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None deemed British or Irish ships which shall be rebuilt or repaired in a foreign port except as herein.
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V. And be it further enacted, That from and after the first day of August, one thousand seven hundred and eighty-seven, no ship or vessel shall be deemed or taken to be British or Irish built, or enjoy the privileges thereunto belonging, which shall from henceforth be rebuilt or repaired in any foreign port or place, if such repairs shall exceed the sum of sixteen shillings and three pence for every ton of the said ship or vessel according to the admeasurement thereof, unless such repairs shall be necessary by reason of extraordinary damage sustained by such ship or vessel during the absence of such ship or vessel from his Majesty’s dominions, to enable her to perform the voyage in which she shall be then engaged, and to return in safety to some port or place of the said dominions, and that before such ship or vessel shall be repaired, so as to exceed the sum aforesaid, the master or other person having or taking the charge or command of such ship or vessel shall report the state and condition thereof upon oath, or (being a quaker,) upon affirmation to his Majesty’s consul, or other chief officer of his Majesty, it there shall be such consul or officer at the port where it shall be necessary to repair such ship or vessel, and shall cause such ship or vessel to be surveyed by two fit and proper persons to be approved of by such consul or chief officer, and shall deliver to such consul or chief officer in writing the particulars of the damage sustained by such ship or vessel, and shall verify upon oath, or being a quaker, upon affirmation to be administered by such consul or chief officer the particulars and amount of the repairs of such ship or vessel, and that the same were become necessary in consequence of damage sustained during the voyage to that port, to enable such ship or vessel to prosecute the voyage then intended and to return to some port or place of his Majesty’s dominions, which the said consul or chief officer is hereby required to certify under his hand and seal; and if there shall not be any such consul or chief officer as aforesaid, resident at or near the port or place where such repairs may be necessary, then that such survey shall be made by two fit and proper persons to be approved of by two known merchants, being his Majesty’s subjects, residing at or near such port or place, and that such master or other person having or taking the charge or command of such ship or vessel, shall produce to such merchants as aforesaid, vouchers of the particulars and amount of the repairs of such ships or vessels, whose certificate of the same shall be of like force and effect as that of the consul or chief officer aforesaid, and in case any ship or vessel shall after the said first day of August, one thousand seven hundred and eighty-seven, be repaired in any foreign port or place, the master or other person having or taking the charge or command thereof, shall make proof on oath, or if a quaker, by affirmation before the collector or other chief officer of the port of this kingdom where the said ship or vessel may first arrive, if required by him so to do, which oath or affirmation the said collector or other chief officer, or either of them, is and are hereby authorized and empowered to administer, of the nature and amount of the charge or expence of such repairs, and if such charge or expence shall appear to exceed the before mentioned sum of sixteen shillings and three pence for every ton of the admeasurement of such ship or vessel, and the said master or other person having or taking the charge or command of such ship or vessel, shall neglect or refuse to deliver to such collector or other chief officer of such port, or to one of them, the certificate so required to be produced in such cases as aforesaid, the said ship or vessel shall be deemed and taken to be a foreign built ship or vessel, to all intents and purposes whatever.
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