writing, or are suspended until such instrument is made, and a new register thereupon granted.1

It is not very uncommon for private acts to be passed by Congress, authorizing the register of foreign ships which become in some way the property of American citizens, but which are not entitled to registers under the general law.2

In 1864,3 an act was passed entitled "An act to regulate the admeasurement of tonnage of ships and vessels of the United States." The first section of this act provides: "That every ship or vessel built within the United States, or that may be owned by a citizen or citizens thereof, on or after the first day of January, eighteen hundred and sixty-five, shall be measured and registered in the manner hereinafter provided." The fifth section provides, "That the provisions of this act shall not be deemed to apply to any vessel not required by law to be registered or enrolled or licensed, and all acts and parts of acts inconsistent with the provisions of this act are hereby repealed." The language of these sections would seem to indicate an intention on the part of Congress to do away with all distinctions between registering, and licensing and enrolling; but we are informed that the practice is to remeasure vessels under this act, to register those that were before registered, and to license those that were before licensed; and in 1865, an act was passed relating to the enrolment and license of certain vessels on the western rivers, and the waters on the northern, northeastern and northwestern frontiers of the United States, providing for the enrolment and licensing of vessels which are, at the time an enrolment and license is necessary, in a district other than that to which they belong.

1 Act of 1792, § 14, 1 U. S. Stats. at Large, 294.

* See 9 U. S. Stats. at Large, Private Acts, p. 2, 66, 154.

'.Acts of 1864, c. 83, 13 U. S. Stats. at Large, 69. An amendment to this act was passed in 1865. Acts of 1865, c. 70, 13 U. S. Stats. at Large, 444. *Acts of 1865, c. 69, 13 U. S. Stats. at Large, 444.

20

SECTION III.

WHERE AND IN WHAT WAY VESSELS MAY BE REGISTERED, OR ENROLLED.

The statutes of 1792 and 1793, already referred to, are the principal statutes in relation to this subject, and we give them in full in the Appendix. Here we would only remark, that the principal requirements are, that vessels should be registered or enrolled in the district in which is comprehended the port to which the vessel shall belong, which is that, "at or nearest to which," the owner or ship's husband usually resides. That her name shall be conspicuously painted upon her stern. That before registry or enrolment, thecollector shall be assured by the oath of the owners, and the certificate the builder and of surveyors, and, in some instances, of the master as to the ownership, the build, burden, and description of the ship. And if a ship to be owned by foreigners is to be recorded, in order to obtain the privileges of a ship built and recorded in the United States, similar precautions are required. The oath to be take by the owner as to the ownership respects only the legal title, so far as concerns citizens of this country; the disclosure of any equitable interests vested in our citizens is not required; but only a denial that any subject or citizen of any foreign prince or state is directly or indirectly interested in the ship, or in the profits thereof.

Previous to the registry of any vessel, he owner and master must give a bond, which is graduated in the amount of the penalty in proportion to the size of the vessel, that the certificate of registry shall be used only for that vessel, and that it shall be delivered up if the vessel be lost, captured, burnt, or broken up, or otherwise prevented from returning to the port to which she belongs.

Steamboats or vessels owned by an incorporated company may be registered or licensed in the name of the president or secretary of such company, without designating the names of the persons composing the company, on oath or affirmation by the president or secretary as to the ownership of such steamboat or vessel; and an enrolment or license so obtained is not vacated or affected by a sale of any share or shares of any stockholder in such company. On the death, removal, or resignation of the president or secretary, a

new register or enrolment is required to be taken out. The provision of this act requiring the president or secretary to make oath or affirm that, to the best of his knowledge and belief, no part of the vessel has been or is then owned by any foreigner, is repealed.2

Vessels employed in the whale fishery, if owned by an incorporated company, may be registered or enrolled in a similar way, as long as they are wholly employed in that fishery.3

Any vessel which is entitled to registry, and is in a district other than that to which she belongs, may be registered in that district. This, however, is only a temporary register, and must be surrendered and cancelled when she arrives in the district to which she belongs, and a permanent register granted. If the master of a registered vessel be changed, the name of the new master is indorsed upon the register, upon his making oath that he is a citizen of the United States.5

If any register be lost, the master of the vessel may make oath to the fact, and obtain a new one.6

As every register must state accurately the ownership, and the form and burden of the vessel, if a registered vessel be sold, in whole or in part, to a citizen of this country, or be altered in her form or in her burden by being lengthened or built upon, or from one denomination to another by the mode or method of rigging or fitting, the old register must be delivered up and a new one taken out, or the vessel is no longer entitled to the privileges of a vessel of the United States. If the sale take place in a district other than that to which she belongs, a temporary register may be there given, to be exchanged for a permanent one when she reaches her home port, in the same way as is done in respect to the original register. So, too, if a ship be bought by an agent or attorney for a citizen of the United States, in a district more than fifty miles, taking the nearest usual route by land, from that to which she

1 Act of March 3, 1825, ch. 99, 4 U. S. Stats. at Large, 129.

* Act of 1858, ch. 45, 11 U. S. Stats at Large, 313.

Act of March 3, 1831, ch. 115, 4 U. S. Stats. at Large, 492.

Act of 1792, ch. 1, § 11, 1 U. S. Stats. at Large, 292.

* Act of 1792, ch. 1, § 23, 1 U. S. Stats. at Large, 297. Act of 1792, ch. 1, § 13, 1 U. S. Stats. at Large, 294. 'Act of 1792, ch. 1, § 14, 1 U. S. Stats. at Large, 294. * Act of 1792, ch. 1, § 11, 1 U. S. Stats. at Large, 292.

belongs, she shall be temporarily registered there, until her arrival at her home port.1

By the act of June 27, 1797,2 it was provided, that no registered ship, which should be seized, or captured and condemned, under the authority of a foreign power, or by sale become the property of a foreigner or foreigners, should be entitled to or become capable of, a new register, although the vessel afterwards became American property. There is, however, a proviso that the act shall not affect those who own any ship or vessel at the time of her seizure or capture, or prevent such owner, in case he regain a property in such vessel so condemned, by purchase or otherwise, from claiming and receiving a new register for the same.3

It will be seen that the proviso appears to be limited to vessels captured and condemned, and, in that way, passing into the possession of foreigners, and that, as to all others, the statute puts an American ship, which has once become the property of a foreigner, forever after on the footing of a foreign built ship. The statute, however, has been construed otherwise, at least in one case. A valuable vessel belonging to Calais, Maine, was wrecked on the coast of the British provinces, there condemned as wreck, and sold and bought by Englishmen ; and the insurers paid for her. But, by a very favorable turn of wind and tide, she was got off at little expense, and found to be but slightly injured. At that time, however, she could not obtain a register as an English vessel, and certainly not as an American vessel, if sold to a new American owner. But her English purchasers brought her to Calais, and there sold her to her original owners, who were the only persons who could buy her and have a register, and who paid for her for that reason but a small price; and, in their hands, she continued to be registered as an American vessel. This case has not been reported.

1 Act of 1792, ch. 1, § 12, 1 U. S. Stats. at Large, 293.

2 Ch. 5, 1. U. S. Stats. at Large, 523.

By act of 1804, c. 52, § 2, 2 U. S. Stats. at Large, 297, this proviso is extended to the executors or administrators of the owner.

SECTION IV.

OF THE EFFECT OF REGISTRY OR ENROLMENT.

The statutes of registry and enrolment are now somewhat numerous and complicated; and those of 1792 and 1793 are very long, and go into a great variety of details. For these we must refer to the Appendix, where will be found all these statutes. Here we only remark, that enrolled vessels must be licensed annually for the employment or business in which they are to engage, and this is stated in the license, and they are not authorized by it to engage in any other; and if they be found with a forged or altered license, or making use of a license granted to any other ship or vessel, the vessel and cargo are forfeited.

These words, however, do not apply to a vessel licensed for one thing and doing another thing under her license; it would seem, therefore, that such a vessel is only not entitled to the privileges of a vessel of the United States.

If they are in a port other than that to which they belong, at the time when their license expires, they may there obtain temporary registers. All licenses must be renewed within three days after they expire, or within three days after the vessel's arrival at a port, if they expire while she is at sea. A registered vessel may engage in the coasting trade, becoming thereafter subject to the regulations provided for coasting vessels; and an enrolled and licensed vessel, if bound on a foreign voyage, may be registered.

We have quoted but a small part of the requirements of these statutes. It must, however, be obvious, that all this complication. between the registering and enrolling of vessels, and these frequent changes, must cause a great deal of trouble, not to say embarrassment, which should be avoided, if this can be done without sacrifice or greater inconvenience. When they were originally enacted, and for some time afterwards, heavy tonnage duties were levied in certain cases, which were thought to constitute quite an important part of the revenue. These are practically abolished, or nearly so. The details and exact provisions to which we have referred were perhaps necessary to carry all the original objects of these statutes into effect. But it is, we believe, a general opinion among