cannot be
produced;