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Stephen Gavin
2003 - 2011
brig Elizabeth Jane
Support Lifeboats
Brig Elizabeth Jane - launched Nova Scotia 1817 - Lost July 1854 off the coast of Yorkshire - Found Robin Hood's Bay, July 2003


Ship Registration Act 3 & 4 GULIELMI IV REGIS CAP. L.V.

 
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Page 22
3°& 4° GULIELMI IV. Cap.55.
upon Proof to their Satisfaction of the fair Dealings of the Parties, to permit such Ship or Vessel to be registered de novo in like Manner as if a Bill of Sale for the Transfer of such Share or Shares had been produced : Provided always, that in any of the Cases herein men-tioned good and sufficient Security shall be given to produce a legal Power or Bill of Sale within a reasonable Time, or to abide the future Claims of the absent Owner, his Heirs and Successors, as the Case may be ; and at the future Request of the Party whose Property has been so transferred,, without the Production of a Bill of Sale from him or from his lawful Attorney, such Bond shall be available for the Protection of his Interest, in addition to any Powers or Rights which he may have in Law or Equity against the Ship or Vessel, or against the Parties concerned, until he shall have received full Indemnity for any Loss or Injury sustained by him.
XLIL And be it further enacted, That when any Transfer of any Ship or Vessel, or of any Share or Shares thereof, shall be made only as a Security for the Payment of a Debt or Debts, either by way of Mortgage, or of Assignment to a Trustee or Trustees for the Purpose of selling the same for the Payment of any Debt or Debts, then and in every such Case the Collector and Controller of the Port where the Ship or Vessel is registered shall, in the Entry in the Book of Registry, and also in the Indorsement on the Certificate of Registry, in manner herein-before directed, state and express that such Transfer was made only as a Security for the Payment of a Debt or Debts, or by way of Mortgage, or to that Effect; and the Person or Persons to whom such Transfer shall be made, or any other Person or Persons claiming under him or them as a Mortgagee or Mortgagees, or a Trustee or Trustees only, shall not by reason thereof be deemed to be the Owner or Owners of such Ship or Vessel, Share or Shares thereof nor shall the Person or Persons making such Transfer be deemed by reason thereof to have ceased to be an Owner or Owners of such Ship or Vessel, any more than if no such Transfer had been made, except so far as may be necessary for the Purpose of rendering the Ship or Vessel, Share or Shares so transferred, available by Sale or otherwise for the Payment of the Debt or Debts for securing the Payment of which such Transfer shall have been made.
XLIII. And be it further enacted, That when any Transfer of any Ship or Vessel, or of any Share or Shares thereof shall have been made as a Security for the Payment of any Debt or Debts, either by way of Mortgage or of Assignment as aforesaid, and such Transfer shall have been duly registered according to the Provisions of this Act, the Right or Interest of the Mortgagee or other Assignee as aforesaid shall not be in any Manner affected by any Act or Acts of Bankruptcy committed by such Mortgagor or Assignor, Mortgagors or Assignors, after the Time when such Mortgage or Assignment shall have been so registered as aforesaid, notwithstanding such Mortgagor or Assignor, Mortgagors or Assignors, at the Time he or they shall so become bankrupt as aforesaid, shall have in his or their Possession, Order, and Disposition, and shall be the reputed Owner or Owners of the said Ship or Vessel, or the Share or Shares thereof, so by him or them mortgaged or assigned as aforesaid, but that such Mortgage or
Security
being given
to produce
legal Powers
or abide
future Claims.

Transfer by
way of
Mortgage.

Mortgagee
not to be
deemed an
Owner.

Transfers of
Ships for
Security of
Debts being
registered,
Rights of
Mortgagee
not affected
by any Act of
Bankruptcy
of Mort-
gagor, &c.