A Treatise of the Law Relative to Merchant Ships and Seamen

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Contents

Lights for fishing vessels and boats
9
Fog signals
10
Two sailing ships meeting
11
Two sailing ships crossing
12
Two ships under steam meeting
13
Two ships under steam crossing
14
Sailing ship and ship under steam
15
Ships under steam to slacken speed
16
Vessels overtaking other vessels 18 Construction of Articles 12 14
17
Proviso to save special cases
19
No ship under any circumstances
20
Of the Liabilities of Owners of Ships for Repairs done or Stores
26
The Liabilities of Owners and Charterers of Ships further
34
CHAPTER II
47
Sects Page 4 Of the Certificate of Registry
56
Of Transfers and Transmissions of Ships and Shares of Ships
59
Or Mortgages of Ships
60
Of Certificates of Sale and Mortgage
61
Of Registry Anew and Transfer of Registry
63
Registry Miscellaneous
64
Fishery Boats Lighthouse Boats and Pleasure Yachts
65
Evidence of Affidavits Books of Registry Certificates c
66
Offence of Forging or fraudulently altering Documents making False Declarations c
70
CHAPTER III
71
case of disagreementby the Laws of Foreign States
72
Jurisdiction exercised for that object by the High Court of Admiralty in England
73
Power of one Partowner to bind the others by his Contracts Office and Authority of Ships Husband
78
Adjustment of the interests of Partowners on Bankruptcy of one of them
80
Ships Accounts how adjusted between Partowners at Law and in Equity
85
Who should be joined as Plaintiffs and Defendants O
86
Extent of liability of each Partowner for Supplies and Repairs
88
PART II
90
Local Marine Boards
91
Duties of Shipping Offices established under its authority
92
Of the Qualifications of the Crew
93
CHAPTER II
100
Masters authority when limited
106
Of Charges on the Ship in Specie Repairs done in England
116
Doctrine and Jurisdiction of the Court of Admiralty
122
Requisites to validity of Bottomry Securities
131
Sects Page
135
Extent to which Freight may be pledged
141
Regulations of Foreign Ordinances as to disposal of Ships
152
CHAPTER V
159
Sects Page
164
Provisions for preserving the health of Seamen and for their
167
CHAPTER VII
172
Of Compulsory Pilotage
179
CHAPTER VIII
185
Passenger Steamers
193
Of the usual Contents thereof Stipulations as to Voyage
200
Sects Page
204
Bills of Lading for Goods shipped under Charterparty
235
Of the Lien for Freight of the Owner of a Chartered Ship
241
Of Cases in which the Shipowners Lien for Freight has been
252
CHAPTER VI
337
LightningFire
344
Sects Page
351
CHAPTER VIII
359
Modes of its Calculation Of an agreed Sum for the Voyage
366
When a Contract to pay Freight may be implied against
373
Whether Damaged Goods are exempt from Freight or may
379
Of Freight when part of the goods only have been brought
385
When the Right to Freight commences
407
Of the Jurisdiction exercised by the Court of Admiralty
414
Of Stoppage in Transitu and herein
417
CHAPTER XI
452
Of Blockade of the Port of Destination
458
Recent Decisions
464
Provisions for the protection of Seamen and the preservation
475
CHAPTER II
480
The Time at which Payment is to be made
493
Wages and Effects of deceased Seamen
497
Of Forfeiture of Wages by Desertion
503
Forfeiture for refusing to assist the Master in defending
509
Seamens Claim for Wages is preferred in Admiralty to all other
517
Of General or Gross Average and herein
521
Of Ships Expenses in a Port of Refuge
530
Of Goods sold for the necessities of Ship and Cargo
538
Remarks 548 1
548
CHAPTER II
557
Of Salvage by chartered Ship Salvage Agreements Salvage
567
Of Salvage in the United Kingdom 17 18 Vict c 104
583
Of Salvage of Ships and Merchandise found in possession
594
Provisions of the Merchant Shipping Act 1854
611
CHAPTER IV
618
Of Marshalling Assets for their Protection
624
Of the Jurisdiction exercised by the Court of Admiralty under
631
to Merchant Shipping i
i
Vict c 5 An Act to admit Foreign Ships to the Coasting
ccxxv
the Carriage of Passengers by Sea
ccxl
Geo 4 c 94 An Act to alter and amend an Act for
ccxcv
Vict c 10 An Act to extend the Jurisdiction and improve
cccxii
CCCCX
cccxxi
Declaration of Ownership by Individual cccxxivvrii
cccxxix
Certificate of British Registry cccxxxy
cccxxxv
Mortgage to secure principal and Interest cccxliiiv
cccxlii
Mortgage to secure Account Current cccxlviviji
cccl
Declaration by Mortgagee taking by Transmission
ccclvi
Regulations for maintaining Discipline sanctioned by the Board
ccclxii
Scale of Medicines and Medical Stores suitable to Accidents
ccclxiv
neglect proper precautions
ccclxxiv
Diagrams appended to Regulations
ccclxxvi
When under One Hundred Days
ccclxxxii
List of Surgical and Midwifery Instruments which the Surgeon
ccclxxxiii
MISCELLANEOUS
ccclxxxix
Form of a Bottomry Bond
cccxcv
Ship Protest in Consequence of a Loss by Collision cccci
cdi
Manifest of the Cargo on Board the American Ship
cdviii
INDEX
cdxiii

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Page xlii - Kingdom shall be paid into the receipt of Her Majesty's exchequer in such manner as the treasury may direct, and shall be carried to and form part of the consolidated fund of the United Kingdom; and all penalties recovered in any British possession shall be paid over into the public treasury of such possession, and form part of the public revenue thereof.
Page 583 - Nothing in these rules shall exonerate any ship, or the owner, or master, or crew thereof, from the consequences of any neglect to carry lights or signals, or of any neglect to keep a proper look.out, or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case.
Page xvii - And in order that the above provisions as to forfeitures may be carried into effect, it shall be lawful for any commissioned officer on full pay in the military or naval service of Her Majesty, or any British officer of customs, or any British consular officer, to...
Page 209 - The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Page 636 - ... inside breadths, namely, one at each end and the other at the middle of the length; then to the sum of the end breadths add four times the middle breadth, and multiply the whole sum by one-third of the common interval between the breadths; the product will give the mean horizontal area of such space; then measure the mean height, and...
Page 285 - ... goods therein mentioned shall pass upon, or by reason of such consignment or endorsement, shall have transferred to and vested in him all rights of suit, and be subject to the same liabilities in respect of such goods as if the contract contained in the bill of lading had been made with himself.
Page 271 - ... the master or other person signing the same, notwithstanding that such goods or some part thereof may not have been so shipped, unless such holder of the bill of lading shall have had actual notice at the time of receiving the same that the goods had not been in fact laden on board: Provided, that the master or other person so signing may exonerate himself in respect of such misrepresentation by showing that it was caused without any default on his part, and wholly by the fraud of the shipper...
Page ci - ... on the trial of any issue joined or of any matter or question, or on any inquiry arising in any suit, action, or...
Page 294 - Act provides that no owner or master of any ship shall be answerable to any person whatever for any loss or damage occasioned by the fault or incapacity of any qualified pilot acting in charge of such ship within any district where the employment of a pilot is compulsory by law.
Page 308 - ... that as a loss has actually happened whilst his wrongful act was in operation and force, and which is attributable to his wrongful act, he cannot set up as an answer to the action the bare possibility of a loss, if his wrongful act had never been done. It might admit of a different construction if he could show, not only that the same loss might have happened, but that it must have happened if the act complained of had not been done ; but there is no evidence to that extent in the present case.

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