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Bye-laws,

of their court of directors, now in force, and hereafter to be made, 58 Geo. 3. any way relating to shipping concerns of the said company, and to c. 83. the commanders and officers in their service, which are not or shall § 15. not be inconsistent with or repugnant to the provisions hereby enacted, shall remain and be of the same validity, force, and effect, and shall be observed in like manner, as if this act had not been made, or to restrain the said company from repealing or making any by-laws, so as they shall not be inconsistent with the provisions herein contained.

may allow

ditional sum

Rule 21. In case the owners of all or any of the ships hereafter 57 Geo. 3. mentioned; that is to say, The Lady Melville, Princess Amelia, Low- c. 120. § 1. ther Castle, Phoenix, Charles Grant, Asia, Rose, Prince Regent, Mar- Company quis Wellington, Carnatic, William Pitt, Marchioness of Ely, Astelt, owners of cerMarquis Camden, Warren Hastings, Minerva, Lord Castlereagh, taia ships adPrincess Charlotte of Wales, Streatham, Bombay, Inglis, Marquis for freight. Huntley, Castle Huntley, and The Cabalva, (a) shall pay or secure to the East India Company by way of penalty for each of the six voyages contracted to be performed by each of the said ships, on a permanent peace freight under the provisions of 39 Geo. 3. c. 89. (b) which had not been performed or commenced on the 20th November, 1815, the sum of 8331. 6s. 8d. being one sixth part of the penalty of 5000l. incurred by not performing the whole of such six voyages according to the terms of their respective contracts; it shall be lawful for the court of directors of the said company to make and allow, and to pay or cause to be paid, to the owners of the said ships, or to such of them who shall have so paid or given security for payment of the said penalty, such allowances and payments over and above the peace freight and demurrage which the said ships respectively shall be entitled to by virtue of their several contracts, in respect of every voyage performed or to be performed after the said 20th November, 1815, as to the said court of directors shall appear just and reasonable, with reference to the prices and expence of stores and articles of outfit which prevailed in the autumn of the year 1816, although such ship or ships may have come afloat, or hereafter may come afloat in time of peace.

Rule 22. It shall not be lawful for the said court of directors to Allowance limake and allow, and to pay or cause to be paid to the owners of any mited, § 2. of the said ships of 1000 tons and upwards, any sum or allowance exceeding the rate of 8l. per ton, nor to the owners of any of the said ships of less than 1000 tons, any sum or allowance exceeding the rate of 8. 10s. per ton according to builders' measurement, over and above the rate of peace freight which the owners of the said ships respectively are entitled to receive by virtue of their existing contracts; nor any rate of freight which, added to the rate of peace freight, which the owners of the said ships respectively are entitled to receive by virtue of their existing contracts, would amount to more than the rate of 261. per ton for ships of 1000 tons and upwards, and 267. 10s.

(a) By 58 Geo. 3. c. 83. § 16, it shall be lawful for the court of directors to make such allowances to the owner or owners of The Herefordshire, Atlas, Bridgewater, General Harris, Vunsiltart, and General Kyd, in respect of any voyages performed since the 20th November, 1815, or remaining to be performed under their contracts, as the said court of directors would have been empowered to make to the owner or owners of such ship, if the name of such ship had been included in the above act.

(b) See Rule 6 of this title.

57 Geo. 3.

per ton for ships of less than 1000 tons, according to builders' mea

c. 120. 13. surement.

Abatement.

Ship lost, § 4.

War, § 5.

Owners not paying pe

nalty, 6.

Peace freight,

$ 7.

$8.

Other ships

§ 9.

Rule 23. In case on any voyage which the said ships, or any of them, shall have to perform by virtue of their said contracts, the prices and expence of stores and articles of outfit shall be reduced below the prices and expence thereof which prevailed in the autumn of the year 1816, then there shall be a proportionable abatement made from any extra payment which shall have been agreed to be allowed under the authority of this act, to the owners of any of the said ships in respect of such voyage.

Rule 24. If any such ship shall be lost or captured on any such voyage, or shall meet with any accident, whereby her owners shall, according to their respective agreements or charterparties, lose or be deprived of any claim upon the said company for any payment of freight in respect of such voyage, then it shall not be lawful for the said company to exact from the owners of such ship, for such voyage, the payment of the said sum of 833l. 6s. 8d.; and in case the said sum shall have been actually paid to the said company, the same shall be refunded to the said owners.

Rule 25. In case on any voyage which any of the said ships shall have to perform under their several existing contracts, the owners of such ships shall hereafter become entitled by virtue of such contracts to any allowance in respect of additional charges arising to them in time of war and hostilities, or preparations for war and hostilities, then the owner shall not be entitled to have for such voyage any payment or allowance by virtue of this act; but the payments to be made for such ships in respect of such voyage shall be regulated and ascertained and inade as they would have been according to the rights of the parties in case this act had not been made.

Rule 26. Nothing herein shall extend to prejudice, or in any manner to affect the rights of such owners of any of the said ships as shall not pay or secure such penalty as is hereinbefore mentioned, but the rights of such owners shall remain as if this present act had not passed.

Rule 27. The owners of any of the said ships, who shall take any advantage by virtue of this act for any voyage, shall not be entitled to any increased peace freight which they might otherwise have been entitled to under their existing contracts in pursuance of 39 Geo. 3. c. 89. (a)

Rule 28. Nothing herein shall be deemed to have reference to or in any manner to affect any contracts existing between the said company and the owners of any ships now in their service, other than those contracts between the said company and the owners of the ships herein enumerated.

Rule 29. This act shall not, nor shall any thing to be done by and contracts, virtue thereof, extend to release or discharge the said company, or the owners of the said several ships, from any part of the contracts and agreements by which the said ships are severally agreed to be hired by or let to the said company, nor to alter the terms of the said contracts further or otherwise than as by this act is expressly provided and enacted.

54 Geo. 3.

Rule 30. No vessel having on board any Asiatic sailors, lascars, or c. 134. 2. natives of any territories, countries, islands, or places, within the

Lascars, &c.

(a) See Rule 6 of this title.

limits of the charter of the East India Company, shall, from the 1st 54 Geo. 3. January, 1815, be allowed to clear out from any place in any territory, c. 134. country, or island under the government of the East India Company, or belonging to His Majesty within the limits aforesaid, upon any voyage to the United Kingdom of Great Britain or Ireland, or to any place beyond the limits of the charter of the said company; or shall, Entry and from the 1st July, 1815, be admitted to entry in any place within the bond. United Kingdom of Great Britain or Ireland, unless and until the owner, or captain, or master of such ship shall have first given security by bond to such persons, and in such sum and form as shall be specified in any regulations made in that behalf by the directors of the East India Company, with the approbation of the commissioners for the affairs of India, that all such Asiatic sailors, lascars, or natives shall be duly supplied with provisions and clothing, and other necessary accommodation, while employed and while absent from the countries or places to which they respectively belong, and until they shall be carried back to India, or any other country or place from whence they were respectively brought, and for the conveyance back of such Asiatic sailors, &c. within a reasonable time to be specified in such bond, or ascertained by such regulations; and every such bond, executed by the master or captain of any such vessel, or by any one of the owners thereof, shall be deemed to be the joint and several bond of all and each of the owners of the ships for which such bond shall be given, and may be stated in pleading as such, and shall bind all and each of such owners jointly and severally as if the same had been duly executed by all and each of the owners of the vessel.

Rule 31. If any Asiatic sailors, lascars, or natives of any terri- Relief to lastories, countries, islands, or places, within the limits of the charter of cars, &c. § 3. the East India Company, having been brought to the United Kingdom on board any vessel not being a ship of war in the service of His Majesty, shall, from the 1st July, 1815, be found within the United Kingdom in distress, for want of food, clothing, or other necessaries, it shall be lawful for the said company to supply necessary and reasonable relief to such persons, and to maintain them until they shall be sent on board some ship bound for some place within the limits aforesaid; and all such sums as the said company shall pay on account of such relief or maintenance, shall constitute and become a debt due to the said company from the owner or owners of such ship on board whereof such persons shall have been brought into the said United Kingdom, and shall be recoverable as so much money paid for the use of such owner or owners, in any of the courts of the said United Kingdom, or in the East Indies, if the owners shall reside there, in which actions for the recovery of debts may be prosecuted; and in all such actions where the said company shall recover, they shall be entitled to receive full costs of suit.

sels may be

Rule 32. It shall be lawful for any collector of duties payable at 55 Geo. 3. any port to the East India Company, or other person of rank in the c. 116. § 1. said company's service of senior merchant, or of six years standing in By whom vesthe service, being respectively appointed to act in the execution of registered. this act by any of the governments of the East India Company in India, in any ports in which there shall be no collector and controller of His Majesty's revenue of customs, to register, and grant certificates of the registry of all vessels built in any territories, countries, islands, or places, under the government of the East India Company,

55 Geo. 8. c. 116.

Powers of

officers.

Vessels to be

deemed Bri

tish-built.

Ships not to be forfeited for want of

or belonging to His Majesty, within the limits of the charter of the said company, and belonging to such ports respectively, which are by the provisions of 26 Geo. 3. c. 60. 27 Geo. 3. c. 19. or 34 Geo. 3. c. 68. (a) required and entitled to be registered; and all such officers and persons respectively are hereby authorized and required to do every thing in relation to such registers and certificates, and as to all transfers of property of such vessels, and all other British registered ships, in the said acts required to be done by any officers respectively of customs in Great Britain; and the said governments of the East India Company, and all governors and lieutenant-governors of any territories, islands, and places, belonging to His Majesty, within the limits of the charter of the said company, are hereby authorized and empowered to do all things, and make all such orders in relation to the registry of any such vessels, and as to the periods within which ships built before the passing of this act may be registered, and the ports at which any such vessels may be registered, and as to all things relating thereto, and to any transfers of property in any such vessels, as any commissioners of customs are by the said acts or any of them authorized to do in relation to vessels built before or after the passing of the said act of 26 Geo. 3.; and all authorities given in the said acts to the commissioners of customs, or any officers of customs in Great Britain respectively, in relation to the registering of vessels, as to any thing relating thereto, or as to any penalties or forfeitures, or the application thereof, and as to the seizing of any vessels as forfeited under the said acts for want of certificates of registry, shall be put in execution, in relation to all vessels built in any territories, countries, islands, or places, under the government of the said East India Company, or belonging to His Majesty within the limits of the charter of the said company, either before or after the passing of this act, and required and entitled to be registered under the provisions of the said acts, as fully and effectually as if the same were repeated and re-enacted in this act; and all such vessels shall, when so registered, be deemed to be British-built ships, registered under the said acts, and entitled to all the privileges and advantages of ships built in the United Kingdom, and registered as such; except as in this act hereinafter excepted.

Rule 33.

No such vessel carrying on trade between India and the United Kingdom, or within the limits of the charter of the East India registry, 2. Company as aforesaid, shall become forfeited, or subject to seizure as forfeited, for want of a certificate of registry, until after the 1st July, 1816, unless such vessel shall after the 1st January, 1816, and before the said 1st July, have returned to the place to which she shall belong, and afterwards departed from such port without being duly registered under the provisions of the said acts.

What ships

Rule 34. Nothing in this or the said acts or in any other acts shall do not require subject any vessel, built or to be built within the limits of the charter registry, 3. of the said company, which shall not be of the burthen of 350 tons; or any vessel built within the limits of the charter of the said company, now the property of any of His Majesty's subjects within the limits aforesaid, and employed in trade as heretofore solely within the said limits, including the Cape of Good Hope; or any vessel which

(a) See TITLE 3.

now is or at any time before the 1st January, 1816, shall be building 55 Geo. 3. within the limits aforesaid, on account of any of His Majesty's sub- c. 116. jects within the said limits, and shall be employed in trade solely within the said limits, including the said Cape of Good Hope, to any Cape of Good penalty, forfeiture, disability, or impediment, by reason of such vessel Hope. not being registered, and not being British-built, or to affect the property or any transfer of property in any such vessel which shall not be registered.

British-built

vessels, § 4.

Rule 35. No vessel built in any countries, territories, or places, Privileges of under the government of the East India Company, or belonging to His Majesty within the limits of the charter of the said company, and registered under the authority of this act as British-built, and owned by subjects of His Majesty, and navigated according to law, shall be entitled to the privileges of British-built ships, owned, registered, and navigated according to law, in any voyages or trade beyond the limits of the said company's charter, except such as are specified in 53 Geo. 3. c. 155. or 54 Geo. 3. c. 34. (a)

Rule 36. Nothing in this act shall be construed in any manner to Exception, affect the privileges of any vessel already registered as British-built, § 5. or to affect the right of any vessel now built or building to registry as

British-built.

mariners, 6.

Rule 37. No Asiatic sailors, lascars, or natives of any of the terri- Lascars, &c. tories, countries, islands, or places, within the limits of the charter not British of the East India Company, although born in territories, countries, islands, or places, under the government of His Majesty, or of the East India Company, shall at any time be deemed to be British sailors, seamen, or mariners, within the intent and meaning of the act of 34 Geo. 3. (b) or of any other act of parliament relating to the navigation of British ships by subjects of His Majesty, for the purpose of entitling any vessel to be deemed to be a British ship navigated according to law, and to have the privileges and advantages of British ships, having the master and three fourths of the mariners British subjects; provided always, that no vessel belonging to any port within the limits of the charter of the said company, or usually navigated by such Asiatic sailors, lascars, or natives as mariners, shall, while carrying on trade to and from India to the United Kingdom, forfeit any privileges or advantages of a British-built ship, to which she may be by law entitled, by reason of having any proportion of such mariners, without the due proportion of British mariners, until the expiration of 12 months of continued peace after the conclusion of the present war: provided also, that it shall be lawful for His Majesty, by his How vessel royal proclamation, upon or after the commencement of any hosti- navigated in lities, to permit all merchant ships, or any other trading vessels, and all privateers, to be manned wholly, or in any such proportions as shall be specified in any such proclamation, with such Asiatic sailors, lascars, or natives, for such periods as shall be specified in any such proclamation as aforesaid.

66

case of war.

ly lascars,

Rule 38. "Whereas lascars, and other natives of the East, are not Proportion of "deemed to be equal in strength and use to European or other sea- seamen, partand the requiring the proportion of three fourths of British seamen, in ships having, as part of the crew, lascars and natives "of the East, would compel such ships to carry a larger number of

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men;

$7.

(a) See TITLE 86, Rule 19.

(b) See TITLE 3.

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