DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.34369#0130
120
ACT X.
[A.D. 1841.
Detention of certiR-
ate.
Registration denovo.
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 any illegal use thereof, shall be
liable, on conviction before any justice, in a penalty not exceeding five
thousand rupees, recoverable as aforesaid.
XX. 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
hold the same for any purpose other than 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 obtained by
any means or for any purpose whatever the certificate 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, posses-
sion, 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 be 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 and 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 con-
viction 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 per-
son 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,
shall 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 regis-
tered, 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.
XXI. And it is hereby enacted, that if any ship or vessel, after she
shall have been registered pursuant to the directions of this Act, shall in
any manner whatever be altered so as not to correspond with all the par-
ACT X.
[A.D. 1841.
Detention of certiR-
ate.
Registration denovo.
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 any illegal use thereof, shall be
liable, on conviction before any justice, in a penalty not exceeding five
thousand rupees, recoverable as aforesaid.
XX. 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
hold the same for any purpose other than 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 obtained by
any means or for any purpose whatever the certificate 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, posses-
sion, 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 be 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 and 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 con-
viction 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 per-
son 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,
shall 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 regis-
tered, 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.
XXI. And it is hereby enacted, that if any ship or vessel, after she
shall have been registered pursuant to the directions of this Act, shall in
any manner whatever be altered so as not to correspond with all the par-