✨ Shipping Regulations Correspondence
of the mode in which the changes effected by
the Merchant Shipping Act have been
brought into operation, I am directed to bring
the subject to the notice of the Commissioners
of Customs, and to request their attention to
the following observations and suggestions.
The cases comp'ained of are two-fold—
1.—Where a Ship being registered in a
Colony, a Bill of Sale, or Power of Attorney
to execute a Bill of Sale, have been sent by
the Registered Owner to the United King-
dom.
2.—Where a Ship being registered in a
Colony, the Registered Owner is in the United
Kingdom, and wishes to sell her here.
In both these cases, the Registrars of Ship-
ping would, before the 1st of May, have re-
gistered the ship, de novo, without waiting
to ascert in the state of the Colonial Register,
whilst, since the 1st of May, they have re-
fused to register the Ship, de novo, in this
Country and the Commissioners of Customs
have supported them in such refusal.
This Board entirely concur with the view
which the Commissioners have thus taken of
the principles on which the system of Ship
Registry should be carried into effect.
One of the most important objects of the
system introduced by the recent Act, is to pre-
vent a Ship from being disposed of in two
places, to two different persons at the same
time; and to effect this object. it is necessary
that all dealings with the Register of the Ship
should either be effected at her Port of Re-
gistry, or appear on the Register Book kept
at that Port.
It it is wished to sell or mortgage the Ship
in any part of the Empire other than that in
which the Ship is registered, Statutory
Powers of Attorney for the purpose (called in
the Act "Certificates of Sale or Mortgage")
can be procured at the Port of Registry.
These Certificates will confer a perfect title
on those who take under them, whilst, as they
will be entered on the Register Book at the
Port of Registry, persons who might desire
to purchase or lend Money on the Ship there,
will have full notice of their existence.
My Lords consider it of very great impor-
tance for the interests of shipping that these
Certificates should be brought into use as
quickly and as universally as possible, and
that nothing should be done which would
have the effect of permanently infringing the
principles of the new system, or of inducing
persons concerned in Shipping to believe
that it will henceforward be possible to con-
fer a Title to a Ship by any means except
those which the Act, and the Regulations
which have been issued under it, point out as
necessary.
But, since it appears that it has, under for-
mer Acts, been the practice to register Colo-
nial Ships de novo in this Country upon the
production of duly executed Bills of Sale,
without first ascertaining the state of the Co-
lonial Register; and since it further appears
that many Ships have lately been sent, and
are now being sent from the Colonies, for the
purpose of being sold in this Country, accord-
ing to the practice which has heretofore pre-
vailed, and that considerable inconvenience
would be caused if the new system were
brought suddenly into stringent operation.
My Lords wish to suggest to the Commis-
sioners the expediency of adopting the fol-
lowing relaxations, to take effect at once, and
to last during such time only as may be ne-
cessary to bring the New System into com-
plete operation.
1.—Ships registered in the Colonies may,
for such time as hereinafter mentioned, be
registered de novo in this Country, upon the
production of such Documents or Evidence
of Title as the Registrars have heretofore
been in the habit of receiving as sufficient.
2.—In all such cases the Vendor or his
Agent shall give to the Registrar security
that the transaction shall be completed, and
that the Registrar and the Commissioners
shall be kept harmless from any loss or
damage which they might incur if it were to
happen that the Ship was in the meantime
disposed of in the Colony. A suggested
Form of Bond for this purpose is enclosed.
3.—The Vendor or his Agent must fill up
and sign and deliver to the Registrar at the
Port of Registry de novo, a form of applica-
tion to the Registrar at the Port of original
registry in the Colony, calling for a transfer
of the registry under the provisions of the
Act. This application, the Registrar at the
Port of registry de novo, will forward with
the old certificate of registry to the Colony.
A suggested Form of application is enclosed,
with Forms of Letters from the Registrar in
this Country to the Colonial Registrar, and of
the reply to be sent by the latter.
4.—On registering the Ship de novo, the
Registrar will insert in his Book the words
"Registry to be transferred from the Port of
," and, on receiving the
requisite information from the Colonial Re-
gistrar, he will write under those words "Re-
gistry completed by transfer from the Port of
," with the date.
5.—The relaxation is to take effect at once,
and to last, as to Ships Registered in the Ame-
rican Colonies, until the end of September,
and as to Ships registered in more distant
Colonies, until the end of February next.
The effect of the relaxation will be to place
the persons who accept the title in this
Country in as good a position, so far as re-
gards registry, as they could have enjoyed
under the former practice, whilst they will
have the additional advantage (which they
could not have had under former Acts) that
their equitable title to the Ship, will, under
the provisions of the New Act, be perfectly
good.
I am, &c.,
T. H. FARRER.
The Secretary of Customs.
Custom House, London,
30th May, 1855.
The aforegoing extract of a Letter from
Mr. Farrer, Secretary for the Marine Depart-
ment at the Board of Trade, is, together with
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🏭
Communication regarding inconvenience for ships registered in British Possessions
(continued from previous page)
🏭 Trade, Customs & Industry25 May 1855
Merchant Shipping Act, Ship Registry, Colonial Ships, Temporary Relaxation, Customs, Board of Trade
- T. H. Farrer, Secretary for the Marine Department at the Board of Trade
NZ Gazette 1856, No 1