Summary of Cap. V
Act for the Registration of Vessels Navigating the Inland Waters of this Province.
1. This Act to come into force on the 1st day of July, 1845, except when any other commencement is herein particularly directed.
2. Any persons claiming property in any vessel over 15 tons, to cause his ownership therein to be registered and to obtain a certificate thereof, in the form prescribed by the Act, and on the back of such certificates the shares the shares of the several owners shall be described, by sixty-fourth parts.
3. The Collector of Customs at any port may make such registry and grant such certificate, but no certificate shall be granted to any vessel not wholly built in this Province, and not wholly belonging to her Majesty's subjects.
4. Certificates of ownership to be granted to vessels at the ports to which they belong, or near which their owners reside, and all other certificates to be utterly void.
5. Collectors to keep a book of registry of ownership, mentioning all necessary particulars, and numbered progressively from the beginning of each year, and to transmit a copy thereof to the Inspector General.
6. No certificate to be granted until a declaration be made and subscribed by the owner, or some of the owners, of the vessel, (according to circumstances,) in the form required by the Act.
7. Previous to granting of such certificate, some person to be appointed by the Governor, with the assistance (if necessary) of some other individual, skilled in building or measurement of ships, who shall examine and measure such ship, in the presence of the master or person named by the owners, and give a true account in writing of all particulars of the build and measurement, and deliver the same to the Collector, after getting the same signed by the master or other person attending, if he concur in the description.
8. The rule of admeasurement to be observed, to be the same as under the Imperial Acts 5 and 6 Wm. 4, c. 56, and 6 and 7 Vic. c. 84, as follows:-
Divide the length of the upper deck between the afterpart of the stem and the forepart of the sternpost into six equal parts. Depths:- at the foremost, the middle, and the aftermost of those points of division, measure in feet and decimal parts of a foot the depths from the under side of the upper deck to the ceiling at the limber strake; in the case of a break in the upper deck, the depths are to be measured from a line stretched in a continuation of the deck. Breadths:- divide each of those three depths into five equal parts, and measure the inside breadths at the following points, - videlicet, at one-fifth and at four-fifths from the upper deck of the foremost and aftermost depths, and at two-fifths and four-fifths from the upper deck of the midship depth. Length:- at half the midship depth, measure the length of the vessel from the afterpart of the stem to the forepart of the sternpost; then to twice the midship depth add the foremost and the aftermost depths for the sum of the depths; add together the upper and lower breadths at the foremost division, three times the upper breadth and the lower breadth at the midship division, and the upper and twice the lower breadth at the after division for the sum of the breadths, then multiply the sum of the depths by the sum of the breadth and this product by the length, and divide the final product by three thousand five hundred, which will give the number of tons for register; if the vessel have a poop or half deck, or a break in the upper deck, measure the inside mean length, breadth, and height of such part thereof as may be included within the bulk heads; multiply these three measurements together, and, dividing the product by 92.4, the quotient will be the number of tons to be added to the result as above found; in order to ascertain the tonnage of open vessels, the depths are to be measured from the upper edge of the upper strake; and for the purpose of ascertaining the tonnage of all such ships or vessels as there shall be occasion to measure while their cargoes are on board, the following rule shall be observed, that it is to say: measure first the length on the upper deck, between the after part of the stem and the forepart of the sternpost; secondly, the inside breadth on the under side of the upper deck at the middle point of the length; and, thirdly, the depth from the under side of the upper deck, down the pumpwell to the skin; multiply these three dimensions together, and divide the product by one hundred and thirty, and the quotient will be the amount of the register tonnage of such ship or vessel; if the vessel have a poop or half deck or a break in the upper deck, measure the inside mean length, breadth, and height of such part thereof as may be included within the bulkhead, multiply these three measurements together, and dividing the product by ninety-two and four-tenths, the quotient will be the number of tons to be added to the result above found; Provided always, that in each of the several rules hereinbefore prescribed, when applied for the purpose of ascertaining the tonnage of any ship or vessel propelled by steam the tonnage due to the cubical contents of the engine-room shall be deducted from the total tonnage of the vessel as determined by either of the rules aforesaid, and the remainder shall be deemed the true register tonnage of the said ship or vessel; the tonnage due to the cubical contents of the engine room shall be determined in the following manner, that is to say: measure the inside length of the engine room in feet and decimal parts of a foot from the foremost to the aftermost bulkhead, then multiply the said length by the depth of the ship or vessel at the midship division as aforesaid, and the product by the inside breadth at the same division at two-fifths of the depth from the deck taken as aforesaid, and divide the last product by 92.4, and the quotient shall be deemed the tonnage due to the cubical contents of the engine room; Provided always, that the tonnage due to the cubical contents of the engine room, and also the length of the engine room shall be set forth in the certificate of ownership as part of the description of the ship or vessel, and that any alteration of such tonnage due to the cubical contents of the engine room, or of such length of the engine room after the granting of such certificate, shall be deemed to be an alteration requiring a certificate de novo within the meaning of this Act; and provided also, that the true amount of the tonnage of every ship or vessel to be ascertained under 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 the issue of the certificate of ownership.
9. When the master of any vessel is changed, he is to deliver the certificate of ownership to the person duly authorised, at the port where such change takes place, who is to endorse such change thereon, and to give notice to the officer of the port where the certificate was granted, who is to enter the same in the register of ownership.
10. The name of the vessel for which the original certificate of ownership has been granted never to be changed, and before taking in her cargo her name to be distinctly and legibly painted in white and yellow letters of a length of not less than four inches, on a black ground, on her stern, with the name of the port to which she belongs, and the same kept and preserved, under a penalty of 20 Pounds against the master or person in command, taking cargo on board, or altering such name, or naming her otherwise than as in the original certificate, or describing her otherwise to any revenue officer.
11. The applicant for a certificate of ownership required to produce a certificate from the builder of the vessel, containing an account of the proper denomination, of the time and place of its being built, its tonnage and the name of its first purchasers, and to make a declaration that the vessel requiring such certificate is the same as that mentioned in the builder's certificate. If in the absence or death of the builder or from other cause, such certificate cannot be produced, the Governor in Council, being satisfied of the justice of such application, may direct the Collector to grant a certificate.
12. If a vessel, after obtaining a certificate, be so altered as not to correspond therewith, the old certificate must be returned to the Collector who granted the same, and a new certificate obtained under a penalty of 20 Pounds.
13. When any property in vessels is sold to other subjects of Her Majesty, the same is to be transferred by bill of sale or other instrument in writing, containing a recital of the certificate of the ownership or the principal contents thereof, otherwise the transfer shall be ineffectual, but the bill of sale not to be void by reason of any error in recital, etc., provided the identity of the vessel be effectually proved.
14. The property in every vessel to be divided into sixty-four shares. No person to be registered as an owner who is not represented as owning some such 64th part or share, and on the first application for certificate of ownership, a declaration to be made by the owners as to the number of shares by them held, but if the property of the owner in such vessel cannot be reduced by division into integral 64th parts, the right of the owners of such fractional parts shall not be effected by reason of the same not being registered. Partners carrying on trade in any part of Her Majesty's dominions may hold vessels or shares without distinguishing the proportionate interests of each partner, and such vessel or shares shall be deemed partnership property.
15. Not more than 32 persons to be owners of any ship or vessel at any one time, but this is not to effect the equitable title of minors, heirs, legatees, creditors, or others beyond that number represented by or holding from any persons within that number. Joint stock companies may by permission of the Governor in Council hold several vessels, as joint stock of the company, by registering the same in the names of trustees, not less than three in number, who shall make the necessary declaration, mentioning only the name of the company and not the members thereof.
16. No bill of sale or instrument to be effectual to pass property, until such bill be produced to the Collector who granted the same, or where a new certificate is to be granted, and by him entered in the book of registry, mentioning the name, residence, and description of vendors or mortgagers, purchasers or mortgagees, shares transferred, date of the bill or instrument, and of the date of its production. If a new certificate is not to be taken out, the same particulars are to be indorsed on the certificate of ownership, and the Collector shall give notice to the Inspector General. If the bill of sale or instrument be produced to the Collector, he may endorse upon it, that the particulars before mentioned have been entered upon the book of registry and endorsed on the certificate of ownership.
17. The entry of the bill of sale to be valid to pass the property intended to be transferred, as against all persons whatsoever, except against such subsequent purchasers or mortgagees, first procuring the indorsement upon the certificate of ownership.
18. When the particulars of any bill of sale or instrument has been entered by the collector in the registry of certificates for any vessels or shares therein, the collector shall not enter any other bill of sale or instrument in favour of any other person, unless 30 days have elapsed from the date of the former transfer, or in case of the vessel's absence from port 30 days after the date of her arrival. The same course to be followed in case there are several bills of sale or instruments, allowing always 30 days from the date of the last. In case there shall be two or more transfers by the same owner, entered in the book of registry, the collector is to endorse upon the certificate, the particulars of that transfer under which the party claims who holds and produces the certificate within 30 days after the entry of the transfer, or return of the vessel to port. If no person produces such certificate within the above 30 days, the collector shall endorse upon the certificate the particulars of the transfer to the person first producing the certificate. It is the intent of the Act that the several purchasers or mortgagees of vessels or shares therein, appearing to claim the same property or the same security thereon, in the same rank and degree, are to have priority not according to the dates of the transfers when entered in the book
of registry, but according to the time of the endorsement on the certificate. If the certificate be lost, mislaid, or detained by any person, so that the endorsement cannot be made in due time, on proof thereof by the purchaser or mortgagee, or his agent, the Inspector General may grant further time for the recovery of such certificate or a new registry, and the collector shall make a memorandum in the book of registry of such extension of time, and make no further entries during that period.
19. If the certificate of ownership be produced to the collector of any port where the vessel may be, after any bill of sale has been recorded at the port to which she belongs, and also such bill of sale with a notification of such record, such other collector may endorse on such certificate of ownership such transfer, and give notice thereof to the collector of the port to which the vessel belongs, to be by the latter recorded as if he had himself made the endorsement, but inserting the name of the port where the endorsement was made. The collector of such other port is, however, to give notice to the collector of the port to which the vessel belongs, of the requisition made to him to endorse the certificate, who shall be bound to send all information as to the bills of sale recorded in the registry of ownership to the collector of the other port, who shall thereupon proceed according to the directions of the Act.
20. If it become necessary to grant a certificate de novo, and any shares have been sold since the last certificate, without being recorded and endorsed, the bill of sale must be produced to the collector making the registry, otherwise it shall not be noticed in the new certificate. But if the bill of sale and the new certificate be subsequently produced, such transfer may be subsequently recorded and endorsed, as well as before the granting of such new certificate.
21. If upon any change of property in any vessel the owners desire to have a new certificate, the collector of the port to which she belongs shall grant the same, and record it in the book of registry, having observed all the requisites directed by the Act.
22. To avoid the attendance of the registering officers on trials, relative to vessels, with the oaths or declarations of ownership, or the books of registry, or extracts therefrom, the collectors are to permit any person to examine such oaths, declarations, or books of registry, and to take copies thereof, which being proved to be true copies, shall be allowed as evidence, as if the originals had been produced by the collectors.
23. When any transfer of a vessel or shares therein, be made only as a security for debt by way of mortgage, or assignment to trustees, the collector shall in the book of registry and in the endorsement on the certificate, express that such transfer was made for such specific object, and the persons claiming as such mortgagees and assignees shall not be deemed the owners thereof, except as it may be necessary to render the vessel or shares available by sale for the payment of the debt, for the securing of which the payment is made.
24. When such transfers for the security of debts have been made and registered, the rights of the mortgagee or assignee shall not be affected by any act of bankruptcy of the mortgager or assignor, committed after such registry, although the mortgagor or assignor be in possession of the vessel or shares so mortgaged or assigned and deemed the reputed owners thereof, but such mortgage or assignment shall be preferred to any claim belonging to the assignee of such bankrupt.
25. Any person making any false declaration, or counterfeiting, altering, or falsifying any certificate or instrument required by this Act, or wilfully making use of the same, or granting any false certificate, to forfeit 100 Pounds for every such offence.
26. Penalties to be sued for, recovered, and disposed of as any forfeitures incurred for any offences against the laws of the Customs, and the officer concerned in any seizures or prosecutions under this Act shall receive the same share of the proceeds thereof, as any other officer now has upon prosecutions for pecuniary penalties.
27. This Act to cease whenever the Imperial Act of 3 and 4 Wm. 4, for the registering of British vessels, shall be extended to vessels navigating the inland waters of this Province and not proceeding to sea, but all things done under this Act, and all rights acquired, shall remain valid, and all penalties sued for and enforced, and all prosecutions continued and completed as if this Act had not so ceased.
28. This Act may be altered or repealed during this Session, but this was not done.
The Drawback Bill - passed in U.S. Congress; its effects on trade in Canals.
The Eleonora - Mr. James MacKenzie of this Town, has purchased the hull of the Steamer Great Britain from the Hon. Mr. Hamilton, and fitted her up as a Bark adapted for the Timber Trade. Mr. MacK. has also paid a compliment to the Town of Kingston by giving the name of our amiable and accomplished Lady Mayoress to his vessel.
The Great Britain was unquestionably the most popular steamer which ever sailed on our waters - and from the interest still manifested in her success, under a new name and in a new sphere of action, we have a gratifying proof that old times are not forgotten.
The Eleonora is the largest merchant vessel afloat on Lake Ontario, a beautiful model - about 650 tons burthen, and rigged in ship-shape style. We wish her young and enterprizing Proprietor every success.
The Lake Ontario Royal Mail Steamers, Princess Royal, Sovereign and City of Toronto, will resume their regular trips on Friday next, the same as last year, with this alteration, viz., leaving Kingston at seven o'clock in the evening instead of eight, as formerly.
(issues missing until April 30th)