CONVEYANCE OF VESSELS.
The act of congress, approved the 29th July, 1850, entitled an act to
provide for recording the conveyances of vessels and for other purposes,
enacts that no bill of sale, moortgage, hypothecation or conveyance of
any vessel, or part of any vessel of the United States, shall be valid
against any person, other than the grantor or mortgagor, his heirs and
devisees, and persons having actual notice thereof, unless such, bill of
sale, mortgage, hypothecation or conveyance be recorded in the office
of the collector of the customs, where such vessel is registered or
enrolled. Provided, that the lien by bottomry on any vessel, created
during her voyage, by a loan of money or materials necessary to repair
or enable such vessel to prosecute a voyage, shall not lose its priority
or be in any way affected by the provisions of the act. See. 2 enacts,
that the collectors of the customs shall record all such bills of sale,
mortgages, hypothecations or conveyances, and also all certificates for
discharging and cancelling any such conveyances, in a book or books to
be kept for that purpose, in the order of their reception; noting in
said book or books, and also on the bill of sale, mortgage,
hypothecation or conveyance, the time when the same was received; and
shall certify on the bill of sale, mortgage, hypothecation or
conveyance, or certificate of discharge or cancellation, the number of
the book and page where recorded and shall receive, for so recording
such instrument of conveyance or certificate of discharge, fifty cents.
Sec. 3 enacts, that the collectors of the customs shall keep an index of
such records, inserting alphabetically the names of the vendor or
mortgagor, and of the vendee or mortgagee, and shall permit said index
and books of 'records to be inspected during office hours, under such
reasonable regulations as they may establish and shall, when required,
furnish to any person a certificate setting forth the names of the
owners of any vessel registered or enrolled, the parts or proportions
owned by each, if inserted in the register or enrollment, and also the
material facts of any existing bill of sale, mortgage, hypothecation, or
other incumbrance upon such vessel, recorded since the issuing of the
last register or enrollment; viz. the date, amount of such incumbrance,
and from and to whom or in whose favor made. The collector shall receive
for each such certificate one dollar. Sec. 4. By this section it is
enacted, that the collectors of the customs shall furnish certified
copies of such records, on the receipt of fifty cents for each bill of
sale, mortgage, or other conveyance. Sect. 5. This section provides that
the owner or agent of the owner of any vessel of the United States,
applying to a collector of the customs for a register or enrollment of a
vessel, shall, in addition to the oath now prescribed by law, set
forth, in the oath of ownership, the part or proportion of such vessel
belonging to each owner, and the same shall be inserted in the register
of enrollment; and that all bills of sale of vessels registered or
enrolled shall set forth the part of the vessel owned by each person
selling, and the part conveyed to each person purchasing.
CONVEYANCER. One who makes it his business to draw deeds of conveyance of lands for others., 3 Bouv. Inst. n. 2422.
2.
It is usual also for conveyancers to act as brokers for the seller. In
these cases the conveyancer should examine with scrupulous exactness
into the title of the lands which are conveyed by his agency, and, if
this be good, to be very cautious that the estate be, not encumbered. In
cases of doubt he should invariably propose to his employer to take the
advice of his counsel.
3.
Conveyancers also act as brokers for the loan of money on real estate,
Secured by mortgage. The same care should be observed in these cases.
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