Updated: Wednesday September 11, 2013/AlArbia'a
Thoul Ki'dah 07, 1434/Budhavara
Bhadra 20, 1935, at 08:23:45 PM
The Registration of Ships Act, 1841
ACT No. X OF 1841
[5th July, 1841]
(The word." Indian "
omitted by A. O., 1949, Sch.)
(Short title given by the Short Titles Act, 1897 (14 of 1897).)
An Act for prescribing the Rules
to be observed in order that ships or vessels belonging to ports within the
territories (Subs.
by A. O., 1961, Art. 2 and Sch., for "under the Government of the East
India Company, or belonging to Native Princes or States or their
subjects,"(with effect from the 23rd March, 1956).)[of
Preamble. (The first, second and
third paragraphs of this section beginning with the words "WHEREAS by a
Statute passed" and ending with the words "under such Proclamation as
aforesaid " omitted by A. O., 1961, Art. 2 and Sch. (with effect from the
23rd March, 1956).)* * * * * *
1. Ships to be registered. It is hereby enacted that no ship
or vessel shall be deemed a British ship under (Subs. ibid., for "
such Proclamation as aforesaid " (with effect from the 23rd March, 1956).)
[the (See page 20, infra.)Proclamation of the Governor-General of
India in Council made in pursuance of the (This Act has been rep.
"as to all Her Majesty's dominions" by the Statute Law Revision Act
(No. 2) of 1890 (53 & 54 Vict., c. 51), Sch., Pt. I.)Statute 3rd and
4th Victoria, Ch. 56] (except as regards ships or vessels registered before the
passing of this Act, or having a pass at the time of passing thereof) unless
the person or persons claiming property therein shall have caused the same to
have been registered (Subs. by A. O., 1949, Sch., for "at some one
of the ports hereinafter mentioned within the territories of the East India
Company ".) [at a place declared under section 2 to be a
registering port], and shall have obtained a certificate of such registry from
the person or persons authorized to make such registry and grant such
certificate as hereinafter directed, the form of which certificate shall be as
follows:---
Certificate of registry. "This is to certify that in
pursuance of the Act No. X of 1841 of the Governor-General of India in Council
(here insert the names and occupation and residence of subscribing owners)
having made and subscribed the declaration required by the said Act and having
declared that (he or they) together with (names, occupations and residence of
non-subscribing owners) (is or are) sole owner or owners, in the proportions
specified on the back hereof, of the ship or vessel called the (ship's name) of
(place at which the vessel shall be registered) which is of the burthen of
(number of tons), and whereof (master's name) is master, and that the said ship
or vessel was (when and where built) and (name and employment of
Surveying-officer), having certified to us; that the said ship or vessel has
(number) decks and (number) masts, that her (here insert measurement as
ascertained by the rules hereinafter mentioned), that she is (how rigged)
rigged with a (standing or running) bow-spirit, is (description of stern)
sterned, (carvel or clincher) built, has (whether any or no) gallery, and (kind
of head, if any) head : and the said subscribing owners having consented and
agreed to the above description, the said ship or vessel called the (name) has
been duly registered at the port of (name of port). Certified under our hands
at the custom-house, in the said port of (name of port), this (date) day of
(name of month) in the year (words at length).
(Signed)____________,
Collector or Registrar of Shipping."
And on the back of such
certificate of registry there shall be an account of the parts or shares held
by each of the owners mentioned and described in such certificate, in the form
and manner following:---
|
Names (several owners within mentioned |
Number of shares held by each owner. |
|
Name", |
Thirty-two. |
|
Name |
Sixteen. |
|
Name |
Eight. |
|
etc., |
etc. |
(Signed)____________, Collector.
2. Ports of registry. (The words "And it is
hereby enacted, that " rep. by the Repealing Act, 1874 (16 of 1874).)*
* * The ports at which registration shall be made shall be (The original
words beginning with the words "the ports" and ending with the words
"Governments respectively "have successively been amended by the
Indian Registration of Ships Act (1841) Amdt. Act, 1891 (7 of 1891), s. 1, A.
O., 1937, A. O., 1949, Sch., and the Central Laws (Statute Reform) Ordinance,
1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955),
to read as above.) [such ports or other places in Pakistan] as the
Central Government may, from time to time, declare to be registering ports
under this Act:
Provided that ships or
vessels built at any place other than any of such ports shall be allowed to
make their first voyage to any of such ports, being the ports at which it is
intended they shall be registered under a certificate to be granted by the (Subs.
by A. O., 1961, Art. 2 and Sch., for "principal British officer"
(with effect from the 23rd March, 1956).) [officer authorized by the
Central Government in this behalf] at the place where the ship is built, or if
there be no (Subs. ibid., for " British officer in authority "
(with effect from the 23rd March, 1956).) [such officer] there, then by
three merchants of such place, which certificate shall contain all the
particulars with regard to the ownership and description of the ships or
vessels contained in a certificate of registry, and shall specify the ports at
which it is intended that they shall respectively be registered, and which
certificate shall have all the effect of a certificate of registry under this
Act, during the first voyage from the place of building to the ports at which
the ships or vessels respectively shall be afterwards registered:---
Provided that such ships or
vessels so proceeding on their first voyage as aforesaid shall be deemed
British ships only whilst duly prosecuting such first voyage for the purpose of
registry, and, if they be not registered within a reasonable time after their
arrival at the port of registry, the owner or owners, or master or other person
having or taking the command or charge of such chip or vessel, shall be liable,
(Subs. by the Indian Merchant Shipping Act, 1883 (5 of 1883), s. 38, for "on
information in any Court of Her Majesty or the East India Company by the
Advocates-General of the respective Presidencies ".
[on conviction before (The
words "a Presidency Magistrate or" omitted by A. O., 1949, Sch.)*
* * a Magistrate of the first class,] to a penalty not exceeding five thousand
rupees.
3. Registrars. (See foot-note on
preceding page.)* * * The persons authorized to make such registry, and
to grant such certificates as aforesaid, shall be (Subs. by the Indian
Registration of Ships Act (1841) Amendment Act, 1891 (7 of 1891), s. 2,
for" the persons now authorized to make registry of ships or vessels under
the Statute 3 and 4, W. 4, Ch. 55, sad such other or different persons ".)
[such persons] as the (Subs. by A. O., 1937, for " L. Gs. ".
For parsons appointed by the L. Gs., see different local rules and orders.)
[Central Government] may, from time to time, appoint (The original words
" for the ports under their respective Presidencies" rep., ibid.)*
* * :
4. Book of registry. (See foot-note on
preceding page.)* * * At every port where registry shall be made in
pursuance of this Act a book shall be kept by the registering-officer, in which
all the particulars contained in the form of the certificate of the registry
hereinbefore directed to be used shall be duly entered ; and every registry
shall be numbered in progression, beginning such progressive numeration at the
commencement of each and every year. And such registering-officer shall
forthwith, or within one month at the furthest, send to (Subs. ibid.,
for " the Government of the Presidency to which he is subordinate ".)
[the Central Government] a true and exact copy, together with the number of
every certificate which shall be by him so granted.
5. Deceleration. (See foot-note on
preceding page.)* * * No registry shall henceforth be made or
certificate be granted, until the following declaration be made or subscribed
before the registering-officer by the owner or major part of the owners of the
ship or vessel required to be registered:---
" I, A. B., of (place of
residence and occupation) do truly declare that the ship or vessel (name) of
(port or place) whereof (master's name) is at present master, being (kind of
build, burthen, et cetera, as described in the certificate of the
surveying-officer) was (when and where) built, and that I, the said (A. B.),
and the other owners (names and occupations, if any, and where they
respectively reside), am (or are) sole owner (or owners) of the said vessel,
and that no other person or persons whatever hath or have any right, title,
interest, share or property therein or thereto ; and that I, the said (A. B.),
and the said other owners (if any), am (or are) truly and bona-fide (The
original words " a subject (or subjects) of Her Majesty for whom the G. G.
of India in C. has power to legislate " have successively been amended by
A. O., 1937, and A. O., 1961, Art. 2 and Sch. (with effect from the 23rd March,
1956), to read as above.)[citizen (or citizens) of
Provided that, if the
registering-officer shall see occasion to doubt the truth of any of the facts
contained in the above declaration, he shall not deem such declaration to be
conclusive, but may refuse the registry or certificate, and his discretion
exercised in this behalf shall be subject only to an appeal to (Subs. by
A. O., 1937, for " the L. G. to which he is subordinate ".)
[the Central Government].
6. Further deceleration by owners
who attend. (See
foot-note 1 on page 9, supra.)* * * In case the required number of joint
owners of any ship or vessel shall not personally attend to make and subscribe
the declaration hereinbefore directed to be made and subscribed, then and in
such case such owner or owners as shall personally attend and make and
subscribe the declarations aforesaid shall further declare that the part owner
or part owners of such ship or vessel then absent is or are not resident within
twenty miles of such port or place, and hath or have not to the best of his or
their knowledge or belief wilfully absented himself or themselves in order to
avoid the making the declaration hereinbefore directed to be made and
subscribed, or is or are prevented by illness from attending to make and
subscribe the said declaration.
7. Measurement to be made. And in order to enable the
registering-officer to grant a certificate truly and accurately describing
every ship or vessel to be registered in pursuance of this Act, and also to
enable all other officers of Customs, on due examination, to discover whether
any such ship or vessel is the same with that for which a certificate is
alleged to have been granted, it is hereby enacted that previous to the
registering or granting of any certificate of registry as aforesaid some one or
more person or persons appointed by (Subs. by A. O., 1937. for "
the L. Gs. respectively ".) [the Central Government], taking to his
or their assistance, if he or they shall judge it necessary, one or more person
or persons, skilled in the building and ad-measurement of ships, shall go on
board of every such ship or vessel that is to be registered, and shall strictly
and accurately examine and admeasure every such ship or vessel as to all and
every particular contained in the form of the certificate hereinbefore directed
in the presence of the master, or of any other person who shall be appointed
for that purpose on the part of the owner or owners, or in his or their absence
by the said master, and shall deliver a true and just account in writing of all
such particulars of the build, description and admeasurement of every such ship
or vessel as are specified in the form of the certificate above recited to the
officer authorized to make such registry and grant such certificate of registry
as aforesaid ; and the said master or other person attending on the part of the
owner or owners is hereby required to sign his name also to the certificate of
such surveying or examining officer, in testimony of the truth thereof,
provided such master or other person shall consent and agree to the several
particulars set forth and described therein.
(Subs. by the Indian Registration
of Ships Act (1841) Arndt. Act; 1891 (7 of 1891), s. 3, for the original
section.)[8. Certificate of surveying officers. The certificate of the
surveying-officer shall be in the form in the Schedule to this Act or in such
other form as the (Subs. by A. O., 1937, for " G. G. in C.")
[Central Government] may from time to time prescribe; and such certificate
shall be delivered to the registering-officer before registry.]
(Subs. by the Indian Registration
of Ships Act (1841) Arndt. Act; 1891 (7 of 1891), s. 3, for the original
section.) [9. Measurement of tonnage for purpose of registry. Subject to
the provisions of section 70 of (See now the Merchant
Shipping Act, 1923 (21 of 1923), by which this Act
was repealed.)Act I of 1859 (An Act for the amendment of the law
relating to Merchant Seamen) as amended by section
9 of the (See now the Merchant Shipping Act, 1923 (21 of 1923), by which this Act was
repealed.)Indian Merchant Seamen's Act,
1876, the tonnage of a ship or vessel required by law to be registered shall,
previous to her being registered, be measured and ascertained according to such
of the rules and orders for the time being in force in and under the See now
the Merchant Shipping
Act, 1894, by which these Acts have been rep. and their provisions re-enacted.
[Merchant Shipping Act, 1854, as amended by
subsequent Acts including the Merchant Shipping (Tonnage) Act, 1889, as apply to measurement of
tonnage for the purpose of registry XIII of 1876. 17 & 18 Vict., c. 104. 52
& 53 Vict., c. 43..]
(Subs. by the Indian Registration
of Ships Act (1841) Arndt. Act; 1891 (7 of 1891), s. 3, for the original
section.) [10. Measurement of tonnage for purpose other than registry.
Subject to the provisions referred to in the last foregoing section, the
tonnage of a ship or vessel requiring to be measured for any purpose other than
registry shall be measured and ascertained according to such of the rules and
orders for the time being in force in and under the (See now the Merchant Shipping Act,
1894, by which these Acts have been rep. and their provisions re-enacted.)Merchant Shipping Act,
1854; amended as aforesaid, as apply to measurement of tonnage for a purpose
other than registry 17 & 18 Vict., c. 104..]
(Subs. by the Indian Registration
of Ships Act (1841) Arndt. Act; 1891 (7 of 1891), s. 3, for the original
section.) [11. Substitution of Central Government for Board of Trade.
The rules and orders referred to in section 9 and section 10 of this Act shall,
in their application to measurement of tonnage for the purposes of this Act, or
of any enactment, rule of order referring to this Act, be read and construed as
if the (Subs. by A. O., 1937, for " G. G. in C.")
[Central Government] were therein named instead of the Board of Trade or the
authority for which the Board of Trade has been substituted by section 3 of the
(See now the Merchant Shipping Act, 1894, by which these Acts have been rep.
and their provisions re-enacted.)Merchant Shipping Act, 1872 35 & 36 Vict., c. 73.]
(Subs. by the Indian Registration
of Ships Act (1841) Arndt. Act; 1891 (7 of 1891), s. 3, for the original section.)
[12. Marking register tonnage ship or vessel. The true amount of the
register tonnage of every ship or vessel to be measured and ascertained
according to the rule; and orders referred to in section 9 of this Act shall be
deeply carved or cut in [figures of at least three inches in length on the main
beam of every such ship or vessel prior to her being registered.]
13. [Registration of country
craft not exceeding two hundred tons,] Rep. by the Registration of ships Act
(1841) Amdt. Act, 1850(XI of 1850).
14. Registered tonnage to be
repeated in every subsequent register. (See footnote 1 on page 9, supra.)* * *
Whenever the (Ins. by the Indian Registration of Ships Act (1841)
Amendment Act, 1891 (7 of 1891), s. 4.) [register] tonnage of any ship
or vessel shall have been ascertained according to the (Subs. ibid., for
" rules herein prescribed ".) [said rules and orders], such
account of (Ins. by the Indian Registration of Ships Act (1841)
Amendment Act, 1891 (7 of 1891), s. 4.) [register] tonnage shall ever
after be deemed the (Ins. by the Indian Registration of Ships Act (1841)
Amendment Act, 1891 (7 of 1891), s. 4.) [register] tonnage of such ship
or vessel, and shall be repeated in every subsequent registry of such ship or
vessel, unless it shall happen that any alteration has been made in the form of
burthen of such ship or vessel, of it shall be discovered that the (Ins.
by the Indian Registration of Ships Act (1841) Amendment Act, 1891 (7 of 1891),
s. 4.) [register] tonnage of such ship or vessel had been erroneously
taken and computed.
15. Fraudulent use of certificate. (See footnote 1 on page 9,
supra.)* * * If such certificate as aforesaid shall be sold, lent or
otherwise disposed of to any person or persons whatever than those for whose
use it is granted, or shall be made use of for the service of any other ship or
vessel than the ship or vessel for which it is granted, such certificate shall
thenceforth be utterly void, and the master or any owner of the ship or vessel
who shall be proved to have sold, lent or disposed of such certificate, or made
use of the same as aforesaid, or shall have concurred in or been privy to the
committing of any such offence, shall be liable, (The words "upon
conviction " rep. by the Repealing and Amending Act, 1914 (10 of 1914).)*
* (Subs. by the Indian Merchant Shipping Act, 1883 (5 of 1883), s. 38, for " by
information as aforesaid:) [on conviction before (The words
"a Presidency Magistrate or " omitted by A. O., 1949, Sch.)* *
* a Magistrate of the first class,] to a penalty not exceeding ten thousand
rupees.
And in case such ship or vessel
shall be lost or taken by the enemy, burnt or broken up, or otherwise prevented
from returning to the port at which she is registered, or shall on any account
have lost and forfeited the privileges of a British ship, or shall have been
seized and legally condemned for illicit trading, or shall have been taken in
execution for debt and sold by due process of law, or shall have been sold to
the (Subs. by A. O., 1961, Art. 2, for " Crown " (with effect
from the 23rd March, 1956).) [Government], (The words "or
the East India Company " rep. by Act 7 of 1891, s. 5.)* * * or
shall under any circumstances have been registered de novo, the certificate, if
preserved, shall be delivered up, within one month after the arrival of the
master in any port or place in (Subs. by the Central Laws (Statute
Reform) Ordinance 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the
14th October, 1955), for "the Provinces and the Capital of the Federation
" which had been subs. by A. O., 1949, Arts. 3(2) and 4, for "
And if any person not being (Subs.
by A. O., 1961, Ate. 2 and Sch., for "such subject as aforesaid"
(with effect from the 23rd March, 1956).)[a citizen of Pakistan] shall
purchase or otherwise become entitled to the whole or to any part or share of
or any interest in such ship or vessel, and the same shall be within the limits
of any port (The original words " of British India " have
successively been amended by A. O., 1949 Sch., and the Central Laws (Statute
Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the
14th October, 1955), to read as above.) [in Pakistan], then and in such
case the certificate of registry shall, within seven days after such purchase
or transfer of property in such ship or vessel, be delivered up to the
registering-officer at such port, and if such ship or vessel shall be in any
place not (The original words "within British India" have
successively been amended by A. O., 1949, Sch., and Ordinance 21 of 1960, s. 3
and 2nd Sch. (with effect from the 14th October, 1955), to read as above.)
[within Pakistan] when such purchase or transfer of property shall take place,
then the certificate shall be delivered up within fourteen days after the
arrival of such ship or vessel or of the master thereof in any port (The
original words " of British India " have successively been amended by
A. O., 1949 Sch., and the Central Laws (Statute Reform) Ordinance, 1960 (21 of
1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), to read as
above.) [in Pakistan] to the registering-officer at such port, in
default whereof the master or any of the owners shall be liable on conviction
before any Justice of the Peace in a penalty not exceeding five thousand rupees
recoverable in manner provided by (Subs by the Indian Registration of
Ships Act (1841) Amendment Act, 1891 (7 of 1891), s. 5, for " Act No. 2 of
1839 ".) [the law for the time being in force for the recovery of
fines imposed by Criminal Courts].
16. Change of master. (See foot-note 1 on page
9, supra.)* * * When and so often as the master of any ship or vessel
registered in manner hereinbefore directed shall be changed, the master or owner
of such ship or vessel shall deliver to the person or persons hereinbefore
authorized to make such registry and grant such certificates of registry at the
port where such change shall take place, if it be a port within a (The
original words "the territories of the East India Company" have
successively been amended by A. O., 1937, A. O. 1949, Sch., and Ordinance 21 of
1960, s. 3 and 2nd, Sch. (with effect from the 14th October, 1955). to read as
above.) [Pakistan], the certificate of registry belonging to such ship
or vessel, who shall thereupon endorse and subscribe a memorandum of such
change, and shall forthwith give notice of the same to the proper officer of
the port or place where such ship or vessel was last registered pursuant to
this Act, who shall likewise make a memorandum of the same in the book of
registers which is hereby directed and required to be kept, and shall forthwith
give notice thereof in like manner as of the original entry. But if the change
do not take place in any port within (The original words "the
territories of the East India Company" have successively been amended by
A. O., 1937, A. O. 1949, Sch., and Ordinance 21 of 1960, s. 3 and 2nd, Sch.
(with effect from the 14th October, 1955). to read as above.)
[Pakistan], then such delivery, memorandum and endorsement shall be made and
notice given at the first port within (The original words "the
territories of the East India Company" have successively been amended by
A. O., 1937, A. O. 1949, Sch., and Ordinance 21 of 1960, s. 3 and 2nd, Sch.
(with effect from the 14th October, 1955). to read as above.) [
17. Name of ship. (See foot-note 1 on page
9, supra.)* * * It shall not be lawful for any owner or owners of any
ship or vessel to give any name to such ship or vessel other than that by which
she was first registered in pursuance of this Act, and (The word
"that "rep. by the Indian Registration of Ships Act (1841) Amendment
Act, 1891 (7 of 1891), s. 6(1).)* the owner, or owners of all and every
ship or vessel which shall be so registered shall, before such ship or vessel,
after such registry, shall begin to take in any cargo, paint or cause to be
painted, in white or yellow letters of a length of not less than four inches
upon a black ground on some conspicuous part of the stern, the name by which
such ship or vessel shall have been registered pursuant to this Act, and the
port to which she belongs, in a distinct and legible manner, and shall so keep
and preserve the same.
And (The word "that
"rep. by the Indian Registration of Ships Act (1841) Amendment Act, 1891
(7 of 1891), s. 6(1).)* if such owner or owners, or master or other
person having or taking the charge or command of such ship or vessel, shall
permit such ship or vessel to begin to take in cargo before the name of such
ship or vessel has been so painted as aforesaid, or shall wilfully alter,
erase, obliterate or in any wise hide or conceal, or cause or procure or permit
the same to be done, or shall in any written or printed paper or other document
describe such ship or. vessel by any name other than that by which she was
first registered pursuant to this Act, or shall verbally describe or cause or
procure or permit such ship or vessel to be described by any other name to any
officer or officers of Revenue in the due execution of his or their duty, then
and in every such case the certificate of registry shall thenceforth become
utterly void, and such owner or owners, or master or other person having or
taking the charge or command of such ship or vessel, shall be liable, (Subs.
by the Indian Merchant Shipping
Act, 1883 (5 of 1883), s. 38, for "on information as aforesaid ".)
[on conviction before (The words " a Presidency Magistrate or
" omitted by A. O., 1949, Sch)* * * a Magistrate of the first class,]
to a penalty not exceeding ten thousand rupees (Ins. by Act 7 of 1891,
s. 6(2).) [recoverable as aforesaid].
18. Certificate of building. (See footnote 1 on page 9,
supra.)* * * All and every person and persons who shall apply for a
certificate of the registry of any ship or vessel shall, and they are hereby
required to, produce to the person or persons .authorized to grant such
certificate a true and full particular under the hand of the builder of such
ship or vessel, or in case the want of such certificate can be satisfactorily
accounted for, then to produce other sufficient evidence of the proper
denomination, and of the time when, and the place where, such ship or vessel
was built, and also an exact account of the tonnage of such ship or vessel, and
shall also make and subscribe a declaration before the person or persons
hereinbefore authorized to grant such certificate that the ship or vessel for
which such certificate is required is the same with that which is so described
by the builder as aforesaid.
19. Certificate lost or misted. (See footnote 1 on page 9,
supra.)* * * If the certificate of registry of any ship or vessel shall
be lost or mislaid, so that the same cannot be found or obtained for the use of
such ship or vessel when needful, and proof thereof shall be made to the
satisfaction of the Registering-officer of the port at which the ship is
registered, such officer shall and may, where the certificate shall have been
lost or mislaid, permit such ship or vessel to be registered de novo, and a
certificate thereof to be granted,---
Provided always that if such ship
or vessel be absent and far distant from the port to which she belongs, or by
reason of the absence of the owner or owners, or of any other impediment,
registry of the same cannot then be made in sufficient time, such
Registering-officer shall and may grant a license for the present use of such
ship or vessel, which license shall for the time and to the extent specified
therein, and no longer, be of the same force and virtue as a certificate of
registry granted under this Act:---
Provided always that, if the
certificate of registry shall at any time afterwards be found, the same shall
be forthwith delivered to the proper Officers of Customs to be cancelled and
that no illegal use be made of the same, in default whereof the original
certificate and the renewed certificate and license shall thence forth become
utterly void, and any person wilfully detaining the certificate so required to
be cancelled, or making an illegal use thereof, shall be liable on conviction
before any Justice in a penalty not exceeding five thousand rupees recoverable
as aforesaid.
20. Detention of certificate. And whereas it is not proper that
any person under any pretence whatever should detain the certificate of
registry of any ship or vessel, or held the same for any purpose oilier titan
the lawful use and navigation of the ship or vessel for which it was granted,
it is therefore hereby enacted that :
in case any person who shall
have received or obtain by any means or for any purpose whatever the
certificate at of the registry of any such ship or vessel (whether such person
shall claim to be the master or to be the owner or one of the owners of such
ship or vessel, or not, shall wilfully detain and refuse to deliver up the same
to the proper Officers of Customs, for the purposes of such ship or vessel, as
occasion shall require, or to the person or persons having the actual command,
possession and management of such ship or vessel as the ostensible and reputed master,
or as the ostensible and reputed owner or owners thereof, it may and shall he
lawful to and for any such last-mentioned person to make complaint on oath of
such detainer and refusal to any Justice of the Peace residing near to the
place where such detainer and refusal shall be;
and on such complaint the said
Justice shall and is hereby required, by warrant under his hand seal, to cause
the person so complained against to be brought before him to be examined
touching such detainer and refusal;
and if it shall appear to the said
Justice on examination of such person or otherwise that the said certificate of
registry is not lost or mislaid, but is wilfully detained by the said person,
such person shall be subject on conviction before such Justice to a penalty not
exceeding one thousand rupees, recoverable as aforesaid, and the said Justice
shall, and he is hereby required to, certify the aforesaid detainer, refusal
and conviction to the person or persons who granted such certificate of
registry for such ship or vessel, who shall on the terms and conditions of law
being complied with make registry of such ship or vessel de novo, and grant a
certificate thereof conformably to law, notifying on the back of such
certificate the ground upon which the ship or vessel was so registered de novo;
and if the person who shall have
detained and refused to deliver up such certificate of registry as aforesaid,
or shall be verily believed to have detained the same, shah have absconded so
that the said warrant of the Justice cannot be executed upon him, and proof
thereof shall be made to the satisfaction of the Registering-officer of the
port at which the ship or vessel was registered, it shall be lawful for the
said officer to permit such ship or vessel to be registered de novo, or
otherwise, in his discretion, to grant a license for the present use of such
ship or vessel in like manner as is hereinbefore provided in the case wherein
the certificate of registry is lost or mislaid.
21. Registration de novo. (See foot-note 1 on page
9, supra.)* * * If any ship or vessel, after she shall have been
registered pursuant to the directions of this Act, shall in any d manner
whatever be altered so as not to correspond with all the particulars contained
in the certificate of her registry, or if any alteration shall take place in
the ownership of any ship or vessel, or of any share or shares thereof, in such
cases such ship or vessel shall be registered de novo in manner hereinbefore
required as soon as she returns to the port to which she belongs, or to any
other port within (The original words " the territories of the East
India Company " have successively been amended by A. O. 1937, A. O., 1949,
Sch., and the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3
and 2nd Sch. (with effect from the 14th October, 1955), to read as above,)
[Pakistan], on failure whereof such ship or vessel shall be deemed to be a ship
or vessel not duly registered, and any person making use of a certificate for
the purposes of any ship or vessel which has been granted in respect of the
same, after the same ought to have been registered de novo, shall be liable on
conviction before any Justice to a penalty not exceeding five thousand rupees
recoverable as aforesaid.
22. Testimony of Registering-Officers. And whereas great inconvenience
may arise from the Registering-officers being served with subpoenas requiring
them to bring with them and produce, on trials in Courts of Law relative in to
the ownership of vessels or otherwise, the 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
despatch of business if the attendance of such Registering-officers with the
same upon such trials were dispensed with, it is therefore hereby enacted
that,---
the Registering-officer 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, produce and
exhibit for his, her or their inspection and examination any declaration made
by any such owner or owners, and also any register or entry in any book or
books of registry required, 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 and copies of
any such oath or declaration, registry or entry shall, upon being proved to be
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 Registering-officer, 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
Registering-officer, or other person or persons acting for them, could or might
legally be admitted or received in evidence.
23. False deceleration. (See foot-note 1 on page
9, supra.)* * * If any person or persons shall falsely make declaration
to any of the matters hereinbefore required to be verified by declaration, or
if any person or persons shall counterfeit, erase, alter or falsify any
certificate or other instrument in writing required or directed to be obtained,
granted or produced by this Act, or shall knowingly or willfully make use of
any certificate or other instrument so counterfeited, erased, altered,
falsified, or shall willfully grant such certificate or other instrument in
writing, knowing it to be false, such person or persons shall for every such
offence be liable, (The words "on conviction " rep. by the
Repealing and Amending Act, 1914 (10 of 1914).)* * (Subs by the
Indian Merchant Shipping
Act, 1883 (5 of 1883), s. 38, for "upon information as aforesaid ".)
[on conviction before (The words "a Presidency Magistrate or"
omitted by A. O., 1949, Sch.) * * * a Magistrate of the first class), to
a penalty not exceeding ten thousand rupees (Ins. by the Indian
Registration of Ships Act (1841) Amendment Act, 1891 (7 of 1891), s. 7.)
[recoverable as aforesaid, and, if any such offence be committed by the owner
of any ship or vessel, the certificate of such ship or vessel shall thenceforth
be wholly void.
24. Ships of Acceding States. (See foot-note 1 on page
9, supra.)* * * When any ship or vessel duly registered under this Act,
or sailing under the British Navigation Law, shall come to be owned by a (The
original words " a Native Prince or State, or by any subject of such
Native Prince or State as aforesaid have successively been amended by A. O.,
1937 and the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s.
4 and III Sch., to read as above.) [an
25. Fees. (See foot-note 1 on page
9, supra.)* * * The fees demandable in respect of the granting any
certificate or pass under this Act shall be fixed from time to time according
to the directions of the (Subs. by A. O., 1937, for " G. G. in
C.") [Central Government], but so that the same shall not exceed
the amount of fees now payable for registering or granting passes to ships or
vessels at the different (Subs. by the Repealing and Amending Ordinance,
1961 (1 of 1961), s. 3 and 2nd Sch., for "Presidencies".)
[Ports].
26. Ports to which ships belong. (The words "And it is
hereby declared and enacted, that" rep. by the Repealing Act. 1874 (16 of
1874).)* * * All ships or vessels registered under this Act shall be
deemed to belong to the ports at which they shall be respectively registered.
And all ships or vessels being registered or in respect of which passes may
have been granted which are unexpired at the time of passing this Act shall for
the purpose of being deemed British ships be deemed to belong to the ports at
which .they may have been registered, or when passes shall have been granted
which are unexpired, at which such passes may have been respectively granted.
And such ships or vessels built and owned as required by the. (See
foot-note 3 on page 8, supra.)Statute 3 and 4 Vict., Cap. 56, shall
continue subject to all the rules in force at the respective (Subs. by
the Repealing and Amending Ordinance, 1961 (1 of 1961), s. 3 and 2nd Sch., for
"Presidencies".) [Ports] before the passing of this Act,
touching the registering, measurement, granting passes or other requisitions in
respect of the same, and shall not be subject to the provisions of this Act, or
any provisions of the Statute law, a compliance with which may heretofore have
been necessary in order that ships or vessels built and owned as aforesaid might
be deemed British ships for the purposes of trade.
(S. 26-A, ins. by A. O., 1961, Art.
2 and Sch. (with effect from the 23rd March, 1956).)
[26-A. Application to shipping on trial waters and coastal shipping confined to a province. All references in this Act to the
Central Government shall, in relation to shipping
and navigation on waters and coastal shipping
confined to ports within one Province be construed as references to the
Provincial Government concerned.]
(S. 27 was ins. by the Indian
Registration of Ships Act (1841) Amendment Act, 1891 (7 of 1891), s. 9.)27.
[Definition of "Local Government ".] Rep. by A. O., 1937.
PROCLAMATION
The Governor General of India in
Council hereby declares that all ships and vessels built or to be built within
the limits of the Charter of the East India Company (as those limits are
defined by the (This Act has been rep. "as to all Her Majesty's
dominions" by the Statute Law Revision Act (No. 2) of 1890 (53 and 54
Vict, c. 51), Sch, Pt. 1.)Statute 3rd and 4th of Queen
THE SCHEDULE
(Ins. by Act 7 of 1891, S. 3.)
(See section 8)
ACT X, 1841
CERTIFICATE OF SURVEY
|
Name of Ship. |
Port of intended Registry. |
Official Number, if there has been any former Registry. |
|
|
|
|
|
Whether a Sailing or Steam Ship: and, if a Steam Ship, how propelled. |
Where Built. |
When Built. |
Name and Address of Builders. |
|
|
|
|
|
|
|
|
Feet |
Tenths |
|
Number of Decks |
Length from fore part of stem, under the bowsprit to the aft side of the head of the stern post |
|
|
|
Number of Mast |
Main breadth to outside of plank |
|
|
|
Rigged |
Depth in hold from tonnage deck to ceiling at midships |
|
|
|
Stern |
|
|
|
|
Build |
Depth in hold from upper deck to ceiling at midships, in the case of three decks and upwards |
|
|
|
Galleries |
Length of engine-room, if any |
|
|
|
Head |
|
|
|
|
Framework |
|
|
|
PARTICULARS OF ENGINES (IF ANY)
|
No. of Engines. |
Description |
Whether British or Foreign made. |
When made. |
Name and address of makers. |
Diameter of Cylinders. |
Length of Stroke. |
No. of Horse’s power (Combined.) |
|
Engines |
|
|
|
|
|
|
|
|
Boilers |
|
|
|
|
|
|
|
PARTICULARS OF TONNAGE
|
Gross Tonnage |
No of Tons. |
Deduction Allowed |
No of Tons. |
|
Under Tonnage Deck |
|
On account of space required for propelling power |
|
|
Closed-in spaces above the Tonnage Deck, if any. |
|
|
|
|
Space or spaces between Decks |
|
On account of spaces occupied by Seamen or Apprentices and appropriated to their use and kept free from goods or stores of every kind not being the personal property of the crew |
|
|
Poop |
|
|
|
|
Forecastle |
|
These spaces are the following, namely :- |
|
|
Round-House |
|
|
|
|
Other closed-in spaces, if any, as follows: |
|
|
|
|
Gross Tonnage |
|
|
|
|
Deduction, as per contra |
|
|
|
|
|
|
Cubic meters |
|
|
Registered Tonnage |
|
Total |
|
I, the undersigned
_____________________________ having surveyed the above-named Ship, hereby
certify that the above particulars are true.
Dated at __________________
This __________________ day
of _______________ ____________________ 18
Surveyor.
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