History of merchant shipping and ancient commerce, Volume 3 (of 4)Lindsay, W. S. (William Schaw)
History
History of merchant shipping and ancient commerce, Volume 3 (of 4)
Lindsay, W. S. (William Schaw)
Commerce -- History; Shipping -- History; Steam navigation -- History
An application was made to the Collector at Liverpool for the registry
of a ship called the _Equador_, belonging to the Pacific Steam
Navigation Company. In the first instance, the Company required
registry as a Joint-Stock Company, and three members, who had been
duly elected and appointed trustees, attended at the Custom-House,
Liverpool, to subscribe the requisite declaration of registry, in
conformity with the provisions of the 13th and 36th sections of the
Act 8 & 9 Vict., cap. 89 (the Registry Act). By the 13th section, the
trustees of a Joint-Stock Company, in common with all other owners
of British ships (_excepting those owned by corporate bodies_),
were required to declare “that no foreigner, directly or indirectly,
hath any share or part interest in the said ship or vessel.” The
trustees in question stated that they could not make that declaration,
because, in point of fact, foreigners did hold shares in that ship,
and also in the other vessels belonging to the said Company; and they
requested the Collector and Controller at Liverpool to expunge from
the declaration the words above recited; but those officers, having
no legal authority to comply with this request, refused to make this
alteration. The Company then addressed the Board of Customs, requesting
that they would direct their officers at Liverpool to expunge from
the declaration the words above recited; but the Board, acting under
advice, refused compliance with the request. The Company’s secretary
then demanded registry on behalf of the Company as a “corporate body,”
and claimed to make the declaration, contained in the 13th section of
the Act aforesaid, which applies to corporate bodies. That declaration
does not, like the other declaration, exclude foreign interest; and
if, in the first instance, the Company had claimed registry as a
corporate body, the probability is, that it would have been granted as
a matter of course, without raising the question of foreign interest.
But the Collector and Controller at Liverpool, with a full knowledge
that foreigners were proprietors of the vessel, and adverting to the
13th and other sections of the Registry Act, refused registry; and
the Commissioners of Customs, acting upon their solicitor’s opinion,
supported the Liverpool officers in their refusal to grant the
registry. The Company then moved for a mandamus in the Court of Queen’s
Bench; and, after the usual proceedings in such cases, it was decided
by the Court that as the Company applied for registration in its
corporate capacity, the Court could not take notice of its constituent
members, whether they were actually foreigners or not; or, in other
words, that an English Incorporated Company was a British subject for
the purposes of the Registry Act.
[Sidenote: Further details: owner to reside in the United Kingdom.]
Public-domain text, read in full here on John Shaqi.
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