AUTHORITIES REFERRED TO. Abbott-Law of Merchant Shipping. Arnould-Law of Marine Insurance. Bacon's Abridgment. Benecke-Principles of Indemnity. Blackstone's Commentaries. Bynkershoek-Quæstiones Juris Publici. Coke-Reports. Comyns's Digest. Emérigon-Traité des Assurances, par Boulay-Paty, 1827. Grotius-De Jure Belli ac Pacis. Kent's Commentaries. Maclachlan-Law of Merchant Shipping. Malyne-Consuetudo vel Lex Mercatoria. Marshall-Law of Insurance. Maude & Pollock-Law of Merchant Shipping. Molloy-De Jure Maritimo et Navali, 1682. Park on Marine Insurance, 1817. Phillips-Law of Insurance. Smith's Mercantile Law. Stevens on Average, 1835. Vattel-Droit des Gens. Wheaton-International Law. Woolsey's International Law. ADDENDA. The Elin, referred to at p. 148, is now reported in 8 P. D. 39. It has since been affirmed by the Court of Appeal, W. N., May, 1883, p. 86. The Fairport (8 P. D. 48) is the most recent decision on the priority of liens for disbursements by shipmasters. See p. 149. Burdick v. Sewell (10 Q. B. D. 363) shows that mere indorsement of a bill of lading, and delivery to an indorsee to secure advances, will not make him liable for the freight. See pp. 75, 124, 125. DIGEST OF THE Law of Shipping and Marine Insurance. BOOK I. THE LAW OF SHIPPING. CHAPTER I. SHIPS. § 1. who can own. IN English law all ships are classified under one of two British ships, heads, viz. either as British ships or as foreign ships. A ship to be a British ship must belong (a) either to (1.) A natural-born British subject; (2.) A person made a denizen by letters of denization, or naturalized under an Act of Parliament; pro- (3.) A body corporate, having its head office in the A natural-born British subject, if he has taken the oath of allegiance to a foreign sovereign or state, cannot be an owner of a British ship; unless he afterwards take the oath of allegiance to the Queen and reside in British dominions, (a) 17 & 18 Vict. c. 104, s. 18 N. B Privileges of a British ship. Unauthorized use of flag. or be a member of a firm or factory carrying on business within them. A British incorporated company can own British ships, though some of its shareholders are aliens (b). British ships have alone the right to assume the national flag and character, and to demand the protection it affords (c). The right to assume the national flag and to the protection incident thereto are at the present day the only privileges belonging to a British ship. Formerly British ships had the exclusive right of importing goods into the United Kingdom and the colonies, and of carrying on the coasting trade (d). If the British flag be used on any ship owned, or even partly owned, by a person not entitled to own British ships, that ship will become forfeited to her Majesty, unless the flag be so used merely to avoid capture by an enemy. The ship may be brought for adjudication before any court in British dominions having Admiralty jurisdiction (e). If the owner or master of a British ship conceals its British character by carrying false papers, or assumes a foreign character, the ship will become forfeited in the same manner (f), and the property therein will immediately become vested in the Crown (ƒ). If any improper colours are hoisted on board a British ship, the master, or owner if on board, and all assisting in hoisting such colours, will become liable to a penalty not exceeding 5007. (g). CASES. 1. One of the owners of a ship, a British subject, in 1874 falsely represented that she had been sold to foreigners, and sailed her (b) Reg. v. Arnaud, 9 Q. B. 806. (d) Smith's Merc. Law, p. 172. (f) Ib.; Robert v. Witherhead, 12 Mod. 92; Wilkins v. Despard, 5 T. R. 112; The Annandale, 2 P. D. 218; The Sceptre, 35 L. T. 429; see "Cases" at end of this §. (g) 17 & 18 Vict. c. 104, s. 105. under the Belgian flag, intending to conceal the British character of the ship. The ship was, in 1876, purchased by a foreigner bonâ fide, and for valuable consideration, without any knowledge of the concealment. In a cause of forfeiture instituted against the ship by a British officer of customs, it was held that the purchaser had no claim to the ship, the property therein having vested in the Crown immediately on the false representation having been made (h). 2. The owner of a British ship represented to the collector of customs that his ship had been sold to foreigners, and so procured the closing of the registry. He then sailed her under a foreign certificate of registry, and under a foreign flag, continuing all the time to own her and receive her earnings. The owner intended by his acts to conceal her British character, and to prevent her being seized as unseaworthy. The ship was declared forfeited (i). § 2. A British ship, to have the privileges mentioned above, Registration must be registered (k); unless it be either (1.) A coasting or river vessel not exceeding fifteen tons; (2.) A coasting or fishing vessel, employed on the coast of Newfoundland or in the Gulf of St. Lawrence, and not exceeding thirty tons. No ship is absolutely required to be registered, registration being only necessary to acquire the character and privileges of a British ship (). However, no customhouse officer may grant a transire or clearance for a ship till the master declares her nationality (7). If the vessel try to sail without such transire, she may be detained. The persons to register British ships are the principal custom officers; or if, in the case of a British possession, there be no custom officer, the governor or administrator (m). (h) The Annandale, 2 P. D. 218 (C. A.). (i) The Sceptre, 35 L. T. 429. (*) 17 & 18 Vict. c. 104, s. 19; see 31 & 32 Vict. c. 45 (Sea Fisheries Act), as to registering fishing boats; and 17 & 18 Vict. c. 104, 88. 20-24, and s. 27; and 39 & 40 Vict. c. 80, s. 23, as to rules for (1) 17 & 18 Vict. c. 104, ss. 19, (m) Ib. ss. 30, 31; 21 & 22 Vict. c. 106; City of Dublin Steam Packet Co. v. Thompson, L. R., 1 C. P. 355. of British ships. |