American Jurisprudence: A Comprehensive Text Statement of American Case Law as Developed in the Cases and Annotations in the Annotated Reports System, Being a Rewriting of Ruling Case Law to Reflect the Modern Developments of the Law, Volume 48Bancroft-Whitney Company, 1936 - Law |
Contents
ENFORCEMENT OF REGULATIONS FORFEITURES AND PENALTIES 23 Generally | 23 |
Search and Seizure 25 Liability for Wrongful or Abortive Search or Seizure | 33 |
Defenses | 34 |
27 Property and Interests Affected by Forfeitures 28 Practice and Procedure | 35 |
Pleading 30 Claim and Bond or Stipulation 31 Evidence | 36 |
Appeal or Review 33 Lien for Penalty 34 Remission and Refunding of Forfeitures and Penalties | 37 |
VESSELS IN GENERAL A IN GENERAL 35 Generally Scope 36 Definition Particular Structures as Vessels 37 Nature and Incidents as Property | 38 |
Identity Home Port Showing of Name and Port 39 Nationality | 39 |
Duty on Hearing Fog Signals | 273 |
OBSERVANCE OR VIOLATION OF RULES EFFECT 274 Generally | 274 |
Justification for Departure from Rules | 275 |
Observance of Rules as Discharging Duty to Avoid Collision | 276 |
LANDING MOORING AND ANCHORAGE 277 Generally | 277 |
278 Damage to Submarine Cables Pipes | 278 |
Liability for Interference with Mooring | 279 |
E DISPLACEMENT WAVES SWELLS AND SUCTION 280 Generally | 280 |
Vessels of the United States | 40 |
Construction and EquipmentContracts | 41 |
Governmental Regulations and Requirements | 42 |
Maintenance and Repairs | 43 |
Seaworthiness | 44 |
Requisition by Government B REGISTRY ENROLMENT AND LICENSE 46 Generally | 45 |
Registry | 47 |
Enrolment and License | 48 |
49 Place of Registry and Enrolment | 49 |
Vessels Subject to Enrolment and License | 50 |
Yachts | 51 |
Foreignbuilt Vessels | 52 |
53 Exchange and Equivalence of Registry and Enrolment | 53 |
Bond | 54 |
55 Privileges Conferred and Duties Imposed | 55 |
Transportation of Mail | 56 |
Effect of Sale or Alteration of Vessel | 57 |
D 2 bcontinued 8 73 Bill of Sale as Mortgage 74 Rights and Liabilities of Parties | 60 |
Possession and Use of Vessel | 75 |
Right to Freight and Earnings | 76 |
Rank and Priorities | 77 |
Remedies | 78 |
RECORDATION 79 Generally | 79 |
Application of Statutory Provisions | 80 |
Necessity | 81 |
Purpose and Effect | 82 |
PART OWNERS OF VESSELS A IN GENERAL 83 Generally | 83 |
Status and RelationAs Tenants in Common | 84 |
As Partners | 85 |
Privity among Part Owners | 86 |
B RIGHTS DUTIES AND LIABILITIES 1 IN GENERAL 87 Generally | 87 |
Right to Vessels Earnings | 88 |
Power to Transfer or Encumber Vessel or Share | 89 |
Lien for Debts and Advances | 90 |
Responsibility for Acts of Coowner | 91 |
Part Owners Authority to Insure Vessel | 92 |
Negotiable and Other Instruments | 93 |
Supplies and Repairs | 94 |
Revocation of Authority of Coowner or Ships Husband | 95 |
Who Are Liable or Beneficiaries as Part Owners | 96 |
Extent of Liability | 97 |
Discharge or Release of Liability | 98 |
99 Effect of | 99 |
CONTROL MANAGEMENT AND USE OF VESSEL 100 Generally | 100 |
Appointment and Removal of Master and Crew | 101 |
Conditions of Use by Part of Coowners Stipulation or Secu rity for Safe Return | 102 |
137 139 Necessity for Sale | 103 |
INSPECTION | 104 |
Liability of Part Owner for Loss of or Injury to Vessel | 105 |
REMEDIES AND ACTIONS 106 Generally | 106 |
Accounting | 107 |
Partition or Judicial Sale of Vessel | 108 |
Attachment or Subjection of Part Owners Share | 109 |
Parties | 110 |
Generally | 110 |
OFFICERS AND CREWS OF VESSELS A IN GENERAL 111 Generally | 111 |
112 Statutory Regulations | 112 |
Persons Entitled 169 Necessity that Disabilities Be Incurred in Ships Service | 116 |
Disease or Injury Resulting from Seamans Negligence or Mis conduct | 117 |
Particular Items and Services 172 Duty of Master to Obtain Medical Assistance on Shore | 118 |
Necessity for Ship to Carry Physician or Surgeon Treatment by Master 174 Duration of Ships Liability | 119 |
Effect of Statutes Establishing Marine Hospital Service 176 Statutory Requirements as to Medicine Chests and Antiscorbu tics | 120 |
Waiver or Loss of Right 178 Remedies and Actions | 121 |
PERSONAL INJURIES LIABILITY AND REMEDIES | 122 |
Generally | 123 |
Assumption of Risk | 125 |
Contributory Negligence 182 Injuries by Fellow Servants | 126 |
Assault and Battery 184 Death by Wrongful | 128 |
Practice and Procedure | 129 |
Pleading and Proof 187 Trial or Hearing and Judgment or Decree | 130 |
OFFENSES DESERTION MUTINY | 131 |
B MASTERS CAPTAINS AND OTHER COMMANDING OFFICERS 1 IN GENERAL | 133 |
Notice to Owners Operation and Effect Unauthorized Sale | 138 |
Sale of Cargo | 140 |
Notice and Conduct of Sale | 141 |
Damaged or Perishable Goods | 142 |
SEAMEN 1 IN GENERAL 143 Generally | 143 |
Definition Particular Persons as Seamen | 144 |
As Subject to Law of Flag | 145 |
EMPLOYMENT OR SHIPMENT 146 Generally | 146 |
Shipping Commissioners | 147 |
Shipping ArticlesNecessity Form and Execution | 148 |
Description of Voyage or Service Construction | 150 |
Duration Termination of Voyage | 151 |
58 Generally | 152 |
Seaworthiness of Vessel | 153 |
Obedience to Orders Punishment for Disobedience | 154 |
Protection and Relief | 155 |
COMPENSATION 156 Generally | 156 |
As Dependent on Freight Earnings | 157 |
As Affected by Loss or Wreck of Vessel | 158 |
Payment Advances and Allotments | 159 |
Liability to Claims of Creditors Assignment | 160 |
Lien and Priority | 161 |
Actions and Proceedings for Recovery | 162 |
Surrender of Rights or Remedies as to Compensation | 163 |
In Narrow Channels and Passages | 171 |
Generally | 172 |
Sound Signals | 173 |
262 Entering or Proceeding within Harbor | 174 |
Leaving Slip Ways or Moorings | 175 |
Passing Vessels at Rest | 176 |
Ferryboats 266 Rowboats and Other Small Craft | 177 |
Appointment or Employment and Dismissal 115 Compensation Reimbursement for Expenditures Remedies for Recovery | 178 |
Generally | 188 |
Desertion and Absence without Leave | 189 |
sel 191 Revolt and Mutiny Confinement of Master | 191 |
PILOTS AND PILOTAGE A IN GENERAL 192 Generally | 192 |
Authority and Duties with Respect to Control and Navigation | 193 |
of Vessel 194 Care and Skill Required Liability for Injuries | 194 |
Lien for Services | 195 |
Pilots Associations | 196 |
B REGULATION 1 IN GENERAL 197 Generally | 197 |
Authority to Regulate | 198 |
Federal Recognition of State Pilotage Systems Scope of State Regulation | 199 |
Licenses | 200 |
Pilots on Coastwise Vessels | 201 |
202 Pilots on Waters Forming Boundary between States | 202 |
COMPULSORY PILOTAGE 204 Generally | 204 |
Application to Coastwise Vessels | 205 |
Discrimination as Invalidating Statute | 206 |
Exemption of Particular Classes of Vessels | 207 |
208 Prerequisites to Liability for Compulsory Pilotage | 208 |
Justification for Rejection of Service Tendered | 209 |
Nature and Enforcement of Liability | 210 |
VIL STEVEDORES LONGSHOREMEN AND HARBOR WORKERS 211 Generally | 211 |
Cancelation and Rescission | 212 |
Abandonment and Release 3 PERFORMANCE AND BREACH 312 Generally | 213 |
Impossibility of Performance Frustration Effect of War or Acts of Public Authorities | 214 |
Requisitioning of Vessel | 217 |
Generally | 218 |
Manifests | 219 |
Logbook | 220 |
Marine Protests | 221 |
Deposit with Consular Officer at Foreign Port | 222 |
PORTS HARBORS AND LANDINGS 223 Generally | 223 |
Control and Regulation | 224 |
NAVIGATION COLLISION LIABILITY FOR INJURIES A IN GENERAL 225 Generally | 225 |
Relative Rights of Large and Small Vessels | 226 |
Standards of Care and Negligence | 227 |
Requirements as to Condition Equipment and Complement of Vessels | 228 |
Agency as Basis of Liability | 229 |
Duty to Avoid Collision | 230 |
Collision or Injury Due to Inevitable Accident | 231 |
What Constitutes Inevitable Accident | 232 |
233 Effect of Error In Extremis | 233 |
Effect of Insurance | 234 |
Recovery for Loss of or Injury to Cargo | 235 |
Persons and Property Liable | 236 |
Shippers and Cargo | 237 |
Duties upon Occurrence of Collision or Other Accident | 238 |
Standing by and Rendering Assistance | 239 |
Law Governing | 240 |
B LIABILITY IN CASE OF MUTUAL FAULT 241 Generally | 241 |
242 Effect of Statutes Modifying Shipowners Liability | 242 |
Recovery by Third Persons against Vessels Jointly at Fault | 243 |
RULES OF NAVIGATION 1 IN GENERAL 244 Generally | 244 |
International Rules | 245 |
Rules Applicable on Great Lakes and Inland Waters | 246 |
Executive and Administrative Regulations | 247 |
Local Regulations and Usages | 248 |
Application and Operation Vessels Subject to Rules | 249 |
STEERING AND SAILING RULES 250 Generally | 250 |
Sailing Vessels Meeting or Crossing | 251 |
Steam Vessels | 252 |
Crossing Meeting | 253 |
Steam and Sailing Vessels Meeting or Crossing | 254 |
When Sailing Vessel Is Deemed at Fault | 255 |
Duty of Privileged Vessel | 256 |
Speed | 257 |
Duty to Reduce Speed Stop or Back | 258 |
Vessels Proceeding in Same Direction Overtaking and Pass | 259 |
Stowage on or under Deck | 262 |
Generally | 267 |
Duty to Maintain Lookout | 268 |
Lights or Watch on Vessels at Rest Anchored Moored or Aground | 269 |
PRECAUTIONS IN FOG DARKNESS OR BAD WEATHER 270 Generally | 270 |
Sound Signals | 271 |
Speed or Movement | 272 |
Contributory Negligence | 281 |
Damage to Vessels at Docks and Wharves to the Shore and Structures Thereon and to Other Property | 282 |
F REMEDIES AND PROCEDURE 283 Generally | 283 |
Parties | 284 |
Pleading | 285 |
Stipulations for Value and Costs | 286 |
Evidence | 287 |
Presumptions and Inferences | 288 |
Admissibility | 289 |
DISCHARGE | 290 |
Trial or Hearing | 291 |
Judgment or Decree | 292 |
Damages | 293 |
For Loss Injury or Detention of Cargo | 294 |
Costs and Expenses XI CHARTER PARTIES AND CONTRACTS OF AFFREIGHTMENT A IN GENERAL 1 GENERALLY | 295 |
Introductory Definitions Scope | 296 |
Charter of Demise Distinguished from Affreightment Contract | 297 |
Tests and Presumptions as to Character of Transaction | 298 |
Distinctive Words and Phrases | 299 |
Appointment and Control of Master and Crew | 300 |
Formation Requisites and Validity | 301 |
Construction Operation and Effect | 302 |
303 Representations Warranties and Conditions | 303 |
Schedule and Course | 304 |
Seaworthiness and Repair of Vessel | 305 |
306 | 306 |
Law Governing | 309 |
IN GENERAL | 336 |
Management of Tow Effect of Negligence | 346 |
Generally | 349 |
Rights Duties and Liabilities Generally | 350 |
Tickets and Fares | 351 |
352 Rules and Regulations of Carrier | 352 |
Accommodations | 353 |
RIGHTS POWERS DUTIES AND LIABILITIES a IN GENERAL | 354 |
Generally | 363 |
Where Vessel or Cargo Is Owned or Held by Government or Vessel Is Employed in Public Service 548 Practice and Procedure Generally | 373 |
Substitution of Government as Defendant in Proceeding against Vessel Purchased from Government 2 LIENS 550 Generally | 375 |
Maritime Liens Generally | 376 |
Statutory Provisions | 377 |
Transactions Giving Rise to Lien 554 | 378 |
555 | 379 |
Repairs Supplies or Advancement of Funds Generally | 381 |
Necessity for Repairs Supplies | 383 |
559 Extension of Credit to Vessel Necessity for Credit Effect of Other Security | 384 |
TITLE AND OWNERSHIP | 386 |
Necessaries Furnished at Home Port | 388 |
Persons Entitled to Lien 561 Property Subject to Lien | 390 |
Cargo | 391 |
Waiver or Extinguishment | 392 |
Priorities | 394 |
Assignment of Lien or of Obligation Secured Thereby Effect of Assignment 566 Enforcement | 395 |
Interest and Costs 592 Reopening Decree Appeal | 413 |
BOTTOMRY AND RESPONDENTIA 593 Generally | 414 |
Comparison with Implied Hypothecation 595 Requisites and Validity of Bond | 415 |
Form and Execution of Bond | 416 |
Authority to Execute Bond 598 Necessity for Loan and Hypothecation | 417 |
599 Presumptions and Proof as to Necessity | 418 |
Necessity for Good Faith 601 Interest | 419 |
Construction of Bond 603 Operation of Bond Discharge of Obligation Effect of De struction of | 420 |
Personal Liability of Shipowner 605 Rights and Interest of Bondholder Lien | 421 |
DEMURRAGE 606 Generally 8607 Effect of Express Stipulation as to Time | 423 |
Lay and Running Days Computation of Time | 424 |
Stipulations Excusing Delays beyond Charterers Control | 425 |
Liability for Detention when No Time Is Fixed for Loading or Unloading 611 Circumstances Excusing Detention in Absence of Stipulation | 426 |
Effect of Provisions as to Order of or Precedence in Loading | 427 |
or Unloading 613 Liability for Delays Caused by Strikes | 428 |
Persons Liable 615 Lien 616 Actions to Recover Demurrage | 429 |
Allowance of Demurrage for Detention Arising out of Torts 618 Measure of Compensation | 430 |
Items Included in Allowance for Demurrage 620 Application of Rules in Case of Yachts | 431 |
GENERAL AVERAGE A IN GENERAL 621 Generally | 432 |
Origin and Development 623 Property Liable to Contribute | 433 |
Duration of Liability | 434 |
B ELEMENTS REQUISITES AND FACTORS 625 Generally 626 Common Peril and Benefit | 435 |
Voluntariness of Sacrifice or Expenditure | 436 |
Success or Efficacy of Sacrificial Act 629 Authority to Order Sacrifice | 437 |
Effect of Fault or Negligence Causing Sacrifice or Expendi 631 | 438 |
Fault or Error in Navigation or Management of Vessel | 439 |
PARTICULAR LOSSES SACRIFICES AND EXPENDITURES 632 Generally 633 Jettison | 440 |
Generally | 441 |
Exceptions to General Rule | 442 |
Statutory Provisions The Carriage of Goods by Sea | 443 |
Persons and Vessels Liable | 444 |
IN GENERAL | 450 |
Generally | 453 |
Perils of the Sea Dangers of Navigation | 454 |
455 Perils or Dangers of River Lake or Canal | 455 |
456 Fault or Wrongful Act Attributable to Carrier | 456 |
Proximate Cause | 457 |
2 PARTICULAR CAUSES 458 Generally | 458 |
459 Meteorological Conditions Wind Storm Calm | 459 |
460 Collision Stranding | 460 |
Explosion | 461 |
Worms and Rats | 462 |
Damage by Water | 463 |
Jettison | 464 |
Manner of Loading Handling or Stowage | 465 |
Fault or Error in Navigation or Management of Vessel | 466 |
Barratry Tort or Theft | 467 |
Fire | 468 |
Stipulations as to Liability | 469 |
470 Statutory Exemption | 470 |
CONDITION OF VESSEL AS FACTOR SEAWORTHINESS 471 Generally | 471 |
Statutory Provisions | 472 |
e CONDITIONS OF AND MATTERS AFFECTING LIABILITY 473 Generally | 473 |
Information as to Character or Value of Goods | 474 |
f REMEDIES AND ACTIONS 475 Generally | 475 |
Parties Plaintiff | 476 |
Defendant | 477 |
478 Pleading | 478 |
479 Evidence | 479 |
Burden of Proof Presumptions Weight and Sufficiency | 480 |
Trial or Hearing | 481 |
Judgment or Decree | 482 |
Lien | 483 |
SUPERCARGOES 484 Generally | 484 |
Delegation of Authority | 485 |
Duties and Liabilities | 486 |
Master as Supercargo | 487 |
TOWAGE A IN GENERAL 488 Generally | 488 |
Contracts | 489 |
490 Public Regulation | 490 |
IN GENERAL 491 Generally | 491 |
Relation between Tower and | 492 |
Tower as Carrier | 493 |
Services Included in Contract for Towage | 494 |
495 Performance and Breach Generally | 495 |
496 Effect of Delay in Performance | 496 |
Compensation | 497 |
For Extra Services | 498 |
Right of Tower to Claim as Salvor | 499 |
RIGHTS DUTIES AND LIABILITIES IN GENERAL | 520 |
FOR SUPPLIES REPAIRS SERVICES AND ADVANCES | 526 |
Generally | 567 |
Construction and Effect of Statutes | 568 |
b LIMITATION OF OR EXEMPTION FROM LIABILITY 445 Generally | 569 |
Waiver or Loss of Benefit of Statute | 570 |
SCOPE AND APPLICATION OF STATUTES 571 Generally | 571 |
Applicability to Acts Done on High Seas | 572 |
Vessels Involved or Affected 574 Persons Entitled to Protection as Owners | 574 |
Liabilities Subject to Limitation | 575 |
Effect of Privity Knowledge or Fault of Owner | 577 |
MEASURE AND EXTENT OF LIABILITY 578 Generally | 578 |
Valuation of Ship as Basis of Liability | 579 |
Surrender of Freight and Earnings | 580 |
What Freight Is Deemed Then Pending | 581 |
Generally | 582 |
PROCEEDINGS FOR LIMITATION 583 Generally | 583 |
Mode and Time of Instituting Proceeding Libel or Petition | 584 |
Appraisal and Payment Stipulation and Surrender of Prop erty | 585 |
Monition or Notice | 586 |
As Affecting and Stay of Other Proceedings | 587 |
Issues with Respect to Shipowners Liability and Right to Lim itation Answer | 588 |
Evidence | 589 |
Statutory Provisions | 604 |
Remedies and Actions for Wrongful Discharge 166 | 605 |
447 | 612 |
Damages | 618 |
Extraordinary Expenses Generally | 637 |
Repairs to Ship | 638 |
Wages and Subsistence | 639 |
The Harter | 16 |
Warranties and Duties | 19 |
Operation and Effect | 21 |
By Contract or by Regulation of Carrier | 24 |
By Usage or Custom 451 Law Governing 452 Waiver of Limitation or Exemption | 30 |
Establishment of Claims Distribution of Fund | 32 |
Generally | 61 |
Proof of Ownership 63 Under Contract for Construction or Repair | 63 |
TRANSFER AND ENCUMBRANCE a IN GENERAL 64 Generally | 64 |
Law Governing | 65 |
Representations and Warranties | 66 |
Delivery | 67 |
Registered and Enrolled Vessels | 68 |
Vessels at | 69 |
Involuntary Assignments | 70 |
What Passes as Appurtenant to Vessel | 71 |
b MORTGAGES 72 Generally | 72 |
Copyright | |