tered; the register is necessary only for the purpose of conferring the privileges of a British ship: the forfeiture is only for exercising the privileges of a British ship, without having obtained a certificate. Under the former statutes, it was dedecided, that a foreign built ship might legally be owned by British subjects, and employed by them in the same trade in which such a ship might be employed by aliens (r). That case arose upon the Convoy Act (s), which contained an exception of ships not required to be registered. It does not appear that any question was made as to the legality of the voyage as depending on the cargo; the alien duties had been paid. The legality of the voyage in which British subjects may, as owners, employ a foreign built ship, will depend upon the particular voyage, and the cargo, with reference to the Navigation Act (t), of which one of the general enactments is, "That no ship shall be admitted to be a ship of any particular country, unless she be wholly owned by subjects of that country, usually residing therein, or under the dominion thereof" (u). (1)

(r) Long v. Duff, 2 Bos. & Pull. 209. (s) 43 Geo. 3, c. 57.

(t) See Campbell and others v. Innes, 4 B. & A. 426.

(u) 3 & 4 Wm. 4, c. 54, s. 15.

(1) The Acts of Congress relating to ships employed upon the sea may be divided into five classes. 1. Ships built within the United States and owned wholly by citizens, and employed in Foreign trade, which are entitled to be registered. 2. Ships built and owned in like manner, and employed in the coasting trade and fisheries, which are entitled to be enrolled and licensed. Ships thus registered and enrolled and licensed are alone denominated and deemed "vessels of the U. States, entitled to the benefits and privileges appertaining to such ships;" and they continue to enjoy the same no longer than they continue to be wholly owned and commanded by a citizen or citizens. (Act of 1792, ch. 45, § 1, § 2; Act of 1793, ch. 52, § 1, § 2, 3.) Ships built in the United States, but owned wholly or partly by foreigners, which are entitled to be recorded. 4. Ships built out of the United States, but owned by citizens, which are entitled to a certificate of ownership. 5. Ships built out of the United States and owned by foreigners, which are deemed alien vessels to all intents and purposes. There are some qualifications and exceptions applicable to the two first classes, which will more appropriately find a place in the subsequent notes.

In respect, however, to the third and fourth classes, there do not seem to be any important privileges annexed by law, except that they might obtain from the customhouse a document of their national character and ownership for their protection; and recorded vessels pay a lower tonnage duty than foreign vessels. The regulations, by which vessels may be recorded and receive a certificate thereof, are prescribed by the § 20, § 21, § 22, § 23, and § 24 of the Act of 1792, ch. 45. They are confined to ships built within the United States after the 15th of August, 1789. As to the fourth class, it is difficult to ascertain precisely the origin of the grant of certificates of ownership. It seems, however, to have been an early practice of the Government to grant them to ships not registered, but owned by citizens; and the document was verified by the signature of the officers of the Customs and seals of office, at the port to which the ship belonged. In the case of Sleght v. Rhinelander, (1 John. R. 192; S. C. 2 John. R. 531,) it is said, that "the certificate of ownership was given by the officers of the

[64] I shall now proceed to abstract the enactments of the last Register Act, and shall endeavor to arrange them in such a manner as to present the subject to the reader in a more lucid form than it appears in the statute, introducing or noticing such of the decisions on the former statute as seem applicable to or illustrative of the present, and omitting all those whether quoted in the former edition of this book, or decided since, which were pronounced upon points not likely to arise again. And I propose to mention, 1. What ships are entitled to become and continue registered ships. 2. What persons may be registered as owners. 3. By what officers registry is to be made. 4. At what place registry is to be made. 5. What ships must be registered under the new Act, and at what time. 6. How the tonnage is to be ascertained. 7. What is to be specified in the certificate. 8. Regulations for the preservation of the ship's name. 9. Requisites on the part of the owners to obtain a registry. 10. Regulations concerning the transfer of property in the ship. 11. Requisites on a change of the master. 12. When and how registry de novo is to be made. 13. In what cases a temporary certificate or license may be granted. 14. Penalty for detention of the certificate. 15. Evidence of affidavits and books of registry. 16. Power of governors of colonies to stay suits. 17. Punishment for false oaths or documents. 18. Recovery and application of penalties.

Customs under a general power they have to certify any fact, which is made to appear to them in relation to ships and merchandize." Whatever may have been the origin of them, the existence and legality of the practice has been recognized by several Statutes. These certificates were sometimes called sea letters, even in our Laws, though that term seems most correctly to apply to the sea letters provided for in our treaties with foreign nations. Thus, by the Statute of 2 March, 1803, ch. 69, it is provided, "that every ship or vessel owned by a citizen and sailing with a sea letter," shall be furnished with the passport authorized by the Act of 1st of June, 1796, ch. 45, to be given to registered ships. So in a prior Act, (Act of 14th of April, 1802, ch. 26) it is provided, that the second section of the Act respecting Drawbacks, (Act of 1800, ch. 64) "shall not be deemed to operate upon unregistered ships or vessels owned by the citizens of the U. States at the time of passing the said Act, in those cases, where such ship or vessel at the time possessed a sea letter, or other regular document issued from the Custom House, proving such a ship or vessel to be American property." The term "sea letter" in these Acts referred to the certificate of ownership above alluded to, and was so considered in the case of Sleght v. Rhinelander, (2 John. R. 531); and indeed it would be difficult to give any intelligible sense to the Acts upon any other construction. However, these certificates have become almost, if not altogether, obsolete by the operation of the Act of 26th of March, 1810, ch. 37, which provides, that after the 30th of June then next, "no sea letter, or other document, certifying or proving any ship or vessel to be the property of a citizen or citizens of the United States shall be issued, except to ships or vessels duly registered or enrolled and licensed as ships or vessels of the U. States, or to vessels, which at that time shall be wholly owned by citizens, &c., and furnished with or entitled to sea letters or other custom-house documents, any law, &c., to the contrary notwithstanding."

1. What ships are entitled to become and continue

Registered Ships.

Ships entitled to be registered, are those only which are wholly of the built of the United Kingdom, or of the Isle of Man, or of Guernsey or Jersey, or of some of the colonies, plantations, islands or territories, in Asia, Africa or America, or of Malta, Gibraltar or Heligoland, belonging to his Majesty at the time of the building of such ships; or ships condemned in a Court of Admiralty as prize of war; or condemned in any competent court as forfeited for a breach of the laws made for the prevention of the slave-trade; and which belong to his Majesty's subjects, duly entitled to be owners of registered ships (v). But ships once † re- [† 65] gistered, lose the privileges of British ships in three instances. As, first, a ship deemed or declared to be stranded or unseaworthy, and incapable of being recovered or repaired to the advantage of the owners, and for such reasons sold by order or decree of any competent court for the benefit of the owners, or other persons interested, shall be deemed to be lost or broken up, and never again entitled to the privileges of a British-built ship (w). Secondly, A British ship captured by and become prize to an enemy, or sold to foreigners, shall not again be entitled to the privileges of a British ship, unless condemned in a Court of Admiralty as prize of war, or in any competent court for a breach of the laws made for the prevention of the slave-trade (x). Thirdly, No ship shall continue to enjoy the privileges of a British ship after repair in a foreign country, if such repairs shall exceed the sum of 20s. per ton, unless such repairs shall have been necessary by reason of extraordinary damage sustained during her absence from the King's dominions, to enable her to perform her voyage and return; and on arrival, the master is required, upon her first entry, to report upon oath to the collector or comptroller of the customs at the port of entry, that she had been so repaired, under penalty of 20s. per ton; and if it be proved to the satisfaction of the commissioners, that the ship was seaworthy when she last departed from his Majesty's dominions, and that no greater quantity of such repairs have been done than was necessary, the commissioners may direct the collector and comptroller of the port at which she arrived, or where she may then be, to certify on the certificate of her registry, that it has been proved to the satisfac

() 3 & 4 Wm. 4, c. 55, s. 5. (10) 3 & 4 Wm. 4, c. 55, s. 8.

(x) Sect. 9.

tion of the commissioners of his Majesty's customs, that her privileges have not been forfeited, notwithstanding the repairs done in a foreign country (y). (1).

The privilege of a British ship appears to have been first given by the statute, 4 Geo. 4, c. 41, s. 5, to a ship condemned for breach of the laws made for the prevention of the slave-trade. Under the former register Acts, it was de

(y) Sect. 7.

(1) The first inquiry is, what ships are entitled to become and continue registered ships by the laws of America? By the Act of 1792, ch. 45, ships and vessels then already registered; ships and vessels built within the U. States before or after 4th of July, 1776, and belonging wholly to citizens; or not built within the U. States, but on 16th of May, 1789, and continually thereafter belonging to citizens; ships and vessels thereafter captured by citizens in war, and lawfully condemned as prize, or adjudged forfeited for a breach of the Laws of the U. States; being wholly owned by citizens, and no other, are entitled to be registered. § 2.

But no ship or vessel is entitled to be registered, or if registered, to the benefits thereof, if owned in whole or in part by any citizen, who usually resides in a foreign country, during such residence, unless such citizen be in the capacity of a consul of the U. States, or an agent for, and a partner in some house of trade, or copartnership consisting of citizens wholly carrying on trade within the said States. And no ship or vessel built within the U. S. prior to 16th of May, 1789, which was not then owned wholly or in part by citizens, is capable of being registered by virtue of any transfer to a citizen, thereafter made, unless by way of prize or forfeiture. (Act of 1792, ch. 45, § 2.) And no ship or vessel is entitled to be registered, or if registered, to the benefits thereof, if owned in whole or in part by any naturalized citizen residing for more than one year in the country from which he originated, or in any other foreign country for more than two years unless in the capacity of a consul or other public agent of the U. States. But any such ship or vessel may be registered anew in case of a bona fide sale thereof to any resident citizens. (Act of 27 March, 1804, ch. 52.) And no registered ship or vessel, which is seized or captured and condemned under the authority of any foreign power, or which shall by sale become the property of a foreigner, is entitled to, or capable of receiving a new register, notwithstanding such ship or vessel should afterwards become American property; but such ship or vessel shall be deemed foreign, with an exception in favor of the original owner or his representatives, in case he or they should regain the property thereof. (Act of 27 June, 1797, ch. 5; Act of 1804, ch. 52, § 2.)

Special and temporary exceptions were also made in favor of ships and vessels belonging to New Orleans by the Act of 25th Feb. 1804, ch. 17; and in favor of the inhabitants of Florida by Act of 30th March, 1822, ch. 15.

There is in our laws no correspondent provision to that of the British laws respecting vessels stranded and wrecked, or repaired in foreign ports. (See also, Francis v. Ocean Insur. Co. 6 Cowen, R. 404.) But registered ships, which are captured and condemned, or sold to foreigners, lose their American character, in the manner above stated.

It may be proper to state, that no ships or vessels are required to be registered by our laws. But if not registered, they lose the privileges and benefits of ships of the United States, and are deemed foreign ships or vessels. And by the Act of 1793, ch. 52, § 6, ships and vessels found in the coasting trade or fisheries without being registered or licensed, with domestic goods on board, are to pay foreign tonnage duties; and if with foreign goods on board are liable to forfeiture. And by the Act of 1817, ch. 204, § 4, foreign ships are prohibited from importing any goods, wares or merchandize (except of their original cargoes) from one port of the U. States to another.

cided, that such a ship could not be considered as prize of war, although the Judge of the Court of Vice-Admiralty, in which she was condemned, had certified that she was condemned as lawful prize (z).

+2. What Persons may be registered as Owners. [† 66]

The owners must be subjects of Great Britain (a). No foreigner may, directly or indirectly, have any part or share in the ship (b). No person may be an owner of any ship authorized to be registered, who has taken the oath of allegiance to any foreign state, except under the terms of some capitulation, unless he shall afterwards become a denizen or naturalized subject of the United Kingdom; nor any person usually residing in any country not under the dominion of his Majesty, unless he be a member of some British factory, or agent for or partner in a house or co-partnership, actually carrying on trade in Great Britain or Ireland (c). (1) But no greater number than thirty-two persons are entitled to be legal owners at one and the same time as tenants in common, or to be registered as such. This, however, is not to affect the equitable (d) title of minors, heirs, legatees, creditors, or others, exceeding that number, duly represented by or holding from any of the persons within the said number, registered as legal owner of any shares. And if it shall be proved to the satisfaction of the commissioners of the customs, that any number of persons have associated themselves as a joint-stock company (e), for the purpose of owning any ship or ships, as the joint property of such company, and that such company have duly elected or appointed any number, not less than three of the members of the same, to be trustees of the property in such ships; such trustees, or any three of them, may, with the permission of the commissioners, make and subscribe the declaration required by the

(z) The King v. Collector and Comptroller of the Customs of London, 1 Maule & Selwyn, 262.

(a) 3 & 4 Wm. 4, c. 55, s. 5. (b) Sect. 13.

(c) Sect. 13.

(d) See 6 Vesey, 73; 15 Vesey, 60.

(e) Semble, this does not apply to a joint stock company in which foreigners are shareholders. Benson v. Heathorn, 1 Y. & C. 326.

(1) The persons, who are entitled by our laws to a registry of their ships, must be (as has been already stated) American citizens, and must be residents within the U. States, unless they act abroad as American consuls, or as agents or partners in some house of trade, composed wholly of citizens actually carrying on trade within the United States. Act of 1792, ch. 45, § 2. And if naturalized citizens, not resident within the country of their origin for more than one year, or in any foreign country for more than two years, unless as consuls, or as other public agents. Act of 1804, ch. 52. But ships owned by such persons may be registered anew on a bona fide sale to a resident citizen. Act of 1804, ch. 52.