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 Pakistan ] may become entitled to the privileges
of British ships under a proclamation of the Governor-General of India Victoria, Ch.
56.
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:---
(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.
|
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Name",
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Thirty-two.
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Name
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Sixteen.
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Name
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Eight.
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etc.,
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etc.
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(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 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 Pakistan Pakistan
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).
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 "British
India ".) [Pakistan
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.)
[Pakistan
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;
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 Acceding State or by the Ruler or any subject thereof], it shall be lawful (The
words "for the Governor of Fort William in Bengal
or for the G. in C. of any Presidency". Have successively amended by Act 7
of 1891, s. 8 and A. O. l937, to read. as above.) [for the Central
Government] to continue to such ship or vessel the privileges and advantages of
a British ship for the purposes aforesaid by a pass to be (The words
"issued under the Company's seal and " rep. by Act 7 of 1891, s. 8.)*
* * subscribed by a Secretary to Government, stating the voyage, or voyages for
which the same is to have effect, and the period for which it is to last ; and
it shall be lawful (See foot-note 7 on 18, supra.)[for the
Central Government] to issue a similar pass conferring the privileges and
advantages of a British ship for the purposes aforesaid under this Act to any
ship or vessel(See also the Registration of Ships Act (1841) Amendment
Act, 1850 411 of 1850), ss. 2 and 3, on page 27, infra.) built within (Subs.
by A. O., 1937, for "the dominions of such Native Prince or State and
owned by such Prince or State or by any of their subjects") [any (Subs.
by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 4 and
III Sch., for " Indian State ".) [Acceding State] and owned by
that State or by the Ruler or any subject thereof]: Provided always that the
ships belonging to (The words " Native Princes or States or their
subjects " were first subs. by A. O., 1937, and then amended by Act 26 of
1951, s. 4 and III Sch., to read as above.) [Acceding States or the
Rulers or subjects thereof] in respect of which passes may be granted under
this Act shall, during the voyage or voyages, or the period for which any such
pass shall be granted, be commanded by (The original words " a
subject of Her Majesty for whom the G. G. 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.) [a citizen
of Pakistan
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).)
(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.
(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 Victoria , Cap. 56,
entitled "An Act further to regulate the trade of ships built and trading
within the limits of the East India Company's Charter"), being owned by
Her Majesty's subjects for whom the said Governor General in Council has power
to legislate, and belonging, under the provisions of the Act passed by the
Governor General in Council No. X of 1841, to any ports in the territories
under the Government of the East India Company, shall be deemed to be British
ships for all purposes of trade within the said limits including the Cape of Good Hope and the territories and dependencies
thereof.
THE SCHEDULE
(Ins.
by Act 7 of 1891, S. 3.)
(See section 8)
ACT X, 1841
CERTIFICATE OF SURVEY
|
Name of Ship.
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Port of intended Registry.
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Official Number, if there has been
any former Registry.
|
|
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|
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Whether a Sailing or Steam Ship:
and, if a Steam Ship, how propelled.
|
Where Built.
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When Built.
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Name and Address of Builders.
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Feet
|
Tenths
|
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Number of Decks
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Length from fore part of stem,
under the bowsprit to the aft side of the head of the stern post
|
|
|
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Number of Mast
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Main breadth to outside of plank
|
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Rigged
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Depth in hold from tonnage deck to
ceiling at midships
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Stern
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Build
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Depth in hold from upper deck to
ceiling at midships, in the case of three decks and upwards
|
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|
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Galleries
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Length of engine-room, if any
|
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Head
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Framework
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|
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PARTICULARS
OF ENGINES (IF ANY)
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No. of Engines.
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Description
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Whether British or Foreign made.
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When made.
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Name and address of makers.
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Diameter of Cylinders.
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Length of Stroke.
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No. of Horse’s power (Combined.)
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Engines
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Boilers
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PARTICULARS OF TONNAGE
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Gross Tonnage
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No of Tons.
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Deduction Allowed
|
No of Tons.
|
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Under Tonnage Deck
|
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On account of space required for
propelling power
|
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Closed-in spaces above the Tonnage
Deck, if any.
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Space or spaces between Decks
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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
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Poop
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Forecastle
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These spaces are the following,
namely :-
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Round-House
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Other closed-in spaces, if any, as
follows:
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Gross Tonnage
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|
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Deduction, as per contra
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Cubic meters
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Registered Tonnage
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Total
|
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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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