obtain a register, to be received in evidence against the parties named in it, without some proof of their adoption and assent. A fortiori, a part-owner, who to an action brought against himself, has pleaded in abatement, that there are other part-owners, who ought to be joined with him in the suit, cannot sustain his plea by the bare production of a register containing their names (n). An action was brought against three persons of the names of Humble, S. Holland, & Williams, to recover the price of a quantity of rope furnished by the plaintiffs at Liverpool, in the month of January, 1810, for the use of the ship Susannah. Holland & Williams had become bankrupts; and the question was, whether Humble was liable. The order was given in the name of the owners of the Susannah, by the clerk of a mercantile house at Liverpool, trading under the firm of S. Holland & Co. In order to charge the defendant Humble as a part-owner, the defendants produced the following documentary evidence. 1. A certificate of registry at Liverpool, dated the 8th of June, 1808, naming S. Holland, the defendant Humble, and one Strickland as part-owners, which appeared to have been granted upon the affidavit of Holland & Strickland. 2. An indorsement on the certificate, dated the 14th of June, 1808, importing that Strickland had sold his interest to Holland & Humble. 3. Another indorsement, dated the 21st of November, 1809, recording a transfer of a moiety as made by Humble & Holland to the defendant Williams, on the 7th of October in that year, while the ship was at sea, and which was signed by Holland, as attorney for Humble (o). 4. Another indorsement on the certificate, dated the 7th of March, 1811, importing a transfer of the whole by the assignees of Holland & Williams, then bankrupts, and by Humble to other persons; this was signed by Humble. It will be observed of these documents, that the three first might have been made without the knowledge or privity of Humble; and therefore, faccording to the foregoing cases, [† 95] were not evidence to charge him: and that the last was made long after the sale of the goods, and therefore could not have given any information to the sellers at the time of the sale, if they had then resorted to the custom-house in order to learn the names of the owners of the ships. On the part of the defendant it was shown, that he had at a former period been in partnership with Holland at Liverpool, under the firm of Humble & Holland, and they had sold the ship to a person (n) Flower v. Young, 3 Camp. 240. vey the whole of Humble's interest, and was drawn out in this form by mistake. of the name of Kinneard, who sent her to sea; but this sale was not noticed at the custom-house; that in December, 1808, the partnership of Humble & Holland was dissolved, and Holland entered into a new partnership with Williams, under the firm of Samuel Holland & Co. The name of the new firm was painted on the counting-house, and the business of winding up the concerns of the old partnership was removed to another place. Holland & Williams re-purchased the ship of Kinneard; and on her return from the voyage on which he had sent her, they fitted her out in January, 1810, when the goods in question were furnished. Upon these facts, considered without regard to the operation of these Acts of Parliament, it will be obvious, that Humble was not interested in the ship at the time when the goods were ordered, and was not one of the persons who gave the order, or who were intended to be benefitted by the supplies that the plaintiffs had furnished. So that if he were chargeable for these goods, he could be chargeable only under the evidence of the certificate and its indorsements. And the court held that he was not chargeable (p). (1) It may be observed, that in all these cases the evidence was offered against a person in order to charge him: it has also been decided, that the register is not evidence in favor of a party producing it, as the proof of title to sustain the allegation of interest in an action on a policy of insurance on a ship (q). From these cases it appears that it may often be necessary to prove that the affidavit made to obtain registry of a ship, was actually made by the person therein named as the deponent, and consequently it may sometimes happen that the production of a copy will be insufficient for the purpose intended, notwithstanding this enactment of the stat[96] ute, for the statute makes the copy evidence fin those cases only where the original, if produced, would be evidence; and it has appeared that the production of the original, without proof of the signature, has been ineffectual. (2) (p) Mac Iver and another v. Humble and others, 16 East, 169. (q) Pirie and another v. Anderson and another, 4 Taunt. 652. (1) To the same effect is Harrington v. Fry, (2 Bing. Rep. 179) where a party purchasing a share in a ship by a conveyance void for non-conformity with the registry Act was held not liable for supplies, he never having acted or held himself out as owner. (2) See note to page 94. > The following additional provisions in our Registry Act are worthy of notice. The name of every registered ship, and the port to which she belongs, must be 16. Power of Governors of Colonies to stay Suits. Any governor, lieutenant-governor, or commander-in-chief of any of his Majesty's colonies, plantations, islands, or territories, may and is required, if any suit, information, libel, or other prosecution or proceeding of any nature or kind whatsoever, shall have been commenced, or shall hereafter be commenced in any court whatever in any of the said colonies, plantations, islands, or territories, respectively, touching the force and effect of any register granted to any ship, upon a representation made to any such governor, &c., to cause all proceedings thereon to be stayed, if he shall see just cause so to do, until his Majesty's pleasure shall be known and certified to him by his Majesty; and such governor, &c., is hereby required to transmit to one of his Majesty's secretaries of state, to be laid before his Majesty in council, an authenticated copy of the proceedings in every such case, together with his reasons for causing the same to be stayed, and such documents (properly verified) as he may judge necessary for the information of his Majesty (x). 17. Punishment for false Declarations or Documents. Any person who shall falsely make declaration to any of the matters required to be verified by declaration, and any person who shall counterfeit, erase, alter, or falsify any certificate or other instrument directed by the Act, or who shall make use of any such falsified certificate or other instrument, or wilfully grant any certificate or other instrument, knowing it to be false, is subjected to a penalty of 500l. (s). (1) (r) 3 & 4 Wm. 4, c. 55, s. 44. (s) Sect. 45. painted on her stern, on a black ground, in white letters of not less than three inches in length, under the penalty of 50 dollars. Act of 1792, ch. 45, § 3. The certificates granted to registered ships are to be numbered progressively, beginning anew at the commencement of every year, and an exact copy of each certificate is to be entered in a book kept for the purpose, and also transmitted once in three months to the Register of the Treasury. Act of 1792, ch. 45, § 19. (1) There is a similar provision in our Registry Act, which punishes false oaths and affirmations under it as perjury. Act of 1792, ch. 45, § 28. The knowingly making of any false register or record, or granting any false certificate of registry for any ship, or any other false document for the same, by any Collector or officer, subjects the party to heavy penalties. Act of 1792, ch. 45, § 26. And the knowingly making, uttering or publishing of any false sea letter, passport, or certificate of registry, or availing himself of it, in like manner subjects the party to heavy penalties. Act of 1803, ch. 71, § 1. See also, The Neptune, (3 Wheaton, R. 601.) Act of 1792, ch. 45, § 27. 18. Recovery and Application of Penalties. Penalties incurred under this Act, are to be recovered and disposed of as penalties incurred for offences against the laws of the customs; and officers concerned in seizures or prosecutions are to recover the like share of the produce of a seizure or penalty (t). (1) (t) Sect. 46. (1) The penalties and forfeitures incurred under the Act, are recoverable in the same manner as other penalties under the Act for the Collection of Duties, in force at that time. Act of 4th of August, 1790, ch. 62, [35], § 69. The preceding Notes respect ships entitled to be registered. It may not perhaps be amiss at the close of this chapter to add the most important provisions of our Laws, which respect, 1. Ships entitled to he recorded. 2. Ships entitled to be enrolled or licensed for the coasting trade and fisheries. 1. Ships entitled to be recorded and to the benefits of such Act, are ships built within the U States after the 15th of August, 1789, and belonging wholly or in part to foreigners. Every such ship must be recorded in the office of the Collector of the district, in which she was built. In order to entitle her to be recorded, the carpenter, who built her, is to make oath or affirmation before the Collector, that he built her; and he is to give a description of her similar to that required on the registry of a new ship. She must also be measured, and a certificate of her admeasurement be made and countersigned, and a certificate of the record be granted in the same manner as is required in cases of registry. Act of 1792, ch. 45, § 20, § 21, § 22. Every change of master must be indorsed on the certificate, and recorded and transmitted in the same manner, as in cases of registered ships. On entry, the certificate of the record must be produced to the Collector, where the ship is to be entered. Neglect or refusal in either case occasions a forfeiture of the privileges of a recorded ship. By the Act of 20th of July, 1790, ch. 57, [30], a tounage duty of six cents per ton only is payable on ships of the U. States; a tonnage duty of thirty cents on ships built within the U. States after the 20th of July, 1789, but belonging wholly or in part to foreigners; and a tonnage only of fifty cents per ton on all other ships. See also Act of 1st of March, 1817, ch. 204, and Act of 27th of April, 1816, ch. 107. 2. Ships engaged in the Coasting Trade and Fisheries. To entitle them to the privileges of ships of the U. States in such employment, they must be enrolled and licensed; and for that purpose they must possess (as has been already stated) the same qualifications, and the same general requisites must be complied with, as are made necessary for registering ships. And the same duties are to be performed by, and the same authorities are given to, the officers of the Customs, and other persons, in relation to such enrollment; the same proceedings are to be had in similar cases touching such enrollment ; and the ships so enrolled, and the owners and masters thereof respectively, are subject to the same duties and requisites, as are provided for registered ships. A record of the enrollment is to be made, and a certificate or copy thereof granted in the form prescribed by law. Act of 18 February, 1793, ch. 52, [8], § 1, § 2. If the ship be under twenty tons, she need not be enrolled and licensed; but it will be sufficient if she has a license only. Enrollment, however, is not of itself sufficient for any ship of a greater tonnage; but the ship must, moreover, have a license for the coasting trade or fisheries in force at the time; otherwise she loses her American privileges. (Ibid.)¡ In order to obtain a license for a ship, the husband or managing owner, together with the master, must, with one or more sureties, become bound to pay to the United States a sum, varying according to the tonnage of the ship, from 100 to 1000 dollars, in case it shall appear within two years from the date of the bond, that such ship has been employed in any trade, whereby the revenue of the U. States has been defrauded during the time the license granted to the ship remained in force. The master must also swear or affirm, that he is a citizen, and that such license shall not be used for any other vessel or any other employment than that, for which it is specially granted, or in any other trade or business, whereby the revenue of the U. States may be defrauded. And if such ship be less than twenty tons, the husband or managing owner is to swear or affirm, that she is wholly the property of citizens. The tonnage duty of six cents per ton being paid, the Collector is then to grant a license to the ship for her employment in the coasting trade or fisheries in the form prescribed by the Act, which is to remain in force generally for one year only, and while she continues owned by the same persons, and to be of the same description, and employed in the saine business, for which the license is granted. Act of 1793, ch. 52, § 4, § 5. Registered ships may, upon their registry being given up, be enrolled and licensed; and vice versa, enrolled and licensed ships may, upon giving up their enrollment and license, be registered. When any ship is in another district, than that to which she belongs, the Collector of such district, upon the application of the master or commander, and his taking an oath or affirmation, that according to his best knowledge and belief the property remains as stated in the register or enrollment proposed to be given up, and upon his giving the bond required for granting registers, is to make the exchanges as aforesaid. In every such case such Collector is to transmit the same to the register of the Treasury. And the register or enrollment, and license granted in lieu thereof, is, within ten days after the arrival of such ship within the district to which she belongs, to be delivered to the Collector of such district, and be by him cancelled. The neglect so to do on the part of the master or commander subjects him to a penalty of 100 dollars. Act of 1793, ch. 52, § 3. The Collector is to number progressively the number of licenses granted by him, beginning anew at the commencement of every year, and is to make a record thereof in a book to be kept by him for that purpose; and is once in three months to transmit to the register of the Treasury copies thereof, and also of the licenses given up or returned to him, in pursuance of the Act. And in every case where a ship shall be enrolled or licensed anew, or being licensed or enrolled shall be registered, or vice versa, she is to be enrolled, licensed, or registered by her former name. Act of 1793, ch. 52, $7. If a ship enrolled or licensed proceeds on a foreign voyage without documents, &c., and for doing any act forbidden, or omitting any duties prescribed by the Act of 1793, ch. 52, see § 29. Ships licensed for the fisheries may obtain permission to touch and trade with foreign ports, and may thereupon take on board goods of foreign growth and manufacture; but if found within three leagues of the coast without such permission, with such goods on board exceeding the value of 500 dollars, the vessel and goods are forfeited. Act of 1793, ch. 52, § 21. By the Act of 1793, ch. 52, § 6, ships of twenty tons burthen or upwards, found trading between district and district, or between ports of the same district, (other than registered ships,) or carrying on the fisheries without being enrolled and licensed, or if less than twenty tons, and more than five tons burthen, without a license, if laden with domestic goods, except distilled spirits, or in ballast, pay the same tonnage duties and fees as foreign ships; but if laden with distilled spirits, or foreign goods, are forfeited. Further regulations are made on this subject by the Navigation Act of 1st of March, 1817, ch. 204. The 6th sect. of the Act of 1793, above referred to, inflicts a forfeiture only in cases of unregistered ships found with foreign goods on board; and not on vessels licensed for the fisheries. The Eliza, (1 Gallis. R. 4.) Registered ships are not interdicted from trading between district and district; their privileges are not as great as those of ships licensed for the coasting trade. Act but |