tion of a house; (aedificium solo cedit.) The investigation however promises no practical utility.

According to the Consolato del Mare, (e) ships could not be sold within a year after their completion.

In many of the northern kingdoms, to transfer a new built vessel was not allowed before she had performed certain voyages; or before a specified time had elapsed-For instance: by a Hamburg ordinance of 1610, no vessel could be sold to a foreigner within ten years after its completion. (f)

It is conceded, that new built vessels yield the surest and largest profits; because every one is anxious to secure a freight in such, and the insurance is low; but private interest is sufficiently vigilant, without the provident care and protection of the law in this behalf.

In England, France and America generally, no ship obtains a right of nationality, that is not built in the country, or captured from an enemy-In the first of these countries, the keel of a foreign wreck must be new laid, if after the rebuilding she is to be incorporated in the national trade. In France, by special permits, privateers may be built in a foreign country, and yet obtain French commissions.

If a country is yet unadvanced in the art of ship-building, or is deficient in timber, restraints upon the facility of purchase should not be encouraged, as is the case in Denmark, where a duty is laid on the purchase of foreign vessels.

Ships built in Sweden, or whose repairs, after a Swedish purchase, have amounted to the value of the vessel, are exempted from duty by way of preference over other vessels under the Swedish flag; (g) herein, also in America and England, an essential difference prevails between national vessels and others under the flag of the nation, that do not possess all its privileges.

(e) Chap. 47.

(f) Langenbeck, page 8. (g) Hagemeister's Swedischen Seerecht, pag. 231, &c.

CHAPTER II.

OF THE REAL AND FICTITIOUS ACQUISITION OF OWNERSHIP; AND OF THE DOCUMENTS, PARTICULARLY IN RELATION TO SOLE OWNERSHIP.

Books of General Reference.

JACOBSEN, Handbuch des practishen See-rechtes der ENGLANDER and FRANZOSEN.-Hamburg, 1803.

ROBINSON'S Reports of Cases argued and determined in the High Court of Admiralty.—London.

Codes des Prises et de Commerce de terre et de mer, par DUFRICHE FOULAINES.-Paris, 1804.

As the subject of this Chapter, is principally important in its relation to the prizelaws, the principles to which it has reference, may be more circumstantially consulted in the above works.

IN Denmark, and among other northern powers, when vessels are built, either for account of the shipbuilder himself, or when they are to be employed by others for whose account the shipbuilder has completed them, the right of property is documented in the Bielbrief.

Property in vessels independent of building them, is moreover acquired, by purchase from such persons, as are legally qualified to sell. The bill of sale, necessarily contains the names of the vender and vendee.

If the purchase or sale is made by agents, it is advisable, particularly in the latter case, that the letters of procuration should

be attached to the bill of sale; or referred to by the authority that authenticates such bill of sale. (g)

The burthen and name of the vessel. The name, in Denmark can only be changed, when a vessel becomes nationalized. So in England, and in most other countries.

It is important that the sale should be accompanied with an inventory-generally, before the sale, the vendee is furnished with a specification of the inventory; so that it becomes the criterion between the parties, in the event of disagreement. Where a ship is sold, cum inventario, without such specification, all things on board, properly the subject of an inventory, are included. It is, however, an artifice of designing owners, when they sell to inexperienced purchasers, to lessen the inventory, to exchange good sails for bad, &c. before the conclusion of the contract; therefore the exhibition of an inventory, setting out the quality of the articles, as new sails, half new, &c. is a necessary precaution; and in Prussia is required by law. (h)

The old question, whether or not the boat is to be included in the inventory, (1) which the Roman law denied, may at this day be considered as affirmed, since it may no longer be denied. (i) If, therefore, a boat be attached to the vessel, at the time

(g) French reglement of 1778, art 7. Robinson, I-158. Jacobsen's Handbuch 1st part, page 303

(h) Landrecht, page 1399.

(i) Landrecht, page 1398.

(1) To this question, as put by Zouch, vide Elementa Jurisp. pars I, § 8. Paulus answers, that it is not included; because, as he says, the boat is not a part of the tackle of a ship; for it differs from it only in the smallness of its size, and is not generically different; but the tackle is necessarily a different kind of thing. So Stracche, pars 2. num. 12. Roccus, not. 20. Molloy, m. and n. book 2. ch. 1. § 8. deny, that the ship's boat is conveyed, when the ship is sold with the tackle, apparel, furniture, and other instruments thereto belonging. All these opinions are, however, founded upon the authority of the Roman law, in which it is said, that the boat is not a part of the ship, or its apparel.

of the purchaser's examination of her, and is subsequently taken away by the vender, the purchaser has a right to demand it, if the vender have not given prior notice that the boat is separate, and attached to another vessel.

As far as we are acquainted, the practice of stripping the ship's apparel upon capture, &c. is, in no country, sufficiently guarded against by salutary laws or regulations, but on the contrary in most cases is carried to great extent. Prizes, and other vessels detained under arrest, when they are to be sold, are generally stript naked by friend and foe, and the owners sustain no small damage.

The place where the ship lies. The English prize law prohibits the purchase of enemies' ships in transitu, or of ships that may be involved in an expected war, and are sold in contemplation of it. (k) In the Yda and Kingma, and other cases, it was otherwise decided that property might be purchased in transitu; (1) where it appeared that it had been done without any view of accommodation, to relieve the seller, from the pressure or prospect of war.

The Code de Commerce admits the purchase of vessels in transitu; still, according to the principles of prize-law, such purchase is always hazardous.

Moreover, the bill of sale contains the consideration, and the mode of payment; the receipt, and acknowledgment of delivery

It is dangerous to mention the payment of the consideration, in the bill of sale, to be by exchange, because it excites the suspicion of prize courts. (m) In the sale of small Dutch, and other small vessels, the whole consideration is often credited, and stipulated to be paid from the freight; and until the final settlement, the property is reserved in the bill of sale to the vender. This, in the limited means of small traders, is a

(k) Robinson's Reports, vol. 5, page 172.

(1) Robinson's Reports, vol. 5, page 131.

(m) Merckwürdige Entscheidungen der Londoner und Pariser Prisen-gerichte. Altona, 1802, page 158.

necessary evil. It induces such traders, to navigate for years upon the old papers, in the name of the original owners; (particularly if they are foreigners whose flag is preferable ;) and if they thus fall into the hands of an Admiralty judge, who is either ignorant, or regardless of maritime customs, property otherwise unsuspicious, is thereby totally sacrificed.

Further, the bill of sale contains a clause of warranty.

This properly extends only to a warranty from bottomry, average and other claims for which the vessel itself is bound. The Code de Commerce, with regard to the lien upon the ship itself, determines that it is bound for all claims, which the law terms privileged; among which, in addition to the former, wages, insurance-premiums, indemnity for costs incurred by the shippers, and claims of the like nature are included. There is

no doubt, that when ships, in the hands of a purchaser, have satisfied all liens of this nature, the purchaser is released of all further claims against himself, or the vessel. (n)

Then follows in the bill of sale, the acknowledgment of the delivery of the vessel with all her appurtenances, to the satisfaction of the vendee.

From the principles heretofore stated, the actual delivery of the vessel, to obviate controversy in the event of injury from fire, or other causes, is a measure of the first importance to the vender; as it must be to the vendee, to relieve his purchase from any future debts, and claims against the vender. If, however, no actual delivery can take place, the sealing and delivery of the bill of sale, on the part of the vender, is to be considered the symbol of it. This subject has frequently been so decided in England, in cases not within the prize law. (0)

Generally the bill of sale is not a private instrument, since duplicates are often necessary; and, as third persons may require reference to it, it is made of publick notoriety.

(n) Art. 190-194. incl. et. 196.

Yet the

(0) Abbott, page 10.