Transfers. When a Bill of Sale has been entered for any Shares, 30 Days shall be allowed for indorsing the Certificate of Registry, before any other Bill of Sale for the same shall be entered. procure the Indorsement to be made upon the Certificate of Registry of such Ship or Vessel in manner herein-after mentioned. XXXIX. AND be it further enacted, That when and after the Particulars of any Bill of Sale, or other Instrument by which any Ship or Vessel, or any Share or Shares thereof, shall be transferred, shall have been so entered in the Book of Registry as aforesaid (1), the Collector and Comptroller shall not enter in the Book of Registry the Particulars of any other Bill of Sale, or Instrument purporting to be a Transfer by the same Vendor or Mortgagor, or Vendors or Mortgagors, of the same Ship or Vessel, Share or Shares thereof, to any other Person or Persons, unless - Thirty Days (2) shall elapse from the Day on which the Particulars of the former Bill of Sale, or other Instrument, were entered in the Book of Registry (3); OR in case the Ship or Vessel was absent from the Port to which she belonged at the Time when the Particulars of such former Bill of Sale or other Instrument were entered in the Book of Registry, then unless Thirty Days shall have elapsed from the Day on which the Ship or Vessel arrived at the Port to which the same belonged; AND in case the Particulars of Two or more such Bills of Sale, or other Instruments as aforesaid, shall at any Time have been entered in the Book of Registry of the said Ship or Vessel, the Collector and Comptroller shall not enter in the Book of Registry the Particulars of any other Bill of Sale or other Instrument as aforesaid, unless Thirty Days shall in like Manner have elapsed from the Day on which the Particulars of the last of such Bills of Sale or other Instrument were entered in the Book of Registry, or from the Day on which the Ship or Vessel arrived at the Port to which she belonged, in case of her Absence as aforesaid; AND in every Case where there shall at any Time happen to be Two or more Transfers by the same Owner or Owners of the same Property in any Ship or Vessel entered in the Book of Registry as aforesaid, the Collector and Comptroller are (1) See § 37. (2) As soon as a Bill of Sale has been executed, (and without waiting to obtain the Certificate of Registry in order to the making the Endorsement), it may be produced" to the Officers at the Port of Registry to be entered. (3) But another Mortgage, yielding priority to the preceding, may be entered without waiting. See Note (1) page 215.} or hereby required to indorse upon the Certificate of Registry Transfers IT being the true Intent and Meaning of this Act that the several Purchasers and Mortgagees of such Ship or Vessel, Share or Shares thereof, when more than One appear to claim the same Property (1), shall have Priority one over the other, not according to the respective Times when the Particulars of the Bill of Sale or other Instrument by which such Property was transferred to them were entered in the Book of Registry as aforesaid, · but according to the Time when the Indorsement is made upon the Certificate of Registry (2) as aforesaid : PROVIDED always, that if the Certificate of Registry Provision in shall be lost or mislaid (3), or shall be detained (4) by case Certificate any Person whatever, so that the Indorsement cannot in due Time be made thereon, and Proof thereof shall be made by the Purchaser or Mortgagee, or his known Agent, to the Satisfaction of the Commissioners of His Majesty's Customs, it shall be lawful for the said Commissioners to grant such further Time as to them shall appear necessary for the Recovery of the Certificate of Registry, — or for the Registry de novo of the said Ship or Vessel under the Provisions (5) of this Act, AND thereupon the Collector and Comptroller shall make a Memorandum in the Book of Registers of the further Time so granted, (1) Mortgagees, claiming in Rank one after the other, do not claim the same Property. (2) If in the Interim Registry de novo be made, the Endorsement need not be made, see § 37. 41. (3) See $ 26. (4) See § 27. (5) See § 26. and 27. be mislaid. Transfers. Bills of Sale may be produced after Entry at other Ports than those to which Vessels belong, and Transfers in dorsed on Cer tificate of Registry. and during such Time no other Bill of Sale shall be entered for the Transfer of the same Ship or Vessel, or the same Share or Shares thereof. - XL. AND be it further enacted, That if the - Certificate of Registry of such Ship or Vessel shall be produced to the Collector and Comptroller of any Port where she may then be, after any such Bill of Sale shall have been recorded at the Port to which she belongs, — together with such Bill of Sale, containing a Notification of such Record, signed by the Collector and Comptroller of such Port as before directed, it shall be lawful for the Collector and Comptroller of such other Port, to indorse on such Certificate of Registry (being required so to do), the Transfer mentioned in such Bill of Sale, and such Collector and Comptroller shall give Notice thereof to the Collector and Comptroller of the Port to which such Ship or Vessel belongs, who shall record the same in like Manner as if they had made such Indorsement themselves, but inserting the Name of the Port at which such Indorsement was made: PROVIDED always, that the Collector and Comptroller of such other Port shall first give Port of Regis Notice to the Collector and Comptroller of the Port to which such Ship or Vessel belongs, of such Requisition made to them, to indorse the Certificate of Registry, and the Collector and Comptroller of the Port to which such Ship or Vessel belongs, shall thereupon send Information to the Collector and Comptroller of such other Port, Previous Notice to be given to Officers at the try. If upon Re shall not have whether any and what other Bill or Bills of Sale have been recorded in the Book of the Registry of such Ship or Vessel; and the Collector and Comptroller of such other Port, having such Information, shall proceed in manner directed by this Act in all respects to the indorsing of the Certificate of Registry, as they would do if such Port were the Port to which such Vessel belonged. XLI. AND be it further enacted, That if it shall begistry de novo, come necessary to register any Ship or Vessel de novo, any Bill of Sale and any Share or Shares of such Ship or Vessel shall have been sold since she was last registered, and the Transfer of such Share or Shares shall not have been recorded and indorsed in manner herein-before directed, — the Bill of Sale thereof shall be produced to the Collector and Comptroller of His Majesty's Customs, who are to make Re been recorded, the same shall then be produced. - Transfers. Bill of Sale, Cap. 110. gistry (1) of such Ship or Vessel, otherwise such Sale shall not be noticed in such Registry de novo, except as herein-after excepted (2): PROVIDED always, that upon the future, Production of such Bill of Sale, and of previous to Rethe existing Certificate of Registry, such Transfer shall and may be recorded and indorsed, as well after such Registry de novo as before. (3) XLII. AND be it further enacted, That if upon any Change of Property in any Ship or Vessel, the Owner or Owners shall desire to have the same registered de novo, although not required by this Act,--and the Owner or proper Number of Owners shall attend at the Custom House at the Port to which such Ship or Vessel belongs for that Purpose, it shall be lawful for the Collector and Comptroller of His Majesty's Customs at such Port, to make Registry de novo of such Ship or Vessel at the same Port, and to grant a Certificate thereof, — the several Requisites herein-before in this Act mentioned and directed being first duly observed and complied with. -- XLIII. AND whereas great Inconvenience hath arisen from the registering Officers being served with Subpoenas requiring them to bring with them and produce, on Trials in Courts of Law relative to the Ownery of Vessels, or otherwise, the Oaths or Affidavits required to be taken by the Owners thereof prior to the registering thereof, and the Books of Registry (4), or Copies or Extracts therefrom: AND whereas it would tend much to the Dispatch of Business if the Attendance of such registering Officers with the same upon such Trials were dispensed with; be it therefore enacted, THAT the Collector and Comptroller of His Majesty's Customs at any Port or Place, and the Person or Persons acting for them respectively, shall, upon every reasonable Request by any Person or Persons whom gistry, may af recorded. terwards be (1) See Entry by the Officers in such Case of the Bill of Sale in the Book of intended Registry, $37. (2) See § 44. (3) The Name of the Seller cannot be left out of the Registry without a legal Transfer. No Bill of Sale is valid until entered, &c. $37.; the legal Title, therefore, remains in the Seller, and consequently the Officers, and the subscribing Owners who attend and take the Oath, § 14. and 15., must treat the Seller as the legal Owner at the Time of such Registry. Transfers. Vessels or the Absence of Owners without formal Powers. Commissioners may permit Record of such Sales or Registry de novo, as the Case may require; and in other Cases where Bills of Sale cannot be produced; soever, produce and exhibit for his, her, or their Inspection and Examination any Oath or Affidavit taken or sworn by any such Owner or Owners, Proprietor or Proprietors, and also any Register or Entry in any Book or Books of Registry required by this Act to be made or kept relative to any Ship or Vessel, 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 or Copies of any such Oath or Affidavit, Register or Entry, shall, upon being proved to be a 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 Collector or Comptroller, 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 Collector or Collectors, Comptroller or Comptrollers, or other Person or Persons acting for them, could or might legally be admitted or received in Evidence. XLIV. AND be it further enacted, That if the Ship or Vessel, or the Share or Shares of any Owner thereof who may be out of the Kingdom, shall be sold in his Absence by his known Agent or Correspondent, under his Directions either expressed or implied, and acting for his Interest in that Behalf, and such Agent or Correspondent who shall have executed a Bill of Sale to the Purchaser of the Whole of such Ship or Vessel, or of any Share or Shares thereof, shall not have received a legal Power to execute the same, it shall be lawful for the Commissioners of His Majesty's Customs, upon Application made to them, and Proof to their Satisfaction of the fair Dealings of the Parties, to permit such Transfer to be registered, if Registry de novo be necessary, or to be recorded and indorsed, as the Case may be, in Manner directed by this Act, as if such legal Power had been produced; AND if it shall happen that any Bill of Sale cannot be produced, or if, by reason of Distance of Time, or the Absence or Death of Parties concerned, -it cannot be proved that a Bill of Sale for any Share or Shares in any Ship or Vessel had been executed, — and Registry de novo of such Ship or Vessel shall have become necessary, it shall be lawful for the Commissioners of |