SHIPS, according to the law of this country, are personal Ships are per property, and pass, on the death of the owner, to his personal representatives, and on the marriage of a female owner, to her husband. The common law relating to personal property is in general applicable to them; but, as in almost every maritime country, there is also in this, a comprehensive collection of statutory enactments and customary law exclusively relating thereto, which may be called the maritime law of Great Britain and Ireland. sonal property. Ships, or shares therein, may be acquired by building, or by How ACQUIRED. purchasing when built, or by capturing as lawful prize of war. We proceed to consider Acquisition by these three modes in their order; and in the first place acquisition by construction. It is most desirable that the builder's contract be so expressed By Construction. that a stranger shall at once perceive in it the work to be done, -Contract for. How far controlled by statute. Vesting of property. Rules of Law. and the rights and liabilities on either side, as they were conceived and intended by the parties themselves. For this end, there is a moderation which avoids the extremes of jejune irregularity and defective minuteness, by drafting in such main particulars of the design, as naturally draw after them whatever else is accessory to a suitable perfection; and there is a prudence which provides against the possible exigencies of trade and fortune, by protecting the rights and ascertaining the liabilities of either party, as these accrue during the progress of the work. It is important to state plainly the time of the property vesting, the price, together with the conditions and times of payment, and the time and stage at which delivery is to be made; and to specify the lineal measurements of the vessel, her burthen, material, mould, classification at Lloyd's, and her rig and finish. The build of merchant-ships, except in respect of the internal accommodation for passengers in passenger-ships,' and the safe construction of iron steamers,' is entirely left to the effect of conflicting interests, and to the operation of the rules and surveillance for classification of the vessel at Lloyd's. Under a contract for the construction of a ship, it is often difficult, but always of great importance, to determine at what time the property in the chattel vests in the purchaser. 3 In respect of an existing specific chattel the rule of law is, that the property therein passes immediately under a contract of sale to the vendee without delivery." But under a contract for the making of a chattel, although the price be payable in the course of the work by instalments at fixed stages of its progress, primá facie no property passes to him who gives the order, until the chattel is finished and delivered, or at least, is ready for delivery and approved of by him.' 1 18 & 19 Vict. c. 119, § 20-26. 2 17 & 18 Vict. c. 104, § 300, 301. Langfort v. Tiler, 1 Salk. 113; per Williams, J., Clarke v. Spence, 4 A. & E. 448, 469; per Parke, J., Dixon v. Yates, 5 B. & Ad. 313, 340; per Lord Campbell, C. J., Wood v. Bell, 25 L. J. (Q. B.) 148, 153; 5 E. & B. 772, S. C. 5 Per Lord Campbell, C. J., Wood v. Bell, supra, per Williams, J., Clarke v. Spence, 4 A. & E. 448, 466. The builder of a barge had all but finished it in accordance with the contract; he had received advances to the full amount of the price, and he had even painted the purchaser's name on the stern; but, without more, he committed an act of bankruptcy, and the property in the barge passed to his assignees.' Under particulars of a ship, already one-third built, and to be finished for 17501., several persons contracted for shares of her in certain stated proportions of that sum; but no value was put upon the chattel as it then existed or might afterwards exist at any intermediate stage; and upon the bankruptcy of the builder in the course of the work, the property passed to his assignees. Consequently, such a purchaser, having no property in the chattel, conveys none by his contract of sale with another in the meantime." intention of the parties. Under contracts of this nature, delivery even may be prefaced Modified by the by such circumstances and acts on the part of the builder as render that act nugatory for any purpose of passing the property. Dawson, being under contract to build a ship, finished and sent her out on freight to the purchaser in Africa, who afterwards despatched her to this country with a return cargo, and became bankrupt; but Dawson, previously to sending her out, had registered the vessel in his own name, and had not executed any bill of sale to the purchaser, whose assignees were therefore defeated in their claim to the ship.* The rule of law thereby appears to be, that the vesting of the property in the purchaser, under an executory contract, depends on the mutual intention of the parties, evinced sometimes by their subsequent conduct when not contradicted by their prior stipulations.' Thus, where sugar was barrelled up out of bulk, and set apart in the warehouse, and this was |