of navigation, and so used in fact after some repair on the spot, can only be conveyed by the captain in the form prescribed by the register acts; and the requisites of those acts not having been complied with, the sale in question was held to transfer no property to the vendee. Reed against Darby. 10 E. R. 143. rity to sell the ship under such circumstances, and to put an end to the adventure by such discretionary act of his own, when he might in fact have repaired the ship and continued the voyage. But supposing he has such authority exercised bona fide in a case of necessity; still the vessel subsisting as such, and capable of being used for the purposes All these cases (except the first) are taken from Tomlins's Digested Index: the marks against each denote in what books the same may be found at large. Palmer and another against Moxon.-Nov. 6, 1813. Action against the defendant (late sheriff of the town and county of Kingston-upon-Hull) for a false return to a writ of testatum fi. fa. Piea, general issue. At the trial before baron Thomson, at the last spring assizes for the county of York, a verdict was found for the plaintiffs for 2217, 17s. subject to the opinion of the court on the following case: In Easter term, 1812, judgment was recovered in this court by the plaintiff's against one John Moody for 2371. damages and costs, upon which a writ of testatum fi. fa. issued, directed to the sheriff of the town and county of the town of Kingston-upon-Hull, indorsed to levy 2381. 1s. 4d. besides poundage, &c. The writ was delivered to the defendant, then sheriff, &c. on the 11th of June, 1812, at a quarter-past 12 o'clock in the afternoon, and a warrant was granted thereon by the sheriff directed to his officer, under which writ and warrant the officer, about half-past three o'clock the same afternoon, took possession of one fourth part of the brig Thirsk, then lying in the port of Hull, being the port to which the brig be. longed, and in which she was registered; and her port of registry was not altered in consequence of the sale or transfer hereinafter mentioned. On the 10th of June, 1812, J. Moody being owner of one fourth, Richard Duckles of another fourth, and Matthias Moody and Thomas Duckles of another fourth part of the said brig, by a bill of sale of that date, in consideration of the sum of 9102. paid to them in the respective proportions in which they were entitled, the receipt of which they acknowledged, fully and absolutely granted, bargained, sold, assigned, and set over to T. Bradbury, T. Stevenson, and J. Aaron, their executors, administrators, and assigns, three full, equal, and undivided fourth parts or shares (the whole into four equal parts or shares being considered as divided) of and in the said brig, masts, &c. which said brig was stated to have been duly registered pursuant to the act of parliament, and a copy of the certificate of such registry was set forth in the bill of sale, in which certificate J. Moody is stated to have sworn that he was the sole owner of the brig: "To have and to hold the said three un"divided fourth parts or shares of and "in the said brig, and all other the bar"gained premises, unto the said Brad"bury, Stevenson, and Aaron, and "their respective administrators and as"signs." The bill of sale was executed on the day of its date by J. and M. Moody, and T. Duckles, at or about five o'clock in the afternoon, and at the same time a memorandum of the said transfer by all the four was indorsed on the certificate of registry, and was signed by the three; but neither the bill of sale nor the memorandum of transfer was signed or executed by R. Duckles until the 15th of June following. The hours for transacting business at the custom house in Hull are from nine in the forenoon until two in the afternoon, On the 11th of June, at a quarter before two in the afternoon, a true copy of the memorandum so indorsed on the certificate of registry, and signed by the three as aforesaid, was left with the proper officer of the custom house in Hull to be entered; and on the 15th of June another copy of the memorandum, with the signatures of the four, was also left with the proper officer at the said custom house for the same purpose. Neither the defendant nor his officer made sale of the said fourth part seized by them under the writ and warrant, nor did they retain the possession, but abandoned it; and afterwards the defendant returned nulla bona, except as to the sum of 16. 3s. arising from the sale of one 64th part of another vessel belonging to J. Moody. The question for the opinion of the court is, whether the plaintiffs are entitled to recover: if the court are of opinion that they are so entitled, the verdict is to stand; otherwise a nonsuit is to be entered. E. Alderson argued for the plaintiffs, and Littledale contrà, Lord Ellenborough, chief justice.—I confess that I have always thought the things required to be done by the act were in their nature conditions subsequent. What is required to be done within ten days must undoubtedly be done within ten days; but where no time is limited the act must be done within a reasonable time; Lord Coke says, where no time is limited, the law appoints the time, and he notes the diversities where a party has during his whole life, or has only a convenient time, according to the subject matter. And a reasonable time is as capable of being ascertained by evidence, and when ascertained is as fixed and certain, as if fixed by the act of parliament. In this case, all that was required to be done by the parties to the transfer was done by three of them, one of the three being the person whose share is now in question; and what was done by them was done as near as may be instanter, for the copy of the indorse ment was left with the officer the next day after executing the bill of sale and signing the indorsement; but it appears that one of the parties did not execute until afterwards; but still when he executed, he did it within a reasonable time, and all was perfected before the return of the writ. Le Blanc, justice.—I think there was in this case a valid transfer by the bill of sale, the subsequent acts having been done within a reasonable time. Bayley, justice.-The true construction of these acts seems to be this, that the bill of sale shall be holden to transfer the property from the time of its execution, but shall be liable to become void ex post facto, that is, if the party does not comply with the requisitions of the statute within a reasonable time, upon the failure of which the statute makes the sale null and void. Dampier, justice.-The efficient act is the bill of sale, which is to be void if the requisites of the statute are not complied with afterwards. That falls precisely within the definition of a condition subsequent. It must be left to the court and jury to say whether there has been a compliance within a reasonable time, and in what manner the condition has been performed. Here the requisites have been complied with within a reasonable time, and therefore it seems to me that the bill of sale is valid. Judgment of nonsuit. MAULE and SELWYN's Reports, The King against the Collector and Controller of Customs at Liverpool.Nov. 26, 1813. A rule nisi was obtained for a mandamus to the defendants commanding them to grant a certificate of registry, pursuant to stat. 34. Geo. 3. c. 68. to R. Griffith, and seven other owners of a vessel or flat, called The Supply. In January, 1801, the vessel was duly registered at Liverpool, in the names of S. Affleck, merchant, T. Pickering, mercbant, and J. Pickering, merchant, as owners. On the 5th of April, 1806, Affleck sold and transferred his share to the Pickerings, and the transfer was indorsed upon the certificate of registry to T. and J. Pickering, merchants of Liverpool, and entered at the customs at Liverpool. Afterwards J. Pickering died, and Griffith and the seven others agreed with T. Pickering, as the surviving partner, for the purchase of the vessel; and on the 16th of March, 1812, the vessel, by bill of sale in writing, reciting the certificate of registry and indorsement thereon, was conveyed by T. Pickering, as such surviving partner, to Griffith, and the seven others, who paid the purchase money, and an indorsement of such transfer was made by Pickering upon the certificate of registry. Griffith applied to the collector and controller to register this transfer, which they refused to do, upon the ground that the executors of J. Pickering had not joined in it. The attorney general, Park, and Roe, showed cause, and contended that the executors of J. Pickering ought to have joined, and Scarlett contrà. Lord Ellenborough, chief justice.- The MAULE and SELWYN's Reports, Ex parte Jones and others. Upon the petition of Jones and others to the Lord Chancellor, praying him to pronounce certain ships, and the shares thereof respectively, in which S. Holland and T. S. Williams, bankrupts, were in any way interested, to be the separate property of each of the bankrupts, and divisible among the respective separate creditors, a case was submitted to the Court of King's Bench for their opinion, which in substance was thus: voyage to Martinique, to Holland and Williams, and by bill of sale of the 7th of Oct. 1809, transferred one undivided moiety or half-part or share thereof to Williams; the purchase-money for which was paid out of the partnership funds of Holland and Williams; and on the ship's return to port, an indorsement of this transfer was made on the certificate of registry. The ship was afterwards sold by the assignees of Holland and Williams, and by the assignees, together with Humble, transferred by bill of sale to a purchaser for 1200l.; Humble joining in the bill of sale, in order to transfer his legal interest in the other undivided moiety, which by inadvertence had not been transferred by him in the bill of sale to Williams, although the whole of his share therein had been agreed to be purchased, and had been paid for by Holland and Williams. The interest of Holland and Williams in all these ships was considered by them before their bankruptcy as partnership property, was wholly paid for out of their partnership funds, and treated by them as such; the outfits, repairs, and disbursements of the same, having been charged by them to the debit, and the freight and earnings carried to the credit, of the partnership. S. Holland and T. S. Williams, the bankrupts, were merchannts and partners in Liverpool, trading under the firm of S. Holland and Co. Holland, before he became partner with Williams, carried on trade in partnership with one Humble, under the firm of Humble and Holland. The ship Kingsmill was purchased by Humble and Holland of Swan and Co. who transferred it to them by bill of sale of the 17th of September, 1808, and a new certificate of registry of that date was granted to them by the collector and controller of customs at Liverpool, but neither the certificate of registry nor the bill of sale expressed that either Humble or Holland took any particular share. On the 9th of February following, Humble, by bill of sale, transferred his undivided moiety in the ship to Williams, which transfer was indorsed on the certificate of registry. The ship Mary (a) was registered at the port of Liverpool on the 8th of December, 1808, in the names of Holland, Humble, Matthews, and two others (by name) as sole owners, the proportions of each not appearing on such register; but in fact Humble and Holland were entitled to one half, and Matthews to one eighth. Holland and Williams afterwards purchased from Humble and Holland their one half for 9001, and from Matthews his one eighth for 2501. and Humble, on the 25th of Nov. 1809, by bill of sale, transferred his interest therein, stated to be one fourth part, to Holland and Williams; and Matthews on the same day, by bill of sale, transferred to them his interest in the ship. The purchase money for these shares, and also for the share which belonged to Holland, were paid by Holland and Williams out of their partnership funds, and the transfers of these shares appear upon the certificate of registry of the said ship, and the shares have since been sold and transferred by the assignees of Holland and Williams to a purchaser. The ship Susannah was registered in the names of Humble, Holland, and Strickland, on the 8th of June, 1808, without stating that any particular share belonged to each. Strickland by bill of sale (June 14th, 1808) sold and transferred all his 7th Dec. 1815. interest, stated to be one fourth of the ship, to Humble and Holland. Humble and Holland sold the ship, then on a The question for the opinion of the Court is, whether under the circumstances of this case the interest of the bankrupts in these vessels, or any, and which of them, is to be considered as joint or separate property. Richardson argued for the petitioners, and Scarlet contra. The following certificate was sent. We have heard this case argued by counsel, and considered it, and we are of opinion that inasmuch as the names of the two bankrupts, Holland and Williams, appear on the certificates of registry of each of the several vessels, as owners thereof, the provisions of the acts for the registry of shipping are satisfied, and that they do not operate to prevent the shewing how, and in what proportions, the several owners were respectively entitled, and that the interest of the bankrupts in each of the ships mentioned in the above case is to be considered as a joint property. ELLENBOROUGH, H. DAMPIER. H. T. 1816. MAULE and SELWYN'S Reports. (a) There was another ship, called The Lucy, under the same circumstances as The Mary. TITLE IV.-PASSENGERS. Aliens. [As to Aliens arriving in Great Britain, see TITLE 17.] [As to Artificers quitting Great Britain, see TITLE 19.] As to Persons infected with any pestilential Disorder, see TITLE 7.] Quarantine. As to Passengers going to the East Indies, &c. see TITLE 88.] East Indies. As to Lists of Men belonging to Vessels in the West Indies, see West Indies. TITLE 114.] c. 56. § 1. What number of passen gers British take. Rule 1. Ir shall not be lawful for any master of any British vessel (a) 43 Geo. 8. whatever, which shall clear out from any place in the United Kingdom of Great Britain and Ireland, to have on board, at or after being cleared out, at any one time, or to convey from any place in the said United Kingdom to any parts beyond sea, in any such vessel, a greater vessels may number of persons, whether adults or children, including the crew, than in the proportion of one person for every two tons of the burthen of such vessel; and every such vessel shall be deemed to be of such tonnage or burthen as is described in the respective certificate of the registry (b) of each such vessel granted in pursuance of the several acts in force in Great Britain and Ireland respectively relating to such certificates; and if any such vessel shall be partly laden with goods, then it shall not be lawful for the master of such vessel to receive or take on board a greater number of persons, including the crew, than in the proportion of one person for every two tons of that part of such vessel remaining unladen; and such goods, with which such vessel may Stowage. be partly laden, shall, at the sight and under the direction of the collector or controller, or other officer of customs, at the place where such goods shall be taken on board, be stowed and disposed of in such manner as to leave good, sufficient, and wholesome accommodation for the proportion of persons hereby allowed in such case to be received on board. of passengers, Rule 2. If any master of any such vessel shall take on board, or if Taking illehe, or the owner or owners of any such vessel, shall engage to take on gal numbers board, a greater number of persons than in the proportion allowed by § 2. this act, such master shall forfeit 50l. for each such person exceeding in number the proportion hereinbefore limited; and moreover every such vessel so having on board, or conveying, one or more person or persons beyond the proportion hereinbefore limited, shall be seized and detained by the officer of customs until such penalty shall be satisfied and paid, or until such master, or the owner or owners of such vessel, shall give good and sufficient bail for the payment thereof. vessels bound Rule 3. Every such vessel, bound to any place in North America, Quantity of shall be stored and furnished with at least 12 weeks' provisions, and provisions for good and wholesome water, sufficient to afford an allowance per day to North during the voyage, of not less than half a pound of meat, one pound America, and a half of bread, biscuit, or oatmeal, with half a pint of melasses, § 3. and one gallon of water, to each person on board, whether adult or child; and the master of such vessel is hereby directed to give out (a) As to vessels employed in the Newfoundland trade, and on the coast of Labrador, see Rules 24 and 27 of this title. As to the Hudson's Bay company's vessels, see Rule 25 of this title. As to Canada, &c, see Rules 38-46 of this title. (b) See TITLE 3, Rule 3. 43 Geo. 3. c. 56. Clearance. Muster-roll, $4. Passengers and crew to be mustered. to each person on board at least the allowance herein directed each day of the voyage, under the pain of 201. for each neglect or omission; and any person demanding a clearance for any such vessel which shall not be stored with provisions and water in manner herein directed, shall forfeit 50%. for each person for whom there shall not be a quantity of provisions and water sufficient to afford the allowance herein directed. Rule 4. Before receiving a clearance or sufferance for any such vessel, the master thereof shall deliver to the officer of customs from whom such clearance or sufferance shall be demanded a muster-roll, distinguishing the passengers from the crew, and specifying the names, age, and sex of the persons received or to be received on board, and the conditions upon which such persons severally have been or are to be received on board, and the places to which such persons have severally contracted to be conveyed; and every person delivering a false muster-roll shall forfeit for every offence 50l. for each person omitted, or falsely stated or described therein; and it shall be lawful for the collector, controller, or surveyor of customs of the place at which any such vessel shall be cleared out, or in the absence of such collector, controller, and surveyor, the resident officer of customs at the port, together with any one of His Majesty's justices of the peace or other magistrate, (a) if such justice or magistrate can be found at such place, or within a convenient distance thereof; and such collector or controller, or such resident officer, together with such justice or magistrate, is hereby required to muster the passengers and crew on board every such vessel immediately before sailing, and to compare the persons found on board with the persons specified in the said muster-roll delivered by such master, and to search and inspect every such vessel; and if it shall appear that a false muster-roll has been delivered, or if more persons shall be found on board than in the proportion herein allowed, or if the vessel shall not be stored and provided with provisions and water sufficient to afford the allowance herein directed, then it shall be lawful for such collector or controller of customs, or the principal officer of customs, together with any such justice or other magistrate, to seize and detain such vessel, and the master thereof, until he or the owner or owners of such vessel shall find good and sufficient bail, to the amount of the penalties hereby imposed for exceeding the proportion of persons to be received on board, as hereinbefore limited, and for demanding a clearance for any such vessel without being stored with provisions and water in manner herein directed, and for delivering a When clear false muster-roll; and no clearance shall be given by any officer of customs, until the said collector or controller, surveyor, or principal officer of customs, together with such justice or magistrate, shall have mustered the persons on board, and shall have searched and inspected the vessel, and provisions and water, in manner herein directed; and if upon such inspection the regulations of this act shall be found to ter-roll, and have been duly complied with, a copy of the said muster-roll so delivered as aforesaid, shall be certified by such collector or controller, ance to be given. Copy of mus. original detained. (a) By 58 Geo. 3. c. 89. so much of the provisions contained in the above act, as requires His Majesty's justices of the peace or other magistrate to muster the passengers and crew on board every such vessel, or as requires any other thing to be executed by such justice or magistrate, with regard to such vessels and the passengers and crew on board the same, is repealed; and the collector or controller, or other proper officer of customs, shall execute all the things required by the above act to be executed by such justice or magistrate. |