The law of the sea

by George L. Canfield; J. Y. Brinton; George W. Dalzell

INDEX

(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]

[35] The several subjects treated of in this act are indexed under their titles throughout this index, with page references to the text of the act.

[36] The several subjects treated in this act are indexed under their titles throughout this Index, with page references to the text of the act.

[37] For what is or is not a vessel, see particular titles, such as Dredge, Raft, Drydock, etc.

SHIPPING SERIES
TRAINING FOR THE STEAMSHIP BUSINESS

EDITORS:

Emory R. Johnson Ph.D., Sc.D.

Dean of the Wharton School of Finance and Commerce, University of Pennsylvania.

Roy S. MacElwee, Ph.D.

Director of the U. S. Bureau of Foreign and Domestic Commerce.

1. Ocean Steamship Traffic Management.

By G. G. Huebner, Ph.D.

Training in the responsibilities of the broker, the freight agent and other traffic agencies, and in the forms used in the shipping business.

2. Marine Insurance.

By S. S. Huebner, Ph.D.

Training in the important responsibilities of the marine insurance agent and broker.

3. The Law of the Sea.

By George L. Canfield, LL.B., and George W. Dalzell.

Legal relations, rights, duties, and obligations of shippers, steamship owners, operators, masters, and seamen; the legal relations of the ship from construction contract to sale as salvage.

4. Merchant Vessels.

By Robert Riegel, Ph.D.

Their types, uses, tonnage, measurements, and construction; some things the steamship man ashore should know about ships.

5. Wharf Management and Stevedoring and Storage.

By R. S. MacElwee, Ph.D., and Thomas R. Taylor, A.M.

Duties of the pier superintendent, receiving clerks, tally men, and stevedore foreman. Includes wharf layout and construction, cargo-handling machinery, port charges and dues, stevedoring, longshoremen, labor problems, etc.

6. Steamship Operation. (Projected.)