A Manual of the Law Relating to Shipping and Admiralty: As Determined by the Courts of England and of the United States

Front Cover
S. Whitney, 1879 - Admiralty - 553 pages
 

Contents

Where to be registered 13 Oath and forfeiture for false swearing
10
Bond on registry
11
Forfeiture for fraudulent registry
15
New registry on sale or alteration
16
Temporary register to be given
17
Effect of registry
18
Registry as evidence
19
Distinction between registry and enrollment
20
Whaling vessels
21
Enrollment of vessels
22
Rights under enrollment
23
Enrollment of what evidence
24
License for coasting trade
25
Coasting trade defined
26
Forfeiture for proceeding on foreign voyage
27
Forfeiture for illegal traffic CHAPTER III
28
Who may
29
Ownership how shown
30
Owners as tenants in common
31
Managing owner
35
Ships husband
36
CHAPTER IV
37
CHAPTER V
48
Lien how divested
67
Liens on domestic vessels
68
Application of statute liens
69
Divestment of State liens
70
Builders lien
71
Lien for wharfage
72
Defined CHAPTER VI
73
Restriction on authority of master
79
To whom bond may be given
80
Construction of contract
81
As partners
82
Validity of bonds
83
Necessity to be shown
85
Burden of proof 107 When void
86
What bound 109 Extent of obligation
87
When
88
Priority
89
Waiver of lien
90
Respondentia
91
conononos vii
92
CHAPTER VIII
123
Offenses of seamen 193 Endeavor to make revolt 194 Revolt or mutiny of crew 195 Effect of imprisonment for offenses
124
Shipping articles
127
Description of voyage 146 Effect of deviation 147 Port of discharge
128
Time and duration of voyage
130
Construction of contracts 150 Effect of special stipulations
132
Contracts when invalid
133
Right of selfdefense
135
Right to care and cure when sick
136
Rights of disabled seamen
137
Right to damages
138
Rights duties and liabilities of mate
139
Whaling and fishing voyages
140
Remedies of seamen shipping on shares
141
Wages of seamen
142
Freight as the mother of wages
143
Wages on voyage broken
144
Wages on discharge in foreign port
145
Discharge by sale of vessel abroad
146
Wages on wrongful discharge 166 Wages in case of death
148
Wages in case of wreck
149
Wages in nature of salvage
150
Wages in case of capture
151
Extra wages for short allowance of provisions
170
Personal action for wages
171
Lien for wages
172
Lien in whose favor attaches
173
Lien when does not attach
174
Priority of lien
175
Waiver and divestment of lien
176
Suit for wages
177
Deductions from wages
178
Deductions not allowed
179
Duties and obligations of seamen
180
Forfeiture for disobedience and negligence
181
Desertion what constitutes
182
Entry in logbook as evidence
183
When seamen entitled to leave service
184
Forced abandonment of service
185
Liability for loss
188
Right of stoppage in transit
210
What defeats right of stoppage
211
CHAPTER XL
212
CHAPTER XII
263
Freight pro rata
280
Liability for freight
281
Freight when not earned
282
Voluntary stranding
285
Damage or loss of cargo
286
Loss by jettison
287
Expenses of saving ship and cargo
288
Contributory interests 299 What property contributes
292
Contributory values
293
Adjustment
295
Enforcement of claim
296
CHAPTER XIV
298
Salvage services 310 Instances
309
What not a salvage service
311
Duty of salvors
312
Rival salvors
313
The peril 315 Success of effort a requisite 316 Salvage in case of recapture
314
Compensation general principles
316
Ingredients of salvage services
318
Measure of reward
319
Rate of allowance
320
Rate in cases of derelict
322
Derelict what constitutes
323
Who to share in award
325
Owners entitled to share
327
What property to contribute
329
Forfeiture for misconduct
330
Lien for salvage
332
Contract for services
333
Contract as a
335
Recovery
336
DESTY S A
337
CHAPTER XV
339
Negligence
340
Instances
347
Measure of liability
349
CHAPTER XVI
350
Half pilotage
355
CHAPTER XVIL WHARFAGE 350 Generally 351 Rights duties and obligations 352 Compensation
356
CHAPTER XVIII
359
Penalty for carrying contraband
425
Blockade
426
Apportionment of damages
427
Lien for damages
428
Violation of blockade
429
Costs
430
CHAPTER XIX
431
Rights of belligerents
433
Visitation and search
434
Detention
435
Private armed vessels
436
Rights of neutrals
437
Liabilities of neutrals
438
Hostile character imparted by domicile
440
Hostile property
442
Enemy vessels
445
Sailing under enemys license 418 What is lawful prize
447
What is not lawful prize 420 Causes of capture and condemnation 421 Illegal traffic
452
Condemnation for trading with the enemy 423 What is contraband
456
Joint capture
480
Conjunctive capture
481
Distribution of prizemoney
483
Prize agents 443 Salvage in lieu of prize
484
Ransom
485
Assignment of prize property 446 Restitution
486
Carrying enemys dispatches
503
Lights for vessels at anchor 366 Vessels at anchor 367 Lookouts 368 Rules of navigation
505
Remedies in case of desertion
518
Authority of master 71 Liens grounded on necessity 72 Presumption of necessity
522
Attach only on foreign vessels 74 When do not attach 75 Lien of materialmen 76 Of materialmen when do not attach
523
Advertising sailing
531
Lien for repairs 78 Validity of lien for supplies 79 Lien for services
533
Damages on restitution 448 Probable cause
536
Recovery back of freight
538
Forfeiture for embezzlement
543
Lien for advances 81 Lien when attaches 82 Priority of liens
547
Forfeiture for incapacity 189 Forfeiture for misconduct
552
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Page 386 - When two steam vessels are crossing, so as to involve risk of collision, the vessel which has the other on her own starboard side shall keep out of the way of the other. ART. 20. When a steam vessel and a sailing vessel are proceeding in such directions as to involve risk of collision, the steam vessel shall keep out of the way of the sailing vessel.
Page 382 - Art. 13. If two ships under steam are meeting end on, or nearly end on, so as to involve risk of collision, the helms of both shall be put to port, so that each may pass on the port side of the other.
Page 374 - All vessels, whether steam vessels or sail vessels, when at anchor in roadsteads or fairways, shall, between sunset and sunrise, exhibit where it can best be seen, but at a height not exceeding twenty feet above the hull, a white light in a globular lantern of eight inches in diameter, and so constructed as to show a clear, uniform, and unbroken light, visible all around the horizon, and at a distance of at least one mile.
Page 370 - ... from right ahead to two points abaft the beam on the port side, and of such a character as to be visible at a distance of at least two miles.
Page 9 - Vessels built within the United States, and belonging wholly to citizens thereof, and vessels which may be captured in war by citizens of the United States, and lawfully condemned as prize, or which may be adjudged to be forfeited for a breach of the laws of the United States, being wholly owned by citizens, and no others, may be registered as directed in this Title.
Page 42 - I think it is quite immaterial how many belonged to it within the knowledge of the seller, unless he used some artifice to disguise them, and to prevent their being discovered by the purchaser. The very object of introducing such a stipulation, is to put the purchaser on his guard, and to throw upon him the burthen of examining all faults, both secret and apparent.
Page 2 - The word used in the constitution, then, comprehends, and has been always understood to comprehend, navigation within its meaning; and a power to regulate navigation, is as expressly granted, as if that term had been added to the word "commerce.
Page 228 - Where the contract is to carry by water from port to port, an actual delivery of the goods into the possession of the owner or consignee, or at his warehouse, is not required in order to discharge the carrier from his liability. He may deliver them on the wharf; but to constitute a valid delivery there the master should give due and reasonable notice to the consignee, so as to afford him a fair opportunity to remove the goods or put them under proper care and custody.
Page 286 - Damage done to a ship and cargo, or either of them, by or in consequence of a sacrifice made for the common safety, and by water which goes down a ship's hatches opened or other opening made for the purpose of making a jettison for the common safety, shall be made good as General Average.
Page 284 - ... to the sea. The captain finding no possible means of saving the vessel and cargo, and preserving the lives of the crew, slipped her cables, and ran her on shore for the safety of the crew and preservation of the vessel and cargo. The...

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