was not whether they were British ships within the meaning of the Merchant Shipping Acts. He referred also to _Leary_ v. _Lloyd_, 3 E. & E. 178; _R._ v. _Clark_, 5 V. L. R (L.) 440; 17 and 18 Vict., c. 104, sects. 106, 547. W. H. WILLIAMS for the appellant.—Our local Parliament has put its own meaning on the words “British ship” in sect. 98. The Marine Act 1890 says nothing about recognition or non-recognition, according to whether a ship is registered or not. A British ship means a ship owned by British people. Registration has nothing to do with the British character of the ship. The case in 10 Q. B. D., and Lord Esher’s observations there, are exactly in point here. In addition, it does not lie in the mouth of the defendants to now take advantage of their own wrong. They have continued to sail in and out of port for years, and in their answers to interrogatories they admit that their ship was a British ship, and that they were the registered owners. To allow the defendants to raise this point now would be against public policy. The alteration to the _Alert_ had, according to the Act, to be made under the supervision of the Marine Board. Yearly certificates have been granted by that Board to her for the last sixteen years, and during that time she has been continuously travelling under the British flag. Her owners thus are estopped from saying she is not a British ship. In addition, the alteration effected was not a very material one; it did not alter her identity. MR. SCHUTT argued in support of the view that the vessel was not registered as a British Ship. MR. JUSTICE HOLROYD: Suppose, on the consideration of this statute of ours, your view is correct, can you possibly take advantage of it? You, as owners, have for years enjoyed all the privileges possessed by the owners of a duly registered British ship, and you have availed yourselves of them over and over again. You have sailed from port to port, and obtained your clearance papers in that character. Can you now turn round and say that the vessel was not duly registered? MR. SCHUTT: It seems to me that you are assuming that there was evidence that we did enjoy those privileges, whereas there is not the slightest evidence that we ever did fly the British flag. MR. JUSTICE HOLROYD: You got your clearance papers from port to port. MR. SCHUTT: There is no evidence that we did get them. MR. JUSTICE HOLROYD: How did she get out? MR. SCHUTT: There is nothing to show that we went out. MR. JUSTICE WILLIAMS observed that if a new trial were allowed, the evidence would doubtless be forthcoming. MR. SCHUTT submitted that, as against Ponting, the defendants were perfectly entitled to raise the defence. MR. JUSTICE HOLROYD: Why? Because he nearly lost his life? MR. SCHUTT: No; because no representation was made to him that the vessel was a British ship.