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Merchant Shipping Law Amendment Act 1853

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This is the original version (as it was originally enacted).

Manning

So much of 12 & 13 Vict. c.29 as relates to manning, repealed.

XXXISo much of the Act of the Twelfth Year of Her Majesty Queen Victoria, Chapter Twenty-nine, as requires every British Ship to be navigated by a Master who is a British Subject and by a Crew of whom the whole or such Proportion as therein mentioned are British Subjects, shall be repealed.

Declaration to be made by Transferees of British Ships for the Purpose of proving themselves to be British Subjects.

XXXIIWhenever any Share or Shares in any British registered Ship, is or are transferred to any Purchaser or Purchasers, unless such Ship is thereupon registered de novo, each such Transferee shall make and subscribe the following Declaration; (that is to say,) ' I [or we] [Name or Names of the Transferee or Transferees] do truly declare, That I [or we] am [or are] bona, fide a British Subject [or British Subjects]. And I [or we] do further truly declare, that no Foreigner hath directly or indirectly any Interest whatever in the Share [or Shares] within transferred to me [or us]. ' Declared before me this _____________ Day of _____________ 18___. ' Signature _______________________________ "Collector, Comptroller, or Justice of the Peace, as the Case may be.' And each such Transferee shall, if he resides at any Port or within Five Miles of the Custom House of any Port, make and subscribe the same before the Collector or Comptroller of such Port, and if he resides elsewhere, before some Justice of the Peace; and such Declaration shall be indorsed on the Bill of Sale or other Instrument of Transfer; and no such Bill of Sale or Instrument of Transfer as aforesaid shall be registered unless such Declaration has first been duly indorsed thereon and subscribed as herein-before required.

Ships unduly assuming British Character may be seized and brought in for Adjudication.

XXXIIIAnd whereas it is expedient to prevent the undue Assumption of the British Flag and National Character: Be it enacted, That if any Person or Persons use the British Flag and assume the British National Character on board any Ship, owned in whole or in part by any Persons not being entitled by Law to own British Ships and navigate them under British Colours and Papers, for the Purpose of making such Ship appear to be a British Ship, it shall be lawful for any Officer on Full Pay in the Naval Service of Her Majesty, or any Officer of Customs, to seize and detain such Ship on the High Seas or in any British Port, and to bring her for Adjudication before the High Court of Admiralty or any Vice-Admiralty Court in Her Majesty's Dominions.

If the Simulation is proved, the Ship may be condemned.

XXXIVIf it is made to appear to such Court by competent Evidence that such Ship has been navigated under the British Flag and British Papers, though owned in whole or in part by any Person or Persons not entitled to own British Ships, contrary to the true Intent and Meaning of this Act, the said Court may pronounce the said Ship to be confiscated to Her Majesty, Her Heirs and Successors.

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