“Assumpsit upon a policy of insurance upon merchandise on board of the ship Volant, from her port of lading in France, to her port of discharge in the United States. The policy was in the usual form, and the subscription of the defendant was for 1000 dollars. The declaration contained two counts, in one of which the plaintiffs aver a loss by capture, and in the other ask for a return of the premium. The facts were these.

Indictment for making a false declaration as to the employ­ment of a vessel in the cod fisheries, contrary to the act of Congress of the 29th of July, 1813, ch. 34, §§ 7 and 9.