INDEX
Reading edition
(The references are to pages.)
Abandonment, of cargo on disaster, 75 to creditors, 114 to insurers, 123 to underwriters, 113 of seamen, 197, 252
Accounting, compellable by part owners, 30
Acts of Congress: June 26, 1884 (23 St. at L.), 70, 116 August 19, 1890 (26 St. at L. 320), 63 September 4, 1890 (26 St. at L. 425), 158 February 13, 1893 (27 St. at L. 445), 70, 72 February 18, 1895 (28 St. at L. 667), 252 December 21, 1898 (30 St. at L. 755), 196, 249 March 3, 1899 (30 St. at L. 1151), 206, 209 April 22, 1908 (35 St. at L. 65), 57 March 4, 1909 (35 St. at L. 1088, 1142), 196 April 5, 1910 (36 St. at L. 291), 57 June 24, 1910 (36 St. at L. 629), 141, 200 August 1, 1912 (37 St. at L. 242), 187 August 24, 1912 (37 St. at L. 560), 229 August 18, 1914 (38 St. at L. 698), 229, 246 March 4, 1915 (38 St. at L. 1164), 56, 245, 247-252 September 7, 1916 (39 St. at L. 729), 231, 260, 261 June 7, 1918 (40 St. at L. 602), 258 February 9, 1920, 16, 219 March 30, 1920, 83, 84, 157, 250 June 5, 1920, 12, 17, 18, 19, 27, 64, 79, 128, 130, 131, 135, 141, 200, 214, 232, 238-240, 250, 261, 263-289 See also Revised Statutes: Compiled Statutes, 1916; Bills of Lading Act; Harter Act; Loss of Life Act; Panama Canal Act; Merchant Marine Act; Ship Mortgage Act; Stand-by Act.
Acts of God, 89
Adjuster, in general average, 191
Admiralty. For specific subjects, see particular titles
Admiralty Courts. See Courts
Admiralty Law, sources, general, 1 in United States, 1
Admiralty remedies. See Remedies
Admiralty Rules, general, 14
Advances of wages (see also Wages), 247, 248
Advances on bottomry, 141
Adventure. See Frustration of adventure
Affreightment, contract of, defined, 77, 78 reciprocal obligations of ship and cargo, 34, 35 See also Contracts of affreightment
Agency, of master, right to delegate, 49 for temporary owner or charterer, 33
Agent, managing, responsibility of owner for, 31
Alaska Railroad, under Merchant Marine Act, 277
Alaska, trade with, coastwise, 14 under Merchant Marine Act, 277
Aliens, defined, in Merchant Marine Act, 288 sales of Shipping Board vessels to, under Merchant Marine Act, 266, 267
American Bureau of Shipping, under Merchant Marine Act, 276
Anchorage, 215, 216
Anchors, included in sale, 23
Antitrust laws, marine insurance associations exempt from, under Merchant Marine Act, 278
Antwerp, York-Antwerp Rules, 7
Appurtenances, what included in sale, 23
Arbitration clause, not enforceable, 107
Arrest of passengers, 42
Arrival and discharge, 76
Arrived ship, 106
Arson, maritime, 196
Articles, shipping. See Shipping articles
Assaults, 196 on seamen, 61
Association, defined, in Merchant Marine Act, 278
Attorneys, employment by Shipping Board, under Merchant Marine Act, 265
Austrian vessels, sale of, under Merchant Marine Act, 266
Average. See General average
Bankruptcy, of shipbuilder during construction, 11
Bare boat charter, 101
Barges, inspection of, 255 whether ships, 3
Barratry, 199, 200, 252
Bathhouse, floating, a ship, 3
Berths, separate for seamen, 249
Bills of lading, Chapter VII, 86-111 holder's claim to goods, 76 liability of owner for cargo not received, 31 limitations on, 76 limitation of master's authority to bind owner, 41 limitation on master's right to issue, 45 not contracts of affreightment, when, 34
Bills of sale, not required for documentation, 236 recording, 237, 238 recording, under Merchant Marine Act, 278, 279 requirements, 236
Blockade, violation of, 195
Boats, included in sale, 23
Boilers, included in sale, 23
Bonds. See Mortgages and bonds for release of ship, 220 for safe return, when compellable, 28, 29
Bottomry bond, defined, 138 nature and incidents of, 138-140
Bowsprit, included in sale, 23
Breach of charter, 106, 107
Breakage, exception of, 99
Breakdown clause, 102, 103
Builder's lien, 136
Bunkers, liability for, during temporary ownership, 33
Cables, included in sale, 23
Captain. See Master
Capture. See Prize of war
Cargo. See Affreightment, contracts of; Lien, etc. damage to, in collision, 152, 156 deck, in general average, 191 discharge of (see Arrival and discharge) injury to, personal liability of master, 41 loading and stowage of, 72-75 master's relation to, 44-47 not involved in forfeiture, when, 195 on wreck, owner's rights, 206 out and back, 91 reciprocal obligations of ship and cargo, 34, 35 shipper must disclose character, 72, 73 unlawful, annuls charter, 107
Cargo vessels, provision of Merchant Marine Act, 276
Carpenter, master. See Master carpenter ship's, lien for wages, 62
Carpenter's certificate, 232
Carriage by sea, Chapter VI, 69-84
Carriers, common and private, defined, 69 liability of, 69, 70
Certificate. See Carpenter's certificate, Surveyor's certificate, Inspection certificate
Cesser clause, 103
Changes, in structure, to be reported, 16
Charter parties, Chapter VII, 86-111 effect on lien, 133 master must not alter, 45 notice to creditor, when avoids lien, 33
Charter rates, Emergency Act, repeal of, in Merchant Marine Act, 263, 264
Charterer, agent of, may create lien, under Merchant Marine Act, 285 liability, 113 liability as temporary owner, 33 may create lien on vessel, when, under Merchant Marine Act, 285
Chartering Executive Committee, 86
Chartering of vessels, authority of Shipping Board, under Merchant Marine Act, 267
Chronometer, included in sale, 23
Circuit Court of Appeals. See Courts
Citizens, who are, 25 defined in Merchant Marine Act, 288
Citizenship, of owner (see also Corporations), 12, 13, 25, 27 of master, 25, 39 of pilots, 13 of watch officers, 13
Claim, notice of, 100
Classification of Shipping Board vessels under Merchant Marine Act, 276
Clearance. See Entry and clearance
Coastwise trade, Alaska, under Merchant Marine Act, 277 corporate owner, stock control, 28 forfeiture for violation, 195 insular possessions, executive control, under Merchant Marine Act, 274 investigation of ports, etc., by Shipping Board, under Merchant Marine Act, 268 Philippine Islands, not, under Merchant Marine Act, 274 provisions of Merchant Marine Act, 277 restrictions, 231, 232 vessels to engage in, 13, 277 via foreign port, under Merchant Marine Act, 277 voyages, wages on, 247 what is, 13, 14
Code, Federal Criminal, 196
Collector of Customs, duties with respect to recordation, under Merchant Marine Act, 279, 280
Collision, Chapter XI, 148-158 assistance in case of, 252 investigation of, 244 personal liability of master, 41 responsibility of pilot, 175 when a peril of the sea, 89
Commanding officer. See Master
Commerce, Department of, representation on American Bureau of Shipping, under Merchant Marine Act, 276 routes to be established by Shipping Board, under Merchant Marine Act, 267 Secretary of, authority to regulate recordation of mortgages, etc., under Merchant Marine Act, 286 may remit certain fines, under Merchant Marine Act, 276
Commissioner of Navigation (see also Navigation), 259
Commissioners. See Shipping commissioners
Common carriers. See Carriers Compass, included in sale, 23
Compensation, just, under Merchant Marine Act, Law. See Workmen's Compensation Law, 264
Competition, Shipping Board to make rules, under Merchant Marine Act, 272
Compiled Statutes 1916: 4554, 63 7707, 25 7778, 7779, 143 7981, 173 7990-7994, 187 8020-8027, 115 8029-8035, 93 8036, 52 8204-8208, 173 8287-8297, 63 8300-8314, 63 8315-8337-A, 64 8343-8376, 66 9920, 206 10419-10444, 193 10445-10462, 193 10462-10469, 193 10470, 203 10470-10483, 193
Congress, Acts of. See Acts of Congress, Revised Statutes
Consignee, right to goods, 76
Construction loan, fund under Merchant Marine Act, 269 by Shipping Board, under Merchant Marine Act, 260
Construction, title by, 10
Contract, maritime, defined, 4 status of ship mortgages, 141, 142 shipbuilding, 10 not maritime, 11, 12 liens arising out of, 126 of master, liability of owner, 31 liability of temporary owner, 33 seaman's, 55 under Emergency Shipping legislation, validated by Merchant Marine Act, 263, 264
Contracts of affreightment, Chapter VII, 86-111 See also Affreightment, contracts of
Contribution, in collision cases, 155
Contributory negligence, none in admiralty, 156
Control of ownership, effect on registry, 12, 25 See also Corporations
Corporal punishment, forbidden, 56, 197, 252
Corporate owners, privity or knowledge of, 118
Corporation, as owner, citizenship and stock control of, 13, 25, 27, 28, 123 oath for documentation, 235 under Merchant Marine Act, 288, 289
Costs, in admiralty, 221
Courts, United States: Circuit Court of Appeals, jurisdiction, 2 district, jurisdiction, 2 extent of judicial power, 2 state courts, jurisdiction, 2 Supreme Court, U. S., jurisdiction, 2
Court of Claims, suits for just compensation under Merchant Marine Act 263, 264
Crew, majority owners may employ and discharge, 28 See also Seamen
Crimes at sea, Chapter XIV, 193-201 offenses of seamen, 251, 252
Criminal Code, Federal, 196
Cruelty to seamen, 60
Customs duties. See Treaties
Damage, caused by pilot, 175 division of, 155, 156 in collision cases, 151-157 in towage cases, 168-170 to goods, liability for, under charter, 104
Day, work, 248
Dead freight. See Freight
Deadweight tonnage. See Register tonnage
Death of seaman, 250 seaman's right of action under Merchant Marine Act, 287
Deck cargo, in general average, 191
Deck load, 73, 75
Deck officers, 245
Delay in voyage, 78
Delivery of ship, title by, 10
Demise of ship, when charter is, 33, 91, 101-113 where, liability for damaged goods, 104
Demurrage (see also Freight and demurrage), 105, 106 defined, 77 lien for, 127 when recoverable, 78
Depreciation, on sale of Shipping Board vessels, under Merchant Marine Act, 266
Derelicts. See Wrecks and derelicts
Desertion, 55, 60, 251
Despatch money, 106
Destruction of vessel before completion, 11
Deviation, master's duty, 45, 51 warranty against, 88, 89
Diligence of lienor, rules of, 127, 128
Directors of corporations, powers of, 28
Disaster, master's duties on, 51 seaman's duties on, 58
Discharge (See Arrival and discharge) of seamen, 60
Disobedience, 251
Displacement. See Register tonnage
Dissolution of charters, 107-110
District courts. See Courts
Division of damages. See Damages
Docks, German port facilities turned over to Shipping Board by Merchant Marine Act, 271 insurance of, under Merchant Marine Act, 269 investigation of, by Shipping Board, under Merchant Marine Act, 268
Documentation of vessels, procedure for, 232-235 See also Registry
Documents, surrender and reissue of, 236, 239
Domicile of owner, for registry, 14 See also Citizenship, Nationality, Corporation
Dredge, subject to admiralty jurisdiction, 2
Drydock, floating, not a ship, 3, 180, 181 insurance of, under Merchant Marine Act, 269 maritime lien for use of under Merchant Marine Act, 285
Duties, customs. See Treaties
Effects, seamen's, 66
Embezzlement, 197
Emergency Fleet Corporation, 261 provisions of Merchant Marine Act with reference to, 288
Emergency Legislation Rate Act repealed, 264 Shipping Act repealed, 263, 264 validation of agreements, 263
Enemy port facilities, turned over to Shipping Board under Merchant Marine Act, 270, 271
Engineer, when an officer, 246
Engines, included in sale, 23
Enrollment, defined, 12 form of, 231 when to be made, 12
Entry and clearance, 241
Equipment, managing owner to direct, 36
Exceptions in bills of lading, 99
Excess profits tax, proceeds of sale exempt, under Merchant Marine Act, 275 vessels exempt, under Merchant Marine Act, 275
Exchange, title by, 10
Executors, sales by, 18, 19
Explosives, 73 on passenger ships, offense, 197
False lights, 197
Fares, through, on American ships, under Merchant Marine Act, 277
Federal Compensation Act, 57
Federal Criminal Code, 196
Fees, navigation, 258
Fellow servant, master not, 250
Felony, defined, 193
Fighting ships, forbidden, 79 provision of Merchant Marine Act, 273
Finders, rights of, 207, 208
Fines, Secretary of Commerce may remit certain, under Merchant Marine Act, 276
Fire, 89, 90, 115, 116
Fire insurance on vessels purchased from Shipping Board, under Merchant Marine Act, 269
Firemen, hours of labor, 248
Flag, 229 transfer of, 17, 23
Floats, whether ships, 3
Flogging, abolished, 42, 59
Flotsam, 202
Fog, collision in, precautions against, 149, 150
Foreclosure of mortgages, 145-147 under Merchant Marine Act, 283
Forfeiture, 195 on sale to alien, 17 under Merchant Marine Act, priority of mortgage lien, 284
Forfeitures and punishments of seamen, 55, 56
Foreign built vessels (see also Vessels, Registry, Coasting trade), may engage in coasting trade, when, under Merchant Marine Act, 274
Foreign laws, Shipping Board to make rules to meet, under Merchant Marine Act, 272
Foreign liens, 136
Foreign market prices to be considered in sale of Shipping Board vessels, under Merchant Marine Act, 266
Foreign ships, American-built recording of, 16
Foreign trade, regulations governing shipping in, under Merchant Marine Act, 272 Shipping Board to establish new routes, under Merchant Marine Act, 267
Foreign vessels, right to coast repealed by Merchant Marine Act, 277
Foreigners, sale of vessels to, provisions of Merchant Marine Act, 266, 267
Frauds, of temporary owner, when owner liable, 34
Freight, defined, 43, 77, 86 dead, 91 lien for, 78, 127 loss of in collision, 162 master's lien upon, 43 when earned, 91
Freight and demurrage, 77
Freight rates, export, on American vessels, under Merchant Marine Act, 277 import, under Merchant Marine Act, 277 investigation by Shipping Board, under Merchant Marine Act, 268 through reduced, restricted by Merchant Marine Act, 277 unfair, 79 War Emergency Act repealed, 264
Frustration of adventure, 107, 108
Fuel, lien for, 125
General average, 189-192 origins, 7 preferred maritime lien for, under Merchant Marine Act, 280, 283
German vessels, turned over to Shipping Board, 266 sale of authorized by Merchant Marine Act, 266, 267
Gift, title by, 10
Great Lakes Rules, 150
Guam, registry of vessels trading with, 12
Guardians, may be owners, 25
Harter Act, 70, 72, 119-122 public vessels entitled to benefit of, under Merchant Marine Act, 266, 267
Hawaii, foreign vessels may carry passengers from, to United States under permit, under Merchant Marine act, 274, 275 trade with coastwise, 14
Hawsers, length of, 254
Heat, exception of, 99
Home port, 233, 234 defined, 12 fixed by registry, 14, 15 limitation on manager's authority when vessel in, 37 maritime lien for supplies furnished in, under Merchant Marine Act, 285 persons authorized by Merchant Marine Act to create liens in, 285
Hospital accommodations for seamen, 250
Hours of labor at sea, 248
Houses, sale of, by Emergency Fleet Corporation, authorized by Merchant Marine Act, 270
Housing law repealed by Merchant Marine Act, 270
Husband, ship's, defined, 36
Import rates, provisions of Merchant Marine Act, 277
Income tax, vessels in foreign trade exempt from under Merchant Marine Act, 275
Individuality of ship. See Personality, Vessel
Injuries. See personal injuries Passengers, Seamen
Inspection, certificate of outstanding, 235 of vessels, 244, 255, 259
Insurance, charter provision for, 102 effect of limitation of liability on, 123 in collision cases, 157
Insurance, fire, on vessels purchased from Shipping Board under Merchant Marine Act, 269
Insurance, marine, associations exempt from antitrust laws by Merchant Marine Act, 278 purchaser of Shipping Board vessel to provide, 268 Shipping Board vessels, fund for, under Merchant Marine Act, 269
Insurance company, marine, defined in Merchant Marine Act, 278
Insurance of cargo, 75
Interest, on mortgages, 239 on preferred mortgages under Merchant Marine Act, 281 on purchase price of vessels under Merchant Marine Act, 266
Interlocutory sales, 221
International Rules, 150
Interstate Commerce Commission, 261 power over, through rate rule under Merchant Marine Act, 277
Intervenors, 221
Investments of Shipping Board, under Merchant Marine Act, 270
Jetsam, 202
Jettison, 190, 191 master's duty, 46
Joint rates, provisions of Merchant Marine Act, 277
Judicial power, extent of. See Courts
Jurisdiction, Admiralty. (See also Courts), 218, 219 concurrent, over crimes, 197, 198 criminal, 193, 194 ships subject to, 2 ships under construction not subject to, 2, 11, 12 shipbuilding contracts not territoriality of vessels for subject of, 11, 12 purposes of, 15 waters subject to, 3, 4 wrecks subject to, 204 of foreclosure, under Merchant Marine Act, 283, 284 of injuries to seamen, 58 of offenses under Merchant Marine Act, 282
Jury trial, seaman's right to, under Merchant Marine Act, 287
Laches in enforcing lien, effect of, 134
LaFollette Seamen's Act. See Seamen's Act
Language of seamen, 246
Larceny, 196
Lay days, 105, 106
Leakage, exceptions of, 99
Liabilities and limitations, Chapter VIII, 112-124
Liability, limits of, 5 of carrier, duration of, 99 limitation of, by temporary owner, 33 of ship, when pilot in charge, 177, 178
Libel, 219, 220
License, form of, 231 master's, 39, 40 officers', 244 vessels, 12
Lien, maritime, Chapter IX, 125-137 for breach of charter, 107 for collision damage, 156, 157 for freight and charter hire, 103 for pilotage, 175 for salvage, 181, 182 for towage, 160 for wages, 55, 61, 63 not assignable, 248 of landowner, on wreck, 205 of managing owner, 37 of master, 44 of part owners, 30 of wharfinger, 214 divested on master's sale, 19 failure to disclose, offense, 200 master's power to create, 50 mortgages may create, when, 113 of bills of lading and contracts of affreightment, 34-36 right of mortgagee to discharge, 144, 145
Lien, mechanics, 136
Lien, under Ship Mortgage Act, discussed, 239, 240 provisions of Ship Mortgage Act, 278-286 See also Ship Mortgage Act
Life, loss of. See Loss of life
Lifeboat men, 246
Life-saving equipment on cargo vessels, provisions of Merchant Marine Act, 276
Ligan, 202
Lights, false, 197
Limitations. See Liabilities and limitations
Limitation of liability by temporary owner, 33 in collision cases, 157 proceedings, 222 in loss of life, 84
Limitation on prosecutions, 198
Loading and stowage, 72-75
Loans. See Construction loan fund
Log book, contents, 52 disciplinary facts to be entered, 42 requirements, 52
Logs. See Raft
Longshoremen, lien for wages (see also Stevedore), 62
Loss of life, 157 Act of March 30, 1920, 83, 84, 157, 250
Loss of vessel before completion, effect on title, 11
Loss or damage to goods, liability for, under charter, 104
Machinery, included in sale, 23
Mails, to be carried in American vessels, under Merchant Marine Act, 275, 276 contract not to be sublet to foreigners, provision of Merchant Marine Act, 275 Postmaster General to make contracts, under Merchant Marine Act, 275
Maiming, 196
Majority interest, when controlling, 28
Managing agent, 36
Managing owner, authority, duties and rights, 36, 37
Manslaughter, 196
Marine insurance. See Insurance
Marine Insurance Associations, exempt from antitrust laws by Merchant Marine Act, 278
Marine Insurance Company, defined in Merchant Marine Act, 278
Marine railways, lien for use, provision of Merchant Marine Act, 285
Maritime Law, sources, 1
Maritime liens. See Liens
Married women, may be owners, 25
Master, Chapter IV, 39-53 agency for all parties in case of wreck, agency for owner under charter, 91 agency for temporary owner or charterer, 33 agent for underwriter, when, 113 authority to sign bills of lading, 36 bills of lading signed by, liability on, 91 cargo, duty to deliver, 76 citizenship of, 25 contracts of affreightment, effect of, 34-36 disciplinary powers, 40 duties in loading and stowage, 72 duty as to shipping articles, 243 duty to deliver cargo to consignees, 76 license of, 244 majority owners may employ and discharge, 28 name to be reported, 16 oath of, for documentation, 235 owner's authority over, 30 penalty for failure to exhibit documents under Merchant Marine Act, 282 pilot, relation to, 174 right to sue in collision cases, 157 sales by, 19-22 salvor, 185 seamen, power to punish, 61 shipping articles, duty as to, 243 wreck, agency for all persons in case of, 75
Master carpenter, certificate of, for registry, 14
Masts, included in sale, 23
Mate, license of, 244 not to punish seamen, 61
Mechanic's liens, 136
Medicines, 67
Merchant Marine Act (June 5, 1920)[35], discussed, 142-147 text of, 263, 289
Merchant vessels, annual list of, 258
Minority interest may compel majority to give bond, 28, 29 right to use ship, 29
Misdemeanors, 193
Mississippi Valley Rules, 159
Moorage. See Wharfage and moorage
Mortgage of cargo, master's rights, 47
Mortgagee, liability of, 113
Mortgages and bonds, Chapter X, 138-147
Mortgages, new to be given after admiralty sale, 18 of ship at sea, 22, 23
Mortgages, preferred, provisions of Ship Mortgage Act (§ 30 Merchant Marine Act), 278-286 discussed, 238
Mortgages, recording of, provisions of Ship Mortgage Act (§ 30 Merchant Marine Act), 279-282, 286
Motor boats, numbering of, 258
Murder, 196
Mutiny, 60, 197, 200, 201, 251
Name, change of, 16, 240 forfeiture for change of, 195 marking of, 233, 234
Nationality, of owner (see also Corporations), 13, 25, 27 of master, 25 of officers and crew, 246, 247 of ship. See Registry, and Flag who are nationals, 25
Naval service, vessels in exempt from Merchant Marine Act, 266
Navigation, Commissioner of, 259 to authorize change of name, 16
Navigation fees, 258
Navigation laws, how administered, 259
Negligence in collision, 148, 149 liability for, during temporary ownership, 33 of master, liability of owner for, 31, 32 liability of temporary owner for, 33 liability of pilot for, 175 liability of tug for, 165, 166 proof of, in collision cases, 158 in towage cases, 155, 156
Negotiability of bills of lading, 98, 99
Neutrality, violation of, offense, 197
Note. See Promissory note
Notice, lien independent of, 127 of admiralty sale by marshal, 18 of claim. See Claim
Number. See Official number
Offenses. See Crimes at sea of seamen, 59
Officers, deck, 245 nationality, 247 qualifications, 244-247
Official number, 233, 234
Official tonnage, 233
Oilers, hours of labor, 248
Oléron, Rules, 7 laws, 173
Overloading, 73
Owner, domicile of, for registry, 14 duty of, to provide competent master, 39 liability of, 112, 113 oath of, for documentation, 235 privity or knowledge of, 116-118 remedies of, 220 single ship companies, 123 as salvor, 185 of wreck, liability of, 205 rights, of, 206
Owners and managers, Chapter III, 25-38
Ownership, control of, effect on registry. See Corporations
Ownership, record title not conclusive of, 36 temporary, rights and liabilities, 33
Panama Canal Act (August 24, 1912), 229
Panama Canal Zone, trade with not coastwise, 14
Panama Railroad, ships subject to suit, 219
Parole, sale by, 10, 20, 22, 23
Part owners, 25, 26 not partners generally, 25 suits between, 30 obligations of, 30
Particular average, 189
Partition, suit for, 30
Partners, part owners not, 25 may own vessel as partnership property, 25-27
Passengers, assault on, liability of owner, 31 carriage of, 79, 80 damage in collision, 154, 155 from Hawaii in foreign ships, under Merchant Marine Act, 275 limitation of, on cargo vessels under Merchant Marine Act, 276 loss of life, 83, 84 master's authority over, 41 personal injuries to, 81-83 not salvor, 183 seduction of, 252 to be notified of dangers under Merchant Marine Act, 276
Peril of the sea, exception of, 89 liability for, under charter, 104
Penalties and forfeitures, 195
Penalties under Ship Mortgage Act, 282
Personal injuries to passengers. See Passengers
Personal injuries, of seamen, 56-58, 287
Personality of ship, 5, 112, 114, 195
Philippine Islands, may make registry rules under Merchant Marine Act, 274 not coastwise under Merchant Marine Act, 274 whether coastwise, 14
Pilot, citizenship of, 13 licenses of, 244 master to remain in command, 43 when salvor, 184
Pilotage. See Towage and pilotage, Chapter XII, 159-179 appendix on, 253, 254 extra, ordered by master, owner's liability, 31 liability of master for, 41
Piracy, 195-199
Place of trial, of offenses at sea, 194
Plundering, 197
Port captain, 36
Port facilities, effect of freight rates on, investigation by Shipping Board, under Merchant Marine Act, 268
Port of registration. See Home port
Porto Rico, trade with coastwise, 14
Possession, evidence of ownership, 25 lien independent of, 127
Preferred lien. See Liens foreclosure of, under Ship Mortgage Act, 283
Preferred mortgages. See Mortgages foreclosure of, 146, 147 incidents of, 141-143 transfer of, 145
Preferred mortgage vessels, 128-131
Prices, market, foreign, to be considered in sale of Shipping Board vessels, under Merchant Marine Act, 266
Princes, restraint of. See Restraint of princes
Priorities in liens. (see also Liens), 129-131
"Privity or knowledge," 116, 117
Prizes of war, when entitled to registry, 12
Process, 220-222
Proctor, 220
Promissory note, master's not binding on owner, 41
Protest, cost of, 152 described, 52 form of, 290 shipper entitled to copy, 76
Provisions, lien for, 125 scale of, 249 when included in sale, 23
Punishment, corporal, 197 of seamen (see also Seamen), 55, 56
Purchase, title by, 10
Radio telegraph, failure to carry (see also Wireless), 200
Raft, whether a vessel, 2
Railroads, freight rates, investigation by Shipping Board under Merchant Marine Act, 268 reduced, restriction upon under Merchant Marine Act, 277
Rape, 196
Rates. See Freight export, on American vessels under Merchant Marine Act, 277 freight and charter, War Emergency Act repealed, 264 freight, unfair, 79 import, provisions of Merchant Marine Act, 277
Readiness, 106
Receiver, in preferred lien foreclosures under Merchant Marine Act, 283
Record title, not conclusive of ownership, 36
Recording, American-built foreign ships, 16 liens. See Liens mortgages (see also Mortgages), 144
Redelivery of vessel under charter, 102
Redocumentation, 241
Register, form of, 231
Register tonnage, 256
Registration and regulation in general, 10
Registry, general, 228, 229 and flag, 229 change of, to foreign, approval of Shipping Board, 17, 27 coastwise trade, vessels entitled to engage in, 13 control, American, of corporate owners, 13 copy to be included in bill of sale, 17 corporate ownership, American control, 13 defined, 12 domicile of owner, 14 ownership by citizens, 13 procedure (see also Documentation), 14 surrender, on sale of ship at sea, 23 vessels entitled to, 12, 229-231
Regulations, navigation, 150
Remedies, Admiralty, Chapter XVII, 218-222
Repairs, liability for, during temporary ownership, 33 lien for, 125, 131 in home port, under Merchant Marine Act, 285 majority owners may pledge vessel for, 28 managing owner to make, 36 to wrecked vessel, to entitle her to registry, 12
Replevin, of wreck, 206
Representations prior to sale, 23, 24
Requisition, of vessels under Merchant Marine Act, 270 War Emergency Act repealed, 264
Residence of owner, for registry (see also Citizenship, Corporations, Nationality), 14
Respondentia, defined, 138 incidents of, 140, 141
Restraint of princes, 90, 108, 109
Revised Statutes, Sections: 4139, 39, 40 4141, 12 4142, 4147-4153, 4155, 14 4170, 10, 17 4180-4184, 16 4282, 70, 89, 90 4283, 70 4284, 115 4285, 70, 115 4286, 70, 113, 115 4287, 4288, 4289, 70 4319, 14 4439, 40 4445, 40 4450, 40 4501-4612 (Title LIII), 56 4511, 55 4528, 55 4564, 41 4569, 41 4581, 56 4596, 56 4612, 54 5363, 41
Revolt, 197
River steamers, registry of, 13
Road. See Rules of road
Robbery, 196, 197
Rooles of Oléron. See Oléron
Routes, trade, Shipping Board may establish under Merchant Marine Act, 267
Rules, navigation, 150
Rules of Oléron. See Oléron Rules of
Rules of the road, 253
Safe port, 101
Sailor. See Seamen
Sails, included in sale, 23
Sale, bill of. See Bills of sale
Sale, in admiralty proceedings, 17, 18 effect on liens, 134, 135 notice, by marshal, 18 no warranty, 18 interlocutory, 221
Sale, in partition suit, 30
Sale, judicial, discharge of mortgage upon under Ship Mortgage Act, 279, 280
Sale of cargo, master's rights, 47
Sale of shipbuilding plants of Shipping Board, under Merchant Marine Act, 270
Sale of vessel, bill of, what to include, 17, 23 by master (see also Master), 19-22, 50 by mortgagee, 19 by parole, 10, 20, 22, 23 by trustees and executors, 18, 19 to alien, 17 to alien, Shipping Board vessels under Merchant Marine Act, 266, 267 to alien, Shipping Board to approve under Merchant Marine Act, 284 to American citizens, under Merchant Marine Act, 266 of ship at sea, 22, 23 proceeds exempt from taxation, when under Merchant Marine Act, 275 representations prior to, 23, 24
Salvage and general average, Chapter XIII, 180-192
Salvage, seamen's lien not assignable, 248
Salvor, Lien, 181, 182 successive, 186 who may be, 183, 184
Seamen, Chapter V, 54-68 abandonment of, 252 age requirements, 246 berths, 249 clothing for, 250 corporal punishment of, prohibited, 252 death of, 250 death of, right of action under Merchant Marine Act, 287 foreign, when not engaged to work in United States, 15 hospital accommodations, 250 injuries to, 250 jury trial, right to, under Merchant Marine Act, 287 language of, 246 lien for salvage, not assignable, 248 lien for wages under Merchant Marine Act, 280 loss of effects in collision, 154-155 majority owners may employ and dismiss, 28 nationality of, 247 offenses of, 251 personal injuries to, under Merchant Marine Act, 287 provisions, scale of, 249 punishment of, authority of master, 42 qualifications, 246 salvors, whether, 183, 185 wages, demandable only once in same port under Merchant Marine Act, 286 liability of master, 41 liability of owner, 31 lien under Merchant Marine Act, 280 washing places, 249
Seamen's Act (March 4, 1915), 56, 245, 247, 249-251
Seaworthiness, generally defined, 70-72 liability for, etc., 70-72 owners' obligation for, 30, 31 defined, 31 test of, 31 penalty for want of, 67 proceeding to determine, on complaint of seamen, 66, 67 warranty of, 87, 88
Seduction, 196 of passenger, 252
Self-defense, by seamen, 61
Ship (see also Vessel), personality of, 112, 114 what is, 180, 181
Ship Mortgage Act (June 5, 1920)[36], text of, 276-286 See also Mortgages, Liens, etc.
Shipbuilders Lien, 11
Shipbuilding contracts, 10
Shipbuilding plants of Shipping Board, insurance of, under Merchant Marine Act, 269
Shipping, American Bureau of under Merchant Marine Act, 276
Shipping Act (September 7, 1916), 231, 260, 261
Shipping Act, Emergency, repealed by Merchant Marine Act, 263
Shipping Articles, 55, 63, 64, 242-244
Shipping Board, 260, 261 appointment and duties under Merchant Marine Act, 264, 265 approval, for change of registry, 27 assignment of vessels under Merchant Marine Act, 267 charters to be filed with, 86 may delegate to Emergency Fleet Corporation, 288 mortgages, authority over, 145 sales to aliens, Board to approve, 17 ships immune from arrest, 219 to investigate fighting ships, 79 vessels sold to citizens, entitled to registry, 13
Shipping Commissioners, 63, 260
Ship's husband, defined, 36
Shore captain, 36
Single ship companies, 16, 123
Sleeping quarters, 249
Slop-chest, 7
Smuggling, 197
Stand-by Act (September 4, 1890), 158
State liens, 135
Statutes. See Acts of Congress, Revised Statutes, Compiled Statutes
Steam vessels, inspection of, 225
Steamboats, river and bay, when entitled to registry, 13
Stevedore, duties, 72 in whose employ, under charter, 105 lien for wages, 62 lien under Merchant Marine Act, 280, 283 master's control over, 45
Stolen goods, receiving, 196
Stowage. See Loading and stowage
Stranding, no general average, 190 not collision, 148
Subcharters, 101
Supervising Inspector General, 259
Supervising inspectors, rules, 150
Supplies, liability for, during temporary ownership, 33 lien for, 125, 131 lien for, provisions of Merchant Marine Act, 285 lien for, in home port, under Merchant Marine Act, 285 majority owners may pledge vessel for, 28 penalty for neglect to provide, 67 what to be provided, 67 when included in sale, 23
Supreme Court. See Courts
Survey, cost of, 152
Surveyor, marine, duties of, 66
Surveyor's certificates, 232, 233
Taxation of vessel, situs for, 15
Taxation, when proceeds of vessel exempt, under Merchant Marine Act, 275
Taxes. See Excess Profits Tax, Income Tax, Tonnage Taxes
Temporary ownership, rights and liabilities, 33
Territoriality of vessel, 14, 15, 193, 194
Theft, exception of, 99
Through export rates under Merchant Marine Act, 277
Through fares on American vessels under Merchant Marine Act, 277
Time charters, 101, 105
Title and transfer, Chapter II, 10-24 under Merchant Marine Act, 284, 289
Title, record, not conclusive of ownership, 36
Tonnage. See Register tonnage official. See Official tonnage
Tonnage taxes, 257
Torts liability for, during temporary ownership, 33 liability of owner for master's or vessel's, 31-33 liability of ship for, 112 liens arising out of, 126 maritime, defined, 4 owner's, 31 vessel liable for, 33, 34
Tow, liability in tort, 112
Towage and pilotage, Chapter XII, 159-179
Towage, distinguished from salvage, 184 lien for, under Merchant Marine Act, 285
Trade routes, Shipping Board to establish under Merchant Marine Act, 267
Transfer. See Title and transfer
Treaties, restricting discriminating duties, to be terminated under Merchant Marine Act, 287
Trial, jury, seamen's right to, under Merchant Marine Act, 287
Trial of offenses, place of, 194
Trover, for wreck, 206
Trustees and executors, sales by, 18, 19
Trustees, may be owners, 25
Tug. See Towage and pilotage liability in tort, 112
Tutuila, registry of vessels trading with, 12
Underwriters, liability of, 113
Unfair practices, Shipping Board to make rules to meet under Merchant Marine Act, 272
United States Compiled Statutes 1916. See Compiled Statutes
United States Revised Statutes. See Revised Statutes
United States Shipping Board. See Shipping Board
Unseaworthiness, penalty for, 195
Valuation in bill of lading, 99, 100
Vessel[37] (see also Ship) defined, 2 destruction before completion, effect on title, 11 foreign, American-built, recording of, 16 foreign-built, not to trade coastwise, 13 exceptions, 13 loss before completion, effect on title, 11 may sue and be sued, 5 of United States, what is, 13 personality of, 5, 33, 34 sale of, Chapter II, 17-24 territoriality of, 14, 15 under construction, not subject to admiralty jurisdiction, 11, 12 when subject to admiralty jurisdiction, 2
Vessels, provisions of Merchant Marine Act definition, 288 mortgaged, transfers of, 284 requisition of, War Emergency Act, repealed, 264
Voyage charter, dissolution by accident, 107
Voyage, whether coastwise, how determined, 13, 14
Wages (see also Seamen), 64, 247, 248 in collision cases, 152 liability of master, 41 liability of owner, 31 lien, seamen's, 55, 61-63 lien under Merchant Marine Act, 280 master's, 43
War, effect on charters, 107
Warranty, in sales, 23, 24 none in admiralty sale, 18
Washing places for seamen, 249
Watch and Watch, 248
Watch officers, nationality of, 246 must be citizens, 13
Watchman, lien for wages, 62
Water tenders, hours of labor, 248
Waters subject to admiralty Jurisdiction (see also Jurisdiction), 3, 4
Wharfage and moorage, Chapter XVI, 209-217
Wharfinger's lien, 214
Wireless, penalty for failure to carry (see also Radio telegraph), 195
Work day, 248
Workmen's compensation laws, as applied to seamen, 56, 57
Wreck, collision with, 148 master's duty to preserve, 51 not within admiralty jurisdiction, 2 rebuilt, registry of, 12 registry of, 230
Wreck or stranding, as affecting cargo, 51
Wrecks and derelicts, Chapter XV, 202-208
Writs, 220-222
Yachts, registry of, 13
York-Antwerp Rules, 7
Yukon River, traffic on, whether coastwise under Merchant Marine Act, 277