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The law of the sea

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

Notes in this chapter

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