The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-01-10
DOMESTIC
NoaFoAs,, December %.
LAW INTELLIGENCE.
District Court Of she United States at NorfoR,
December, 1908.

HlNtU Nv ~ OcItnttttntS Tor he CnlrilInpntO l the
schooner Caroline.
The declaration set out the bond and the con.
'et,ons, among which was the following: Z" and
" 1t the said schooner Caroline shall not proceed
on a voyage to any foreign port or place with.
out bcing duty licensed, according 70 law, 70,
carrying on the cod Or whale fishery, and with.
:" out obtaining Il permit to touch and trade at q
foreign port or place during such voyage, o,
without previously surrendering the sail Ger.
" tGca.c :. c::.an.S..t ~ tic lu,;1,, col u; IN,
" district from which such foreign voyage shall
" be proposedto be made, them" SC. This con-
dition, 1T was averred, had been broken in this
that the SAID schooner Caroline on the
(" day OF 1903, proceeded on / fore; gu
voyage, to wit on a voyage to Antirua, which
was aforeign place, without being duly licen.
sed, according to law, for carrying on n,o cod
" or whale fishery, and without Obtaining a per.
nit to touch and trade at a foreign port OF
place during such voyage, and without previ.
ously surrendering the said certificate of en-.
" rollment to the collector of the district from
which such foreign voyage was proposed to be
made, viz. to the collector of the port of Nor
folk and Portsmouth; - by reason whereof
the SAID bond was forfeited s. its penalty deman.
dable.
To this declaration there was a general demur.
rer, ~ which the United States, having joined
lie cause came on to be argued by Kay, district
attorhey, for the plaintiffs, and by Taylor and
IG8eueH for the defendants.
For the defensonts it was comtended-that the
condition above stated for a breach of which a.
lone, TINS acton was f,ouglIt, was, L. a conditi.
on not authorized by tie statute, 9. a condition
con'rcD tothc express provisions oftllc law which
permitted and required the bond, S. a condition
hostile 10 the genius and spirit ofal our avs up
on the subject OF navigation and Ant.
n so, thatth Condition was void, and no action
could be maintained Tor a breach of it.
In support of those propositions il was said,
a J. 'IEat the tslly Nv which r,ermi,t,I N ~ ro<,,t,
RED any bond to be givenfor the enrolment of a
vessel, was the act of congress passed on the
18TH of February, I79S, entitled can act for en-.
" rolling and licensing ships or vessels to he
" employed IN the coasting trade and fisheries,
and for regulating the same"-2 vol. laws u.
;. loo. That this statute containO in'itseli, no
direction rs TO the for1nor contents ola bond TO be
gwen Tor the enrolment of 4 vessel, and indeed
cantaiHed no direct declaration that any bond
should be given at alI-Thc second ~sectioi Of that
Jaw declares, that in order for the enrolment
OF any ship or vessel she shall possess the same
" qualifications, saa The Sa5sr 5e5Hi5iaS IN at
" respects shall be complied with. as are made
necessary for registering ships or vessels, by
" the act entitled IAN Act concerning the re.
: gistermg and recording of ships or vessels"
and the same duties and authorities are here
y by given and imposed on all officers respective
= iy, inre'ation 90 such cnroNmcnts, and the same
" proceedings shall be had in similar cases touch
" ing such e~nroilmcnts!"
THIS law having directed the same requisites
IN all respects to be complied with, and the same
proceedings to be had in the case of an enroll
ment, as has been required in the case of regis
ter by the act therein referred 10, although the
act concernIngt the enrolling Of vessel, contained
IN itseV, no specific direction recurring a bond
to be taken, or prescribing the form ofsuch bond,
yet as the act concerning the registering of vcs-
sells DID make the execution of a bond a reoui-
slteto be complied with and proceeding TO be had
as In the case OF 4 register Il similar requisite &
proceeding was eXacted in the case OF an enroll
mcnt. EXpunge this statute from our code and
no bona can he required OF an enrolled vessel
admit this statute and the only Iord which il &c
qnircs is a similar bond To that required in the
case Of 4 register.
The "act concerning the registering and re.
" cordirg Ships or vesseis,' which is referred to
rs above, in It's seventh section declares by whom
TO whom, in what penalty, and with what condi-
lion q bond for obtaining a register shall be exc
cG,ed. See 2d vol. Laws u. s. 137%-Conpare
fms boni with that section, and you will discover
their precise concordance, until you come to the
condition. which is the foundation of the present
action, and whichis no where to he found in the
iaw-Nay, it would be strange indeed, if we ex-
rected to find any such condition in Il bond ofre-
gistry, remembering as We must do, that the sole
in1ucement for taking a~registcr, isto qualify the
vessel which receives it, to proceed on q foreign
voyage. This condition, therefore, is not autho-
rizedby kzw.
Q. BY the 9Th section of The Act OF Congress,
concerning the enrolling vessels, it is provided,
I" that if any ship or vessel enrolled or licensed
" as aforesaid, shall proceed on a foreign voy-
" aSe without, first, giving up her enrolment &
4" license 90 the collector OF the district, COM
" pretending the port from which she is about
" to proceed ON such foreign voyage, K
E" being duly registered by such collector, every
!" such ship or vessel, together with her tackle,
" apparel and furniture, and the goods, wares &
" merchandise so imported therein, shall be liza
4" BILE TO seizure and orfeitnle.'-Se I'd vol. acts
u. S. p. Ia. BY this bond, a penalty Of twelve
hundred dollars, is imposed by the collector for
portthis action then, it must be commended, either
that the collector, by his penalty, has repealed
That inrOsed by the law, or that the offending
individual is subject to two penalties fr the
SAME act, one imposed by the collector, the other
by the law. But as both these propositions would
bestow high legislative authority on a hum
bic ministerial officer ofthe executive, IL belle
-.
With condition, in each case, that the certi-
fcate of such registry, shall be solely used Tor
th" ship, or vessel, for wlricb it is granted, and
shall no be sold, lent, or otherwise disposed OF,
10 airy person 'rpersOns whOmsoeycr apdtlat,
IN case such SHIP or vessel shall be lost, or taken
by an enemy. burnt, or broken up, or shall be o.
therwise prevented from returning TO the port TO
which she may belong, the said certificate. Tpre-
served, shall be delivered up, within eight days
after the arrival of the master. or persons. hav;nr