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
20 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
As partners
32
Managing owner
35
Ships husband
36
CHAPTER IV
37
Registration of mortgage
65
Rights and liabilities of mortgagee
66
Liability as governed by possession
67
CHAPTER V
68
When they exist LIENS
69
70 Authority of master
70
Liens grounded on necessity
71
Presumption of necessity
72
Attach only on foreign vessels
73
When do not attach
74
Lien of materialmen
75
Of materialmen when do not attach
76
Lien for repairs
77
Validity of lien for supplies
78
Lien for services
79
Lien for advances
80
Lien when attaches
81
Priority of liens
82
83 Priority for materials and supplies
83
Diligence required in enforcement
84
Waiver of lien
85
Lien how divested
87
Liens on domestic vessels
88
Application of statute liens
89
89 Divestment of State liens
90
90 Builders lien
91
91 Lien for wharfage
92
CHAPTER VI
93
Marine interest
94
Authority of owners
95
Authority of master
97
Necessity the test of masters authority
98
Restriction on authority of master
99
To whom bond may be given
100
Construction of contract
101
What may be tacked on 102 As a negotiable instrument 103 Bond with collateral security
102
Validity of bonds
103
Necessity to be shown
105
Burden of proof 107 When void
106
What bound 109 Extent of obligation
107
When
108
Priority
109
Waiver of lien
110
Respondentia
111
conosconos vii
112
Authority as to cargo
122
Validity of sale by master
123
Duties of master
125
Bond for safe return of seamen 126 Return of destitute seamen
126
Duty as to crew 128 Authority to enforce discipline
127
Authority to punish
129
Imprisonment of seamen
130
Disrating seamen
132
Discharge of seamen abroad
133
Rights of master generally
134
Wages
135
Lien of master
137
Liabilities in general 138 Liability on contract
138
Liability for misconduct
139
Liability for offenses against seamen
140
CHAPTER VIII
141
Crew who included
142
Power of seamen to contract
143
Shipping articles
144
Description of voyage 146 Effect of deviation 147 Port of discharge
146
Time and duration of voyage
148
Construction of contracts
149
Effect of special stipulations
150
Contracts when invalid
151
Rights of seamen
152
Right of selfdefense
153
Right to care and cure when sick
154
Rights of disabled seamen
155
Right to damages
156
Rights duties and liabilities of mate
157
Whaling and fishing voyages
158
Remedies of seamen shipping on shares
159
Wages of seamen
160
Freight as the mother of wages
161
Wages on voyage broken
162
Wages on discharge in foreign port
163
Discharge by sale of vessel abroad
164
Wages on wrongful discharge 166 Wages in case of death
166
Wages in case of wreck
167
Wages in nature of salvage
168
Wages in case of capture
169
Extra wages for short allowance of provisions
170
Personal action for wages
171
Lien for wages
173
Lien in whose favor attaches
174
Lien when does not attach 175 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 184 When seamen entitled to leave service
183
Forced abandonment of service
185
191 Discretionary power to decree forfeiture
191
Offenses of seamen
192
Endeavor to make revolt
193
Revolt or mutiny of crew
194
Effect of imprisonment for offenses
195
CHAPTER IX
196
Who may make 198 Construction and interpretation
197
199 Conclusiveness of terms 200 Terms construed
199
Stipulations
200
Seaworthiness 203 Capacity and measurement of vessel
202
Contract when a mere affreightment
203
Charterer when owner for the voyage
205
Vessel let on shares 207 Charter to Government
207
Liability for loss
208
Obligations of parties
209
How far conclusive
220
Its import as to stowage
221
Stipulations in 223 Exceptions
223
What not within exceptions
224
Exceptions loss by breakage leakage or rust
226
Title to property under
227
Indorsement and transfer of title
227
Right of stoppage in transit
228
What defeats right of stoppage
229
CHAPTER XI
230
Responsibility of owners
231
Seaworthiness
232
Duty of master as to stowage
236
Duties and obligations of shippers
237
Obligations on wreck or stranding
238
Duty of master on arrival
239
Discharge of cargo
240
Duty of consignee on arrival
241
Delivery of cargo
242
Effect of custom and usage 244 Sufficiency of delivery
243
Time of delivery
245
Demurrage
246
Demurrage when not allowed
247
Liability of carrier
248
As bailee
249
As insurer 251 When commences
250
Liability for negligence
252
For loss by bad stowage
253
For loss by leakage and breakage
254
For nondelivery
255
For delay in delivery 257 For misdelivery
256
Burden of proof in case of loss or damage
257
Liability under excepted perils
259
Limitation of liability by contract
260
Restriction of liability by notice
260
Restriction of liability by statute
261
Carriers when not liable
263
Remedy for loss or damage
264
Duties and liabilities of passenger carriers
265
Obligations of steam vessels
266
Obligation to receive passengers 268 Space allowed passengers
268
Rights of passengers 270 Liability on passenger contract
269
Liability for loss of baggage
270
Damages for injuries and wrongs to passengers
272
For negligence causing death or injury
273
CHAPTER XII
275
Freight when earned
277
In case of capture 278 Full freight when recoverable
278
Apportionment of freight
279
Freight pro rata
280
Liability for freight
281
Freight when not earned
281
On vessel chartered
285
Effect of special stipulations
286
Waiver of lien
287
Lien when not divested
288
Recoupment from freight
289
CHAPTER XIII
290
291 Sacrifice must be voluntary
291
292 Effort must be successful
292
Damage to the vessel
293
Voluntary stranding
294
Damage or loss of cargo
294
296 Loss by jettison
294
Expenses of saving ship and cargo
294
Contributory interests 299 What property contributes
298
Contributory values
299
Adjustment
301
Enforcement of claim
302
Definitions CHAPTER XIV
304
Towage as salvage
308
Salvage services
309
Instances
311
What not a salvage service 312 Duty of salvors
312
Rival salvors
313
The peril
314
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
CHAPTER XV
333
Responsibility of
337
Responsibility of owners of tug 339 Liability of tug for injury to
339
Negligence
340
Instances
341
Measure of liability
343
CHAPTER XVI
344
Duties of pilots
345
Authority of pilots 347 Liability for negligence
346
Compensation of pilots
347
Half pilotage
349
CHAPTER XVII
350
Rights duties and obligations
351
Compensation
352
CHAPTER XVIII
352
Apportionment of damages 495 Lien for damages
352
Obligations to slacken speed
359
Fog signals
360
Signal lights
361
Lights required by statute
362
Exhibiting false lights 364 Fault by omission to exhibit lights
370
Costs
430
CHAPTER XIX
431
Blockade
461
Notice of blockade
462
Attempt to violate blockade
463
Violation of blockade
466
Penalty for violation of blockade
467
Seizure and condemnation
469
Title to captured property
471
Effect of capture on prior liens
472
Rights of captors
473
Duties of captors
475
Obligations and responsibilities of captors 437 Sending to port of adjudication
477
Duty of prize officer 439 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
Lights for vessels at anchor 366 Vessels at anchor 367 Lookouts 368 Rules of navigation
505
327 Lien for salvage
516
Remedies in case of desertion
518
Advertising sailing
531
Rights of belligerents 409 Visitation and search 410 Detention 411 Private armed vessels 412 Rights of neutrals 413 Liabilities of neutrals 414 Hostile...
536
Recovery back of freight
538
328 Contract for services 329 Contract as a bar 330 Recovery
542
Forfeiture for embezzlement
543
Forfeiture for incapacity 189 Forfeiture for misconduct
552
DESTY S A
553
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Page 318 - The ingredients of a salvage service are — first, enterprise in the salvors in going out in tempestuous weather to assist a vessel in distress, risking their own lives to save their fellow-creatures...
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 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 42 - Where an article is sold with all faults, 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 318 - ... them by the possession of the property of another to embezzle that property. While the general interests of society require that the most powerful inducements should be held forth to men to save life and property about to perish at sea, they also require that those inducements should likewise be held forth to a fair and upright conduct with regard to the objects thus preserved.
Page 2 - The power to regulate commerce comprehends the control for that purpose, and to the extent necessary, of all the navigable waters of the United States which are accessible from a state other than those In which they lie. For this purpose they are the public property of the nation, and subject to all the requisite legislation by congress.
Page 316 - It is not an unlimited power, but in all cases, where by law, whether statute or common law, a subject is referred to the discretion of the court, that must be regarded as a sound discretion, to be exercised according to the circumstances of each particular case.
Page 2 - Unquestionably the power to regulate commerce includes navigation as well as traffic in its ordinary signification, and embraces ships and vessels as the instruments of intercourse and trade as well as the officers and seamen employed in their navigation...
Page 474 - ... never has been, and never should be, made answerable for any injury, when acting within the scope of his authority, and not influenced by malice, corruption, or cruelty.
Page 38 - A sale of a vessel of the United States, at sea, forfeits her national character, unless the new owner pursues all the requisites of the law to obtain a new registry within five days after her arrival in a port of the United States.

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