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show the loss of a former register was insufficient,
inasmuch as it contained an assertion that the register
lost was granted at the port of Wilmington in North
Carolina, and by a letter from the collector of that
port, information had been received that no such regis-
ter was ever issued from his office. The collector was
afterwards examined as a witness in the cause, and de-
clared on oath to the same effect.
George M. Ogden, one of the owners, afterwards
applied at the collector's office for a register, offering
to take an oath, the form of which he had prepared,
varying from the form of the oath required by law;
he was informed by the collector it was not suffi-
cient, and that unless he would take the oath in the
form prescribed by the registry act, a register could
not be granted. Mr. Ogden pressed the form of the
oath which he had tendered, but was again told it
cold not be received. Mr. Ogden had been shown
ne letter from the collector at Wilmington, and had
been informed of its contents by the attorney for the
district. Nevertheless, he appeared in the collectors's
office on the 22d of January, 1816, and took the
oath required by law, relying, as he said, on the oath
which Captain Myrick had taken, as the ground of
his oath ; and a register issued in form to the own-
ers, Richard Peniston, master. In this oath he
deposed, that “being owner in part and having charge
of the ship or vessel called the Neptune, the said
ship or vessel had been, as he verily believed, re-
gistered according to law by the naine of Neptune,
and that a certificate thereof was granted by the col-
lector of the district of Wilmington in the state of

1818.

The Neptune.

1818. -vThe Neptune.

North Carolina, which certificate had been lost and destroyed by accidentally falling overboard in the river Mississippi.”

On the part of the owners, John M'Cauley, mate of the Neptune, deposed, that on her voyage from London to New-Orleans, he had seen the register of the ship Neptune frequently, and before the issuing of the new register ne had assured Mr. Ogden he had seen it, and that he believed it to be dated at Wilmington, North Carolina, and that it was lost, by accident, from the pocket of the captain in the river Mississippi; and that he had no reason to doubt it a genuine one. M'Cauley being asked, “Did captain Myrick tell you on his return from town that he had shown the register to Messrs. Harrod and Ogdens ! answered, he had laid the pocket book containing it on the desk. The carpenters, who repaired the Neptune, certified that in their opinion, she was built in the United States.

The Neptune.cleared out at the custom house of New-Orleans, on the 9th day of February, 1816, when she was immediately seized by the collector, as forfeited to the United States, and libelled for a breach of the 27th section of the act of congress of the 31st of December, 1792, ch. 146. (I.) entitled, “An act concerning the registering and recording of ships or vessels.” Upon these facts, the Neptune together with her tackle, apparel and furniture, was, by the sentence of the district court, condemned as forfeited to the United States. From this decree the owners appealed to this court.

The question for the decision of this court must depend upon the true construction of the act before mentioned. If the appellants have, in all respects, com

plied with the requisites of that act, they have incur- .

red no forfeiture; if any of its provisions, which inflict
a forfeiture of the vessel for a non-compliance, have
been violated, a forfeiture will ensue.
By the first section of the act, it is provided, that
ships or vessels of the United States shall not continue
to enjoy the benefits and privileges appertaining to such
ships or vessels, longer than they shall continue to be
wholly owned, and be commanded by a citizen, or cit-
izens, of the United States.
The third section directs that all vessels, thereafter
to be registered, shall be registered by the collecter of
the district, in which shall be comprehended the port

to which the ship or vessel 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 such ship or vessel usually resides; and the name of the vessel, and of the port to which she belongs, shall be painted on her stern.

The fourt section prescribes the substance of the oath to be taken in order to the registry, and contains a clause of forfeiture, in case any of the matters of fact, which shall be within the knowledge of the party swearing, shall not be true. The fifth section makes it the duty of all the owners resident within the United States, to take a like oath within ninety days after the granting the register.

1818. ~~~~ The Neptune.

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The ninth section directs the collector of each district to keep a record of all ships and vessels to which

Neptune. registers shall have been granted, and prescribes the

form of the register. The tenth section directs a
copy of each register to be transmitted to the register
of the treasury, who shall cause a record of them to be
kept.
The eleventh section directs the course of proceed-
ing, in case a vessel be purchased by a citizen before
registry, and contains a clause of forfeiture in case of
false swearing.
By the thirteenth section it is enacted, that if the
certificate of registry of any vessel shall be lost, des-
troyed, or mislaid, the master, or other person having
the charge or command of her, may make oath, or af-
firmation, before the collector of the district, where
such vessel shall first be, after such loss or destruction;
and the form of the oath is prescribed. It is an essen-
tial part of the oath, that in it shall be stated the name
of the collector, and the port at which the former regis-
ter was granted.
The fourteenth section requires, that when a regis-
tered vessel shall be sold or transferred to a citizen of
the United States, she shall be registered anew by her
former name; and if not registered anew, she shall not
be entitled to the privileges or benefits of a ship of
the United States.
By the twenty-seventh section it is provided, that
if any certificate of registry or record shall be frau-
dulently, or knowingly, used for any ship or vessel not
then actually entitled to the benefit thereof, according
to the true intent of the act, such ship or vessel shall
be forfeited to the United States, with her tackle, ap-
parel, and furniture.
In the argument of this case it was admitted by
the counsel for the appellants, that the register was
improperly obtained, but it was denied that the ves-
sel became thereby forfeited under the 27th, or any
other section of the registry act. And it was conten-
ded that the owner having a register issued by
the collector, was proof that it was not fraudu-
lently obtained. In support of this position, the
case of the Anthony Mangin was cited from 3 Cranch.
337.
To this it was replied, that the appellants purchased
the Neptune knowing that she was without a register.
That it was alleged to have been granted to the form-
er owner by the collector for the port of Wilmington,
in North Carolina, and that it was lost. The appel-
lants knew that information had been received from the
collector at Wilmington, that a register for the
Neptune had never been issued at that port; and
that, therefore, it was fraudulently obtained, and
used for the Neptune, not then entitied to the
benefit of it. -
The case of the Anthony Mangin does not sup-
port the argument of the appellant's counsel. In that
case an action was brought by the United States
against Grundy and Thornburgh, for money had and re-
ceived for the use of the United States by the de-
fendants, as assignees of Aquila Brown, junior, a
bankrupt, it being money received by the defend-
ants for the sale of the ship Anthony Mangin,
which ship the United States alleged was forfeited by

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