Страница - 188 Страница - 190 Abandonment, of cargo on disaster, [75] 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] 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] 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] Barratry, [199] , [200] , [252] Bathhouse, floating, a ship, [3] Berths, separate for seamen, [249] Bills of lading, Chapter VII, [86] -111holder'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] 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 carpentership's, lien for wages, [62] Carpenter's certificate, [232] Carriage by sea, Chapter VI, [69] -84 Carriers, common and private, defined, [69] 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] -111effect 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] 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] -158assistance 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] 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] -111See also Affreightment, contracts of Contribution, in collision cases, [155] Contributory negligence, none in admiralty, [156] Control of ownership, effect on registry, [12] , [25] 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] 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] Crimes at sea, Chapter XIV, [193] -201 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] -113where, liability for damaged goods, [104] Demurrage (see also Freight and demurrage), [105] , [106] 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] Diligence of lienor, rules of, [127] , [128] Directors of corporations, powers of, [28] Disaster, master's duties on, [51] Discharge (See Arrival and discharge) 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 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] 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] 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] Floats, whether ships, [3] Flogging, abolished, [42] , [59] Flotsam, [202] Fog, collision in, precautions against, [149] , [150] Foreclosure of mortgages, [145] -147under 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] 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] -192origins, [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] -122public 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] 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] 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] 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]