"and to the north of Cape Cans, or of the Islands "within the same, or in trading coastwise within the "said limits; which latter vessels are not liable to be "registered, nor to any hindrance or molestation for "not being registered (e).”

Such ships, however, must belong (f) to some of his Majesty's subjects in Great Britain, Ireland, Jersey, Guern(e) 27 Gen. 3. c. 19. s. 8.

(f) 26 Geo. 3. c. 60. a. 1. & 3.

demned by a foreign power, can be registered anew, except regained by purchase or otherwise by the original owner, at the time of capture or seizure, or by his executors or administrators, but such ship shall be deemed a foreign vessel though purchased or owned by any other citizen. Act, 27 June, 1797, ch.5. sect. (4 U. S. L. 11.) Act, 27 March, 1804, ch. 52. sect. 2. 7 U. S. L. 147,

Ships entitled to be recorded, and entitled to the benefits of recorded ships in the United States, are ships or vessels built in 6 the United States after the 15th of August, 1789, and belonging wholly or in part to foreigners. Act, 31 December, 1792. ch. 1. sect. 20. 2 U. S. L. 150.

Ships entitled to be enrolled are ships of 20 tons or upwards, possessing the same qualifications and requisites as are made necessary for registering ships, i. e. they must be built within the United States, and be owned wholly by citizens. If ! under 20 tons, they are entitled to a licence. No ships, unless enrolled and licenced, are deemed ships of the United States, entitled to the privileges of ships employed in the coasting trade or fisheries. Act, 18 February, 1793. ch. 8. sect. 1. 2. 2 U. S. L. 168.—and if any not enrolled or licenced, are found engaged in the coasting or fisheries, they are subject to forfeiture, if they have on board any foreign articles or distilled spirits, other than sea stores. ibid. sect. 8.

sey, or the Isle of Man, or some of the King's Colonies, Plantations, Islands, or Territories, in Asia, Africa, or America (g); but no subject, whose usual residence is in any country not under the dominion of his Majesty, is to be deemed a British subject for this purpose during such residence, unless he be a member of some British Factory, or agent for, or co-partner in, a house or co-partnership actually carrying on trade in Great Britain or Ireland.

[30] Ships so built and so owned, and prize ships

so owned, are now alone required and authorized to be registered, and entitled to the privileges of British ships (h). All other ships, although owned by British subjects, are to be considered as alien ships (i).

3. And further, to prevent fraud in the building of ships, and to secure the performance of that work to his Majesty's subjects, no ship shall be deemed British built, or enjoy the privileges belonging to that character, if re-built or repaired, in a foreign port at an expense exceeding fifteen shillings per ton, unless such repairs shall be necessary by reason of extraordinary damage sustained during her absence from the King's dominions, and to enable her to perform her voyage, and return to the King's dominions in safety; and unless, before the repairs are made, the master shall report upon oath, or affirmation if a quaker, her condition, to the British consul, or chief British officer, if there be any on the spot, and cause her to be surveyed by two per

(g) 26 Geo. 3. c. 60 s. 8.

(4) The Stat. 33 Geo. 3. c. 66. 8. 45. expressly enacts, that prize ships legally condemned and duly registered, shall be deemed British-built ships, and entitled to the

privileges thereof. But it seems that the same effect would have been attributed to the words used in the 26 Geo. 3.

(i) 27 Geo. 3. c, 19. s. 13.

sons to be approved of by him, and deliver to him in writing the particulars of the damage sustained; and verify upon oath, or affirmation, the particulars and amount of the repairs, and the necessity of them, for the reason and for the purpose before-men- [ 31 ] tioned; which such consul or officer is required

to certify under his hand and seal; and if there be no such consul or officer resident at or near the place, then the survey is to be made by two persons to be approved of by two known British merchants resident at or near the place; and the master shall produce to them vouchers of the particulars and amount of the repairs, and their certificate shall be of the same effect as that of the consul or chief officer. And if a ship is repaired in a foreign port, the master shall, if required, make proof on oath, or by affirmation, of the nature and amount of the expense of the repairs, before the principal officer of the Customs, at the port within his Majesty's dominions, at which she shall first arrive; and if the expense shall exceed fifteen shillings per ton, and the master shall not deliver the certificate before-mentioned, the ship shall be deemed foreign built (k). (1)

4. It seems to have been the intention of the Legislature, to subject to forfeiture every ship required to be registered, which should depart from port without being registered; but it may be doubted whether the words

(k) 26 Geo. 3. c. 60. 8. 2.

(1) There is no provision in the acts of the United States corresponding with that referred to in this section, respecting repairs of a ship in foreign ports.

used in this clause of the statute will bear such a construction (). (1)

5. The place of registry is, in general, the port from and to which the ship shall usually trade, or, [32] being a new ship, shall intend to trade, and at or near which the husband or acting owner or owners reside; but four of the Commissioners of the Customs in England, or three in Scotland, may, if they see fit, authorize the register to be made in a different port (m). And prize ships, condemned in Guernsey, Jersey, or the Isle of Man, must, in order to secure the duties, be registered either at Southampton, Weymouth, Exeter, Plymouth, Falmouth, Liverpool, or Whitehaven (n). (2)

(1) 26 Geo. 3. c. 60. s. 32. See post. sect. 23. of this chapter. (m) Geo. 3. c. 60. s. 4 & 5. (n) 26 Geo. 3. c. 60. s. 26. By this statute all ships then in exist ence, were required to be register

ed within a fixed time, and those already registered to be registered anew; but it seems unnecessary to notice the particular regulations on this head at this distance of time.

(1) In the United States, no ships are required to be register- } ed. But to entitle them to the privileges of ships of the U. S. they must be registered, and otherwise are deemed alien ships; as is before stated, ships engaged in the coasting trade or fisheries, are liable to forfeiture if they have foreign articles on board, unless they are enrolled and licenced. Act, 18 February, 1793. ch. 8. sect. 12.

(2) The place of registry in the United States is in general the Collector's District, in which shall be comprehended the port to which the ship shall belong at the time of her registry, which port shall be deemed to be that at, or nearest to which the owner, if there be but one or if more than one, the husband or acting and managing owner of the ship, usually resides, and

K

6. In order to obtain a certificate of registry in the case of a new ship, the person applying for it must produce a full and true account, under the hand of the builder, of the denomination of the ship, time and place of building, tonnage, and name of the first purchaser, and must make oath that the ship is the same as thus described by the builder (). In the case of a prize ship, the owner must produce a certificate of the condemnation, under the hand and seal of the Judge of the Court, and an account in writing of all the particulars, contained in the form of the certificate of registry, made and subscribed by one or more skilful persons, to be appointed

(a) 26 Gea. 3. c. 60. s. 20 & 21.

the registry must be made by the collector of such district. Act, 31 December, 1792. ch. 1. sect. 3.

Where, however, a citizen of the U. S. purchases a ship entitled to be registered, and the ship is in another district than that where he usually resides, such ship may be registered by the Collector of the District, where the ship is at the time of the purchase, upon the purchaser's complying with the provisions of the law in common cases. And the usual oath or affirmation may be taken by the owner at his option, either before such Collector, or the Collector of his own district. But upon the ship's arriving within the district to which she belongs, the certificate of registry, granted to her, must be delivered up to the Collector thereof, who is to grant a new certificate in lieu of the first, upon compliance with the provisions of the law in common cases, and is to transmit the certificate delivered up to the collector who granted it. If the certificate be not delivered up, it becomes void, and the purchaser and the master incur a penalty of one hundred dollars; and the same penalties are inflicted for false swearing, as in common cases. ibid. sect. 11.