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 48

Front Cover
Bancroft-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
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