shewed that some particulars, notwithstanding the great attention paid to the original statute, and the great talents employed in framing it, had not been sufficiently provided for by it. An enumeration of the commercial privileges of British ships would be wholly foreign to the subject of this book. The provisions introduced by the Legislature to ascertain the property, and regulate the mode of transferring it from one person to another, are peculiarly within its province; and I shall therefore

supply her with stores; but the guns and ammunition were to be found by government; that the master should obey the orders and instructions of the naval officer; on the part of the commissioners, that they would pay 15s. 5d. per ton per month, and 51. 10s. per month for each man of the ship's complement; that if the ship should be sunk, taken or burnt by the enemy without default, government should pay for her, and should also pay the freight then due to her; that government should also pay for all damages that should be sustained in any action with the enemy. On this case the Court of Common Pleas gave judgment for the plaintiffs and said, notwithstanding the charter-party the ship belonged to the defendants. It was navigated by a master and sailors provided and paid by them, and it is difficult to say that it is not to be considered as their ship with regard to all the world, except the commissioners of the navy. The taking an officer on board belonging to those to whom they have let the ship, cannot exonerate them from their responsibility. Fletcher, &c. v. Braddick, &c. 2 New. Rep. 182.

So where a ship was chartered from New York to Jeremie and back to New York at a freight of $2,400 for the voyage, the court held that the charterer was not owner of the ship for the voyage, and could not insure the sum agreed to be paid by the name of "freight;" and that the charter-party was a mere

endeavour to arrange and consolidate them; treating the several statutes, in which they are found, as being substantially one, except where particular circumstances require another course. It should be observed, however, of these provisions, that they are not less happily calculated to prevent the commission of private fraud upon individuals, than to advance the public policy of the state, by the notoriety of property obtained [28] through the medium of a public Register, a meas

covenant to carry the goods. Rep. 346.

Cheriot v. Barker. 2 John.

When an abandonment is made to insurers upon a ship, and is accepted by them, they become owners, and this ownership is to be computed from the time of the loss, on account of which the abandonment is made. Abandonment has this retrospective effect, and it amounts to a complete transfer of the property. United Insurance Company v. Robinson. 2 Cain. Rep. 280. 2 Emerigon 194, 6.-Pothier Contrat d'Assurance, n. 138. United Insurance Company v. Scott, &c. 1 John. Rep. 106. The insurers are consequently liable to pay for all repairs and necessary expences incurred after the loss. ibid. and Reade, &c. v. Commercial Insurance Company. 3 John. Rep. 352.

The same is the effect on abandonment of a cargo. The insurers become immediately the owners, and are entitled to the property or the proceeds of it against all persons in possession of it. Schmidt v. United Insurance Company. 1 John. Rep. 249. Robinson, &c. v. The United Insurance Company. I John. Rep. 592.

And where the policy is underwritten by several persons, after abandonment made to them, they are not to be considered as joint partners, but are severally liable for their proportion 1 John. of repairs. United Insurance Company v. Scott. Rep. 106.

ure adopted with numerous improvements from the wisdom of former times (c). (1)

(c) The registering of ships appears to have been first introduced into practice in this country by the navigation act, 12 Car. 2. c 18. s. 10. A. D. 1660. For it is not mentioned in the navigation Ordinance in the time of the usurpation; but the Statute of Charles the Second only requires foreign ships British owned to be registered. The Statute 7 & 8 W. 3. c. 22. s. 17. requires British or Plantation built ships British owned, if intended to be employed in the Plantation trade, and also prize ships, to be registered. And ships, for which Mediterranean passes were wanted, were also registered in consequence of a regulation at the Admiralty, although a register was not required by Statute for British ships employed in the Mediterrane an trade; as we learn from Reeves History of the Law of Shipping and Navigation, p. 423. Lewis the Fourteenth, by an Ordinance dated the 24th October 1681, required all his subjects to make a declaration in the Admiralty of their residence, of all ships belonging to them, whether built in France or foreign

countries, and of the names of the several part-owners, who were to be Frenchmen only, and resident in France, in order to preserve the privileges of the national flag to his own subjects. See Valin on the French Ordinance, tom. 1. 564. &c. The first article of the Hanseatic Ordinance of 1614, prohibits the building of ships in the Hanse Towns to all, except Citizens and persons having the particular permission of the Magistrates of the place. An Act of Congress of the 31st of December 1792, ch. 1. contains regulations for registering ships in the United States of Amer ica, the greater part of which correspond almost exactly with those of our Statute of 26 Geo. 3. c. 60. The national privileges of trade are confined to ships belonging to, and commanded by Citizens of America, and either built within the United States, or belonging to American Citizens on the 16th of May 1789, and continually there. after; or taken and condemned as prize in war; or forfeited for a breach of the laws of the United States.

(1) In this chapter the same order will be pursued in examining the corresponding sections of the registry acts of the United States in the notes. The United States were early impressed with the propriety of establishing commercial regulations for the encouragement of their own trade, and of conferring privileges upon the ships built within the country. An act was passed the first of September, 1789, by Congress for this purpose, but being found inadequate it was repealed, and the act of 31 December, 1792. (2 U. S. L. 131) substituted in its stead. This act and the act of 18 February, 1793. (2 U.S.) L. 168) constitute the basis of the regulations for the foreign

2. The subject of these provisions are all merchant ships employed upon the sea, whether in the coasting trade or distant voyages (d), having a deck, or being of the burthen of fifteen tons and upwards; and either built in Great Britain, or Ireland, Jersey, [29] Guernsey, and the Isle of Man, or the Colonies,

(d) 26 Geo. 3. c. 60. s. 1. & 3.

trade, and the coasting trade, and fisheries of the United States.

The acts of the United States relate to all Ships employed at sea, which may be divided into five classes: 1. Ships'of the > United States employed in foreign trade, which are entitled to be registered. 2. Ships built in the United States, but owned wholly or partly by foreigners, which are entitled to be recorded. 3. Ships built out of the United States, but owned by citizens which are entitled to a certificate of ownership. 4. Ships of the United States employed in the coasting trade or fisheries, < which are entitled to be enrolled and licenced. 5. Ships built out of the United States and owned by foreigners, which are considered alien vessels to all intents and purposes. See Slight v. Hartshome, &c. 2 John. Rep. 531.

Ships actually registered and ships duly qualified for carrying on the coasting trade and fisheries, or one of them, are alone denominated and deemed Ships or Vessels of the United States, entitled to the benefits and privileges appertaining to such ships. or vessels-and they continue to enjoy the same no longer than they continue to be wholly owned and commanded by a citizen or citizens of the United States. Act, 31 December, 1792. ch. 1. 2 U. S. L. 131. Act, 18 February, 1793. ch. 8.2 U. S. L. 168.

Ships or vessels built within the United States before or after the 4th of July, 1776, and belonging wholly to citizens of the U. S., or not built within the United States, but on the 16th of

Plantations, Islands, and Territories, under the dominion of his Majesty, in Asia, Africa, or America; or taken in lawful war, and condemned as prize; with the exception of "vessels not exceeding thirty tons, and "not having a whole or fixed deck, and being employed "solely in the fishery on the banks or shores of New'foundland, and of the parts adjacent, or on the banks shores of the provinces of Quebec, Nova Scotia, or "New Brunswick, adjacent to the Gulph of St. Lawrence,

แ

or

May, 1789, and continually thereafter belonging to citizens; and ships or vessels captured by citizens in war and condemned as prize, or seized and condemned for a breach of revenue laws, and wholly belonging to citizens, may be registered; but are not required to be under any other penalty than not being ships of the United States. Act, 31 December, 1792. ch. 1. sect. 2. 2 U. S. Laws. 132. No citizen who usually resides in a foreign country, can during such residence, entitle himself to have registered a ship owned in whole or part by him, unless he be a consul or an agent or partner in some house of trade or partnership consisting of citizens actually carrying on trade within the United States. Act of 31 December, 1792. sect. 2. No ships can be registered, or if registered, can be entitled to the benefit 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 for more than two years in any foreign country, unless he be a consul or public agent. But such ships may be registered anew on a bona fide sale to any citizen resident within the U.S. Act, 27 March, 1804. ch. 52. sect. 1. 7 U. S. L. 146. No ship built within the United States before the 16th of May 1789, and not then owned wholly or partly by a citizen, can be registered, even on a transfer to a citizen, unless by way of prize or forfeiture. Act, 31 December, 1792, sect. 2. And no registered ships, which shall be seized or captured, and con