The law of the sea

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

• 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]