NAVIGATION, LAWS AS TO. By the law of nature and of nations, the navigation of the open sea is free to all the world. The open sea means all the main seas and oceans beyond 3 m. from land. The sea within 3 m. from land is called the territorial sea, and each state has a kind of property in such sea, and has a right to regulate the use thereof. Hence, it was natural that in early times, before the laws of commerce were properly understood, each state should endeavor to exclude foreigners from that per of the sea so as to secure to its own subjects the benefits of the carriage of goods in ships. which has always been an increasing source of wealth. In England, however, as iu most countries, the first care seems to have been bestowed on the navy, as the great means of defending the realm against enemies, and trading-ships came to be first subject to statutory regulation only as being in some way ancillary to the interests of the navy. The laws of Oleron were the first code of maritime laws which obtained notice as well as general acceptance in Europe, in the time of Edward I., and the authorship of those laws is claimed by Seidel) and Blackstone for Edward I., though the point is disputed by the French writers. By a statute of Richard II. in order to augment the navy of England, it was ordained that none of the lieges should ship any merchandise out of the realm except in native ships, though the statute was soon varied and seldom followed.. At length, in 1650, an act was passed with a view to stop the gainful trade of the Dutch. It prohibited all ships of foreign nations from trading with any English plantation with out a license from the council of state. In 1651 the prohibition was extended to the mother-country, and no goods were suffered to be imported into England or any of its dependencies in any other than English bottoms, or in the ships of that European nation of which the merchandise was the fl.enuine growth or manufacture. At the restoration, these enactments were repeated and continued by the navigation act (12 Chas. II. c. 18). with the further addition, that the master and three-fourths of the mariners. should also be British subjects. The object of this act was to encourage British shipping, and was long believed to be wise and salutary. Adam Smith, however, had the sagacity to see that the act was not favorable to foreign commerce or to opulence, and it was only on the ground that defense was more important than opulence, that he said it was "per. Laps the wisest of all the commercial regulations of England." In 1826 the statute 4 Geo. IV. c. 41 repealed the navigation act, and established a new system of regulations, which were further varied by subsequent statutes, till, under the influence of the free trade doctrines, new statutes were passed, which reversed the ancient policy. By the law, as now altered, foreign vessels are allowed free commercial intercourse and equality with the ships of this country and its dependencies, except as regards the coasting trade of the British possessions in Asia, Africa, and America, for the coasting trade of the United Kingdom is now entirely thrown open to all comers. The advantages of equality and free trade are, however, so far qualified, that in the case of the ships of those' nations which do not concede to British ships like privileges, prohibitions and restric tions may be imposed by order in council. • As regards those laws of navigation which affect the property and management of ships, a complete code of regulations is contained in the merchant shipping acts, which are 17 and 18 Vict. c. 104, 18 and 19 Vict. c. 91, 25 and 26 Vict. c. 63, 34 and 35 Vict, c. 110,'36 and 37 Vict. c. 85. 1. As to ownership, registration, and transfer of merchant ships. No ship is deemed a British ship unless she belong wholly to natural born sub-' *is. denizens, naturalized persons, or bodies corporate, having a place of business in the United Kingdom or some British possession. Every British ship, with a few excep
tions as to old ships and small vessels. must be registered, otherwise, it is not entitled to the protection of the British flag. The commissioners of customs indicate at what port in the United Kingdom ships may be registered by their officers. and when registered. the ship is held to belong to that port. The name of the ship and its owners must be stated; and as regards joint-ownersliip, a ship is capable only of being subdivided into 64 shares, and not more than 32 owners shall own one ship. These regiStered owners are deemed the legal owners, and so long as the register is unchanged the ship is held still to belong to them. The only way of transferring the property is by bill of sale under seal; or if a mortgage is made, it must be made in a particular form, and duly registered, and the priority of title as between several mortgages is regulated by the date of the entry in the register. 2. As regards the laws concerning merchant seamen, there is established in every such seaport a superintendent, whose business it is to afford facilities for engaging seamen, by keeping registers of seamen and superintending the making and discharging of contracts. No person is allowed to be employed in a foreign.. going ship as master, or as first, or second, or only ;nate, or in a home-trade passenger ship as master, or first or only mate, sinless he has a certificate of competency or a certificate of service, issued by the board of trade only to those who are deemed thereto. The master of every ship above SO tons burden shall enter into an agreeraent, of a certain form, with every seamen lie carries from the United Kingdom, awl in which the of the seamen, wages, provisions. capacity of service, etc., are set forth. The seamen are not to lose their wages though no freight is earned, or the ship lost. The men are also to have a berth of a certain size, and the ship to be supplied with medicines. log-book, etc. In order to secure general information, every master of a foreign-going ship is bound, within 48 hours after arriving at the final port of destination in the United Kingdom, to report his ship. Unseaworthy or over-loaded ships may be surveyed by the board of trade, and detained, 3. As regards the liability of ship-owners for loss or damage, it is provided by statute, that no owner of a sea-going ship shall be liable to make good any loss or damage occurring without his actual fault or privity, to goods or things on board, by reason of tire on board the ship; or to any gold, silver, diamonds, watches, jewels, or precious stones on board, by reason of robbery or embezzlement, unless the true nature and value of such articles have been inserted in the bill of lading. And In cases where loss to goods occurs without his actual fault or privity, the owner shall not be liable in damages to an aggregate amount exceeding £8 per ton of the ship's tonnage. In case of loss of life or personal injury caused by mismanagement of the ship, but without the actual fault or privity of the owners, they shall not be liable beyond £15 per ton. In case of accidents, whereby a large number of persons have been killed or injured, and to prevent a multiplicity of actions, the sheriff of the county is to impanel a jury, and inquire into the question of liability. If the owners are found liable, then £30 is to be assessed as the damages for each case of death or personal injury. hi ease of death, such sum is to be paid to the husband, wife, parent, or child of the deceased. If any person consider this is not sufficient damages, then, on returning such sum, he may commence an action; but unless he recover double that sum, he must pay costs. See also PILOTS and LIGIIT-IIOUSES.