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THI
LA^
7-
LEWIS'
LAW OF SHIPPING,
BEING
A TREATISE OS THE LAW RESPECTING THE INLAND AND SEA-COApT
HHII'HNO or CANADA AND THE I'NITED STATES,
BV
EDWARD NORMAN LEWIS,
OF O.S(J(K)l)K HALL, lUURLSTEU AT LAW,
AITHOK <»K
THE INLAND MARINE MANIAL LEWIS' ONTARIO STATITE INDEX- LEWIS
MAOISTKATI-X MAM Al. AND INDEX OK CRIMINAL LAW,
CONTAI^^I^T^ THE STATUTES AVrERTAIMXii DOWN TO
THE YEAR ISSJ.
(J A RS VV K L I. \- CO.,
LAW 1KH)K I'UWLLSHEHS, TORONTO, CANADA. AND EDINBUKOlf.
SCOTLAND.
1885.
I
Entered according to Act <.f I'arlian.ent of Canada, ii. the year of our Lord
one thoiiBand eight hundred and eighty-Hve, by Euwak.. Xokman Lkw.V
in the office of the Minister of Agricuiture '
3ur Lord
N Lewis,
TO
WILLIAM SMITH, ESQ.,
DKPUTY MINLSTER OF MARINE FOR CANADA,
THIS WORK
'S,
(WITH IMH I'KHM/SSIOX,)
RESPECTFULLY INSCRIBED.
/
PREFACE.
PREFACE.
Tliis little work does not aspire to rompetc with any of the leanied
treatises on the law of 8hippin>^, hut merely tt> supply a want felt hy
many, of a ])lain ami concise sunimaiy of the principal practical points
relatin.i; to the Inland and Sea-coast shippinj^ of Canada and the
United States, supported hy references to the leading and latest
authorities.
I have endeavored to collocate all the |H)ints of any im|Ktrtan(;e to
the suhjects which have hitherto heen scattered throu}^h many hooks.
Ilesides the reiK»rts, 1 have carefidiy examined, anionj,'st othei-s, the
f(»llowin}i[ leading works on the law of shipping, viz., .McLachlan on
Shipping, Ahhott on Shipping, Kay on Masters and Seamen., Foard's
Law of Mercantile S|ii|»ping, Holt's Kule of the Road, Smith's Mer-
cantile T^w, tVc, and this work is mainly a conipilation from such
authorities so as to he easy of reference. I helieve the work will he
an accurate exposition of the Maritime Law applicahle to the Inland
and Sea-coast watera of Canada and the Tnite*! States.
I have not found the task an easy one, hut I have not spared either
lahor or can; in my ellbrts to execute it, and if it shall he found by
experience that I have so far siu'ceeded as to have actcil the part (tf
, a pioneer only upon a hitherto imperfectly exploretl suhject. I will l)e
amply rei)aid for my time and trouble.
I have to thank for invahiable assistance in my work, William
Smith, Kstpiire, Deputy Minister of Nhirine for ( 'anada, and Charles
Seager, Ksquire, of ( Mgoode llall, Uarnster-at-Law. wlm kintlly
perused the work previous to its going to press.
K. N. L,
/
CnNTKXTS.
CONTENTS.
HAPTKR r. I'AfiEM
Part I. — Charterers 7-12
I»AKT 11.- Bills «.f Lading 1.3-lH
pAitT III. — Duties of Ship-Owiiers, Merchants, Musters,
&.O., Duties of Forwarders, Warehouse-
men, &o 10-."W
Part IV. Noii-perforiiianfe of Charters, Dissolution of
(-'harters, Kinl)argo HO-48
Pakt V. -Freigiit. How calculated, by whom i)ayahle,
To wlioni )>ayal>le, lien for, payment of. . 49(i'2
HAl'TKK ir.
Pakt 1. .Masters «.S-7:<
I'akt II. - Seamen 74-8'J
I'AUT III. IVssengers S.SSI}
H.MTKK ill. *
Pakt I. I'rotests 87-8!)
I'akt II. Demurrage 510-0(>
I'AKT III. (Jei.eral .Average !»7IO-l!)l
Part III.— liarratry l»ij
Part IV.— Maritime Law of Nations 193-194
w
//
6 CONTENTS.
APPENDIX.
PAOB'
Navigation Kules lOo-SO"
Navigation Unlet., U. S. A 210-21:
Coasting an<<>.
ic.-vniki' V. I )<)wie, 7 1 .
etal V. Cliisliolin, 18, 60.
ill V. (iriH'ui-, I !.'{.
*gcr V. Tile St. K. Doclt Co., 30,
|l.
iton V. lleiTiiig, .S-l, :\7.
icncaii Ins. Co. v. Og!(, (il.
bgliii V. Hendtison, 47.
kglo Afrii-iiu Co. v. Lani/.cd, .'M, 7.I.
agio Kgyptiiin .Vav. I'o. v. Itt.iiuii!,
18.">.
Iini'oyil v. I'nioii ins. (,'(>., .V.t.
.roiig V. Siiiitli, Si.
Hmrv. IJartoii, IS8.
licroft V. Crow t)rclianl Colliery
^o., 9r».
iley V. Pratt, .{.">.
liiiHon V. Bell, 168.
linson v. Cotosworth, 60.
tinson v. Maling, !8r).
linson v. Ste))lien8, 1041.
lyns V. Burrow s, 8(t.
kwood V. Seller I0().
tery v. Bowilen, .V>, "»!).
B.
illie V. Mondigliani, .'>U, (K).
ier V. Casey, 174, 188.
Bilker v. day, 168.
liiilley V. Dairoyane, 04.
ISarlier v. Hodsoii, .17.
IJarcIay v. Y. fiaua, 'U.
liiirker v. Higliley, 177.
Barker v. Hodgson, ,T», 4.'>, 47, .'>9, 95,
Bai'ker v. Torrance et al, 9.1.
Barret v. l;.,'ttoii, !(4, !lil.
Barri< k v. I5ul».i, .'1.1, .'{7.
IJairow V. Coie«, J I'i.
Bastifal v. Lloyd, 95.
Battiiyany v. Bouch, 185.
Baxter v. Leland, 36.
Bealc V. Thompson, 47, 81.
Beard et al v. Steele, 47.
Beatson v. Haworth, 35.
Jiehn V. Burncss, 12, 46.
Belcher V. Capper, 11.
lieldoM V. Campliell, 71, 188,
Bell V. Blythe, 1 8.5.
IMl V. Himiphrics. 174.
ISell V. .hitting, 166.
ISell v. Kyiner, 60.
IJell V. Puller, 47.
IJclsliaw \ . Bu.sli, 72.
Ucnni'tt V. I'. &(). SteaiultoatCo., 17.
lU'iison V, Duncan, I0(».
I'linsdii V. Silinidcr, I'i, .18.
r.iiv.sford \. Montgonterie, .'!6.
l>irg.stroMi V. Mills, 47.
Bcrnal v. I'ini, .W, 61.
Berndstoii v. Strong, 112, Vl3.
Berndstoii v. Strong, 111.
Best V. Sanders, 71.
Best V. Sanders, !M).
liird V. Brown, 113.
Bird V. C'roinwell, 72.
Birkley v. I'reagrave, 105.
Billy V. (iladstone, 'Mi, 61.
Bisliop V. Ware, .16, 61.
Blackett V. Uf)yal Kxchaiige Ass. Co.,
12, 105.
Blaker v. l>ixon, 61.
Blaker v. Di.von, 59.
Blaikie v. Steinbridgo, 34, 35, 71.
II.
CASES CITED.
Blanch v. Solly, 60.
Blasco V. Fletcher, 33, 59.
B. &. L. H. R. Co., V. (iortloii, 38.
Blight V. Page, 45, 46, 47.
Blocker v. Wittenburg, 72.
Blower v, (!. W. Ry. Co., .36, 59.
Bloxam v. SaiulerM, 112, 113.
Blythv. Smith, 17, 34.
Bohtling V. Iiiglis, 111, 112, 113.
Bolton V. L. and Y. Ry. Co., 112.
Bond V. Nutt, 165.
Bone V. Eyre, 46.
Bomman v, I'ooke, 46.
BoHou V. Santinrd, 173.
Bottomluy v. Forbes, 12.
Boucher v. LawHon, 73.
Bowcher v. NoJd8t")iii, 82, 145.
Boyce v. Baylifle, 86. 1.35.
Bradhurst v. Columbian Ins. Co. 105.
Brace v. The Union Forwarding Co.,
121.
Bradley v. Dunifaoc, .36.
Bragg V. Anderson, .35.
Brandit v. Bowlby, 1 12.
Brass v. Maitlancl, .37.
Brereton v. Clmpnian, 95.
Bridge v. The Niagara Ins. Co. 166.
Brierly v. Cripps, 173.
Bright V. Cowper, 46.
British Columbia Mill Co., v. Ncttlc-
ship, 17.
Broaa v. TliomaH, 178.
Brodee v. Howard, 174.
Brown v. Ueattie et al, 125.
Brown v. Byrne, 17.
Brown v. Hare, 73.
Brown v. .lohnnton, 94. 95.
Brown v. Kewby, 62.
Brown v. Lamoiit, 47.
Brown v. MuUett, 145.
Brown v. Nairn, 178.
Brown V. North, 61,62.
Brown v. Powell, 47.
Brown v. Ross et al, 95.
Brown v. Tanner, 59, 61.
Bruce v. Nioolopulo, 46,47.
Bryans v. Nix, 17.
Buckle V. Knoof, 58.
BuUer v. Fisher, 46.
Bunney V. Poynt/,, 62, 111. 113.
Burgess v. Wiekhani, 165.
Burgon v. Sharpe, 71.
Burmcster v. Hodgson, 94.
Burnett V. Boucli, 178.
Burnet v. Congci', 95.
Button V. Knglish, 106.
Bush V. Davis, 112.
Butler V. Wildman, 104, 106.
Button V. Thompson. 81, 82.
Byrne v. Pattinson, (K».
Byrne v. Schiller, 62.
C.
Caldwell v. Ball, 17, 18, .36.
Callender v. Olericks, 166.
Cameron v. Milloy, 86.
Camniell v. Sewell, liTt.
C'ampion v. Colvin, 61.
Caid V. Hope, 177.
Cargs Kx. Argos Brown v. (iandet,
.36.
Carey v. The Kitty, 81.
Carr v. (Iray, 61.
Carr v. W. Petroloiun (Jo., 46.
Carr v. Wallachain Petroleum, Co..
12.
Carruthers v. Sydebotham, 145.
Castle V. PL.yford, 112.
Cawthorn v. Trickett, 95.
Bay ley v. MacDonell, 184.
Centre v. The American Ins. Co. of
New York, 166.
Chaffey v. Schooley, 106.
Chandler v. ( irieves, 80.
Chapman v. Walton, 160.
Chapnutn v. Zealand, 18.
Cliarleton v. Cotesworth, 71.
Chisholm et al v. Potter, 184, 18.>.
ChrisMe v. Ctriggs, 86.
Christie v. Lewis, 11.
CInisty r. Row, 59, 60, 73.
City of Halifax v. Kenny, 168.
Clarke v. Barnowell, 36.
Clark V. .Sccctish Inw. Co., 164.
Clark V. Speuce, 168.
Clascm V. Simmonds, .35.
Clifford V. Hunter, 72.
Clipshaw V. Vertue, 46.
Close et al v. Beatty et al, 38.
Cloy et al v. Tagues et al, 188.
Coates V. Railton, 113.
Cochran v. Retberg, 95.
Cockbuni v. Wriglit, 37.
Coe V. Harden, 18.
CoHa V. Bernard, .34.
Cogijs V. Bernard, 17, 34.
Cole V. Meek, 37.
Coles V. Trcrothick, 178.
('ollins V. Lamport, 185.
('oluinbia Ins. Co., v. Awhley, 105.
Comasjee v. Thompson, 17.
Connnercial S. S. Co., v. Boulton, 96.
Connor v. Smytiie, })5.
Constable v. Clotiierie, 46.
Couturier v. Hastie, 73.
Cook V. Jennings, 46, 59.
'L
CASES OITKD.
III.
Cooke V. Wilson, 34.
Coppin V. Braithwoite, S6.
Corban v. Downe, 34. *
Corby v. Cotton et al, 184.
Corkling v. Miissey, 1'2.
Couch V. Steel, .V), 71, 8-2, SO, 165.
Coulthurst V. Sweet. .W, 177.
Coventry v. Gladstone, II '2.
Covington V. Roberts, 104, 105.
Cowasjee v^ Thompson, 11*2.
Cox V. Harden, 11'2.
Cox V. Hickman, 174.
('rawford v. Brown et al, 12.
Cram v. Aiken, lO.'i.
Cranston v. Marshall, S !.
Craven v. Ryder, 17.
Creen >f. Wright, 73.
Crofton v. Pickernell, 94. •
Crofts V. Waterhouae, 80.
Crook V. Allan. lOG.
Crouch V. The L. and N. W. R. Co.,
37.
C^row V. Folk, 47, 94.
Crovvderv. Austin, 183.
Cumming v. Brown, 17.
Cuiuird V. Hyde, 3."), 37.
Cunard v. Van Oppen, 178.
Cunning v. Brown, 1 12.
CurUng V. Long, i)8, ">9.
Cuthbert v. Cumming, 12, .18.
(Gutter v. Powell, 81 .
Czech V. General, 18,
I).
Dacosta v. Kdniund, 105,
Dakin v. Oxley, 37, 59, fi2.
Dale V. Hall, 17, 34, 3.5,46.
Darby v. Baines, 177.
Davidson v. Case, 61.
Davidson v. Gwinne, 37, 46, 48, 59.
Davidson v. Mure, 46.
Davies v. Mann, 8({.
Davis V. Garrett, 12, 35.
I3ean v. Hogg, 1 1.
Dean v. McGliie, 60.
Dean v. Richards, 125.
Dccostii v. Newliani, 105.
De MattoB v. (Mbson, 185.
Depan v. Ocean Ins. Co., 106.
Depuy V. The United Jns. Co., 166.
De Rothehild v. Royal Mail S. 1',
Co. 46.
De Silvale v. Rendall, 59, 62.
Dewell V. Moxon, 71.
Dickey v. The American In8,Co.,l66.
Dickey v. New York Ins. Co., 166.
Dickinson v. Jardino, 106.
Dimeck v. Corlett, 12.
Diplock V Blackburn, 71, 72,96.
Dickson v. Baldmen, 1 13.
Dixon V. Reid, 192.
Dixon V. Sadler, 165.
Dixon V. Yates, 1 12, 1 13.
Dodge V. Bodson V. Droof, 95.
Donaldson v. McDowell, 94K
Dorland v. Bonter, 142.
Douiett V. Beckford, 60.
Dovviird V. Lindsay, 123.
DowiK's V. (ila/ebrook, 185.
Downey v. i'atterson, 125.
Dow V. Smith, 166.
Dresser v. Meyer, 62.
Duckett V. Satterlield, 47.
Duncan v. Benson, 35.
Duncan v. Koster, 71.
Duthie v. Hilton, 59.
E.
Earle v. l*owcroft, K92.
Eberts et al v. Smythe et al, 125.
Edmonson et al v. Young etal, .'18.
Edwanls V. lirewer, 112, 11.3.
E<1 wards V. Havill, 188.
Edwards etal v, OttiiMa River Navi-
gation Co., 174.
Edwards v. Trerellick, 81.
Ellershaw v. Magniac, 18, 112, 11.1
lijllis v. Hunt, 113.
Ellis V. The Midland R. Co., 71.
Ellis v. Turner, 174.
Ely v. Hallett, 166.
Kifierson v. The Niagara Navigation
Co. 86.
Erichsen v. Bark worth, 37, 94.
Ksposito v. Bowden, 59.
Evans v. Fosttsr, 95.
Evans v. Hutton, 46.
Evans v. Marlett, 18.
K.
Fairbridge v. I 'ace, 35.
Faith V. East India Co., .36, 61.
Falk V. I'letcher, 35, 113.
Falkner v. Earle, 17.
Farrant v. Barnes, .37.
Faulkner v. Ritchie, 192.
KawcuH v. Sarsfield, 34.
Fearon v. liowers, 36.
Feis V. Wray, 111.
Fen wick v. lJf»yd, 58, .59.
Fenwick v. Sclimalz, 47, 94.
Ferae v. Wray, 113.
HUH
IV.
CASES CITED.
Fleet V. Murtou, 12.
Fletcher v. Alexander, 106.
Fletcher t. (Jillcspie, 34.
Fhtcher v. Iii^lis, 4K.
Fletcher v . RylaiulH, 46 .
Foley V. Tabor, HIT..
Foik V. Fletcher, 17, 18,
Fontaine v. Fhrenix Ins. Co., 165, 1(M5.
Forde v. Cote.sworth, 47, ")!>, !>4, !••••
Forshaw v. Chabert, I6ii.
Forward v. Pittard, 36, 4.'..
Foister v. Colby, 17, 18, 36, 61, 62, »').
F'ostcr V. Trampton, 113.
Fowler v. Hooker, 38.
Fragano v. Long, 17, 34,
Franklin v. Hosier, 168.
Fraser v. Flint, 188.
I''ni.ser v. Telegrapli Constrnction &o.
Co., 18.
Freenmn v. Taylor. IJ. :f.").
French v. IkickhouHc, 174. 177.
Krontine v. Frost, 81.
h'tost V. Kniglit, 47.
FroHt V Oliver, 174, ISS.
Fuller V. Aljrahanis, I.S.'i.
Fulton V. Blake, 'Mi.
Furlcy v. Bates, 11 '2.
Furnell v. Thomas, (14.
().
fJadet V. Brown, !)6.
Callaghee v. Taylor, 164.
(iaiagher v. X'iper, 8'2.
(laHoway v. .lacktjon, {>.">.
(iardiere v. The (Columbia liis. Co.,
166.
(Jardner v. Cazcnovc, 61.
(Jartlncr v. McC'utihcoii, l'2, 7l.7'i,!l(>.
tiardncr v. Scvlious(!, .'t,">.
(iardner v. Sinitli, 166.
(iarrett v. Melhuish, ')!•.
(iaskin v. Calvin, I4'2.
(iatlifti! \. Bourne, 'M.
. a!(.
(ien. Stni. Nav. Co.. v. Slipper, 12,
47.
(Jeorge v. lUihiird, l'2.'t.
Georgian Bay Transportation Co., v.
Fisher, 174.
(iibbs v. C^hailton. 70.
(liljbs V. (J lay, 37.
(;ibb V. McDonell, .'iS. 106.
(iibbouH V. l>e Buisson, 0').
(iibbons V. Mendez. 60.
(iil)nonv. Carrutlu'rM, 112.
(iilwon v. Small, 34.
(lilmon V. Sturgo, "»8, oil.
(Ulbert v. (iingnon, IS.
(tildersleeve v. liontcr et al, 125.
(Jildcrslcevc v. ('orby et al, 184.
nint V. Norway, 17. 72, 73.
Cray v. Carr, .36, 0.").
• ouy ct al V. Schoolcv. 47.
Cifi-ii v. Kartlc'tt, I7S.
(lrc<'n V. MiiNcrstock, IS.").
(Jregory v. C'in'istie, 3."t.
Crugoiy V. I'i])cr, 17*.
(iriove V. Ontaiio Stc.unboat Co., 174.
(iricves v. \V. V. k !'. S. Co., 62.
(iriggH V, Austin, 62.
Criil V. t(iir d'Ksconipt
do Paris, 18.
Hewison v. (Jutlirie. (i2.
Heynian v. Paiisli, .3.'), 192.
Hiltbert v. Carter, IS.
Hickie v. Uodocanaolii, (50, (il.
Hicks V. Shield, (>2.
Higgins V. V. S. Mail St. S. Co., %.
Hill V. Idle, 94.
Hill V. .Joiin, 94.
Hill V. Uitcliiiig, I7.S.
Hills V. Siiglirne, .37, 47.
Hillstroni v. (iihson, 9.">.
Hingston v. WCndt, 12.1.
Hohart \'. l)rogiin, 1.34.
ilobbs V. Hamuvii, 1(14, 192.
Hockster v. Ho Latoiir, .37, 47, 81.
Hodgson V. Lay, 111.
Holcomb V. Nixon, IS.").
Hollingworth v. lirodrick, .3.").
Hooper V. Lusby, 174.
Horn V. IVnsiisan, 94.
Horn V. (lilj)in, 174.
Hornciistle v. I'lirnin. (>2.
Horneyer v. Liisliington, l(i4.
Hovile V. .Steplit'iisoii. .34.
How V. Kircliii" r, .3(i. ")9, til.
Howard v .Sheplicid, .3().
Howard v. Tiiokcr, (il.
Howland v. IJetluuie, .38.
Hoyt V. Mildfire, 81.
Hudson V. Kile, 12, .3."), 37, 47, 04.
Hiunpiu'ey v. Dale, 12.
Hunter v. Prinsep, Xi, .'ift, 60.
JIunter v. Fry, 37, 08.
Huntt'T V. Potts, 'Mi.
Hurtin v. Union Ins. Co., .J9.
Hutchinson v. (iuion, 34.
Hutciiinson v. Tathani, 12.
Hutchinson v. Wright, (il. *
Hutton V. Itragg, II, (il.
Hyde v. The Trent and Mersey Navi-
gation Co., 36.
I.
fnglis V. lisberwood. 111.
Irving V. Ilagerinan et al, 12.").
.1.
Jackson v. Isaacson, (iO, (12.
.liiekson v. .Niciiol, 113r
.bick.Miu V. I'niou Marine Ins. ("o.,
1 ().").
.Tiu;i|Ues et al \. .Niciioll. 71.
Jiiggers V. Uenning, 174.
•lames \ . Ci'itlin, 1 12.
.lamieson v. Laurie, 94.
.lenkyiisv. L'sborne, 112, 113.
•b-sson V. SoUey, 9.").
•lob v. Langton, 10.").
.lolmson v. Chai)nian, 19"), 1(1(!.
.lolinson v. H. M. S. P. Co., 18."i.
•lobnston v. (Jreaves, 37.
•lolly v. Voung, 12.
•loues v. Holm, 12, 37, 47.
•lones V. •bines, 1 13.
•Jones v. Nirliolson, 192.
Juniel V. The Marine Ins. Co., I(i(!.
K.
Kane v. TlicConnnerciallns. Co., Kid,
Kay v. Wheeler, .3(1, 4().
Kean v. The (ilouccster. Ml.
Kearon v. Pearson, 37.
Keralake v. .Morgan, (12.
Kcll V. Anderson, 9."i.
KiMoble V. Howne, Kid.
1a nip V. {'lark, (10, 94.
Kinip v. Iloliiday, 10.").
K'liip V. McDongall, 9a.
Kendall V. b. ,V. S. Western Ky. Co.,
.3(>, 59.
Kerford v. Monde!. 3d.
Kern v. Deslandcs, d'2.
Keir V. Osborne, (11.
Kerswell v. IWsliop, (iO.
Kettell V. Wiggin, 1(1,').
King V. Franklin, 8(i,
mmm
VI.
CASES CITED.
Kewley v. Ryan, 164.
Key V. Cotesworth, 18, 112.
Kidston v. Empire Ins. Co., 36, 16.1.
King V. Glover, 71.
Kirehuer v. Venus, .36, .TO, 61.
Kirk V. Gibbs, 37.
Knell V. Hooper, 16.'>.
Koptoflfv. Willson, 12,47.
Lackington v. Atherton, 112, 11.3.
Lady James v. East India Co., 37, 58.
Laird v. Woodward, !I6.
Lake St. Clair v. The Underwriter,
124.
Lamb v. Burnett, 71.
Lambert v. Liddiard, 35.
Land et al v. Woodward, 95.
Lang V. Ande'rdon, 12.
Lingdon v. Horton, 185.
Langher v. Pointer, 145.
learned v. McKae, 47.
Laveroni v. Drury, 17, 34, 35, 46.
Ijaw V. Hollingworth, 145.
Lawrence v. Lydcbothani, 35.
Leathaiii v. 'I'erry, 61.
Lebean v. ({enerat Steam Navigation
Co., 17.
Lee V. Keacli, 165.
Leeds V. Wright, 1 1 3.
Leer v. Yates, 94, 95.
Leideman v. Schultz, 12, 37, 95.
Iceman v. Gordon, 86.
Le Mesurier v. Vaughan, 164.
Lennox v. United Ins. Co., 105.
Leun V. Uudgeon, 34.
Levy V. Coaterton, .35.
Lichfield Union v. (Jreene, 111.
Lickbarrow v. Mason, 17, 112.
Liddard v. Lopes, 59, 95.
Limlandv. Stevens, 81.
Lindsay v. CJibbs, 61, 174, 177.
Lister v. Vanhnnusbergen, 96.
Littv. Cowley, 113.
Liver Alkoli C<>. v. Johnston, 45.
Lloyd v. Gen. Screw Collier Co., 46.
Lockhart v. Falk, 96.
Lockyer v. Offley, 35, 164.
Lnard v. Butcher, 62.
Lucas v. I>>rien, 112, 113.
Lucas v. Nockells, .36, 61, 62.
Lucena v. ('rawford, 1(W.
Ludlow v. The Columbian Ins. Co.,
166.
Luke v. T
Lutwidfi
Lyuiau t
19, 60.
y, 59,
. Ba
link U. C, 188.
I Lynx V. King, 72.
I Lyoerds v. Luscombe, 47.
I Lyon v. Mells, 34.
I M.
Mackintosh v. Mitcheson, 188.
Major V. White, 34, ;i5.
Mallard v. Duke of Argyle, 62.
Matthew v. Maverjani, 105.
Malton v. Nesbit, 86.
Mantields v. Maitland, 62.
Marsden v. Kei.
Morton v. Hutchinson, 124.
Mount V. LarkinM, 12, '^*>.
Mucklow V. Mangtex, UiS.
MuUer v. Bitcker, .W.
MuUer v. (iarnon, 60.
Mumford v. Coniinereial Insurance
Com^tany, 60.
Murray v. Moutrie, 71.
Mo.
Mc Andrew v. Adams, 12, liTy, 46.
McAndretf v. Chappie, 46.
McCalhim v. Odette, 12.5.
McCarthy V. Alwl, 61.
McConkey v. (Jorrie, ."{8, 47.
Mclionald v. .Jopliiig, 81.
MciEwan v. MtLe«Hl, 62.
MuKwan v. Smith, 112.
MciJaw V. Ocean Ins. ('o., iiO.
MoCirevy v. IlathlKine at al, 9.').
McKenzie et al v. Kirley, 174.
MacKrell v. Simond & Hankey, .58.
McLean v. Pfenning, 17, 'Mi, 61.
McLeod V. Elierts etal, 38.
McMannus v. Cricket, 82, 174.
McPherson et al v, Cameron, 47.
N.
Xatterstrom v. 'I'lie Hazard, 81.
Neave v. Pratt, 81.
\eill V. Kidley, H7.
Neish V. (irahaiii, 61.
Nesbitt V. LuHliiiigton, 104, 10>5.
Newbtirry v. Colvin, 11.
Newman v. \V alters, 845, l.S.5.
Newsom v. Thornton, ll.'{.
Niemann v. Moss, U'>.
Nitchell V. Ede, 112.
Nix V. Olive, U.S.
Noble V. Kenoway, HJ.'».
Northey v. Field, U.S.
Notara v. HenderHon, 'M, .37, 72, 73.
Nutt V. liourdieu, 15*2.
O.
Ogdcn V. (iraliiim. ."{.'», .5!!.
(►gg V. Sliuter, 1 12.
Ogle V. AtkinHon, IS, 112, U.S.
Ohrloff V. Briscoll. .S4.
Ollive V. Booker, 12, 46.
OUiver v. Fielden, .S4, 46.
Ontario Salt Co. v. Larkin, 37i
OppenlHjin v. Fry, 104.
Oppenheim v. Kussel, 112, 11.3.
Organ v Brodie, 82.
Osgood V. Oroning, r>8, 59, 61.
Ongier v. .Jennings, 35.
Oviatt V. Sage, 174.
Owston V. Ogle, 173, 177.
P.
I'addleford v. Bordnian, 105.
Page V. Fry, 164.
Palmer v. Marshall, .35.
Paradine v. Jane Alleyn, 37, 45, 46.
Parfitt V. Thompson, 164.
Park V. Hammond, 166.
Parker v. James, 35.
Parker v. Winlo. 95.
Parrish v. Crawford, 11.
Patterson v. Black, .S8.
Patrick v. Commercial Ins. Co., 166.
Patten v. Thompson, 111.
I'anl V. Eden, 80.
Paynter v. James, 62.
Pearse v. Green, 177.
Pearson v. (toachen, 61.
Peek V. Larsen, 12, 17, 37, 48.
Perry v. B. A. F. amlL. Ass. Co., 165.
Peters v. Warren Ins. Co., 105.
Pctries v. Aitcherson, .So.
Petrochino v. Bott, .36.
Pettegrcw v. Pringle, 12.
Petley V. Catto, 141.
Phillips V. Briard, 12, 178.
Phillips V. Clark, 18, M.
Pliillips V. Edwarils, 34.
Piiillips V. Headlam, 145.
Piiillip.s V. Nairne, 164.
Phillips V. Ko.
IVopellor Niagara v. C'onlcs, 72.
Provincial Iiia. Co. of Canatla v. Con-
nolly, !<).">.
Provincial Ins. (!o. v. .Etna Ins. Co.,
Km.
Pnllcr V. Stamforth, 47.
Putinan v. Wise, 174.
K.
Utic'kHtriiw V. NuIht, 17.'1.
I\ae V. Hiickctt, ,'{7.
Kiiiiie« V. \U'\\, Mi.").
Pvan.lall v. Lyncii, 'M. !»4. <>:>.
Kcdlicad V. Midland Railway Co.,
Itodnian v. Wilson, 71, 10'>.
Kedpiitli V. Allan, 14.1.
Uccve V. Dm vis, 1 2.
Keg V. Le^'gctt, 71.
Kegina v. lierrinian, 80.
Kcgina v. Daggtitt, S(}.
Kcgina v. Kortiur, .S(J.
Kfid V. Koskins, .'1.1, .'17, oO.
Ilex V. Xeal, 145.
Key V. Leggctt, SO.
lleynolds v. .lex, 71.
Hicli V. CV»e, 71.
Kich V. Knccland, .14.
Ricli V. Landtert, .'10.
Uic'liardson v. Caniplu'll, l.'{7.
Ivicliardson v. Moiirsi\ 100.
Ilicliardson v. Stiinton, l'2, .'{4, .'17.
Uidlev V. Tlic i'lyniouth lUkiiig Co.,
8'2."
lligliy V. Hewitt, SO.
Kint|ni«t v. I»itcliell, 71.
Uipley V. McLinc, .{7.
Kipley v. Scaife, .IS.
Uitohie V. Atkinson, 12, .I."), 40.
Kiti'liie V. C'owper, 177.
Roberts V. .laekson. 178.
Rolwrtson v. .lackson, 12, 0.").
llobinet v. The Kyo^.-r, 80, 81, 82.
Rohins V. Power, SI, 82.
Roltinson V. llawksford, 111.
llohinson v. Knights, ;'){(, 00.
Kohinson v. Lyall, 188.
Robinson v. Price, l(M>.
Rodger V. Comptoir, l>'Eseonipcto de
Paris, II -2.
Rodgers v. Poiresteis, .'17, !I4.
Rogers v. Hookei, 100.
Rodgers v. Uuuter, (kl.
IS, 1 1 -J,
Co., 112.
Rorex v. Salvador, 104.
Rowe V. Pickford, II 11.
Ruck V. Hatfield, 112.
Rusden, V. Pope, 00.
Russell V. NieniiiM. 40.
Russian Steam Navigation Co. v.
Silva, r.
S.
8.a(k v. Ford, M.
Salvador v. Hopkins, .'1.1.
Saiiilerniiin v. Srurr, 7'i.
I Sanders v. VanZclU'r, 00, !(4.
Sanderson et al v. The Kingston Ma-
rine R. W. Co., ISS,
Saiguy v. Hobson, 100.
I Siirgeant v. Morris, IS.
I .Saunders v. Drew. 0'2.
1 Scaife v. Tobin, KKi, l!»l.
Scarainanga v. Stamp, 71.
Seldoss v. lleri()t. 12.
Schuster V. McKcllar, 17,
1 1.1.
Scotsmans v. L. and Y. R.
Scott v. Cai'veth ct .d. 18.1.
Scott v. Mcitae, ISS.
Scott V Miller, 71.
Scott V. Peltit, II :i.
Seeger v, Duthie, 40, 47, 02, 9.1.
Seiveking v. Mass, ."{.l.
Seller V. Work, 100.
Servante v. James, 17.'!.
Stiton V. Law, 100.
Seymour v. (Jrecnwood, 174.
Sluidford v. C'org, 0.1.
Shiidforth V. Hig^in, 4(i.
Shakerly v. Peibi<;k, SO.
Slialler((ss v. Oldham, 71.
Shaud v. Saiidi!ison. .'10, 02, 00.
Shiirp v. (Jladstiiiie, (il.
Sharp v. t iray, 72.
Sliaw V. iJe Salaberry Navigation Co.,
IS.1.
Sliawe V. Felton, 104.
Sheparil v. Do llcanales, 00.
She|)ley v. Davi.s, 1 12.
Sliep])ard V. Kottgen, 100.
Sheridan v. New (^uay Co, .'lO.
Sjmrwood et ai v. Coleman, 184.
Sherwoo.
Shipton V. Thornton, .'i.l, GO.
Short V. Simpson, IS.
Sickens v. Irving, ;17, 50, 71.
Sitlkin V. Wray, ll.'l.
Sigurd V. Roberts, 81.
Simunda v. White, lUl.
CASES CITED.
IX
?
Simmons v. Swift, 113.
Simpson v. Thomp83n, 166.
Sioidet V. Hail, 46.
Skinner v. L. B. and S. C. R. Co.,86.
Slubey v. Hay ward, 113.
Small V. Moates, 61, 62.
Smith V. ]}ontcher, 178.
Smith V. OosM, 112, 113.
Smith V. McUuire, 35. 47, 95.
Smith V. Shepperd, 46.
Smith V. Sieviking, 61, 62, 94, 95,
Smith V. Steele, 145.
Smith V. Wilson, 46, 59, 60.
Smith V. Wright, 105.
Smurthwaite v. Wilkins, 18, 60.
Snydani v. The Marine Ina. Co., 166.
Soames v. Lovcrgan, 35, 46.
Soares v. Thornton, 192.
Soldergreen v. Flight Guildhall8it,36.
Soliahury v. Townson, 35.
SomeH V. British Empire Shipping
Co., 168, 185.
Sorensen v. The Queen, 113.
Soule V. RudoL-anchi, 72.
Southampton S. ('. Co. v. Clarke, 58.
Spalding V. Iluding, 112.
S. v. Blight V. Page, 37.
S. P. Clayards v. Dethick, 145.
Spence v. Chadwick, 46.
Sjiooner v. Western Assur. Co., 38,
106.
S. S. C. Co. V. Clarke, 47.
Stannna v. Brown, 192.
Staniforth v. Lyall, 35, 47, 59.
Sttuiton V. Austin, 35.
Stanton v. Richardson, 12, 34.
Steinhoir V. R. C. Ins. Co., 38, 106,
166.
Stephens ct al v. McDonell, 38, 106.
Stephens v. Price, 46.
Stevenson et al v. (iilderaleeve, 12.
Stevenson v. York, 94, 95.
Stewart V, B. and A. S. Nav. Co., 71.
Stewart v. (Jrenock Marine Ins. Co.,
61.
Stewart v. Rogerson, 37, 47.
Stilk V. Mayrick, 82.
Stiiult V. Uoherts, 94, 95.
St. John V. Bullivant, 185.
SUuer V. (Jordon, 46, 59.
Stratton v. Chattey et al, 120.
Strtmg V. Hart, 62, 111.
Struck V. Tenant, 94.
Struguell V. Fredricksen, 12.
Sutherland et al v. Bethune, 125.
SutUui V. Buck, 185.
Swainston v. ard, 47 .
Touting V. Huhltard, 40.
Tophamv. Braddick, 71, 177.
Torrance et al v. Hayes et al, 38,
Townley v. Crump, 112.
Towse V. Henderson, 34.
Train v. Bennet, 82.
Trent Nav. Co., v. Wood, 45.
Tripp V. Armitage, 168.
Tronson v. Dent, 3i8,
Tucker V. Humphi-ey, IIS.
TuUy V. Terry, 58.
Turner V. ft. W. R. Co., 125.
Turnery, T. T. of L. Docks, 113.
Turpinv. Bilton, 166.
TyneS. S. Co. v. Smith, 123, 124.
U
United Ins. Co. v. Lenox, 166.
I United Ins. Co , v. Scott, 166.
V.
Vulente v . (jihbs, 47, 95.
N'allance v . Dewar, 35 .
Vallego V . Wheeler, 165, 192.
Van Casteel v . Booker, 112.
X.
CASES CITED.
Van Every etal v. Grant, 185.
Van Every anenalty for
non-performance of any of tiie conditions, but this amount is not
binding and a larger sum can be recovej-ed if the damage amounts
to more, and vice vertm he can only recover the amount of actual
damage if the amount be less. (10)
In the case of the Kuloolah, the defendants advanced money to
the plaintiffs to enable them to place a steamboat between f^aginaw
and Uoderich and agreed also to pay |)art of each trii)'s expenses,
and they were to ap])oint and pay a puiser who was to live aVtoard
the boat and be under plaintifls' control. The plaintiUs sued the
defendants for moneys received by the purser and not paid over by
him.
Held that the purser M'as under the plaintifTs' control and that
they could have dismissed liim under their agreement, and that the
defendants were not liable for the freight received by him. (17)
When a ves.sel about to sail is advertised as a general ship, an
intending shipper is not bound to imjuire as to the existence of any
charter-party. (18)
When the owner of a vessel has an opportunity of examining
goods shipped on board of her, no wari'anty can be implied on the
part of the owner of the goods that they are fit to be carried on
the voyage. (19)
In every contract for the conveyance of merchandise by sea. there
is, in the ab.sence of express provision to the contrary, an implie<.l
warranty by the ship owner that his ve.ssel is seaworthy. (20)
The intention of the parties as to the law of which country should
govern the contract must be gathered from the circumstances of
each case, /'rinii I'wie the law of the country where the contract
is made governs. (21)
When a ship owner contracts to carry goods without excepting
any risks, he is bound to deliver the goods as agreed. (22)
The ownei's of ships which are engaged as general traders are
CHARTERS.
IW
liable as coinmon carriers, equally with thoso whoHe vessels only
carry gocnls between certain i\amed ports. (23)
Charters, no matter of what size, should always be in writing aixl
signed by both parties. The following form of a charter can, with
slight changes, be used in most cases ;
(Place anil date.)
It is tliis day mutually agreed l)etween of
the gocMl ship or vessel called the
of
of tlie iiieasureiiient
ami
tons, or tliereahouts, now at
of
^nerehants, that the saiil ship Iteing tight, staum-h and strcng, and everj' way
fitted for the voyage, shall, with all convenient speed, sail antl proceed to
or t)o near thereunto as she may safely get,
and there load from the agents of the said
not exceeding what she can reasonably stow and carry, over and alwve her
tackle, apparel, provisions and fmniiture ; and heing so loaded, shall there-
with proceearties.
Unless otherwise expressed, the custom of trade in general, or of
the particular trade or ports to which the contract relates, are always
applied thereto.
Contracts to charter are generally made with the master of a ship,
and in such cases both he and the owners are severally bound for
the performance thereof.
NOTES.
(1) Dean v. Hogg, 10 Bing 345; Christie v. Lewis, 2 B. & B. 410; Belcher
v. Capper, 4 M. & Gr. .W2, .'>41 ; Parrish v. Crawford in 4th Ed. Abbott on
Shipping, P. 22 ; Huttou v. Bragg, 7 Taunt 14 ; Newberry v. CJolvin, 7 Bing.
12
FREIGHTING
100; Newlierry V. Colviii, 8 II. & C. HiO; Reeve v. Davis, 1 A. k E. .SI2 ;
L. J. (C. P.) 209, as to where the shipper thinks he
is criiitiactinf; with original owiior, not knowing of chafter. See also I'eck
V. I^arsen, L. I!. I'i. I'lii. ."ITS.
(•2) ('-.rklinj,' V. Masscy. L. !!. S, C. I*. 39."); llehn v. Burness, li'I L. .1.
Hi. H.) 204.
(.-<) Ollivo V. IJookcr, 1 Kxch 410; Diniedi v. C'oilett, 12 Moore, V. ('. 11»9.
(4) SclUoss V. Heriot, ;i2 L. .1. (C. 1*.) 211.
(."») Worms V. Storey, 2.') L. .1. (Kx.) 1 ; 11 Kxch. 427; :M & 3") Vict., C.
10, S. 11.
(0) Stjinton V. Itichardson, Richardson v. Stiinton, L. R. 7, C. l*. 421 ;
Havelock v. (ietules, 10 Kast .Vm.
(7) Stanton v. IJidiardson, L. 1\ , 7 ('. I'., 421, per Bovile, C. J.
(8) Ritchie V. Atkinson, 10 Kast 29."); C'arr y. Wallachain I'etrolenm Co.,
L. R. 1, C. I'. (i.S(i.
(9) Jones v. Holm. L. U. 2, Kx. XIk
(10) Oeneral Steam Navi^'ation Co. v. Slipper, .11 L. J. (C. I'.) IS."); Strug-
nell V. Friedrichscn. 12 C. M., X. S. 4.")2.
(11) Per Tindall C. .1 . , Mu Andrew v. A.lanis, I Ring, N. C. 29 38 ; Mount v.
Larkins, S Ring. lOS.
(12) Davis V. (lanctt, (i liing. 7K1: Ficcnian v. 'iaylor, 8 Ring. 124.
(l."{) Moir V. Uoval Kxciiangc Assurance Co., 4 Camp 84; .3 ^f. & .Sel.,
401 S. ('.; I'uttcgrew v. I'ringle, ;} H. iV Ad. .")14; Lang v. An liing., N. C. 121; Renson v. Schnider, I Moore 21 j
Cuthhert v. Cumming, 1 1 Kxch. 40.").
(IT)) Hudson v. Kdc, L. U. 2. <). R. ")0() ; Hall v. .Tanson, 4 K. & R. ")04 ;
Phillips v. llriai'il, I H. iV: X. 21 ; IJliickett v. l\oyal Kxehange Assurance Co.,
2 Cr, and .1. 244: KUet v. Murton. L. U. 7," <,». R. I2(); Hutchinson v.
Tathani, L. |{. S, C. P. 4S2; (larhrier v. McCuteheon, 4 Hoav "):{4.
(10) Harrison \. Wright, 13 Kast .•{43.
(17) N'anKvery A lUnnhall vs. the Mutlalo and Lake Huron U, W. Co.,
20 y. R. o;!o.
(18) Peck V. LarMi. IJ L. l!., K.|. .'wS: 40 L. .)., ( h, 703: 2.") L. T. 580;
19 W. R., 104.") it.
(19) Acatos V. Burns, 3 Kx. D. 2S2- 47 L. T., Kx. aOti; 2() \V. R., 024-(\ A.
(20) Kopitortv. Willson. 1 i). 15. D. .377 : 4.") L. .1. Q. R. 4.30 ; 24 \V. U., 700.
(21) The Wilhelm Scmidt. 2.") L. T.. .34 Adm.
(22) Stevenson et. til. v. ( lihh'rsleev.-, '2 I'. P. 49."); Crafford v. Rrowne
et. al. II g. B. 90: Warran v. Wilson, 00 S. 4.3.").
(23) Hearle v. Itoss et. id., 1.") (). W. 2.">9; Waddell v. McRrhle et. al., 7 C
P. .382.
FREIGHTING.
13
• PART 11.
IHLLrS OB' LADINtJ.
When a vessel is advertisfMl as a f^oneral sliip tV»r a i)artit'ulai'
voyage, she is inteniled for a iniscellaneous cargo eoiiijtosed of the
goods of any person that chooses to ship, and tht; freight contract
actually made is usually with the master, Init Itoth he and his
owners are separately hound to the pert'ormiiiice of it.
The seaworthiness of the ship is always implied in every contract
of above nature and damages can he recovered for injuries sustained
on account of her not being so. (24)
The owner of a general ship is iniiiKi, facie a common carrier for
hire, and for loss or damag<^ of goods carried by him he is liable in
the nature of an ui.surer, unh'ss such liability is moditied by the
contents of the 15111 of Lading. (•_*•"»)
IJills of Lading are to bo signed by the muster of (lie ship, whether
the contract is by charter in writing or other wi.se. (JT)
The usual custom is for the master, mate (ir clerk, or per.sons
checking the goods as they are sent al>oard, to ^ive a rec(uj»t for
same, and the master, on such receipts being given up to him, signs
the Bills of Lading.
Bills of Trading are generally made up in three parts exactly alike,
all three of which are to be signed by the master. One part is ke|)t
by the muster ; one part is seni l>y pnst lo the lonsignee of the
goods, and the third is kept by I lie sliijipei' uf' the Lioods. •_'('»
In .some cuses a fourth part of the Itill of Lulling nuiy be reipiired
for the .shi[) owner.s, and there is no leuscm why samt; shoi.'d not be
given. (-Ml)
The master is the person to sign the I'.ill.s ol' Lulling, and is bound
to sign for goods he ha., received I ir lie must put the goods ashore
without expense to the shipper; but the owners of the shi|» are not
14
FREIGHTING.
bound by Bills of Lading signed by the master for goods he has
never received, even to a holder for valuable consideration without
notice. The master, however, is himself responsible to such latter
holder. (27) .
A Bill of Lading is an acknowledgment of the receipt of goods
mentioned therein, and is also evidence of a contract to carry the
same safely and deliver them at the port of destination mentioned,
to the person or his assigns upon the terms mentioned therein. (28)
Where there is a dispute about the quantity or condition of the
goods, or if the contents of barrels or packages are unknown, the
wording of the Bills of Lading should be varied to correspond before
they are signed. (29)
Where anything is delivered to a person to be carried, it is the
duty of the person receiving it to ask such questions as may be
necessary. If he does not and there is no fraud to make the thing
appear different from what it really is, he is bound to carry it as it
is. (29)
In the case of goods put aboai-d a ship without the knowledge or
eonscnt of the master or owners, thjii.s," must be used to transfer a
legal title to the goods by the bill of lading. (36)
There can l»e no complete dt^livery of goods until tliey are ])laced
under the dominion and control of the jtenson wh<» is to receive
them. (37)
The master should see in «>a('li case that it is expressly set out in
the bill of lading how and to wliom the cai'go is to be delivered, and
he sliould take great care to follow all the stipulations in the bill.
*" Even when the consignee sends his own vessel or one chartered
by him for tlie goods and tlu-y are delivered on board, the master is
still bound to delivt'r them according to the bill of lading. (38)
If the goods are stated in the bill of lading to be shipped on board
a steamship, it is part of the contract that the principal motive
})Ower is steam, and the mere using steam as an aid to sails will not
answer. (39)
Although certain perils are excepted in the bill of lading, it is
still the duty of the master and crew to do all they can to guard
'■
16
FREIGHTING.
against such jierils by all reasonable skill and care, antl where damage
occurs through such perils but on account of the negligence or fault
of the master or owners, the owners are liable. (40)
By 31 and 32 Vic. C. 119, S. U, it is enacted that "Where a
company by through booking contracts to carry any animals, lug-
gage or goods from place to place, partly by railway and partly by
sea, or jiartly by canal and partly by sea, a condition exempting the
comjmny from liability for any loss or damage which may arise
during the carriage of such animals, luggage, or goods by sea from
the act of God, the Queen's enemies, fire, accid(!nts from machinery,
iKjilera and steam, and all and every other dangers and accidents of
the seas, rivers and navigation, of whatever nature and kind soever,
shall, if published in a conspicuous manner in the ottice where such
through booking is effected, and if printed in a legible manner on
the receipt or freight note which the company gives for such animals,
luggage or goods, be valid as jtart of the contract between the con-
signor of such animals, luggage or goods and the company in the
same manner as if the company had signed and delivered to the
consignor a bill of lading containing such condition.
" For the purposes of this section the word " comjtany " includes
the owners, lessees or managers of any canal or other inland
navigation."
Where a bill of lading states that the deck load was to be at the
risk of the owners, it was held that the risk was to \)v that of the
owners of the goods, not the owner of the vessel. (41)
Section 3, chapter 19 of 33 Vict. ()., which makes a bill of lading
conclusive evidence of the shipment of the goods as represented
therein does not apply to cases between masters of vj'ssels and
owners of goodp, but only to those lietween masters and consignees
or endorsees of bills of lading for value. (4l') ■
The Bill of Lading Act, 33 V'ic, chap. 19, does not apparently
create any estoppel as to the condition in which goods are when
8hip|X3d. (43)
I
When a bill of exchange was .sent to a certain bank for collection
and remittance, and a bill of lading for 10,000 bushels of wheat was
f!
BILLS OF LADING.
17
! damage
1 or fault
Where a
nalH, luj?-
partly by
ipting the
nay arise
' sea from
mchinery,
jcideuts of
nd soever,
vhere such
manner on
•h animals,
en the con-
iny in th(!
ered to the
y " includes
ler inland
be at the
that of the
ill of latliiig
represented
vessels and
1 consignees
apparently
Is are when
n- collection
If wheat was
sent with same, held that the bank acted properly in giving up the
bill of lading to the consignees, they being the drawees of the bill of
exchange and having accepted same. Special instructions to retain
the bill of lading until the bill of excliahge was paid, should have
been sent if such was desired. (44)
The following form, with slight changes to suit each ])articular
case, will answer for most IJills of Lading :
Sliipped in g«M>e paid for each day's delay for which the ship is not re-
sponsihle.
In witness whereof the inast'^r or purser of the said ship hath affirmed to
three Bills of Lading all of this tt^nor and date, the one of which three hills
being acconipli.'^hed, the other two to stiind void.
I)at<-d ut
NOTKS.
('24) Blythe v. Smith. .'. M. ami (Jr. 40.'..
(2.1) ("oggs V. Bernard. 2 Ld. Kaym. «M)!>, JUS; Dale v. Hall, I Wils. 281 ;
Laveroin v. Drury, S Kxch. UMi ; (iillespy v. Thompson, 2 Jur. N. S. 712 N.;
Bennett V. P. * (). Steaiii»M,at Co.. (} V. B. 77."); Abb. Ship. 2.")(i : Dale v.
Hall, 1 Wils. 281.
(20) Lickbarrow v. Mason, 2 T. W. iVA, 72.
(27) Peck v. Liiiscn. L. P.. 12. Ivi. .TH; Folk v. Fletcher, lU L. J. (C. P.)
14»); McLean v. Fleming, L. K. 2 Ho. of Lords (Se) 128; (irant v. Norway,
10 C. B. m:>; Brvans v. .Nix, 4 .M. and W. 77") : British Columbia Mill Co. v.
Nettleship, L. Pv.' ;» C. P. 4JM); Cnivcii v. Ryder. (I Taunt. 4.'W; Fragano v.
Loii^f, 4 B. and C. 210; Thoinpsoii v. Tniiil, 2 C. and P. .S.'U; ,Schuster v.
McKellar, 7 K. ami B. 704; Comasjee v. Thompson, ."> Moore I'. C. 10,").
(28) Russian Steam Navigation Co. v. Silva, 1;{C. B. N. S. 010; Brown v.
Byrne, .'{ K. aii.l B. 70.'«: Falkner v. Farlc, ;<2 L. .). (<}. B.) 124; The Norway,
'A Moore P. C. N. S. 240; Cahlwell v. Ball. 1 T. R. 20.-., 210; Foster v. Colby,
28 L. .J. (K\.)8I.S.-..
(20) HaWNKI{,S, MEllCHANTS, MASTEUS, (^'C.
The linst thitv of the owiu'i's and inastei' is to jn'ovitlc a vessel ti<,'ht and
stanneh and strong', ]»rovier cargoes, usually recieived on thi' rail by the master and
•stowed l)y him and unlcjaded by the master.
Package freight generally received (in the wharf and [tlaced on tho
wharf by the slii]) owner and master.
Cedar posts and ties of all kinds ure usually received and delivered
on tlie rail by the master.
Xotwitlistanding the above customs, however, therc^ are so many
local customs prevailing at diH'erent jmrts and in different trades, that
it is always better for the fidl l)argain to be made at the time of
chartering and not leave ]»art to lie fornuMl by the jirevailing custom.
The words "free in" or "free out" inserted in a charter after tho
freight rate always mean that the vessel owner or master is to bo
DUTIES OF SHIP-OWNERS, MERCHANTS, ic. 21
relieved from the loading or unloadin;,', and vests on him merely the
rcisponsibility of placinj,' his vessel in a Ht place in proper condition to
l)e loarled or xinloadcd as the case may be.
It is in all ciises the duty of the master to provide rojtes and other
tackle proper for takinj,' the goods on board, unless, of course, ex-
pressly stipulated otherwise in the charter-party. (8)
Where cargo is accidentally injured in letting it down in tlu; hold
of the vessel, the vessel must make good the loss unless the merchant
is loading. (9)
The ship must also Ite furnished with proper dunnage, ctmsisting of
strips of wood placed against the sietween particular states.
DUTIES OF MERCHANTS, SHIP-OWNERS, &c. 23
The followiii},' is a list of tliose he slioultl havi; uii l)t)aitl :
1. The ciTtiticate of rcLjistry of the vessel.
2. The lny the freighter, the master is hound t'l wait until the end
of same, if retpiested liy tlie frei,L,ditfr sn tn do.
Of c(mrse where he is disc.harj,'ed from ahove duty l)y the freifjihter,
or some authori/ed person, he can leave. (21)
Whore time is not mentioned the mastiT nnist wait a reasonahle
time for the carj^o. (22)
It is the master's duty to notify tlie nurchant when lie is ready to
(
■'
'■
1 •■
I
1
1
1 ,
'-! ;t
■y
"^
24
FREIGHTING.
roceivo carj,'(>, unless he is to receive a carj^o from a ihtsou to whom
he has just delivered one. (23)
The time he was to wait having; expired and all tliinj,'s lieinj,' reatiy,
the master shall c<»mmence his voya<,'e without dcday, the weather
heing 'favorable, I)ut on no account whilt; it is stormy. (24)
Some ancient marine ordinances recpiire a master to consult his
mate, pilot and others of the crew as to the weather before leaving
l>ort, but under the English flag the master has the entire control,
although it is generally advisable foi* him to consvdt his officers.
When the master has commenced his voyage his next ihity is to
jtpoceed to his destination without delay or deviation 1)V the shortest
and UKjst direct course visually taken by vessels on the same voyage.
Tlie above duty is imi)lied in all freight contracts and marine in-
surance policies. (25)
The above duty may l)e modified in the case of a jtarticular voyage
by common and established custom or usage, and of course special
agreement in the charter can alter same.
A breach of above y ^larine Insurance Law, where several ports ww referred to
without name they are to be calleil at as they come in their gei (graph-
ical order, if named however, in thf order meiitioncil, unless usage
has established a ditt'erent succession, or the objects of the charter-
party and the clear intention of the i)arties justify another coursi'.(27)
Wliere the ]tort (»f delivery is to be named afterwards, it is implied
by law in the contract with the ship owner that the port to be named
for delivery of the cargo shall be such at the time of entry as the ship
may enter witlumt comjiromising her safety.
If a vessel's destined ]>ort be i't the time under blockade, or the
port of an enemy at war with the country of the ship owner, he is
I t<» wlinlll
■in;,' riMuly,
e wi'iitluT
consult his
rm- U'iivin^'
ire fontrnl,
ict'i's.
duty is to
,lic shortest
lilt' voya;;;*'.
niiirini' in-
;iihir voy!iji;e
)UVSC' S|H)cilll
[•pair of the
uircs it, hilt
no ^^'rcatcr
ISC th'niantl.
in;; <»l)li^farty, after waiting a reasonoble time, unless
otherwise directed in the charter. (30)
In tlie case of calling for onlei-s, it would always be advisabh^ for
the master to telegraph, if jiossible, for same to the person from
whom he expects to receive same.
If the master ctintiniies the voyage after he knows the vessel has
beiMime iiiiseawortliy, and without repairing her, although he has oj*-
portunity of doing .so, this is a breach of his contract, and he and his
owners are liable for any loss or injury to the cargo conae(pient
thereon. In such a case the ship owner is l)ound to rei)air if he has
the opporttmity, or, at all events, the vessel is not to sail in an unsea-
worthy state. (31)
When' the ship is so liadly damaged, or in such a ])osition, or is so
far removed from a suitalile jilace to repair, or where the nqiairs would
cost more than tlu; value of the result when produced, the aiastei
may give uj) the cargo to the freighter and close the exjiedition, thus
losing the wliole of his freight ; or where he intends to rei)air he may
retain the cargo for a reasonable time, finish his repairs and jiroceetl
to his destination.
If the cargo is jierishable or so damaged as to be in danger of
])erishing, the master should give up the cargo to the charterer or his
agent ut the port of distress.
AVhere he cannot communicate with the freighter or his agent, he
should sell all cargo on the spot that will jierish and otherwise Itecome
a loss to the freighter.
Where only a reasonable ami^unt is required to restore the damaged
cargo to a tit state to be carried on to its destination, he sliould under-
I
m
26
FREIGHTING.
taki' siiul t'XjH'ii«u iiiiil ciiiv at tlic rliaigi' of llif (iwiii'r of the caryo,
but if possiMtf slumltl first iMtiuiiiunicate with him.
Instwul of kt'epiiij,' and carryinj; <>i» tlin uar^'o in his own vessel
wlieu she is rendered seaworthy, lie may tranship it, if the state of
the carj,'o permits, and seid it on to its destination, either mult r his
own eontraet, so entitlin;;, himself to the frei;rht, or on ludialf of the
charterei'.
The particular facts of each case iimst determine who is responsilde.
and liahle for anythin<,' done under altove circumstances, Imt the
master must, when possible, take one of above niethoils to protect the
carifO, EXCEl'T IX case he can communicate liV TEI-E(iRAPH OR OTHEH-
WIHE WITH THE CHAKTERERS.
Tt is the master's duty us a<,'eiU; of the owner of the car;^'o to act in
the case of distress for the best interest of all concerned. If there be
another vessel in the same or a near port Avhich can be chartered at a
reasonalde tijrure, the master should hire it to carry the t-.w^o to its
destination when his own vessel will not lie able to (h> so, at least in
proper time ; but still the master is to exercise a s(»und discretion
adapted to the ea.se. {IV2)
The master is bound durinjj; the voyage to take all reasonable care
of the caring common carriers are responsi])le for
jfoods stolen or endtezzleress stipulation and ajfreenieut m the charter, ov
bill of lading, or otherwise.
When a consignee sends a lighter to reeeive tlu; goods, the master
is not bound to take care of the lighter after it is fully laden, until it
can be properly removed from the ship to the wharf. (49)
If the goods ai'c not taken as soon as tlie master is ready to deliver
them, he is bound to wait the stipulated numl»er of lay-days and dajs
luider demurrage, or, in the abstnice of stipidation, a reasonable time
before he warehouse the goods, fur the bi-netit of those concerned,
sidyect to the ])aynu'nt of freight ami diarges due to the owners »»f
the ship. (50)
The master and owners when a ship reaches her destination, being
bound to make a coiniilete delivery of the cargo, are liable when there
is a deficiency or shortage. ^Vny surplusage belongs to the
consignee. (51)
Where a master is not allowed to land his cargo, or where having
landed it hc^ is oltligetl l»y the autiiorjties to reship it, he cannot throw
it into the sea, but he is bound to do the best for it with a view to
the freighter's interest, even if he has to take it back to the port of
departure. Of course in such a ease he can charge for his extra
trouble and work. (52)
A freighter who has liired a ship so as to be entirely under his own
charge anrt, or a statutttry re<^ida-
tion about the succession of turns for loading, or otherwise, and
nothing apjjcars in the contract contrary to same, the merchant is nf)t to
blame for delay, provided the vessel is loaded acconling to the custom
or regulation. (56)
Where there is d^day caused by a circumstance wliich was known
to both parties at the time, they are presumed by law to contract
with reference to such circumstance, and allowance for delay is made
accordingly. For instance, a strike c'unong the stevedores, or in a coal
mine, etc., etc. Where, howevr, delay is caused by circumstances
arising since the contract Avas made, and not ]»i-ovided for in it, the
parties are bound t, or an indemnity ;^'iven a!.;ainst the conse(|uences of not jier-
formin;,' the orij,'inal contract. (()<»)
Where the carj^'o was loaded unth'r a deception of the ship owner,
or h(! insists on new conditions not ori;;inally stipulated for, the alxive
is not the cii«e. (67)
Whore the master, for rea.sons connected with the vessel, unloads
the cargo into tiw liaiids of tlie freighter a^'ain, the latter isnotl»ound
to reload saiue, havin;,' once performed his coiitrait, exce|»t where the
cau.se of uidoadin;4 has 1 n excepted in the contract. ((IS)
The frei;^dder oi ronsi^^nee is hound to watch for the arrival (d' the
ship, (not Itein;; entitled to notice tiiercof from the mastei), and t<» he
reaily to receive tin- car;,'o within a rea.sonaltle tiuie alterward.s, or
within the stipulated lay days. ((»!•)
A freij;hter is not entitled to aliandou the caryo hecause dunuiged
and refuse to pay the frei^dd. (70)
The refusal of the fri-i;.ditcr to receive the e;iino must he clear and
decisive, and ;;iveii when the mii>tei is ready lo deliver in order to
relieve the latter from his eontract to deliver. (71)
Where a frei;;hier's a^eut ahroail, without any authority, substitutes
and performs a tliU'ereni lontract from that in the charter, the former
may repudiate the transaction and refuse to receive the eooods. (72)
Where a v«HKy reason of her draught of water, always
lie and discharge aHoat " without heing lightened, even if she can he
lightened with reasonable dispatch and safety, in the immediate
vicinity of the port or in the port itself. (74)
It is the duty of a captain not merely to deliver the goods on the
wharf, but as fp' ■": possible to separate the goods of different
owners, so ao to render them handy to their respectiv(^ owners. (7'))
Where after inquii-y, the consignees or endorsees of a bill of
lading •.•annot b(^ found, the duty of the carrier is to retain the goods
until they are claimed, or to store them prudently for the owner.(7C)
The duty of j.r- Idin, u,.;;', making proper use of sufficient means
for the discharge of a ( ';^ ' iien a .ship is n^udy to discharge lies
upon the cliai terer. This ge;iOial duty, however, may be changed
or varied by uhe chcter or by t;:'* vh'cunuitances of the ca.se.
Where, in a charter, a J xrU t-ei agi '• !=i fo di.schai-ge the ship with-
in a fixtjd ))eriod «)f time, he is 'uouixl t<» do so, whatever may be the
nature of the impediment which j)revents him from jierforming it.
When the agro«Mnent is that the charterer shall with all dispatch,
according to the custom of the i)ort, unload the vessel, he has piT-
formed his part of the agreement if he employs all the usual methods
of dispatch at the i>o t. (77)
Where loss by dangers of navigation is excepted in a bill of
lading and the ves.sel is lost in a storm, the, master must jirove the
loss by the stonu, and it then lies on the merchant's part to prove
want of skill or negligence on those in charge of the vessel. (7f<)
Whei'e a vessel was chartei-ed to go to Willie's I5ay, to carry a
load of wood to Cobourg, the charterer stating thejc was sullicitjnt
water to enable the vessel to ajtproach near enough the shore to be
loaded with .scows, when the fact was that there was not sufficient
water, the chartei-er was liable. (79)
Where it is tlu; usagt; of the trade to cany a deck cargo in inland
navigation, and such usage is known to the chartercsr, th(! mp,.ster or
ship-owner is not liabU; for a part of the deck cargo swept off in a
storm, the bill of lading e.xceptinj; the dangers of na\ igation. (iSO)
DUTIES OF FORWARDERS, WAREHOUSEMEN, itc. .13
Where, on account of stress of weather, a vessel has to seek
shelter in a lialf-way port wliere she tranships her cargo and sen«ls
it to its destination by another vessel, the tirst vessel is j)resuiHe(l to
be tlie carrier throughout. (81)
Where a ship agrees to deliver a cargo at .so much per ton, barrel
or package as the ca.se may be, the vessel will have to pay all dues,
etc., as the mercliant is entitled to have his goods delivered at the
jdace appointed free from all expenses, except the rate of freight
mentioned. {X'2)
Where a ves.sel took on cargo" at Port Credit foi- Quebec, and
without informing the shipper went t(» Oswego and finished loading
there, and was wrecked after leaving there, it was held the vessel
was liable for the Port Credit goods, as the dexiation was beyond
the ordinary u.sage of trade. (S3)
The discretion a forwarder may use in the time, mode and place
of shipping goods depends upon the facts of each case. (84)
Where a forwarder tleviated from his instructions as to the i-oute,
but afterwards told the shipper's agent, who made no objection, he
was held liable, but it would be otherwise if he liad told the agent
l)efore the change and the agent hail authority to allow the
change, (85) "
W here goods are put into a warehouse to be kej)t until the freight
is jiaid and bill of lading jjresented, the warehouseman is justified in
delivering the goods to the person who is named as consignee or in-
dorsee of the bill of lading, on his presenting same in proper shape
and paying freight, even wh»>re one of the other parts of the bill of
lading has been properly indorsed to third parties for valuable con-
sideration, provided the warehou^xnian was not aware of such
transaction. (80)
A warehouseman or forwarder who recei\es goods from a ship to
deliver same to other ))arties, is the agent of the ship-owner to de-
mand and receive the freight, even after the cargo has been delivered
by him, unless there is something in the contract or circumstances
otherwise, and he has a right to retain the goods until the freight
has been paid. (87)
When* a person (Uilivers a parcel to carry to a ]»erson on board a
flijl
r~%
-T-^ I
i
i
1
I
34
FREIGHTING.
boat, not as to a sorvant of the owners, but to be carried by such
person himself, either for reward or otherwise, the person so en-
gaging to carry it is alone responsible for its loss. To render the
owners of the boat liable, it would have to be proved that the parcel
was delivered to an employee of the boat as such, and that they did
not exhibit that care which a prudent man would take of his
own goods. (S8)
NOTES.
(1) Ly(Hi V. Molls, 5 Kiist 427; <>il»Hoii v. Sniiill, 4H. of Lds. Xi'.i; Havelock
V. (JoddcH, 10 Kast ").•{(>; liLMllioiul v. Midlaiid Railway Co., L. R. 2 Q. B. 412;
C:oH'8 V. Bernard, 2 Lord Uayiii. '.MM), i)18; Dale v. Hall, i Wills. 2S1 ;
Laveroiii v. Dniry, 8 Kxeli. I(i(i; 'riioiiipson v. Oillespie, 't K. and B. 209;
F'awcus V. SarsHeld, ,"> K. and B. 192; Stiiiitoii v. Kicliar) Fragano V. Long, 4B. and C. 219; Cooke v. Wilson, I C B. (N. S.)
JoN; Molloy, 15k. 2, C. 2, S. 2; Roccus, Not. 88; Corhan v. iJowne, o Esp.
41.
(7) Morse V. Slue, I Vent. HM), 2;]8; Rich. v. Kneeland, Hoh. 17, 2Cro.
330; Coggs V. Bonianl, 2 Lonl Rayni. {R19, 918; Rarclay v. V'Oana, 3 IJoug.
389.
(8) Maclachlan on Shipping .18(5.
(9) (iott V. Clinkard, 1 Wills. 282.
(10) Maclachlan on Shipping, 38(i; Towsc v. Henderson, 4 Exch. 890;
Kintor's case. Loon 4(i.
(11) Angh) African Co. vs. Lanized, L. R. 1 C. I'. 22(i; Sack v. Ford, 13
C. B. N. S. 90; .Sack v. Ford, 32 L. .1. (C. P.) 12.
(12) Bhiikie v. Stonihridgo, 28 L. .1. (C. P.) .•V29; (iilki.son v. Middleton, 26
L. .1. (C. P.) 209; S. C., 2('. li. (N. S.) 1.34; (iillo.spio v. Thompson, 2 Jur.
N. S. 712 N.; Alston v. Herring, II Fxch. 822; 2."> L. .1. (Fx.) 177: Hutchin-
son V. Onion, 28 L. .1. (C. P.) 03.
(13) Major v. White, 7 C. and P. 41 ; Hovile v. Stei)honsou, 4 C. and P.
409; lilaikie V. Steniliridge, 28 L. .L (C. P.) 212; in error, 29 L. .). (C. P.)
212; Swainston v. (Jarrick, 2 L. J. (Fx.) 2't'>.
'' ' -i' ■ ^
DUTIES OF SHIP-OWNERS, MERCHANTS, &c. 35
(14) Bliiikie v. Stembridge, 28 L. J. (C. P.) 320, 331; Petries v. Aitcheson,
1.-) Fac. Coll. 45)3.
(1.-)) Major V. White, 7 C. ami P. 41.
(10) Couch V. Steel, 3 E. and B. 402; Ritchie v. Atkinson, 10 East 2fl«.
(17) Cunanl v. Hyilc, 29 L. J. (Q. B.) fi; Havelock v. Haneill, 3 T. K. 227 ;
Lookyer v. Ottey, I T. K. 2.V2; Malloy, IJk. 2, C. P., S. 7; see Maclachlau
uu Shipping .'{SiS.
(18) Falk V. Fletcher, 18 C. P.. N. S. 403; .34 L. .1. (C. P.) 14(i.
(10) See 2 ArnonhlH Ins. nsO; Wornm v. Storey, 2.'> L. .1. (Ex.) 1 ; 11 Exch.
427.
(20) Le\y v. Costerton, 4 Camp. 389.
(21) Smith V. Mc(iuire, 27 L. J. (Ex.) 465, 672; Soames v. Lovergan, 2 B.
and C. r)(}4; Harries v. Edmonds, 1 (-. and K. 68; Barrick v. Buba, 2 C. B. (N. S.) r)ewar, I C'wnip. 503; Ougier v. Jennings, 1 Camp. 505; Solisbury v. Towu-
son, 1 Burr. 341.
(27) Clason v. Simmonds, 6 T. R. 533; Beatson v. Haworth, 6T. R. 531 ;
Marsden V. Reid, 3 East 572 ; (iardner v. Sevhouse, 3 Taunt. 16; Bragg v.
Anderson, 4 Taunt. 229; Lambert v. Liddiard, 5 Taunt. 480; Ashley v. Pratt,
16 M. and W. 471.
(28) Ogden v. (Uaham, I B. and S. 773; 31 L. J. (Q. B.) 26; (Jeifel v.
Smith, L. K. 7 Q. li. 404; The Teubmia, L. H. 4 P. C. 171.
(29) Lawrence v. Lydebotham, 5 East 45, 54 ; The Beaver Conner, 3 C. Rob.
292.
(.*W)) Sieveking v. Mass, 25 L. J. (Q. B.) 275; (in error) 25 id. .358; 6 E. and
B. 670; The Teatonia, 4 P. C. 171.
(31) Worms v. Storey, 25 L. J. (Ex.) 1,11 Exch. 427 S. \.;.; Hollingworth
v. Bro(hick, 7 A. and E. 4 ; Blasco v. Fletcher, .32 L. .1. (C. P.) 284.
(32) The Bahia Br. and L. Ad. 292; Cammell v. Sewell, 3 H. and N. ()17 ;
(in error) 5 H. and N. 72S; V'lierltoom v. Chapman, 13 M. ami W. 2.30;
Duncan V. Benson, 1 Excii. 5.37: (in error) 3 Excii. 644; Hunter v. Prinsep,
10 East .378, 393; Siiipton v. Thornton, 9 A. and E. 314.
(33) Emerigon, t. 1. p. 377; Dale v. Hall, 1 Wils. 281; Laveroni v. Drury,
tiif
iri^
1
jlr
1
Jl
HI
36
FREiaHTINO
8 Kxcli. IW), 22 L. J. (Kx.) 2 S. ('.: Huiiter v. I'otts, 4 C'ainp. 20.1; Kay v.
Wheeler, L. K. 2 (". I*. MYI.
(34) Notiiia V. Hen.lersoii, L. H. ,"), Q. 15. :U(\, 7 (^ B. 22"i: Tioiison v.
Dent, 8 Moore I'. V. 4HI: Ki) Hyook ( <>., 14 M. and W. 794 ; ^'onter v. Colby.
28 L. .1. (Kx.)8l.
(40) Soldergreen v. Flight (iuildhall Sit. 1'. T. T. I79 K. and B. 7I."> ibid. 7.").
(41) Bernal v. Piin, 1 (iale 17 ; Code de Com. Art. :tt)7, .308.
(42) M. amlK. liiink V. (Jladsti.ne, L. K. 3 Kx. 2.33} Foster v. Colby, 28
L. J. (Kx.) 81 ; Shand v. Sanderson, ib. 278 ; Phillips v. Kodie, 1.') Kast ")47 ;
Birley V. (Jladstone, 3 M. and Sel. 20."» ; Faith v. Kast India Co., 4 B. an;tt), 042 ; Bishop v. Ware, 3 Camp. .3t»() ; How v. Kirchner, R Moore
P. C. 21 ; Kiruhner v. Venus, ."> .lur. \. S. 39.') ; (iray v. Carr, L. K. (i Q. B.
522; Kerford V. Mondel, 28 L. .). (Kx.) ,303; McLean v. Fleming, L. K. 2
Ho. of Lds. 128 (Scotch).
(43) Meyerstein V. Barber, L. 11. 2 C. P. 38; Mors le-Blanch v. Wilson,
L. U. 8 C. P. 227.
(44) 2.'>and 20 Vict., C. 03, S. 07, Sub S. I, 2, 3, 4, .") ; Wilson v. L. I. and
A. Stm. Navig. Co., L. K. 1 V. P. 07.
(4")) 22 an.l 23 Vict. C. 37, S. 2.
(45) 25 and 20 Vict., C. 03, S. (i7, Snlt S. 7; Bcresford v. Montgomerie, 'M
L. J. (C. P.) 41.
(40) 25 and 20 Vict., C. 03, S. 08, ()9, 70 ; Hammond v. McKee, 3 C. L. K.
1198 ; Kerford v. Mondel. 28 L. .1. (Kx.) 303.
(47) Meyerstein v. Barber, L. K. 2 C. P. 50.
(48) (Jatlifll'e v. Bourne, 4 Bing. N. C. 314; Petrocochino v. Bott, L. R. 9
C. P. .355 ; Warden v. Monrillgan, 2 Ksp. 003.
(49) Maclachlan on Shipping, p. 409.
(.50) Howard v. Shepherd, 9 C. B. 297 : (iatlitt'e v. Bourne, 4 Bing. N. C.
314.
(51) Bradley v. Duniface, 32 L. .1. (Kx.) in error 22.
(52) The Cargo Kx. Argos Brown v. (Jandet, L. R. 5 P. C. 135; 4 Ad. 13.
(53) Maclachlan on Shipping, p. 413.
DITTTES OF SHIP OWNERS, MERCHAXTS, &c. 37
(."(4) Kile v. Miukett. I'i M. iiii«l \V. 7-'4 : Woolley v. He7) Harris v. Drtf-smaii, 23 I.. .1. (Kx.) 210 : Hu.Ihoii v. K.le, L. K. 2 g. B.
.-)«>«: A.laiii,s V. K. M. S. I'. Co., 28 L. .1. (C. I'.) :W ; I'ara.line v. .laiui
Alleyn, 27 : Hills v. Snglirue, 1.") M. aii.l W. 2.-):<: S. P. Mliglit v. Page, ;{ B.
aii.l P. 2!>.'» N.; Ha.Uey v. CHarke, 8 '!". H. 2.1!l; IJarlur v. Ho.lsoii, 3 M. ami
Scl. 2(J7.
(.")H) Joliii.soii V. (irtavcs, 2 Taniit. .■{44; Kirk v. (lildis, 1 H. and X. 810;
Hills V. Sughrne, l.'> M. ami W. 2.">H.
(.">!») The Ailanis VA. Atl. 280 : The Fortnna. Veri.s.sinio, I Hoils. Ad. 81 ;
The Donna Maiianna, 1 id. 01 ; Tlie Diana, I id. 0.").
(HO) .Mitcheson V. Xicol, 7 Kxch. 020; (lotild v. Oliver, 4 Bing. X. C. I'M,
2 M. and (Jr. 208, 2 Siott \. Pv. 241 ; Xeill v. liidley. Kxch. 077.
(01) Cunard v. Hyde, 20 F.. .1. H). B.) (i ; Miteheson v. Xicol, 7 Kxeh. 929.
(02) .lones v. Holm, L. I{. 2 Kx. .'{.T. ; Cole v. .Meek, :W L. J. (C. P.) 18.S;
Thomas v. Clark, 2 Stark 4."iO. 4.")2 : Hnnter v. Fry, 2 H. and Aid. 421 ;
Windle v. Barker. 2."> L. .1. (<,». IJ.) ."UO : Lady .lames v. Kast India Co., M.
T. 1780 .\l.l.ott; (;il)lts v. (iray, 2 H. ami X. 22.
m) BrunH. V. Maitland. (i K. and B. 471. 2() L. J. ((.». B.) 4i» S. C; Farrant
V. Barnes, ,31 L.J. (C. P.) 102: Williams v. Fast India Co., ,•{ Fast 1!»2;
Alston V. Herring, II Kxili. 822; ;)() and ;{7 Viet., C. 8.-), S. S. 2.3, 28;
(iillespy V. Thompson, 2 .lur. X. S. 712 X.
(()4) Croneh v. The L. and X. W. 1!. Co., 14 C. B. 2.w, 23 L. J. (C. P.) 73
Se.; 30 and .37 Vict., C. 8."), S. S. 2."), 20.
(0.-)) Cocklmrn v. Wright, (i Bing. X. C. 32.!.
(00) Davidson v. (Jwynne, 12 Kast .381 ; Tindall v. Taylor, 4 E. and B, 219.
(07) Peek v. Larsen, L. 1!. 12 I'',(|. 378.
(08) (i. S. N. Co. V. Sliii)i>er, 31 L. .J. (C. P.) 18.-»; Uichardsr)ii v. Sfciuton,
L. K. 7 (C. P.) 421 ; .lones v. Hcdm, L. K. 2 Kx. .3:!.-).
(00) Harman v. Clarke, 4 Camp. l.")0; Harmaii v. Mant, 4 Camp. 101;
Ivodgers v. Forresters, 2 Camp. 483 ; Itandall v. Lynch, 12 Kast 170, 182.
(70) Dakin v. Oxley, .33 L. J. (C. P.) ll.V
(71) Kipley v. .McLiire, 4 Kxch. .34."); Ueid v. Hoskins, (in error) K. and
B. 0.-)3; Bar'rick v. Bul.a. 2 C. H. X. S. .Vi3, 2(i L. .1. C. P. 280; Hock,ster v.
De Katour, 22 L. .1. {(). B.) 4.")5.
(72) Sickens V. Irving, 20 L. J. (C. P.) 2."> ; Krichseu v. Barkworth, (in
error) 28 L. ,1. (Kx.) !».">.
(73) Parsons on Shipping, H, 20; Xotara v. Henderson, L. R, 7 Q. B., 2.30
Ex. Ch.
(74) The Alhandira, (i P. I). (iS; .■)0 L. .!., P. 30; 43 L. T. 030; 29 W. 11.
0.ir)— C. A.
(To) Ont. B. 297 ; <)il»l> v. McOonull, 7 Q. B. 3.")(); Spooner
v. Western Assur. Co., 38 Q. B. 02; Steinhotl' v. Royal Canadian Ins. Co., 42
Q. B. ;i07.
(81) McConkey v. (iorrie, .'> C. P. 430.
(82) Edmonstone et. al. v. Young et. al., 12 C. P. 437.
(83) Wright v. Hokernlee, f» C. P. r)31 ; see Wallace v. Swift, 31 Q. B. r)23.
(84) Fowler V. Hooker et. al., 4 Q. B. 18; Waddell v. McBride, 7 C. P.
382.
(85) Fowler v. Hooker et. al., 4 {}. B. 18.
(8fi) (ilyn. Mills & Co. v. E. and W. India Duck Co., 7 App. Cas. 591 ; .Vi
L. J. Q. B. 14«; 47 L. T. .309; 31 W. K. 201.
(87) Torrance et. al. v. Hayes et. al.,3C. P. 274, 2 C. P. 338; Widdle v.
Mcintosh, 7 C. P. 49; B. & L. H. U. Co. v. (iordon, Hi Q. B. 283.
(88) McLeod v. Ebcrts et. al., 7 Q. B. 244 ; Howland v. Bethune, 13 Q. B.
270.
FREIGHTING.
39
PART lY.
NONPERFORMANCE OF CHARTERS, DISSOLUTION OF CHARTERS,
EMUARUO.
Where men undertake at all risks to perform a certain contract,
the law visits them with damages for non-performance, but a carrier
is Ijy couunon law exempt from liability for non:performance, when
that is occasioned by the act of (iod, or the Queen's enemies, although
not so expressly stipulated in the contract. (1)
The ordinary form of charters and Bills of Lading contain the
following exceptions : " The act of God, the Queen's enemies, fire
and all and every other dangers and accidents of the seas, rivers and
lavigation of whatever nature and kind soever, exce|>ted." (2)
The words " The act of God," designate immediate operation of
purely natural agents, such as lightning, earthquakes and tempests,
exclusive altogether of human intervention. (3) By natural agents
is meant the spontaneous forces of nature not directed by man. (4)
The "act of God," to relieve the carrier from liability, must be im-
mediate and not remote. (.'))
The words " All acts of the Queen's enemies," includes the enemies
of the sovereign of the carrier, and involves the municipal law of
contract and als»j the law of nations in rel.atidii to the contmercial
marine, as etiected by the existence of hostilities. (G)
In case of war with the country to which the ship belongs, a fear
of capture founded on circumstances calculated to affect the mind of
a master of ordinary courage, judgment and experience, would justify
delay in prosecuting the voyage. (7)
The Avords " The dangers of the sea, rivers and navigation," in-
clude loss by pirates (9); by collision when it is without fault or
il
P m
U
i\ i
t :
! r
40
FREIGHTING.
i
fr
negligence (10), and the common riska of navigation from rocks,
Hands, rapids and the like, when the loss occasioned thereby happens
without negligence or default in the master or crew. (11)
If a ship reasonably sufficient for the voyage be lost by a peril of
the sea, the merchant cannot charge the ship-owners by proving
that a stronger ship would have outlived the peril. (12)
The word " robbers " in a charter or bill of lading means a taking
by violence, and the ship. owners would still be liable for a mere
theft. (13)
A ship-owner i.s liable for injury to a cargo by rats, even where
he keeps a cat on board, unless excepted in the contract. (14)
A ship-owner is relieved from liability for the loss of goods by
showing that t' ey wei-e seized and confiscated under the law of the
country by the 'rovernment officers. (15)
Stipulations in a contract " to sail with the first fair wind," or on
a pai'ticular day, or " with the first fair wind and come direct to the
port of destination," or " to sail without. unreasonable delay," or " to
bring home a complete cargo," am independent contracts, non-per-
foi'mance of which gives an action for damages, but they are not a
l>ar to an action for the whole freight. (16)
However, whei-e freight is made payable upon a condition which
cannot be separated from the balance of the contract, .such as the
arrival of the ship at her port of destination, this is a condition
])recedent, and non-performance of it is a bar to an action for the
freight. (17)
Where a contract can be perfornunl in two ways, one of wliich is
illegal, and the .ship owner does it in the h'gal way, a ]tlea of the
statute making it illegal in one way, is no bar to freight or
demurrage. (18)
The excejUions above mentioned having been jtlaced in the charter
and bill of lading for the protection of the ship-owner only, (19)
the freighter is liable for damages for non-performance of his con,
tract, unl(?ss there is an express agveement tliat jierformance by him
was dependent upon an event which has no( happened, oi' unless it
ua.
NON-PERFORMANCE OF CHARTERS, &c.
41
appears that the benefit of the voyage is lost by the conduct of the
ship-owner.
Where both parties mutually contract, taking into consideration
the happening of an event antecedent to full and complete perform-
ance, which event is in the control of one of them, such event will
be a condition precedent to the subsequent performance (20), as
where the ship-owner states his vessel " is now in a certain port," or
" will sail before a certain date." The mercantile aims of the voy.
age should be taken into considei'ation in cases of tlds description. (21)
In an action against the freighter for non-performance, it is no
defe^ice that one independent stipulation in the charter has not been
performed by the owners (22), nor is" it a defence to allege an illegal
act on the part of the master in prosecuting the voyage, if such act
was not in contemplation of both parties, so as to render the adven-
ture itself illegal. (23)
Where the law imposes a duty or charge on a party who is pre-
vented from pfU'forming it without his own fault, the law will
excuse him ; but where a party, by his own contract creates a duty
or charge upon himself, he is bound to perform or make it good,
notwith.standing any accident by inevitable necessity, because he
might have provided against it by his contract. As recited by Lord
Kenyon from Co. Litt. 209 a : " If a man undertakes what he
cannot perform, lie shall answer for it to the person with whom he
undertakes " (24). For example: It is no defence to an action
agttii.st a fivighter for not loading a cargo to state that there was
no cargo to load, or that the (TOve»*nment prohibited the cargo being
loaded. (2'))
Where the authorities at the port of destination refuse to allow
delivery of the cargo, and the master returns to this country with
the cargo on board, he is entitled to his freight, both ways, and his
expenses (26). Where however the cargo is partly delivered, and
the authorities stopj)ed the delivery under stress of war, neither
))arty can sue, each having a contributory duty to perform in the
discharge which neither was allowed to perform. (27)
The freighter is bound to perform his part of the contract once,
notwithstanding the occunvnco of a fire on board which interrupts
! .1
lii I i
42
FREIGHTING.
I
I'
'f
.
the loading and makes the repair of tlie v(>ssel necessary, but where
he performs it once, according to the proper sense of it, that is
enough, although it be not in the way most profitable for the
ship-owner. (29)
The freighter has the whole of the lay-days agreed on during
which he may neglect to load and the ship must wait, even until the
end of the demurrage days if required, unless the freighter definitely
refuses at all to perform his contract so as to discharge the master
from his, in which case the mast(»r may leave unloaded and sue at
once. (30)
A refusal to name a wharf where to deliver a cargo, amounts to a
refusal to receive it, and the damages to be recovered are the amount
of the freight. (31)
Where a port of delivery is to be named after sailing, naming one
which it is unsafe* for the ship to enter, is a breech of the freighter's
contract. (32)
In a charter containing the clause " Except in cases of riots,
strikes, or any other accident l»eyond his control," the word "acci-
dent " does not include a snow storm, that being one of the ordinary
operations of nature and not properly an accidc^it. (33)
Where a steamboat is chartered to l»e returned on a certain day
in good repair, " dangers of the lake excepttHl," it was held that
damage by accidental fire, not occasioned by lightning, did not come
under the exception above of "dangers of the lake." As to whether
it would do so if the fire occurred from some cause connected with
the engine is doubtful. (34)
Where a charter is made for a number of trips, and one or more
of them is changed on account of letters and corr(^spondence between
the parties, it is merely a question of fact as to whether the parties
in making any change made a new contract in place of the old one,
01- merely made a change to be paid for at the sanm rate as under
the original charter. (3.1)
It has Iteen held that where a v«'ss('l is chaitered to bo delivered
back in good repair, n'asonable wear and tear (excepted, the loss of
NON-PERFORMANCE OF CHARTERS, &c.
43
an anchor and chain occurring at sea on account of a tempest would
not come within the exception, and the charterer must replace
them. (36)
Where a vessel was chartered at Kingston to sail with all con-
venient speed to Detroit and take a cargo of grain back, and she
took 27 days on the voyage to Detroit, but without any fault on the
part of the captain or crew, it was held that tne charterer could not
refuse to load her. (37)
But where a vessel at Kingston was engaged on the 24th of
October to carry a cargo of grain to Kingston from Detroit, and she
left Kingston on the 27th of October, but diil not reach Detroit
until November ISth, OMing to stress of weather, it was held that
as it was improbable she could ship her cargo and get back to
Kingston that season, the charterer was not obliged to load her, the
.ship not having arrived within a reasonable time. (38)
Where a vessel was chartered to go to Kincardine and load a
cargo of salt for the charterers, provided they would furnish a full
cargo at a stated price and would guarantee 1 H feet of water in
the harbor, it was held that as there was not IH feet of water in
the harbor, nor such depth as would allow the vessel to take a full
load, she was justified in refusing to load the salt. (39)
A vessel is liable for not discharging the cargo at the proper
wharf, unless so instructed by the merchant. (40)
Whore goods are delayed through the fault of a vessel owner, he
is liable for damages for not forwarding the goods in the time men-
tioned by the contract, the damages being the difterence between the
price the goods brought and the price they would have sold for if
delivered according to the contract. (4')
A person chartering a vessel to go to a certain place for a load,
must not make any statements as to tlie safety of the shelter, depth
of water, or facilities of loading, which he knows to be false, and he
must also take care not to make any statements regarding same,
calculated to mislead the vessel owner, which he does not know to
bo actually true. (42)
■ • ■'-'*'i.
Ml
:t 1 t ■:
rfll
t ' I
i
■
'i I
j' ;
), I
^lil
«»1*
44
FREIGHTING
Fifty barrels of oysters were shipj^ed at Oswego for Toronto by
the "Junius," but tin; vessel having been obliged by stress of
weather to run to Kingston, the goods were transhipped at Kingston
for Toronto by the steamer "Oshawa." When theyarrived in Toronto
they were in an injured condition. It was held that the owner of the
Junius was the carrier throughout from Oswego to Toronto. (43)
In every contract of freighting, where there is no agreement to
the contrary, the ship-owner impliedly warrants that his ship is
seaworthy for the voyage. (44)
A ship-owner is not bound to i)ay for shortage, although the full
amount was signed for by the master in the bill of lading, if the
deficiency was never put on board ; but if he pays he cannot recover
it back from the charterers. (4r))
Where it was proved that all the cargo put on board was delivered
to the consignee but it was not shown that all the cargo delivered to
the vessel's agent on the dock at loading port was put on board,
although they received the full amount claimed, the vessel was held
liable for shortage. (40)
A vessel carrying 100 tens of pig iron to be landed at " B's " wharf
in Toronto came into port at ten o'clock at night, and not finding
anyone in charge of " B's " wharf, or any light, put off the; iron at
another dock, the ve.ssel was held liable for extra expense incurred
thereby to " B," as extra etibrts should have been made to find " B ''
at a place where he would likely have been at that time of night ;
and also because that was not a reasonaljle time to retjuire him to be
there without notice, and even then he could not have been required
to be there to receive 100 tons of pig iron at such an hour. Where
the urgency of the vessel required su(;li extraordinary dispatch for
the owner's interest, it is only reasonable it should hp. gained at his
own expense, and not at th(( expense and inconvenience of others.(47)
Where a charter or contract, lawful at the time of making, be-
comes illegal before performance, it is absolutely dissolved, and
neither imrty is bound by it.
The contract to pay freight is dissolved by the abandonment of
the ship and cargo by the master and crew at sea. (4£)
NON-PERFORMANCE OF CHARTERS, &c.
45
Where a charterer does not furnish a cargo as agreed, the amount
of damages the ship is entitled to is th(i amount of the freight
agreed on, first taking off th(! expense of earning it, and any freight
actually earned by the ship during the time she was chartered
for. (49)
Where tlie parties agree in th ; Haiktr v. Iloikwon, .'{ M. and Sel.
2«7 ; Hall v. Wright, 2!» L. .1. Hf. B.) All
(2) Liver Alkoli Co. v. JnlniHon, L. H. !) Kx. M.tS.
_(.'<) The Trent Nuv. Co. v. VVwkI 4 Doug. 287; Forward v. I'itttud, 1 T. it.
I ■ ■
46
FREIGHTING.
(4) Siordet v. Hall, 4 Bing, 607; Fletcher v. Rylands, L. R. 1 Ex, 265, in
error.
(5) Smith V. Shepperd, see Maclachlan on Shipping, page 499.
(6) Russell V. Nieman, M L. J. (C. P.) 10; The Tentonia, L. R. 4, P. C.
171 ; Pole V. Cetcovich, 9 C. B. N. S. 4.30, 30 L. J. (C. P.) 102.
(7) The San Roman, L. R. 5, P. C. .30.5 ; The Heinrich, L. R. 3, Ad. 424.
(9) Pickering v. Barclay, Style 1.32, 2 Roll. Ab. 248.
<10) Buller v. Fisher, 3 Esp. 6/ ; Lloyd v. Gen. Screw Collier Co., 33 L. J.
Ex. 269 ; firill v. (ien. Screw Collier Co., L. R. 1, C. P. 600 ; Czech v. Gen.
S. N. Co. L. R. 3, C. P. 14.
(11) Fletclier v. Inglis, 2 B. and Aid. 315.
(12) Amies v. Stevens, 1 Stra. 128; Bull Ni. Prius, 69.
(13) De Rothschild v. Royal Mail S. P. Co., 7 Exch. 7.34.
(14) Laveroni v. Drury, 8 Exch. 166; Dale v. Hall, 1 Wils. 281 ; Kay v.
Wheeler, L. R. 2, C. P. 302.
(15) vSpence v. Chadwick, 10 Q. B. 517 ; (iosling v. Higgins, 1 Camp. 451 ;
Evans v. Hutton, 4 M. and Gr. 954; see Maclacldan on Shipping, p. .^OS.
(16) Bonev. Eyre, 1 H. Bl. 273; Ritchie v. Atkin.son, 10 East 295, .306;
Seeger v. Dutliie, 29 L. .1. (C. P.) 253; Constable v. Clotherie, Palmer .397 ;
Hall V. Cazenovc, 4 East 477; Davidson v. (Jwynne, 12 Kast .381; Bornman
V Tooke, 1 Camp. 377; McAndrew v. Adams, I Bing. N. C. 29; Tarrabochia
V. Hickie. 1 H. &N.183; Ritchie v. Atkinson, 10 East 2«.5 ; Glaholm v. Hays,
2 M. and ih: 257; Clipsham v. Vertuc, 5 Q. B. 265; Wheeler v. Bfividge, 9
Exch. 668 ,- Meyer v. Dresser, .33 L. .1. (C. l».) 289 ; Belm v. Burness, .32 L. ,1.
(Q. B.)204.
(17) Smith v. Wilson, 8 Kast 437 ; Cook v. .lennings, 7 T. H. .381; Bright
V. (>)wpcr, 1 Browne 21; Bitcliie v. Atkinson, 10 Kast 295, .308; Behn v.
Burness, 32 L. J. ((i. B.) 204.
(18) Waugh \. Morris, L. R. 8 Q. B. 202; Tlie Tentonia, L. R. 4, P. C.
171.
(19) Blight V. Page, 3 B. and I*. 295 note; Touting v. Hubbard, 3 B. and
P. 295,298; Storer v. (Jonbm, 3 M. and Scl. .308, .321 ; Bruce v. Nicolopulo,
24 L. ,1. (Kx.).32l.
(20) Glaholm v. Hays, 5 M. and (ii. 257; Shadfortli \. lliggin. 3 ('amp.
385; Ollive V. Booker. I Kxili. 416; Ollivor v. Ficlden, 4 Kxcli. 1.35; Soames
V. Lovergan, 2 B. and C. i^(}4 ; Davidson v. Mure, 3 Doug. 28.
(21) Ollive V. Booker, 1 Exch. 416; Glaliolm v. Hays, 2 M. and Gr. 257;
Behu V. Buiness, 32 L. J. {(.). B.) 204: McAndrew v. Adams, 1 Bing. N. C.
29; McAmlrew v. Chappie, L. R. 1, C. P. 643.
(22) Storer v. Gonlon, 3 M. and Sel. .308; Stephens v. Price, 3 Doug. .353 ;
Carr v. W. Petroleum Co., L. R. 1, C. P. (1.36.
(23) Wilson v. Fodoringham, 1 M. and So'.. 468.
(24) I'aradine v. Jane Aleyn 26 ; Hall v. Wright, 29 L. .1. (Q. B.) 4,3, in
error; Blight v. Page, 3 B. and P. 295, note; Hadley v. Clarke, 8 T. R. 259.
E
NON-PERFORMANCE OF CHARTERS, &c.
47
(25) Blight V. Page, 2 B. and P. 293, note ; Lyoerds v. Luscombe, 16 East
201 ; Hills V. Sughrue, 15 M. and W. 253 ; Maclachlanon Shipping, page 506;
Barker v. Hodgson, 3 M. and Sel. 267.
(26) Cargo Ex. Argos, L. R. 5, P. C. 134.
(27) Forde v. Cotesworth, L. R. 5, Q. B. 544.
(28) Exparte Chevasse re Orazebrook, 34 L. J. (bkpcy.) 17.
(29) Jones V. Holm, L. R. 2, Ex. 335; (Jen. Stni. Nav. Co. v. Slipper, 31
L. J. (C. P.) 185; Duckett v. Satterfield, L. R. 3, C. P. 227; S. S. C. Co. v.
Clarke, L. R. 4, Exch. 73.
(30) Hudson v. Ede, L. R. 2, Q. B. 566 ; Hochster v. De La Tour, 22 L. J.
(Q. B.) 455, 2 E. and B. 678; Frost v. Knight, L. R. 5 Ex. 322.
(31) Stewart v. Rogerson, L. R. 6. C. P. 424.
(32) The Teutonic, L. R. 4, P. C. 171 ; Pole v. Cetcovich, 9 C. B., N. S.
430, 30 L. J. (C. P.) 102.
(33) Fenwick v. Schmalz, L. R. 3, C. P. 313 ; Crow v, Falk, 8 Q. B. 467;
Bruce V. Nicolopulo, 24 L. J., Ex. 321 ; Vulente v. Gibbs, 28 L. J. (C. P.)
229; Seeger v. Dutchie, 29 L. J. (C. P.) 253.
(.34) Lamed v. McRae, 1 Q. B. 99.
(35) McPherson et al. v. Cameron, 15 Q. B. 48.
(.36) Anglin v. Henderson, 21 Q. B. 27.
(37) Brown v, Lamont, 30 Q. li. 392.
(38) Brown v. Lamont, 32 Q. B. 167.
(39) Gray et al. v. Schooley, 43 Q. B. 209.
(40) Beard et al. v. Steele, 34 Q. B. 43.
(41) Monteithv. The Merchants' Despatch and Trans. Co. , 1,0.R.,Q. B.D.47.
(42) Harvey v. Wallace. 16 Q. B. 508.
(43) McConkey v. Gorrie, 5 C. P. 430.
(44) KopitoflF V. Wilson, 1 Q. B. Div. 377.
(45) Brown v. Powell, I). S. C. Co., L. R. 10, C. P. 562.
(46) Beard et al. v. Steele, .34 Q. B. 43.
147) Beard etal. v. Steele, .34 (^ B. 4.'{.
(48) Tiie Katlileen, L. U. 4, Ad. 269.
(49) Stewart V. Rogerson, L. R. 6, C. I'. 424; Smith v. McGuire, ."{ 11. and
N. 554; Puller V. Stamforth, II East 2.32; Stumfortii v. Lyall, 7 Ring. 169;
Wilson V. Hicks, 26 L. J. (Ex.) 242; Abbot on Siiinping, 4tii Ed. 430: Sedj-
wick on Damages, 2nd Ed 361; Harries v. Kdmon(lH, 1 C. and K. 686.
(50) Bell V. Puller, 2 Taunt 285; Cargo Ex. Argos, L. R. 5 P. C. 134.
(51) Blight V. Page, 3 B. and P. 295, note ; Bergstrom v. Mills, 3E8p. 36;
Thompson v. Roweroft, 4 East 43; Hadley v. Clarke, 8 T. R. 259; Beale v.
Thompson, 4 East 54(i; Tlie Boedes Lust, Syljramlts 5, C. Rob. 246.
(52) Beale v. Thompson, 4 East 546; Bergstrom v. Mills, SEsp. 36.
(53) Tonteng v. Hubbard, 3 B. and P. 291.
tT^f
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FREIGHTING.
(54) Isabella Jacobina Sovergren, 4 C. Rob. Ad. 77 ; The Werldoborgaren,
Lagerholm 4 C. Rob. Ad. 17; Hadley v. Clarke, 8 T. R. 259.
(55) Tindallv. Taylor, 4 E. and B. 219; DavidBon v. Gwynne, 12 East 381;
Peck V. Larsen, L. R. 12 Eq. 378.
(56) Peck V. Larsen, L. R. 12, Eq. 378.
FREIGHTING.
49
, PART Y.-FREIQHT.
HOW CALCULATED, BY WHOM PAYABLE, TO WHOM PAYABLE, LIEN FOR,
PAYMENT OF.
AVlien j^oods aiv sent in a jfeneral sliip the amount of freight is
eitlier settled hy th(^ agreement of the parties or the usage of the
trade.
Where a certain sum l)c contracted, for every ton, or other portion
of the ship's capacity, for the ^vhole voyage, the payment must be
according to the number of tons, &c., which the ship is proved
capable of containing, without regard to the quantity actually put on
boanl )>y the merchant. (1)
AVliere the merchant has stipulated to pay a certain sum per cask
or bale of goods, S:c., the payment must be according to the nund)er
of casks or ])ales shipped and delivered. (2)
AVhere a mei-cliant lias contracted to furnish a complete load, oi- a
certaiu number of casks or bales, &c., and failed to do so, he is lia])le
for the loss siistained by the vessel for such failure. (3)
AVliere an entirt; ship is hired and her l)urdon mentioned in the
charter, but the merciiant contracts to pay a certain sum for every
ton, itc, of goods that he shall put on board and does not contract
to furnish a full load, the master cannot demand freight for more
than the quantity of goods actually shipped. (4)
Where the merchant contracts to pay a certain sum for every month,
week, or otlier period of the voyage, the time begins from tlie day ou
which the slxip starts in prosecution of her voyage and continues
during the course of it, including unavoidable delays not occasioned
by the act or neglect of the ship-owners or master, and freight in such
a case is payable for the time consumed in necessary repjiirs during
the voyage, if it does not appear that the ship was insufficient at the
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FREIOHTINa
start, or that there was any improper delay in repairing lier. Of
course express stipulation in the charter may change above rules (5),
and in charters coming under this class the parties may bargain that
the voyage must be performed before any freight is due. (5)
Where there is no express contract as U) the rate of freight, unless
it is proved that the goods were to lie carried frt^e, the rate will be
the reasonalde rate of freight current at the time between the same
])orts for the class of goods anil vessel in question. (6)
Where grain or goods are shipped nt a certain rate of freight per
bushel or jmckage, the rule is that the nuister is entitled to freight on
the nett quantity ascertained by the legal scales at the port of de-
livery. This rule does not hold when it is proved that the above test
is untrue. (7)
It is now customary for merchants and ship-owners to agree in
charters for grain cargoes that in case the cargo or any part is delivered
in a heated or daiuageil c(tndition, freight is payable on the invoice
(piantity taken on board as stated in the bill of lading, or half freight
upon the damaged or heated jtortion, at the captain's choice. (8)
No part of the freight is due unless the whole is earned, except in
case where the freighter himself prevents complete performance. (9)
Delivery is impli(Ml in every carrier's cimtract and is expressly
stipulated in all ordinary charters and bills of larize but not the cargo, the captor to en-
title himself to the freight must carry the cargo t(» its destination
and Avhere the ship is cond«'mned but not the cargo, the captor is
liable to the master fur the full freight, cajdure being in law ei^ual to
delivery.
Where both the ship and cargo are released the master must g(» on
and complete the voyage, as tlu^ parties are placed in the same jiosi-
tion as before the capture, l»ut if the cargcj is taken out of the ship
under commission or decree of unlivery, idthuugh before sentence of
the Prize Court, the contract is at an end and the master entitletl t(»
the freight, although ho refuse to reload the cargo in order to take it
t(j its destination. (28)
The master of a neutral ship forfeits his freight and expenses by
conduct not purely neutral, such as carrying contraband of war, en-
gaging in the coasting or colonial trade of the enemy, when such trade
is not open to all the world in times of peace, by trading between the
ports of allied enemies with false papers, by spoliation of ]»apers,
falsehood and other acts of innhifidea. (29)
Wli I' a charter stipulates for a full and complete cargo and a lump
Hll be paid for freiglit on delivery, the usual exception of sea risks
loutioned, |i,irt of the cargo was lost by perils of the sea Avithout
an nit of thi; master or crew, the shiji-owner was held entitled to the
full freight on delivery of the balance. (."iO)
The general rule that cargo is to be ]taid for according to the quan-
tity delivered ir '111- port of discharge, must hold good nnle.s8 words
showing clearlx i intention that the measurement at the loading port
is to be takr^ in the charter. (31)
54
FREIGHTING.
Where the bill of lading states that the vessel is to pay vshortage,
the consignee representing the charterer has no right to deduct the
shortage from the freight. (32)
"Where goods are can-ied to their destination, although spoiled so as
to be of no value, the owner cannot abandon the goods for the freight,
but the master is entitled to his full freight for the transportation of
the goods. (33)
The person primarily liable for the freight is the freighter or ship-
per, and although the master may detain the cargo until his freight
ho. paid, still if he delivers it without demanding the freight, he has
still the right to recover from the freighter. (34)
When the assignee of tlic 1)ill of lading is a mere agent for the
piirpose of receiving the (;argo, and is known to the master as such,
he is not liable for the freight upon his acceptance of tlie goods. (3o)
Where an agent receives goods luuler such circumstances as to
make him liable for the freight, he is still liable even where he has
paid the proceeds of the cargo to the freigliter without deducting his
freight. (36)
Where the vessel is disabled and tlie muster hires anotlier ship to
comi)lete the voyage at a less rate, he is entith^il to the full freight
(37), but it is not certain whether in case he has to jiay mure for the
new vessel he or the merchant should iiay the extra amount. (38)
Tn the United States i'l, is tlie duty of the master to hire another
vessel where his own is permanently disivbled, atul any excess over
the original freight is to be paid l»y the merchant and the ;issiiri'i's.(39)
Freight is primarily iMiyaldc to the owner of llic vess(*i, ,u(^iierally
through his agent, the uiaster. (40)
A mortgagee of a ship who takes possession before the rompleti(Ui
of tlie voyage, or does what amounts tlu^reto, is entitled Lo the freight
(41), but he cannot intercept the freight by giving notice to the
charterer before payment witbon'. taking jiossession. (42)
Where a ship is abandoned to the assurers, all freight pending at
the time of the accident passes to the assurers in case it is finally
earned by th» r.ani# vesAol.
PAYMENT OF FREIGHT, LIEN FOR, &c.
55
Even whore tlio ship-ownor insures his freiyht the undrrwritrr of
the ship is the pei-son entitled to possession. (43)
"Where the sliip and freijflit are insured separately the freight earned
hel (44) ; hut in the Ignited States it
is different, the freight Itein;,' ilivided jiio nitii itinniK Itetween the
underwriters on the ship and those on the ••arj;o. (45)
A registered mortgagee who takes possession is ahead of the
assignee of the freight, although the latter before him completed his
title by notice in writing to the charterers. (46) ■ ...*?.. .,-♦ »
Where the vessel is chartered and ))ut up as a general ship the
freiglit is |)ayal)Ie to the charterer, sidijeet to the ship-owner's right of
lien on the goods for tlie freiglit (hie him indess lio expre.ssly parted
with s\u'h right. (47)
A carrier has a lieu for freight jirojierly so calle*!, on tlie goods
carried, but tliere is no such lien for money payabh; in advance,
though often caih>d freight, as it is not freight. (48)
Tliere is no lien for dead freiglit, demurrage, port charges, or
wharfage. (49) ■ i „ , i i .,^ r. .;
There is no lieu evm for freight without the possession of the
goods, and a ship-owner who has transferred tlie possession of the
ship to !inotlii'r, loses his lieu thereby. (TiO) ■■ . i . .>
Where in a charter die sliip-owner l)inds himself to give up the
goods before the fri'ig'it is paid, but after it is earned, he lost^s Ids
lien oil same for till' freight, and must sue- the merchant for same, if
not paid. (51 )
Of course liens may lie given on the cargo by coiitiict between the
parties for freight, deail freight, demuinige, or any other claims of
the ship-owner, and suih liens may be valid even without possession
of the cargo. (5"J) ■ • ..' . • ..o ., ,.' > • c
Tiic law gives the lieu for freiglit without any provi.sion luMUg made
for it, either in the charter, bill of lading, or elsewhere. (5.S)
A usage of a particular place can only affect the constructitm of a
written contract when the jiarties who made the contract both know
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FREIGHTING.
of the usage, and therefore are presumed to have contracted with
reference to it, if they have not excepted it. (54)
The master may n, provided the i)ers()n betiding the
bills of lading and entitled to the cargo had notice of the saiiie. (56)
A bona Jill e indorsee of a bill of lading wlio icceivcs it Avithout
fraud, m- notice of other freight to be; paid upon it, is entitled to the
cargo on payment of tlie freight in the l»ill of lading, and wlien- lu"
takes it with tlie understanding that tlie freight bus liccn paid, same
having been mentioned in the bills of lading, the ship-owner is not
entitled to show that in fact it has not lieen )»aid. (57)
The lien on goods in a general shi)) for the bill of lading freight is
the same whether the Itill of lading is afterwards endorsed to a third
]K'rson for valuable consideration, or the goods are ilelivered to the
original consignee, (58)
The following clauses in bills of lading, "on jtaynicMt of freiglit as
])er charter-party," or "they ]taying freight for the said goods us per
charter-party," or "they i>aying freight for the goods as usual,'' (the
indorsee in the latter case having knowledge of llie cliartei,) all give
the mastt'r a lien for the full freiglit jiei tlie iliarter agniiist tlie
indorsee. (59)
The clause "without prejudice to the charter-party" doys not bind
the hohler of the bill of lading to pay freight according to such char-
ter-party, but merely reserves the wliip-owners right against the
charterer if the master signs bills of lading tor a less rate than that in
the charter. (60)
"Ry full delivery of the goods without payment the lien is gted as complete satisfaction, although it ends the
lien and suspends the right to sue until it is due. (63)
AVliere the owner, or tiie master if he is s(i authorized, prefers a bill
of exchange when he might have had cash, delivery of the lull to
him, is payment, although it is afterwards dislionored. (64)
^Vhen payment is to be l»y bill of exchange it is the master's diity to
draw and present thf bill for acceptance, ami if lit; refuses to tli-aw, an
oH'er to accept is evidences of a g(»od tender of tlie freight. (6;"))
Cash advanced on the freight under a contract to that eflectl)etween
the parties cannot l)e recovered back, although it be afterwards lost on
th(! voyage (66), but a mere loan, though agreed for in the charter-
party, is not such an advance, and is not insurable and may b** re-
covered back. (67)
Any advance liy way of freight to the ship-owner retains the in-
cidents of freight-risk and contingency as }»etween the charterer and
the underwriters. (6S) ■ . : .i.
In the United States the rule is that where freight is advanced,
but for reasons not chargable against the merchant is not earned, it
may be recovered l)ack, uidess there is an agreement to the
contrary. (69) . , •, u.j
Loss of goods acknowledged to liave been received in tlie liill of
lading, or damage to goods not covered l)y the excepted perils, cannot
be pleaded in l)ar, or by way of set-oil' to an action f(U' freight. (70)
On the 3rd ()ctol)er, ^rt!Ewan charteretl McLeod's vessel, the
" Krie r.elle," to carry salt from (ioderich to Milwaukee for 75 cents
a ton, the effect of the (contract being that the vessel was to load und
carry within a reasonid)le time. On the 11th October, McLeod tele-
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68
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FREIGHTING.
will
iike .Stfiain V>i\
graphed: "Erio IMl" cHiinot go; will y<>'i take f^toain liurge us
substitute ; iiiiHwer (|uiok." Soine subsccjiieut coriespuiKlenee took
place, MeEweii holding McLeod to his contract and M(;Lood agreeing
to i)erform it. At this time McEwuu could have got a vessel at
#1.00, but waited for Mcljeod's vessel which was loaded on the 25th
November, when the master, fearing bad weather, refused t(j sail,
and it was in\possible to duirter iinother vessel. !McEwan, who hatl
Hold the salt in Milwaukee, sent part by rail, and jtaid his consignee
the diflerence in price Itetween salt which he had to buy and the
coiltraot j>rice. The freight l)y rail was .$3.r)0 per ton, and 50 cents
had to be paid for oartage, which would have been unnecessary had
the salt gone by McLeod's vessel : - Held, on ajijieal from the
arbitrator, that McLeoil was not entitleil to hold McEwan tr» tlu;
daniages which he might have recovereil liad lie i-liartcrcil a vessel at
Jjl. 00 after the telegram of tlie 11th October, for that telegram,
taken in connection with tlie snbso([U('nt coricsptMHhfice did not
shew an absolute refusal to perform the contract on which Mr. Mc-
Ewan was bound to act, but that McEwan was entithid to recover
tlie littereiice in price paid to his consignee, the diflerence in the
freight, ai*d the amount [)aid for cartage. (71)
r „.. NOTES.
->'. %i ■'
(1) Beii8on V. Schnieder, 1 Moore '21 ; Hunter v. Fry, 4 H. and Aid. 421;
Wiiullc V. Barker (in error) 2.') L. J. (Q. JJ.) ;J49; Cuthlo; (-Junini v. Tyrie,
4B. andS. 080, .3aL. J. (Q. B.)97. • • '•
(7) Moller V. LivMig, 4 Taunt. 102; Gibson v, Sturgo, 10 Exch. 022; Coul-
thurst V. Sweet, L. K. I, C. P. OoH; Buckle v. Knoof, L. J{. 2, Exch. 12.1,
3;^.; Tujly v- Terry, h. K. 8, C. P. (179.
(8) Tullv V. Teiry, L. K. 8, C. P. 079.
PAYMENT OF FREIGHT, LIEN FOR, ; l)e Silvale v. Kendall, 4 M. and Sel. 37, 42;
How V. Kirchner, II M«m»iu, 1*. C. 21 ; Kiichner \. Venus, 1'. C. ii Jur., N.
S. :M)-y.
(10) Clnisty v. ilow, I Taunt. :^00; Mitchell v. Daitlicz, 2 Biug. N. C. "ino;
Davidson v. (iwynne, )2 East .S8I ; Vlierh(jgui v. Cliapuian, 13 M. and W.
230 ; Mashiter v. Huller, 1 Camp. 84 ; Brown v. Tanner, L. K. 3 Ch. 597 ;
Duthie V. Hilton, L. 11. 4 C. I'. 138; F.jrd v. Cotesworth, L. K. 4, Q. B. 127.
(11) Brown v. Tanner, L. P.. U, Ch. (197.
(12) Rf.V)iu8on v. Kniglits, \.. P. 8, C. P. 40"); Merchant SliHiping Co. v.
Arinibige, 1 il»id. 409; The Xr)rway Br. and Lush Ad. 220, 3 Moore P. C,
N. IS. 245; Meyer v. I>re»«er, .33 L. .1. (C. P.) 289.
(13) Bivillie v. Mondigliaui, 1 Psuk lusur. 110.
(14) Blakey v. Dixon, 2 B. ami P. ,321 ; Andrew v. Moorhouse, 5 Taunt.
435; MolFiit v. Hast India Co., 10 Hast 408.
(15) Dirti.lson v. Cwyiine, Pi East .381, .393; Shields v. Davis, Taunt. 05;
Luke V. Lyde, 2 Burr. 882, 888; (Jarrett v. Meliiuish, 4 .lur., N. S. 943.
(l(i) l)/»kiu V. (Jxley, .{.t L. .1. (C. 1'.) 115: (iriswold v. New York Insce.
Co., 3 Johns .321, I Jolum 200: Mdiaw v. Ocean Jus. Co., 23 Pick. 412;
Whitney v. N. Y. F. Inn, Co., 18 Johns 208, 3 Kent's Com. 225.
(17) Bhimer v. (Jreat \V. P. Co., I.. K. 7, C. P. 055; Kendal v. L & S. Ry.
Co., L. K. 7, Ex. ,373.
(18) Curling v. Long, I B. ami P. 0.34; Miller v. Woodfall, 8 E. and B.
493; Hunter v. Prinsep, 10 East .378, .394; Masiiitcr v. Buller, I Camp. 84.
(19) Osgood V. (ironing, 2 Camp. 400; Lichlard v. Lopes, 10 East 520; De
Silvale V.Kendall, 4 M. and Sel. .37, 42; The Teutonia, L. K. 4 P. C. 171;
Waugh V. Morris, L. P. 8, (/. B. 202; Ogdeu v. (iraham, 1 B. and S. 773;
(ieifel V. Smith, L. U. 7, (^ 15. 404.
(20) 2 0o. Litt. 200; Ma^,l.it.•r v. Btdler, 1 Camp. 84; Staniforth v. Lyall,
7 Bing, 109; Smith v. Wilson, 8 East 437 ; Storci- v. (iordou, 3 M. and Sel.
308; Barker V. Hodgson, 3 id. 207; Iteid v. Hoskins, E. and IV 953; Avery
v. Bowden, E. and B. 9.")3: Esposito v. Bowdcn (in eiroi) 27 L. J. (Q. B.) 17.
(21) TiiKlall V. Taylor, 4 E. and B. 219; Curling v. Long, 1 B. and P.
634, 036.
(22) Sickens v. Irving, 29 L. J. (C. P.) 25; Fcnwick v. Boyd, 15 M. and
W. 0.32. .
(23) (JiU.n v. Sturge, 10 Ex:>:>; .Muller v. Backer, 5 East 310, .322; VlierbrHdu
v. Chapman, 13 .M. and \\ . 2.30; Osgood v. (Ironing, 2 Camp. 4(i0; The
Sohlomstein, L. I'. I, .\d. 293; The Newport, Swahey 3;!5; Lutwidgo v,
Orey, Ho. of Eds. Alihotf : lliinfir v. i'rijiscp, 10 East 378; Curling v, Jjong,
1 B. and I', 0.34; I'iiidall \. Tayh)i, 4 E. and B. 219; Cook v. Jennings, 7
T. II. 381 ; Luk.! v. Ly.le, 2 Burr. 882.
r
60
FREIGHTING.
(25) Byrne V. Pattinaon, in K. B. Trin. 37, Oeo. 3; Smith v. Wilson, 8
East 487; (iihlwns v. Mendcz, 2 B. and Aid. 17; Havelock v. Geddes, 10
East 5.55.
(26) Blanch v. .Sr.lly, 1 B. Moore 5.S1 ; Midler v. Garnon, ,1 Taunt. 394;
(•JO) Klancn v. .Sf»iiy, l is. Aloore
Waugh V. Morris, L. It. 8, Q. B. 202
(27) The Wilhelniina Eleonora, Molir. .'i, C. Rob. 234; The Loniaa, Higgin-
bothani 1 Dod. 317; Hunter v. Prinsep, 10 East 378; X'lierbooni v. Chapman,
13 M. and \V. 230; The Diana, Karke 5, C. Uob. Ad. ($7; The ^'rouw
Henrietta, Ibid. 75 N.; The Hoop, Ibid. 75 N. ; The V rouw Anna Catharina,
Malits. 6 C. Rob., Ad. 2(»9, 271 ; The Foituna Koedt. Edw. Ad. 56.
(28) The Hottrung, Rask. 6 C. Rob. Ad. 231 ; The Martha. Martin 3 C.
Rob. Ad. 106 N.; Baillie v. Mondigliani, 1 Park Ins. C. 2, P. 116; The Race-
horse, White 3, C. Rob. Add. 101 ; Tiie Copenhagen Mening, 1 C. Rob. Ad.
281»; The Friends Creigliton Edw. Ad. 246; Luke v. Lyde, 2 Burr. 882; The
Itsabella ,Jac(>l>ina, .Sovergrcn 4 C. Ro)(. Ad. 77 ; The Werldsborgaren, Lager-
holm 4 C. Rob. 17 S. P.; The Fortuna Koedt. Edw. .16; The Atlas Kind)ell,
3 C. Rob. .304; The .luno Beard, 2 C. Kob. Ad. IKi.
(20) The Rising Sun, Wilkie 2 C. Rob. Ad. 108; The Anna Christiana,
Hay and Marriott, Ad. 163; The Rel)e
Johns 262.
(40) Walsh V. Provan, 8 Kxcli. 843 ; Atkinson v. Cotesworth, 3 B. and C.
647; Hiekie v. Rochmanaihi, 28 L. .1. (Ex.) 273.
(41) Dean v. Me(ihie, 4 liing. 45; Kerswell v. Bisiiop, 2 Cr. and J. 529;
Willis V. Palmer, 29 !-. .1. (C. P.) 194; Rusden v. i'ope, L. R. 3 Ex. 269;
Tanner v. Pi.illips, 42 L. J. (Ch.) 125.
PAYMENT OF FREIGHT, LIEN FOR, &c.
61
(42) fJardner v. Cazenove, 1 H. and \. 42.S ; Willis v. Palmer, 29 L. J.
(C. P.) 194; Hutchincm V. Wright, 27 L. J. (Cli.) HM ; War.l v. Beck, 13
C. B. N. S. »)H8, .V2 L. .1. (C. P.) 113.
(43) Daviilson v. Case, "> M. ami Sel. 79, 82.
(44) 'rii<»npH<>ii V. Kowcroft, 4 Kast 'U ; Leatham v. Terry, 3 B. and P.
479; McCarthy v. Ahel, ."> Kast .388; Sharp v. (Jladstone, 7 Kast 24 ; Kerr v.
Oshorne, 9 Kast .378; Davidson v. Case, .") M. and Sel. 97; Miller v. Wood-
fall, 8 K. and B. 493; Stewart v. Grenock Maiine Ins. Co., 2 H. of Lds, lo9;
Hickie v. Rodocanachi, 28 L. J. (Kx.) 273.
(45) 3 Kent 333; 2 Arnould Ins. 804.
(4fi) Brown v. Tanner, L. R. 3 Ch. r)97 ; Morrison v. Paisons, 2Taiuit. 407;
Willis V. Palmer, 29 L. J. (C. P.) 194; The Kdmond Lnsh, Ad. .')8 ; Lindsay
V. (Jihhs, 22 Beav. 522, 2 Jnr. N. S. 1039 S. C; ^Vilbon v. Wilson, L. R. 14
K(i. 32.
(47) Yates v. Mcnnell, 2 B. Moore 297 ; Vates v. Railaton, 2 B. Moore 297;
Tate V. Meek, 2 B. Moore 278; Small v. Moates. 9 Bing. 579.
(48) How V. Kircimur, II Moore, P. C. 2! ; Kirciiner v. Venus, 5 Jur, N.
S. ,395; Blaker v. Dixon, 2 B. it P. 211 ; Andrew v. Moorehouse, 5 Taunt,
435; Osgood V. (j!ronin<(, 2 Camp. 4(i(i ; Winter v. Maldimand, 2 B. & Ad.
(549; Thompson v. Small, I C. B. .328 ; Tii.dall v. Taylor, 4 K. and B. 219,
24 L. .J. ((,». B.) 12 S. C.
(49) Phillips V. liodie, 15 Kast ."»47 ; Birly v. tlladstfme, 3 M. and Sel. 205 ;
Faith V. Kast India Co. 4 C. and Aid. (i.SO ; IJisliop v. Ware, 3 Camp. 3(i0.
(50) Hntton v. Brag, 7 Taunt 14 ; Small v. Moates, 9 Bing. 579.
(51) Foster v. Colley, 3 H. and X. 705, 28 L. .1. (Kx.) 81 S. C; Lucas v.
Xockells 'in erroi), 4 Bing. 729; Alsagcr v. .St. K's. Dock Co. 14 M. and
W. 7!»4.
(52) Foster v. Colby. 2S L. .1. (K\.) SI ; Cilkison v. Middlcton, 2 C. B.
N. S. 1.34; Kirchner v, \enus. P. C. 5 .liir. \. S. .■{!)5 ; McLean v. Fleming,
L. K. 2 Ho. of Ld.-i. (Scot ) I2S; Small v. Moates. 9 Bing. 574: Pearson v.
(ioschen, 17 C. B. X. S. ."^Vi ; Carr v. (Jray, L. 1{. (i i). B. 522 ; Tate v. Meek.
2 B. Moore, 378 : Yates v. liailton, 2 li. iNloore, 294, 297.
(53) Kirchner \. \'. 71, (in
error) 5 K. and B. 755 ; iicrnal v. I'ime, I (Jale 17.
(.■)(5) Tate V. Meek, 2 15. .Moore '278; Vatcs v. Kailston, 2 B. Moore 294,
297; Cainpioti V. Colvin. 3 Bing. X. C. 17 ; (dcdstanes v. Allen, 12 C. H.
202 ; Small v. Moates, 9 Ming. ."I ; Faitli \ . I lie Kast India Co. 4 B. and
Ahl. 2.30 ; Snntli v. Si. vcking, 21 L. J. [*}. B.) 2.")7, in error 5 K. and B. .>S9.
(57) Foster V. Coll. y. 2S L. .1. (Kx.) Ml, 3 11. and X. 705 ; Mitchell v.
Scaife, 4 Camp. 298 ; Cilkison v. Middht 2 C. 15. N. S. I:t4 ; Neish v.
Oraham, 8 Iv and li. .")05 ; Howartl v. Tucker, I B. and Atl. 712; Brown v.
Korth, SExch. 1.
lii:
62
FREIGHTING.
(58) Tate v. Meek, 2 B. Moore 278 ; Small v. Moates, 9 King. 574 ; Yates
V. Railton, 2 B. Moore 21)4 ; Yates v. Mennell, 2 B. Moore 297; Oledstanes
V. Allen, 12 C. B. 202; Foster v. Colby, 28 L. J. (Ex.) 81 ; Shandv. Sander-
son, 28 L. J. (Ex.) 278 ; Brown v. North, 8 Exeli. 1.
(,W) Smith V. SievekinK, 24 L. J. (Q. B.) 2r)7, (in error) 5 E. and B. 589 ;
Kern v. Deslandes, 10 (". li. N. S. 205, .SO L. J. (C. P.) 297.
(60) Shand v. Sanderson, 28 L. .1. (Ex.) 278, 282.
(61) Faynterv. James, L. K. 2C. P. .S48 ; Walker v. Kirchner, 11 Moore
P. C. 21 ; Tanivaco V. Simpson, L. K; 1 ('. P. 363; Lucas v. Nockels, 4
Bing. 729.
(62) Belshawv. Bush, II C. B. 191 ; Tamvaco v. Simpson, L. R. 1 C. P.
363 ; Honicastle v. Farran, 3 B. and Aid. 497 ; Bunney v. Poynter, 4 B. and
Ad. 568 ; Hewison v. Guthrie, 2 Bing. N. C. 755.
(63) Brown v. KeM-ley, 2 B. and P. 518 ; Mallard v. Duke of Argyle, 6 M.
and (ir. 40 ; Kearslake v. Morgan, 5 T. H. 513; Marsh v. Pedder, 4 Camp.
257 ; Belshaw v. Bush, 11 C. B. 191 ; Tapley v. Martens, 8 T. K. 457, ,
(64) Tapley v. Martens, 8, T. It. 451 ; Marsli v. Pedder, 4 Camp. 257 ;
Strong V. FUrt, 6 B. and C. MiO ; Anderson v. Hillies, 12 C. B. 499. .
(65) Luard v. lUitcher, 2 C. and K. 29.
(66) Saunders v. Drew, 3 B. and Ad. 445 ; Hicks v. Shield, 7 E. and B.
633, 26 L. J. {(}. B.) 205; Bynie v. Schiller, L. K. 6. Ex. 20, 319 ; trieves v.
VV. T. and P. S. Co. 22L. T. N. S. 615: Watson v. Shankland, 2 Ho. of
Lds. (So.) .304 ; He Silvale v. Kcn.lall, 4 M. and Sel. 37, 4.S.
(67) Manfields v. Maitland, 4 B. and Aid. .")82 ; .Jaekson v. Issacsoii, 27 L.
J. 392, 3 H. and X. 605 ; Hicks v. Shield, 7 E. and B. (t33.
(68) Hicks V. Shield, 7 E. and B. (i.33.
(69) (Sriggsv. Austin, 3 Pi.k 20 ; Watson v. I)uykin.k,3 .Toiuis .3.35 ; Pit-
man V. Hooper, .'» Siimncf ."lO, 6(i ; 1 Parsons Siiip])ing 222 ; 3 Kent Com. 266;
Al»l)ott Shipping (.Auu'.r. Kd.) 408, note; Mashitcr v. UuUcr, 1 Camp. 84.
(70) Secger v. Dnthie, 29 L. .1. (C. P.) 2.-)3 ; Divsscr v. Meyer, 16 C. B. N.
S. (»4() ; The Norway Br. and Lush. Ad. 377, 404; The Don Fianinsco, Lush.
Ad. 4(i8; Dakiu v. Oxiey, .33 L. .1. (('. P.) 115; see Maclachlan on Shipping
342, 487.
I
(71) McEwan v. McLeod, 46 (^ B. 235.
MASTERS.
63
CHAPTER 11.
Part I — Mastkus. Part II — ^Skamen. Part III — Passengers,
PAllT I- MASTERS.
The master, or as lie is usually called on the lakes "Captain," is
chari;;ocl with the sat'(;ty of the ship ami cargo, and of the life and
health of all on board. He is reipiired to conduct the navi<,'ation
with skill, and to act in his command with Justice, temperance and con-
sideration, and is expected to act with prudence and judgment in
all the atfairs of the owners and charterers.
The owners are bound by every lawful contract mad«! by him
regarding the usual emi>loyment of tlu; ship. The master is also
bound by every such contract (1). The ship and freight are also
bound to the performance of a charter.
The master is always personally bound by a contract for repairs
and necessaries to the shii) niade by himself, unless he excepts him-
self in express terms in the contract, (li)
The master has an implied authority to bind the owners but not
the vessel for all that is nec(!ssary to conduct the navigation of the
ship to a proper destination, but this autliority extends only to such
things as a prudent man would deem reasonably necessary and
proper to be done or supplied for the purposes of tlu; navigation of
the vessel. (3) •
Wher ante not to leave until all
hope is gone. (41)
The owners are not bound by illegal acts of the master. (42)
A masti-r cannot l)ind his owners by such contracts as are by law
recjuired to be under seal, unless his authority to do so is under
seal. (43)
The master liefore sailing inust see that the ship is seaworthy for
the voyage she is about to undertake;. (44)
Where a vessel turns out unseaworthy it is no excuse that the
master was ign jrant of same, having been deceived by the sliip-
builder. (45)
A master is ordinarily entri sted even in home port with shipping
the officers and crew, i\u) ftrdinary outfitting repairs and other
preparation of the .ship, loading and unloading cargo, signiiig bills
of lading fur floods actually received. (40)
A master of a jjurely jmssenger vessel has mo presumed authority
to take goods on board for freight. (47)
Third parties must be notified of a change of master, as if not the
owners will be re ipo'isible if they contract witd the master regarding
the ordinary employnjent of tlu; \es8el nndei- the idea that he is
still the m8«t(>r. (48)
A master is not bound to delay his voyage for the purpose of put-
ting the cargo in a fit comlition to be carried on, if such delay would
be against the interests of the ship owner. As for exami)le, where a
vessel ships a heavy sea which is lialile to damage the cargo, but
the ship is still in a fit condition to proceed, the master is not bound
n
MASTERS.
to go into the nearest port to tranship and dry the cargo. (49)
69
Where a vessel is in a way port and the cargo is not in a con-
dition t'> be carried on, the master should do the best that can be
done with it, and even wait until he gets it in fair order to proceed
if the delay so caused will not be unreasonable. (49)
A master is not bound to repair goods on the way bnt if necessary
he should open the packages for the purpose of ventilation, and
should if i)ossible unpack and dry goods that are suflering damage
from being wet provided this will not delay his voyage an unreason-
able time. (50)
Where a master is ordered by a harbor master, or other person in
authoiity, to moor in fi certain jjlace, or way, or to a certain buoy,
heshouM do so, but sliould l)e prepared to let go his anchor or take
further precautions in case the on(!.s ord(!red may not be sle, should endeavor to save
the most valuable goods first. (53)
Where a voyage is defeated by fault in the cargo the master
must act as a prudent and careful man woulil tliiiik best for the
interest of all and when he taki s measuitss to preserv*- the cargo and
return same to its owner he is entitled to I'etui n freight and
expenses. (54)
It is a master's duty to see that his ship is properly ballastc'd, and
stone or iron ballast should always be taken in preference to sand,
but where a mcst(!r is obliyrd to take sand biillast he should use
every possible means to prevent its getting into the pumps. (55)
m
70
MASTERS.
A master should keej) a carjLjo book in "wliicli tlio mate; or officer
checking the gooils as received should enter aii accurate description
of the goods shipped, the iiurnlter of jjackages, the marks, the con-
tents, and the names of the shippers and consignees, and also any-
thing unusual about them. (50)
A ship master who lands cargo subject to liis lien is liable to an
action for damages, where he gives a stop-order for more than his
lien, provided the: cargo is unduly detained in cons.'(jU(^nce. (57)
The owners are liable for tlm embezzlement of the mast(!r, t;xcept
in cases where tlu; goods were given personally to the master to be
taken without freight. (5S)
The maste)' cainiot liind lii« owner by an agreement to carry
friiglit free. (5'J)
Wlu're th(! tliart<'rei' has agreed to a|»puint a sttivedore to load,
but has not done so, it is the niastei-'s duty .still to do so. (ffd)
The term " F. 0. 13." free on l)0!ii'd, means delivery on board at the
consignors expense free from all conditions eliargi's and claims. (01)
Where goods are Wiirehouseil by the masti^r on ret(uest of because
of the consignee's ab.scnce or ilerauU, the waiibouseman is Kot liablr
for loss of goods liy lire. (O'J)
Where a master was engiiged, " ."(alary to be at after the rate of s<»
much per annum," and the followJMg was inserted : "Should owners
retjuire captain to leave the ship abioa(l,liis wages to cease on the duN
he Is reiptired to givtf up the connnand," it was b.eUi that he could
not be dismissed without a reasonable notice. (0.5)
Whei'e a masd-r lands his cargo at an in(t rmediate port, instead
of carrying it on to its proper port of delivery, although lie might
be preventt^l from doing thf latter for a long time on atcount of
Joe he is not entitled to liis full freiirlit, nor^is entitled to freight pro
rata unle,ss there is" evidence of a new contract to that eU'ect. (01)
NOTKS.
(1) nil)l)Hv. Cl.ailtuM. •.!(; b. .1. (Kx.) .•{'21; Molloy, ]ik. '2, Cli. 2, S. 14;
Myers v. Willis, 17 C H. V7, IS t'. li. aSti.
}(
SEAMEN.
71
(2) Morse v. Slue, I Vent. 190, 2.18; Blakie'v. Stemhridge, 28 L. J. (C. P.)
;i21); Thompson v. Finder, 4 C. and P. 1.58; Rich v. Coe, 2 Couip. 630.
(3) Beldon v. Campbell, 6 Exch. 886.
(4) Rinciuist v. Dieliell, (luildhall Sit. p. Mich. Ter. 40, Geo. 3.
(4) Burgon v. Sharpe, 2 Campl. .ViO; Sickens v. Irving, 29 L. J. (C. P.) 2"».
(.•i) Reynolds v. Jex, 34 L. J. (Q. B.) 2,51 ; Dewell v. Moxon, 1 Taunt. .391 ;
Harder v. Brotherstone, 4 Camp. 254.
(6) Thompson v. Havelock, 1 Camp. .">26 ; Oardner v. McCutcheon, 4 Beav.
534; ShallcrosH v. Oldham, 2 .1. and H. <)09; Diplock v. Blackburn, 3 Camp.
43; Best V. .Sanders, M. and M. 208; Charletcm v. Cotesworth, R. and M.
175 ; Scott V. Miller, 3 Bing. M. C. 811.
(7) Redman v. Wilson, 14 M. and VV. 476.
(8) The Margaret Mitchell, .lamieson 4 .Jur., N. S. 1193; Wilkinson v.
Wilson, 8 Moore P. C. 459; Gladstone v. King, 1 M. and Sel. S5.
(9) Topham v. :iiraddick, 1 Taunt. 572; White v. Lady Lincoln, 8 Ves. 309.
(10) Reg V. Leggett, 8 C. and P. 191, 194.
(11) Watson V. Christie, 2 B. and P. 224; Tlie Agincourt Mahon, 1 Hagg.
Ad. 271.
(12) Aitkin v. Bedwell, M. and M. 68; Lamb v. Burnett, 1 Cr. and J. 291 ;
Murray V. Moutrie, 6 C. and P. 471; The Lowther Castle, Ttaker, 1 Hagg.
A.l. .384.
(13) Couch V. Steel, 3 E. and B. 402, 23 L. J. (Q. B.) 121; Young v. Few-
son, 8 C. and P. 55; 17 and 18 Vict., C. 104, S. 223, Imp.
(14) The Mary Ann, L. R. 1, Ad. 8
(15) Alexander v. Dowie, I H. and N. 152; Kay, M. and S. 474.
(16) Storey on Agency, 119; (Jrant v. Norway, IOC. B. 665.
(17) .T»(!nueH et h1. v. Nicholl, 2."> Q. li 402.
(IS) KIIIn v. Til.' Mi.llan.l l!». Co., 7 A. K. 464.
(Ml) Ihe MiicLrod, 5 P. 1). 2.54, ."iO L. .1. P. 6, 29 W. K. .340— D.
(20) Siaramaiiga v. St^imp, { C. P. 1). 316; 48 L. .).. ('. P. 47H; altirmed
2.H W. K. 691. C. A.; Wii.«ate v. Kostei, 3 (^ M. 1». .W2 : 47 I.. .1., q. \i. .525;
3S L. T. 737 ; 26 W It. 6.VIC'. A.: Stuart v. M. an.I A. S. Nav. Co., .32 !-.
T. 2.57. K\.
(21) Ihincan v. Koster, 8 Moore, P. C. C., N. S. 411 ; The Toutonia, 4 L.
K., P. C. 171.
(22) The Chieftiiin. 1). and L. 104; The Princess Helenii, I.u.sii 1!K) ; Kay.
M. and S. 11.32.
(23) Tile l.,.pni8e, 2 W. Rob. 399j The AIl»ion, 27 L. T., N. S. 723; Kay,
M. an.I S. H;i2.
(24) Kay, M. and S. 11.33; King v. Glover, 2 B. uud P. N. 11. 206.
r 1**^
72
SEAMEN.
(2o) The I'anthea, 2r> L. T,, N. S. 389; The .SaJasia, 32 L. J., Adm. 41 ;
Kay, M. anas. 1137.
(2«) The Hope, 28 L. T. N. S. 290. The Chieftain, B. and L. 212; The
Mai y Ann, L. R. I Adni. 8; The Feronia, L. R. 2, Adm. 65; The Jenny
Luul, L. R. 3, Adm. 532; Kay, M. and S. 1137.
(27) Storey on Agency, .3.30; Kay, M. and S. 1131.
(28) Storey on Agency, 294 ; 3 Kent Com., Lect. 40, P. 101; Macladdan,
121, 128; ParsonB Shipping II, 12; Kay, M. and S. 1148, 1149.
(29) Williams and Rnice, 109.
(.30) Phillips on Ins. 707.
(31) Clifford v. Hunter, 1 Mood, and M. 103.
(.32) Lee's Manna', 68.
(.33) Maude and Pollock, P. 87.
(34) The Mercantile Bank v. (iladstonc, L. R. 3, Kx. 2.38, 2.33.
(35) The Tecnmseh, 3 W. Rob. 140; The Favorite, 2 C. Rob. 238; Hanson
V. Royden, L. R. 3, C. P. 49.
(30) The Atlantic, Lush. 566; The Camilla, Swob. 314; Maude fvnd
Pollock, 88.
(37) Maude and Pollock, 88 ; Williams and Bruce, l-OS.
(38) WiUiams and Bruce, 109.
(.39) Gardner v. tIcCutcheon, 4 Bcav. ■")42 ; Diplock v. lilackburn, 3 Camp.
43 ; Thompson v. Havelock, 1 Camp. 527.
(40) Storey on Agency, 334 a,
(41) Parsons on Shipping, II, 2.
(42) Wilson v. Rankin, .34 L. J. Q. li. 07.
(43) Priestly V. Fernie, .34 L. .1., Kx. 176; Willis v. Palmer, 29 L. J., C.
P. 194.
(44) ParsoiiS on Shipping. II, p. 1 .
(45) Holt on Shipping, 383; Sharp v. Grey, 9 Bing. 4.')7.
(40) Storey on Agency, 119; Grant v. Norway, IOC. B. 665; Kay, M. and
S. 470.
(47) Storey on Agency, 121 : K. M. and S. 470,
(48) Sanderman v. Scurr, L. R. 2, Q. B. 97 ; Kay, M. and S. 474.
(49) Nobiva V. Henderson, L. R. 7, Q. B. 237, Kxch.: 2 Parsons on Shin-
ping, 22; Lynx v. King, 12 Misso. 272 (Am.); Sonic v. Rodocanaclii, I Newb.
Adm. .504 (Am.)
(.')0) PropcUor Niagara V. Cordcs, 21 How. 7 (Am.); Illockerv. Wittt;id»ur(,',
12 La. Ann 410 (Am.); Parsons on Shipping, II, 22; Bird v. Cromwell, I
Misso. 81 (Am.)
SEAMEN. 73
(51) The William Lindsay, 29 L. T., N. S. 355.
(52) The Gratitudine, 3 C. Rob. 258.
(53) Notara v. Heudersoii, L. R. 7, Q. B. 233 Exch.
(54) The Cargo Ex Argoa, L. R. 4, Adm. 28 ; Christy v. Row, 1 Taunt. 315.
(55) Lee 'a >Ianual, p. 27.
(,-j6) Lee's Manual, 29.
(57) Mierbrodt v. Fitzsimon, L. R. 6, P. C. 300.
(58) Voucher v. Lawsuu, cases temp. Hard. 85, 194; Middletou v. Fowler,
Salk. 282.
(59) Grant v. Norway, 28 L. J., C. 1*. 93.
(60) Anglo. African Co. v. Lamzed, 1 L. R., C. P. 226; Hayn v. CuUiford,
3 C. P. D. 410.
(61) Brown V. Hare, 3 H. and N. 484, 4 H. and N. 822; ConUner v.
Hastie, 22 L. J., Ex. 299, 5 Ho. of L. 673 ; see also Foards Mer. Ship. 362.
(62) Foards Mer. Ship. ;J94.
(63) Creen v. Wright, I C. P. D. 591.
(64) Metcalf v. The Britannia Iron Works Co., 1 Q. B. D. 613.
11
74
SEAMEN.
CHAPTER 11.
PART II
HEAMEN.
The crew are bound to obey the master's commands in all lawful
matters relating to the navigation of the ship and the preservation of
good onler. ( 1 )
A seaman who has faithfully perfoi'med his service on board during
the time of service; is entitled to receive the whole of the wages agreed
on, and that amount is not to be lessened in consequence of the sea-
main's inability to i)erf(trm the stipulated service, if such inability has
jiroceeded from any hurt received in the ]>erf(U'inance of liis duty or
from natural sickness happening td him in the course of tlie voyage,
but where the illness which prevents him from working is the ettect
of his own wilfid act or default, he is not entitletl to wages during
the period of such incapacity. (2)
A seaman who has niivsrepresented his competoiu-y oi health at the
time of entering is liable to be disrated and to be ]iaid, if at all, on a
lower sciile than agreed on. (:i)
If a master discharges a seaman from the ship before his time is
up, the seaman will be entitled to wages for the time on board and
damages for the remainder of the stipulated tinui, deducting such sum
as he may have earned in the meantime in anothi'r vessel. (4)
It is a seanum's duty in case of wrongful dismissal b(!fore the end
of the agreed on service to make reasonable cH'orts to procure service
in anotlutr vessi;!.
Seamen's wages must be paid within three days after the (iargo has
been delivered or within five days after the seaman's discharge, which-
(^ver happens first. The former period howevei' has only reference to
when^ the stMiman is hired for a particular voyage.
However in all cases i,he seaman shall at the time of his discharge
SEAMEN.
75
be entitled to be jmid on account, a sum equal to one-fourth of tlie
balance due him. (5)
It is thought, however, that above rules oidy apply to sea-going
ships and that inland mariners are entitled to their full pay im
mediately on discharge.
Every master or owner who neglects or refuses to make payment
as above witliout sufficient cause, shall pay to the seaman a sum not
exceeding the amount of two days' pay for each of the days not ex-
ceediuf; \mi days, during which payment is delayed, and sucli sum
shall be recoverable as wages. (.5)
Payment of a seaman's Avages to him is good, notwithstanding any
previous sale or assignment thereof, or any attachment, incumbrance,
or arrestme,nt thereon. (6)
N'lt seaman shall Ity any agreement he may make forfeit his lieu
upon the iihiii or be deprived of any remedy for the recovery of his
wages, to which he would otherwise have been entitled, and every
stipulation in any agreement inconsistent with any provision of "The
Merchant*' Shipping Act," and every stipulation l>v which any sea-
man consents to abandon his right to wages in the case of the loss of
the ship, m to abandon any right which he may have or obtain in the
nature of salvage, shall be wholly void. (7)
The seaiuuji is presumed to be duly earning his wages, unless the
contrary Is shown to the satisfaction of the court. (8)
Where seamen enter fur a certain voyage and the master deviates
from that voyage and extends it, the seamen are not bound ludess by
a new agreement made thereto. (9)
Where u seaman has been wrongfully discharged at a port dillerent
fi-om that at which his agreement was to have terminated, he is en-
titled to his exi)ense8 to the port of departure. (10)
A master has authority to discharge a seaman during tlu; voyage
for unfitness (jr inability to prt.ceed, the stniman being entitled to
wages up to his discharge. (11)
If a seauum aies in the eoui'se of a voyage wages aro due up to the
time of his death. (12)
f"
t. *
76
SEAMEN.
Wliere there is a cliaiijfe of owners duviiig the voyage, the seaman's
liiriiig is at an end untha- tlie original article's, hut the original owner
or master is liable fctr any damages the seiuuan may sustain by such
cliange. '
If new articles are signed his rights are under them, hut if nut and
tlie seauiau coutinues to serve on board, it is evidence of an agree-
ment ttn the ohl terms.
•A seaman on change of owners has a right to leave, and is entitled
to wages up to the time of such leaving and also to damages, (13)
When the voyage is interrupted by the Avreck or loss of the ship,
the seanmn is entitled to wages up to the end of his work. (14)
Where the damage to the ship, though short of a total wreck, is of
so serious a nature that great delay is necessary to put her in a state
of repair, the master is authorized under such circumstances to dis-
charge the crew although they were shipped for the voyage, but in
su(;h a case he must, besides paying them up to tlie date of discharge,
allow them enough to enal)le tliem to reach tlu! port of departure. (15)
If a ship is arrestetl during a voyage for fraud or misconduct, or
illegality of purpose on the part of the owners or master, so that the
voyage is lost, the seamen, not bring in fault, are (Mititled, if hired by
the month, to wages up to the time of seizure anil any expenses
which they are necessarily put to in consequence. If hired for the
voyage they arc* entitled to damages as well. (l(i)
Any seaman wlio has signed an agreement, ami is afterwards dis-
charged liefore tlm connnencemcut of the voyage^ or liefore one
month's wages are earned, without fault on his side justifying such
discharge and without his (uuisent, is entitled, in addition to any
wages he may hav(^ earned, to compensation tV»r tlie damage caused to
him, not exceeding om; month's wages. (17)
A seamen is not entitled to wages for any period during which he
uidawfuUy refuses or neglects to work when required, nor for any
period during which he is unable to perform his duty liy illness
caused by his own wilful act or default. (18)
A seaman by tlesertion from the ship incurs a forfeiture of all his
SEAMEN.
77
waf,'os, cvpii of sucli wRfjos as have l)con oariiod and aro ])ayaMo
]»i'('vi(ms to (losortion. (19)
Althouifh the (luittin^' hu witliout loave oi- ovon in doHanct' of ])vo-
lii1)itiou, if the seaman intends to return, and does return there is no
desertion. (20)
Desertion is the ahandonuient of a ship liy any seaman huvfully
enga prevent the
departure. (22) , .
It is not desertion where the seaman leaves the ship because she
lias so few hands, that it would be a risk of life to go to sea without
getting more hands. (23)
A sailor who leaves a vessel because she in not in a fit state to go
to sea, (ir because the jmivisions are bad or short, or because of the
cruel and harsh treatment of the master is nut a deserter. (24)
So also a seaman Avho leaves a ship because she is about to deviate
from the course in the articles is not a deserter. This nf course does
not refer to cases where a shi]) is driven out of her course ])y stress
of weather, or where in consetpience of delay from the perils of the
sea the crew are put on short allowance. (2.5)
An engagement for a voyage lasts until the cargo isdis(harged.(26)
For (putting the sliip witlumt h-ave after her arrival at her desti-
nation and bef(U'e she is ])laced in security, ilu; seaman is liable to
forfeit a sum, not (iV(M' one months' wages. (27)
The wages of a seanum are forfeited where liis miscoTuluct has
be(?n such as to render the discharge of the seaman absolutely lu'-
cessaiy fur the saiety of the ship and the due preservation of
discipliiu". (28)
In the case of a mate whose position on board impose-s on him
II'
78
SEAMEN.
duties of ii liigluT rmlcr tlmn arc cxi»ccte(l fnmi the spaint'ii, haliituiil
(Irunkennoss, iioj^lcct of duties and disobedience are offences fully
suflicient to justify tlie forfititure of his waj^es, and such ncglij^ence
need not 1«! wilful as he is hound l»y entering not to be negligent.(29)
Occasional drunkenness, however, even by the master or mate does
not necessitate a forfeiture of wages. (30)
It requires much more cause to dei>rive a seaman of his right to wages
than an officer, as his responsibilitj' is nf»t so great, habitual drunken-
ness, gross disobedience of orders or insulxmlination are sufficient but
the court will lay much greater weight enalfy for fhe neglect
and the agreement with the .seamen will lie taken in favor of the
.seamen but cannot be used against them. (46)
A mate must \h- guilty tif great disoljedit nee, gross negligence or
clear want of .skill to justify a master in discharging him. (47)
Words of indefinite meaning iu the ship's articles will be read iu
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favor o( the seamen. (48)
SEAMEN.
A seaman's wages begin when he commences work, or when he
goes on board, or at the time mentioned in the agreempnt, \vhiph
ever first happens. (49)
Wages due or accruing due to any seaman cannot be attaclied or
airested by any court, and idl )Hiyments to a seaman of his wages are
gooil even where he has previously sohl or assigned theni, and any
such sale or assignment is not binding on the sailor. (50)
Where an insured ship is lost and the owner becomes banknipt the
seamen are entitled to be paid in full out of the insunmce money.(51)
Where the seamen misbehave themselves and leave, but the master
had used language which might have lead them to believe they were
dischaiged it is npt desertion. (52)
A seaman is not obliged to take proceedings to get his wages at the
port where he leaves the vessel or whei-e the vessel belongs, but may
proceed at any i>ort.
Seamen who have not been paid their wages should always i»lace
their case in the hands of a Proctor as marine lawyers are called in
Canada.
NOTES.
(1) Wtttson V. Christie, 2 B. ami P. 224; The Agincourt Ma'don, 1 Hagg.
Ad. 271 ; aee Maclachlan, Page 19.1, 2iul Edn.
(2) Chandler v. Grieves, 2 H. Bl. 608, note (a); Paul v. Ed^n, K. B. E. T.
2.'», Ow,. .1; Williams v. The Brig Hope, 1 Peter's Ad. Rep. 1.38; Shakerly v.
Pedrick, Crabbe (t.3 ; 17 and 18 Vict., C. 104, S. ]8.'>, Imp.; .30 and .11 Vict.
C. 124, .S. 8, Imp.; » Kent's Com. \m.
(.1) .1 Kent Com. 18«; Atkyns v. Burrows, 1 Peter's Ad. 247; Mitchell v.
TheOrigimbo, 1 Peter's Ad. 2riO; Sherwood v. Mcintosh. Ware 109; .10 and
:il Vict., 124, S. 8, Imp.
(4) 3 Kent Com. 187 : Abbott Ship. (Am.) 020; Kean v. The Gloucestei, 2
Dallas 36 (U. S.); The Elizalieth, Gull, 3 Dods. Ad. 405; The Beaver, Grier-
son 3 C. llob. Ad. 92 : Uobinet v. The Exeter, 2 C. Rob. Ad. 261.
(5) 17 am) l/S Vipt,, Imp., C. 104, S. 187.
(6) 17 and* IS Vint., bnp., C. lOi, 8. 2S:{.
(7) 17 ancl 18 Vict., Imp., C. 104, S. 182.
I
(8) 17 and 18 Vict., Imp., C. 104, S. 158.
(9) The Minerva Bell, 1 Hagg. Ad. 362 ; The Elisabath, 2 Dods. 408.
(10) R. Kent Com. 187 : Aoyt v. Miiaflra, 3 Johna, S18; The 'EliiJAbiith
Gull, 2 Doda. Ad. 405; Abbott (Am.) 620; Hochtter v. DeLatour, 22 L. J.
(Q. B.) 455.
(tl) 17 anU'l8 Vict., C. 104, 88.185,209, Imb.; Button v. *nioniJMon, L.
R. 4,T. K SSO.
(1^) AMntrong v. Hmlth, 1 B. and P., N. R. 290; Cuitar v. Powell, 6 T.
R. .120, .S24 ; Beale v. Thompson, 3 B. and P. 405, 427 ; Nttttentrom t. The
Hazard, Bee's Rep. 441 (Am.); Carey v. The Kitty, Bee. 255.
(13) Robins v. Power, 27 L. J. (C. P.) 257.
(14) 17 and 18 Vict., C. 104 (Inup.), 8. 185; The Reliance, Oreen, 2 W.
Robb. 122; The Neptune, Ckrk, 1 Hagg. Ad. 227.
(15) Robinetv. The Exeter, 2 C. Rob. Ad. 264; The Elizabeth Gull, 2
Dods. Ad. 405.
(16) 3KMttColh. 188; Molloy, Bk. 2,'C. 3, 8. 7; The Malta, Y6ung 2
Hagg. Ad. 162.
Ill) 17 and 18 Vict., C. 104, 8. 167, Imp.
\.H) n «>•< 18 Vict., C. 104, 8. 188, Imp.; 30 and 31 Vict., C. 124, 8. 8,
Imp.
(19) The Pearl, Denton, 5 C. Rob. 224 ; The Baltio Merchant, 8mith 'Ed.
Ad. 86; The Weati.noreland, Brigstock 1 W. Rob. Ad. 216; The Blake,
Haddto 1 W. Rob. Ad. 87.
(20) Kieard v. Roberts, 3 Esp. 71 ; the Ealing Grove, Faluoh^r 2 H4gg.
Ad. 15; The Two Sisters, Davi. m, 2 \V. Rob. Ad. 125; The Westmoreland,
Brigstock, I W. Rob. Ad. 216 ; Thp Agincourt, Mahdn, 1 Hagg. Ad. 281 ;
Button V. Thon>paon, L. R. 4, C. P. :)30.
(21) The Westmoreland, Brigstock, 1 VV. Rob. Ad. 216, 221; The Two
Sistfirs, Davison, 2 VV. Rob. A.f 125.
(22) The Bulwer, Brown, 1 Hagg. Ad. 163; The Pearl, Dehton, 5 C. BMt.
Ad. 224 ; The Jupiter, Crosbie, 2 Hagg. Ad. 221.
(23) Hartley v. Ponsonby, 7 E. and B. 872 ; The Araminta, 18 .Tnr. 703.
(24) 17 and 18 Vict, C. 104, 8. 221, Imp.; The Caatilia Stewart, 1 Hagg.
Ad. 59 ; Edward v. Trevellick, 4 E. and B. 59 ; Lindand v. Stephens, 3 Eap.
269 ; The MiAerva, Bell, 1 Hagg. Ad. 347 ; The Test, Brown, 3 Hagg. Ad.
(25) The Cambridge, Barber, 2 Hagg. Ad. 243 ; The Josei^hine, 1 Swab.
Ad. 152; 17 and 18 Vict., C. 104, 8. 223.
(26) The b»ltio Merchant, Smith, Edw. Ad. 86 ; The Pearl Denton, 5 C.
Rob. Ad. 224 ; The Cambridge, Barl>er, 2 Hagg. Ad. 246 : Neave v. Pratt, 2
N. R. 408.
(27) McDonald v. JopHng, 4 M. and W. 285 ; Frontine v. Frost, 3 B. and
P. 302 ; 17 and 18 Vict., C. 104, 8. 243.
82
SEAMEN.
(28) Robinet v. The Kxeter, 2 C. Rob. Ad. 201 ; The Blake, Hadden, 1 W.
Bbb. Ad. 7.3.
(29) The Duchess of Kent, Newby, 1 W. Rob. Ad. 28.S; The Exeter, 2 C.
Rob. Ad. 2(il ; The Lima, Fewson, 3 Hagg. Ad. 346.
(30) The Atlantic, Lush. Ad. 566.
(31) The Oondolier Rhodes. 3 Hag^. Ad. 191 ; The Duchess of Kent,
Newby, 1 W. Rob. 285 ; The New Phivnix, Lewthwaite, 1 Hagg. Ad. 195 ;
The Malta, Young, 2 Hagg. Ad. 1.58: The Blake, Hadden, I W. Rob. Ad.
73 ; The Susan, Hamilton, 2 Hagg. Ad. 229 ; The Test, Brown, 3 Hagg. Ad.
315; Train v. Bennett, 3 C. and P. 3.
(.32) The Test, Brown, 3 Hagg. Ad. 315; Miller v. Brant, 2 Camp. 590;
Train v. Bennet, 3 C. and P. 3; 17 and 18 Vict., C. 104, S. 243.
(33) 17 and IS Vict., C. 104, S. 244.
(34) Robins v. Power, 27 L. J. (C. P.) 257.
(35) 4 Anne, C. 16, .S. 17, 18, 1».
(.36) 17 and 18 Vict., C. 104, S. 149, 228, 225, Imp.; The Josephine, 1
8wab. Ad. 152; Couch v. Steel, 3 K uiid B. 402.
(.37) Organ v. Bro«lie, 10 Exch. 449 ; Priestly v. Fowler, 3 M. and W. I ;
Wigget V. Fox, 11 Ex. 8.39; Potter v. Ftiulknur, .31 L. .1. ((^. B.) m.
(38) The Druid, Newtc.n, 1 W. Kol>. Ad. .391 ; (Jallauher v. Viper, .33 L. .1.
(C. P.) 331; Bowchcr V. Noidstrom, 1 Taunt. 568; MciMumis v. Cricket, 1
East 106.
(.39) :)Oand 31 Vict., C. 124, .S. 9, Imp.; Couoli v. Steel, 3 E. and B. 402.
(40) Couch V. Steel, 3 El. und Bl. 407; Kay, M. anr extmordinary services the law allows them salvagii (6)
Nothing will justify n^sistance to any exercise of the master's
authority required by the discipline of the ship. (7)
But uniHicessary harshness, undue restraint, or restraint improperly
continued, will render the nuister liable to an action for damages. (8)
A captain of a ship has authority to do what is necessary for the
safety of those on boanl, and in cases of danger can assign the
jMissengers to any situation they are capable of ftUing for the common
good. (9)
A person may Im' rtiiiioved from tho dining tablo or mloon if \m
conduct iH intulembU*, although such conduct might be pro|>er in the
steerage. (10)
For injury Huttered by the passenger from the negligence of the
owners or their servants on board, the oWners are answerable. (11)
If the injury is due to the negligence of another ship, her owners
are liable, notwithstanding there was negligence also on boanl the
ship the passenger was on, provided tho accident coidd have been
avoided with ordinary care liy the other. (12)
'Infants mui^t be in Charge of some one fit to take care of them
during the passage. (13)
The own6r is the person Ultimately liable at the A(^tion of a passenger
umler such circumstant^es as give the passenger a right to recover. (14)
A steam-lxtat owner who departs from the pi-oper and ortlinary
niitnii^r of landing passengers is res])onsible for tho increased danger
of ihe methoil he uses. For example, where he asks liis passengers
to land without putting out a plank or even stopping his Ixmt, lie is
liable for iiijuries sustained by them on account of doing so, l)ut
whei-e it is fi-om the jiasstMiger's own fault, for instance occurring by
his jumping too noon, th»f passeng('r niUitput up with his loss. '(IH)
A purser is not authorized to attempt to take forcible itossession of
pro|M^rty belonging to a passenger, and in his actual possession, for
the purpc)se (if retivining same because the pasf*enger had not paid
his fare, rtor can the passenger 'b«; impriscmeU because he has not
jHiid his fare. Where either of the above coui-ses is pursued, the
purser is idone liable and not the vesstd owners, as the purser is not
acting Within his duty. (16)
Thert; is no lien for ]>assag(> money oi anything else on the i>ei-Hon
of the paasiinger hihiself, or on the clothes which 'he is ActuAlly wear-
ing, wh^n'he is aboUt to leav«' the iSihip ; but a mafitc^r has a lien for
passage money upon the luggage of a passenger and uiKin any pr<)perty
he may have on boaitl. (17)
Masters and owners are U(\t liable 'for injuries 'tb paHsengers' t>er-
80U8 which hap])en by uun-o aciddent, Avithout fault on the part of tlie
?As^^a»«^
8^^
master or owner. (18)
As a general rule carriers of passengers by water are bound to take
all who apply for passage and who are ready and willing, and offer to
pay the regidar fare, provided there is rpoui and no spqciol reason for
rtifusal exists. (19)
The fact that the ship is full, or that the person y^anting passage is
afflicted with a contagious disease, or is likely to aimoy the other
passetigers by drunkunuesa, or by his disreputable appearance or
manners, will justify a master in refusing [mssage. (20)
Where a passenger who might have been refused ])assage on
account of his bad charnctcr or habits hii» been received, he cannot
be put off so long as ho acts properly on iMnmj, and the master must
treat him in the ordinary propter manner. (21)
It is tlie duty of the owner and m)i^ter to supply the passengers
with suitable accommodation by day and night, with sutticicut and
M'holcsome food, and to treat them respectfully and kindly. (22)
The master has ix)wer to exclude a passenger from the general
dining table if he misconducts himself thei-c, or if his conduct is un-
gentlemanly in the strict sense of the word. (23)
Where the passage money is paid in advance, but the ship is lost
before the voyage commences, the money can be recovered back, but
where the loss (wcurs after such commenceniont it cannot, luiless the
contract allows it to be done. (24)
RUNNING ON 8UNPAY.
There is no distinction between travellers for pleasure and for
business in the "Loril's Day Act," and a conviction of a vessel owner
for carrying excnrsionists on Sunday was licld bad. (25)
R. S. 0., C. 189, which forbids persons carrying on their ordinary
business on Sunday, (Iocs not apply to persons in the public service
of Her Majesty. Therefore a Government lock tender on a canal is
authorized to lock a vessel through on Sunday. (26)
Chapter 44 of tlie Ontario Statutes of 1885 prohibits Sundoy cx-
cureions of certain kinds. See Act at end of book.
86
FABSENGEBS.
NOTES.
(1) Letiian v. (]«tr«loii, 8 C. and P. 392 ; (iillan v. iSimpkin, 4 Camp. 641.
(2) Couch V. Hteel, » K. ami H. 402, 2.3 L. J. (Q. B.) 121.
(») Cranaton v. Marshall, 5 Kxch. .30r>; 18 anil 19 Vict., C. 119, 8. 57.
(4) Key v. Leggett, 8C. aiul F. 191, 194; King v. Franklin, 1 F. and F.
.%0; Aklworth v. Htewart, 4 F. and F. 957, 14 L. T. N. 8. 862.
(5) The BnuiBton Wilson, 2 Hagg., .3 note; Newman v. Walters, .3 B. and
V. 612 ; Boyiw v. Bayliffe, 1 Camp. 57.
(6) Newman v. Walters, .3 B. and P. 612.
(7) Boyce v. Bayliffe, I Camp. 57 ; Prendergast v. Compton, 8C. and P. 454.
(8) Aldworth v. 8tewart, 4 F. and F. 957 ; Boyce v. Bayliffe, 1 Camp. 57.
(9) Boyce v. Bayliffe, 1 Camp. 57.
(10) Prendergast v. Compton, 8 ('. and P. VA.
(11) Skinner v. L. B. and 8. C. U. Co., 5 Kxch. 787 ; Malton v. Nesbit, 1
C. and P. 70.
(12) Davies v. Mann, 10 M. ami W. 546 ; Rigby v. Hewitt, 5 Exck. 240.
(I») Waite V. The Northeastern Kailway Co., 27 L. J. (Q. B.) 417; (in
error) 28 L. J. (Q. B.) 258.
(14) 18 and 19 Vict., C. 119, 8. 18, Imp.
(15) Cameron v. Milloy, 14 C. P. .340.
(16) Emerson v. The Niagara Navigation Co., 2 O. R. C. P. D. 528.
(17) Wolfe V. Summera, 2 Camp. 6.31.
(18) Crofts V. Waterhouse, II Moo. 1.38; Christie v. Griggs, 2 Camp. 81.
(10) Parsons on 8hipping, I, 61 1 (Am.); Angell on Carriers, .'•25, 612 (Am.)
(20) Parsons on 8hipping, I, 614 (Am.); Angell on Carriers, 4.37 (Am.)
(21) Coppin V. Braithwaite, 8 Jiir. 875, Ex. Ch.
(22) Kay on Masters and 8eamen, 821 ; Parsons on 8hipping, I. 625, 639.
(23) Kay on Masters and 8uamun, 818.
(24) Kay on Masters and 8eanian, 826.
(25) Kegina v. Oaggett, Kegiiia v. Fortier, 1 0. R. Q. B. D. .^37.
(26) Regina v. Berriniau, 4 O. R. Q. B. I). 282.
PROTESTS.
sr
CHAPTER III.
Part I — Piiotbhts. Pafit II — Demurraoe. Part III — General
Average. Part IV — Stoppage in Transitu.
PART I— PROTESTS.
Oil the ship's arrival in port the master shouUl, if there is reason for
beUeving that the ship or ciu'go has sustained any damage from bad
weather, accident or otherwise, attend at a notary's office and enter a
pivtest.
A protest should be signed by the master and mate, and in serious
cases by one or more seamen, and should contain the names of the
ship and master, the port and time of departure, the nature of the
cargo, tke date of her arrival, the storms and Avoather encountered on
the piiAsage, the accidents which occurred, and if in any way-iK)rt, the
necessity which compelled her to put in there, in fact a history of
the main particulars of the voyage and course pursued by the ship. ( 1 )
Where a ship is not unloaded in a reasonable time, or at the end of
the lay-days allowiul in t\n' port of discharge, tlie master should make
a pnttcfst against the consignee or jiarty receiving the cargo, giving
him notice of the date when tlie shij) was ready to discharge, of the
fact that he has given due notice thereof, of the number of lay-days
allowed, of the date they ended, and of the fact that the ship then
commenced to be on demurrage.
Protests should be entered against a «!hart«'rer for not loading or
uidoadiug a ship in the time agreed, or if no time agreed on, then in
a reasonable time.
A merchant should enter a jn-otest against a master for drunkenness,
for not starting in gootl time, for not signing bills of lading in the
customary form, or for any irregularities. (3)
88
PROTESTS.
It is the duty of the master and crow to j»ivc «'.orr('(!t infonnntioii
resjicuting the circuinstniiccs of the voyage and make a tioK^ protest
when required to do so by and at tlie exiKJUSo of the ship-owners, «»r
any of the owners of the cargo or the consignees thereof who rocjuiri!
it. (3)
Protests should ho entered as soon as possible after the an-ival of
the ship. Where she aiTives towards evening the next day will
answer, but where the ship requires the constant attendance of the
captain and the protest is not entered for some days after the arrival
of the ship, the delay and causes of same should be noted in the
])rote8t. (4)
Where there is no notary at the itlace the ship is, or convenient
thereto, the protest should be noted lief(tre some jH'i-son holding a
p"il)lic ofttce, such as a magistmte, principal customs otticer, i^c.
The protest must bear date on the date it is signed.
The original protest is always kept by the notary, or otticial taking
same, and where it is made against any particidar i»er8on as a co'>
signet;, charterer, «fcc., a coi)y cju'titied by the notary shoid MADE MANIKKST, to all
whom it doth or hIiiiU or may ooiiceni, that on th«i
«l«y of in the year of our
Lord one thousand eight hundred and l>efoi'e nic
a Notary Public, l»y R«)yal Autiiority
duly appointed, in and for the Province of residing at
in the said County.
Pebaonally AfPKAUEO, Master of
tlie of burthen,
of tlitt Poi*t uf and brought with him .
PROTESTS.
89
Mate and
on board of the said
and gay as follows: That,
each of whom did solemnly declare
And we severally make this Solemn Declaration conscientiously believing
the same to be true, and by virtue of the Act passed in the thirty-seventh
year of Her Majesty's Keien, intituled " An Act for the suppression of volun-
tary and extra-judicial oaths."
Declared before me at the of in
the County of severally, by the said
this day of A. D., 18
Wherefore I, the said notary, at the request of the said
Master of the said
as well on his own behalf, as on behalf
of his Owners, Freighters, Officers, and Crew, have protested, and by these
presents, do most solemnly Frotest, against all and singular the cause and
causes operating as aforesaid to the serious detriment of the said
her cai;go,
sails, rigging, and other gearing, or any part or portion thereof and more
especially against the storm and heavy winds and gales, high and dangerous
seas, experienced on her late voyage, bound as aforesaid : and for all Tosses,
costs, charges, damages, interest and expenses whatsoever, suffered or sus-
tained, for or by reason or means of the facts and circumstances set forth in
the foregoing «lecluration, to be claimed an«l recorded in time and place con-
venient : and tliese presents to serve and avail for that purpose.
In witness whereof, I have hereunto set my Hand and Official Seal, tht
day of A. D., 18
Notary Public.
I, of the of
in the County of
a Notary Public, by Royal Authority duly appointed, in and for the Province
of do hereby certify that the foregoing is a true copy of the Declara-
tion of of the
vessel taken I)efore me this
day of A. D., 18 and noM- filed in my office.
Notary Public.
NOTES.
(1) Abbott on Shipping, by Shee, Ft. IV, C. 5 ; Kay, M. and S. 251.
(2) Abbott on Shipping, by Shee, Part IV, C. 5.
(3) Kay on M. and S. 25.3.
(4) Ablwtton Shipp. by Shee, Part IV, C. 5 ; Kay M. and S. 252,
90
DEMITRRAOE.
CHAPTER III.
PART II.
DRMURRAOK.
There is always in every charter a iixed or reasonable time to
load and to discharge, and for the delay of the ship beyond this time
without the fault of the master, he is entitled to compensation which,
when fixed by contract, is called demurrage.
Usually the charter fixes the number of lay-days and the amount
per day to be charged for demuri-age thereafter, but if the former is
omitted the law implies a stipulation for a reasonable time, taking
into account the trade and the port the vessel is in. (1)
The law allows damages for any delay longer than the set lay-days
or the reasonable time implied, whenever such delay is attributable
to th;! ship-owner or his agents. (2)
It is no excuse for the merchant that the time has been lost
through ignoi-ance of the ship's arrival as he is bound to watch for
it, and is not entitled to notice. (3)
Where however, the delay is caused by the master or ship-owner,
whether it be by his neglect or inability to get clearance papers, or
by the state of the weather or damaged condition of the vessel, the
merchant is not liable. (4)
An assignee of a bill of lading is liable for demurrage caused by
his fault on receipt of the goods if the bill of lading expressly makes
them deliverable on jtayment of same, even where he denies his
liability for demurrage at the time he receives the goods (5). It ia
a question whether he would be also liable for demurrage at the port
of lading. (6)
DEMITRKAOE.
■tfl
If the bill of lading makes the goods deliverable on payment of
demuiTage as jier charter, or " of the agreed freight and other con-
ditions as per charter," or " of so much per day after a certain time,"
it is good evidence of the assignee's liability for demurrage incurred
through his fault (7). The words " paying for the said goods as per
charter with primage and average accustomed," refer only to freight
and not to demurrage. (8)
18 and 19 Vict, 0. Ill, transfers the rights and liabilities of the
contract in the bill of lading to the consignee or indorsee, and vests
the same in him as if the contract had been made with himself.
Where there is nothing in the bill of lading in reference to de,
murrage which would amount to evidence of a contract, the master
has no right of action against the consignee or indorsee for demurrage
in consequence of his receipt of the gooila thereunder. (9)
In reckoning time for demurrage days and runnino days mean
the same thing, i e without excepting holidays (10) in case of a usage
or peculiar custom to the contrary it is different. (11)
The time by law begins to run on the arrival of the ship at the
usual or mentioned place of disciiakuk in the pout of dkstination,
if there is nothing in the contract to the contrary. (12)
The jmrties are of course bound by their contract if they have
fixed a certain period from which the demurrage is to begin
running. (13)
A charter signed by both parties with the knowledge that the
loading machinery is under repair is satisfied in the absence of
agreement as to time, if the loading machinery begins to work with-
in a reasonable time after the charter is made, and the vessel is
loaded in a reasonable tiuie after such conimuncement. (H)
If the parties contract without notice of existing impediments and
do not bargain against them, the freighter is liable for unreasonable
dehiy. (15)
Where the whole voyage has been prevented, the action should
be for damages for non-performance of the charter contract and not
one for demurr»ge. (16)
92
DEMURRAGE.
Where phrases appear in a. charter or bill of lading with a peculiar
sense derived from the custom of merchants, or the usage of a par-
ticular port, or the special trade in question, evidence is admissable
to explain them. (17)
The former rules respecting demurrage are all on the assumption
that one freighter has loaded the ship.
In the case of a general ship where there are a number of freight-
ers, each of whom has contracted to pay a certain rate per diem
demurrage after a given day, the rule generally received as the
only one sanctioned l»y legal principle is that the strict legal in-
terpretation of the terms of the contract should govern. Therefore,
each party must pay the full rate he has contracted to pay for the
full time the demurrage runs. (18)
Lord Tenderden, however, who was of opinion that if a consignee can
not get his goods because some other person's goods prevent him he is
not liable for the delay of the vessel dissented from the above
roll. (19)
Where a shi[) is delayed after being loaded by ice or bad weather
the freighter is not liable for deiiiui'iage for such delay. (20)
Sundays are counted in demurrage unless there is a custom or
bargain to the contrary. (21)
• Where the delay is caused by the customs officer's wrongful act
or by the crowded state of the docks,the freighter is not excused. (33)
Where nothing is said about the demurrage in the bill of lading,
the cargo is to be received within a reasonable time and as a general
rule the consignors are under the above circumstances the proper
persons to be sued. (23)
A master who after being notified that another vessel is ready to
proceed to sea, will not move out of her way to let her
pass and so obstruct the stream for an unseasonable length of time
is liable. (24)
Demurrage is allowed to the owners of a ship damaged by
ColUsion during the time that she has been necessarily delayed re-
DEMURRAGE.
98
pairing the damages of the collision aqd transacting business clearly
connected with such collision. (25)
Where no time is fixed for the discharge of the cargo the ship
owner and merchant have each to do his part in reasonable time,
and where the unloading is delayed by a cause over which the
merchant has no control and the delay is without fault on his part .
he is not liable. (26)
A fraction or part of a day counts as a full day. (27)
Where a charterer is allowed a given number of days to unload,
he takes the risk of any ordinary vicissitudes occurring to prevent
loading after the ship is at the usual place of discharge and is liable
for demurrage after the lay-days are up. (28)
A shipper in a general ship is liable for the faults of his co-
shippers and undertakes to bear the risk of being prevented from
discharging his portion of the cai'go from the ship within the lay
days by the default of other shippers or consignees. (31)
A consignee has been held liable for unduly detaining a ship
where there has been no express agreenient as to demurrage, he
b(nng bound to unload within the time prescribed by custom of the
port, but where the delay was caused by a most destructive fire
occurring, the consignee was lield not liable without proof of
negligence, as in the absence of express condition he is only bound
to use a reasonable dispatch. (32)
A bill of lading so far as it is a eontract cannot be explained by
paroe, but so far as it is a rcjceipt it may be. (33)
In th»( United Stairs demurrage b(!comes due for dehiy without
express contract as an implied lial)ility, and a lien exists for
same. (34)
In estimating demurrage a i)art of a day counts as a whole
day. (35)
An exemption clause exempting the charterer from liability under
a charter-party which provides for demurrage at the port of
discharge only, does not apply to undue delay at the port of
loading. (36)
9^ PRIMAGE AND AVERAGE.
A captain or vessel owner h«8 no lien on the cargo iot demur-
rage. (37)
PRIMAGE AND AVERAGE. '
Primage is a payment in the nature of a gratuity made by the
freighter to the master of the ship upon delivery of the cargo.
By virtue of long usage, it maintains ita place notwithstanding
the jealousy of the common law, which allows no man to have an
interest against his duty. (29)
Unless expressly mentioned in the charter or in the bills of lading
it is not recoverable. (30)
Average denotes several petty charges which are to be borne
partly by the ship and partly by the cargo, such as the expense of
tiimming, beaconage, &,c.
Both above charges are almost out of date on the inland waters
of America, and charters are generslly made without reference to
them.
! ; I
NOTES.
(1) Crow V. Fiilk, 8 Q. B. 467; BHnnestei- v. Hodgson, 2 (amp. 488;
liodgers v. Forresters, 2 ('amp. 48,S ; Hill v. Jolm, 4 Camp. H'il ; Honi v.
lleiiBusan, 2 M. uihI llol). H26.
(2) R«naall V. Lynch, 12 Kast 179. 182; Moorsom v. Bell, 2 Camp. 616;
Teniperly V. Brown, I Dowl. N. S. .SIO; Stevenson v. York, 2 (Miitty .I?©;
Leer v. Yates, H Taunt. .'{87 ; Blown v. .loluiM>n, 10 M. and W. XU ; Struck
V. Tenant. T. T. 1806; Barret v. Dutton, 4 ('amp. ."l.'W; Kenwick v. Sclunal/,,
L. H. .3, C. \\IM:\; Hu.lwm v. K.le, L. U. 2, if. B. 566; Hill v. John, 4
(^amp. ;W ; Kurnell v. Tiionias, .T Bing. 188; Hill v. Idle, 4 Camp. 327;
Kriehsen V. Barkworth. :i H. and N. 60, 27, L. J. (Kx.) 672; Crofton v.
rickernell, 16 M. and \\. 820.
(.'{) Harnian v. Clarke, 4 Camp. l.'tO ; Harman v. Mant, 4 Camp. 161;
Kriehsen v. Barkworth, 'A H. and N. 804, 28 1-. .1. (Kx.) O.'i.
(4) li(«rrett v. Dutton, 4 Cajnn. .'W.'l ; Balhy v. I)air..yaiie, 7 A. and K. 019;
.Taniiewui v. Uurie, (\ IJro., C. V. 474: IVingle v. MoUett, 6 M. and W. 80;
Ford V. Cotesworth, L. K. 4 if. B. 127.
(5) Stindt V. Roberts, .'> I), and L. 460, 17 L. J. (Q. B.) 166; Wegener v.
Smith, 15 C. B. 720; Sanders v. Van/.eller, (in error) 4 (.). B. 2«) ; Kemp v.
Clark, 12 (j. B. 047.
(6) Smith v. Siovukiug, 24 L. J. (Q. B.) 267, (in vrrur) 5 E. uud U. 580.
DEMURRAGE.
96
(7) Stindtv, Rolierts, 17 L. J. (Q. B.) 1««; Jesson v. Holley, 4 Taunt. 52;
Shadford v. Corg, 32 L. J. (Q. B.) 78; Wegener v. Smith, 15 C. B. 729.
(8) Gray v. Can-, L. R. 5, Q. B. 522; Smith v. Sieveking, 24 L. J. (Q. B.)
257.
(!>) Brouncker V. Scott. 4 Taimt. 1; Evans v. Forster, 1 B. and Ad. 118;
Smith V. Sieveking, 24 L. J. (Q. B.) 257; Cawthorn v. Trickett, 15 C. B. N.
S. 754; Foster V. Colliy, 28 L. J. (Ex.) 81, 88 ; Shand v. Sanderson. 28 L. J.
(Ex.) 278.
(10) Cochran V. Retlierg, 3 Esp. 121; Brown v. Johnson, 10 M. and W.
331 ; Niemann v. Moss, 29 L. J. (Q. B.) 200.
(11) Cochran v. Retl)erg, 5 Esp. 121.
(12) Kell v. Anderson, 10 M. and W. 498; Brown v. Johnson, 10 M. and
VV. 331 ; Leer v. Yates, 3 Tannt. 387 ; Parker v. Winlo, 7 E. and B. 942, 27
L. J. (Q. B.)49; Bsistifal v. Lloyd, 1 H. and C. .388, 31 L. J. (Ex.) 413;
Hillstrom v. Gibson, 8 Sessions Cases (1870) P. 403; Tapscott v. Balfour, L.
R. 8, C. P. 46 ; Brereton v. Chapman, 7 Ring. 559.
(13) Seoger v. Duthie, 30 L. J. (C. P.) 65; Giblions v. De Buiason, 1 Bing.
N. C. 283 ; Marshall v. IJe Lji Torre, I Esp. 367 ; Connor v. Smytlie, 5 Taunt.
6,-)4; Sweeting V. Darthez, 14 C. B. 5.38, 23 L. J. (C. P.) 131; Valente v.
(Jii»l«, 28 L. J. (C. P.) 229; Galloway v. Jackson, 3 M. and Gr. 960, 5 Bing.
N. C. 71 ; Stevenson v. York, 2 Chit. R. 570.
(14) Harris v. Dreesmau, 23 L. J, (Ex.) 210.
(15) Adams v. Royal Mail S. P. Co., 28 L. J. (C. P.) 33 ; Ashcroft v. Crow
Orchard Colliery Co., L. R. 9, Q. B. 540.
(16) Smitii V. McGuire, 27 L. J. (Ex.) 46."». 472; Liddard v. Loi>e8, 10 East
525; liarkcr v. Hodgson, 3 M. an v. McDougall, 23 Q. B.
.'180; Burnet v. Cimger, 23 C. P. 5tK).
(24) Hall V. Ewart, .'13 Q. B. 49L
(25) The City of Buenos Ayres, 25 L. T. 672, Adni.
r;i
I I
98
DEMUBBRAGE.
I'^i
I ergen, 1
Q. B. Div. 269.
(37) Laird v. Woodward, 5 Q. B. 190.
I ■oard for its own specific safety and not for the purpose of
assisting to save the rest the loss is not a general average one (3)
I
^TT
f I
98
GENERAL AVERAGE.
I I
i I
I i ;
For an act to be allowed as general average it Ih not necessary
that success should be proved to have followed it as a natural
consequence.
The safety of the whole ship and cargo must be in immediate
danger to justify general average acts, and therefore casting away
part to merely prevent a threatened partial loss is not within a
master's duty and he has no such power.
It is the master's duty in case of a general average loss to draw
up an account of same as soon as lie reaches port, and this state*
ment must be swoi'n to by himself and two or three of the most
prominent of his crew.
Where an act comes under all the before mentioned requirements
of geneml average, the master is the agent of the mei'chant or peraon
whose proi)erty is destroyed for the purpose of such destruction or
jettison, and the merchant is entitled to a contribution from the
other owners to help replace his loss. (3 a)
Cargo stowed on deck and jettisoned is not a good foundation for
a genei*al average claim unless it is a usage of the trade to carry
similar deck cargoes, or unless it is specially so agreed before haud.(4)
Under the United States laws the rule is not to apply general
average to the loss of deck cargoes, as the owners of the cargo under
cover ought not to contribute for the loss of goods on deck, even
where it is the usage of the trade to carry cargo on deck, (ft)
Where a ship is stranded, or in danger of sinking, or is too deep
in the water to enter a port of distress, and goods are unloaded into
boats or otherwise, or merely removed from their former place of
safety for the purpose of relieving the ship in such distress and are
in consequence lost, it is a general average loss. (G)
Where part of a ship's apparel is sacrificed for the safety of the
i-est of the venture, this is a general average loss. For example,
where masts or sails ai-e cut away to relieve a ship, or where a cable
is cut to save a vessel from getting on shore, and in fact any case in
which articles ai-e used for other than their proper services for a
common benefit and are lost in consequence. (7)
! I '
GENERAL AVERAOR
9^
Boats cast overboard or cut away are the subject of general aver-
age, unless in case of boats cut from davits if it yrva against the
usage of the trade to carry them so. (8)
Where a ship is voluntarily stranded to escape destruction and is
afterwards saved, the damages are considered as coming under the
general average law. (9)
Where a ship is so badly injured as to be forced for the common
safety to deviate from her voyage in order to repair at a port of
distress, the expenses of entering the port, such as pilotage, towage
when disabled, dues and other indispensible expenses and the ex-
penses of unloading the cargo when unloaded for the sake of both
ship and cargo, all come under the general average law. (10) Such
is not tb« case where the unloading was merely for the purpose of
preserving the cargo, or where ship's stores are unloaded after the
cargo is out. (11) And the expense for storing the cargo comes
out of the cargo and those for out port charges and oxpenses of
reloading on the freight. (12) There is a doubt as to whether
reloading is a general average expense or not. (13)
Repairs done to a ship where the injury to be repaired is not
the result of a voluntary and intentional sacrifice for the good of
all are to be paid for by the shi[) owner. (14)
All the extra expenses incurred by the deviation in the voyage
for the wages and keep of the crow are the subject of general aviru^e
if the repairs are too. (IT)) In some of the States the law allows
the two latter expenses as general average whether the repairs are
so all'jwed or not. (16)
Salvage and extra help absolutely necessary when both ship and
cargo are running the same peril and are rescued by such means
come under tlie general average head. (17) Otherwise where the
services «fec., rendered are wholly for the benefit of the vessel. (18)
If the sacrifice be without reference to the general good although
the danger be common, as for instance when goods are thrown into
the sea with the object of saving them ultimately, or preventing
them reaching other hands, this is not general average. (19)
i!i
1 1
100
GENERAL AVERAGR
LosHOR which are fairly within the contract made by either party
cannot be classed as general average, for example, injury or loss of
sails, spars, rigging or damage to the ship by perils of the sea and
repairs of such must all be borne by the ship owner or his in-
surer. (20)
As a general rule damages sustained by an accidental collision,
or from being obliged to run out to sea to save being cast on a lee
shore are not within the general average rule. (21)
Wages and keep of a crew while the ship is undergoing necessary
repairs during the voyage or whilst she is in quarantine in the
ordinary course, or wind-bound, ice-bound or the like in a place she
was not forced to make for out of the ordinary course of the voyage
for the common benefit are not the subject of general average. The
same rule holds where she goes into a way-port for supplies, water
or provisions. (22)
These losses are as a general rule part of the ship owner's duty
under ordinary contracts, even when occurring under unusual cir-
cumstances, and although the master is forced to sell part of the
cargo to meet them the ship must pay the whole loss. (23)
The property to contribute is all that which ran the risk and
shai'ed in the benefit, including that thrown overboard and also the
freight on all the cargo. This rule, therfore, only excludes goods
or things which were either discharged before the danger or shipped
after same was over.
The cargo contributes according to its value, not weight, but the
apparel, personal jewelry and baggage of the passengers do not
contribute. (24)
Deck loads always have to contribute, but can very seldom claim
for a general average loss. (25)
The ship of course contributes and also all freight which is
directly benefitted, including freight on the goods for loss of which
contribution is made.
The value of the articles contributing in general average are
ascertained as follows :
GENERAL AVERAGE.
101
The goods are taken at their market price in the port of desti-
nation or the port where the voyage ends,fir8t taking off the freight,
duty, and discharging expenses and also, deducting any damage
usually happening such goods by leakage or breakage. (26)
Where, however, the vessel is obliged to run back to the port of
departure, then the first cost is taken adding shipping charges and '
insurance and deducting any damage unavoidably happening to the
goods saved. (26)
Where goods jettisoned are afterwards found, their value when
saved must be deducted from the general average claim, less the
expenses of salvage.
Where goods are sold during a voyage to raise means to complete
the voyage the owner is entitled to be paid for them at the net
prices they would have brought at the port of destination cr at the
price they brought when sold as above. (27) But in the case of the
ship not reaching the port of destination, then at the price they
actually brought, less freight duty and discharging expenses. (27)
Where the claim to be paid as a general average loss is for
damage to the ship or her apparel, the expense of the re})air8 de-
ducting one third new for old is to be taken as the amount of the
loss.
'\\T\er(' the general average claim is for monoy or matorials
oxpondetl for tho counnon good, and which did not foiui part of the
proportj' in dangoi and was not therefore benefitted, the cargo is
liable on its value as at the time of the risk, subtracting freiglit and
expense of loading.
The freight that contributes is all that was in danger at the time
of relief, not therefore includiiig freight paid in advance or that on
goods discharged before the danger occurred.
The value of the ship for the purpose of general average is esti-
mated her actual worth when she reaches a jilace of safety. (28)
Less the provisions and stores expended, the wear and tear of the
voyage and any partial loss incurred.
Where, however,the claim is for money cxpendcd,her value must be
102
GENERAL AVERAGE.
\\\
i'
l\
taken at the actual worth of \n;r at the tiiiK^ »>f tlni risk deducting as
above. (29)
Tlie master has power to retain gomls until tlie amount of the
contribution due by their fiwuere for general average has been
paid. (30) In case of a general sliij) the usual course is for the
master befoKi he delivers their gOfMls to take a liond from the dif-
ferent merchants f(»r payment of their contributions wIumi ascertained.
The master, however, has the right to recover for his own loss
against his insurer, and such insurer will stand in the master's place
as reganls enforcing general average contribution. (31)
The consignee of a bill of lading, not l)eing the owner of the goods
is not liable for general average claims, even where he has received
the goods unless expressly .so stipulated in the l)ill of lading as a
condition of his receiving the gomls. (32)
Damage to cargo sustained by .scuttling a ship to put out a tire
gives a claim for general average contribution. (33)
Where a ship sailed well ecpiipped and manned for the voyage,
having a donkey-engine on board and a reasonable s\ipp]y of cftals to
work it for pumping services, but owing to very heavy weather the
shijt sprimg a leak and the master was oldiged to burn some spare
spars and part of the cargo, the coals running short, the court held
that the sacrifice of the s|»ai*s and cargo was gener.d average. (34)
Where anything on board a .ship which was cut or rast away
because it was eiulangering the whole ri.sk was at the tinu^ in such a
state or condition that it must itself certainly hav«' been lost although
the rest of the ri.sk might be .saved without the cutting or casting away,
then the. sacrifice of nurh thing gives no claim for general average.(3.'))
A ship owner cannot recover as general avei-age, the expenses for
the wages and provisions of the' crew while the vessel was stranded,
and Avliile endeavouring to get her oli the beach,ev(m though the dam-
agedone to the boat herself was a subject of general average. (36)
The " Wacousta," schooner, charteriMl to carry a load of timber
from vSi)anish River to Chippewa, left Spanish river with the timber
on the 15th of October. Shortly afterwards she began to make whter
'!■
Hi; (
GENERAL AVERAGE.
103
freely aiiJ a snow storm coming up sliu nm into BayfieM Sound,
where notwithstanding the work of the crew she water-logged.
8he remained so in Ikiytield Hound until November 10th, and wiis
then towed in that condition to Harnia whei-e she got a steam pump
and was thence towed with it on lH)ard to the Welland canal, where
she arrived on the 25th of November and being frozen up there yran
imloadcd.
The owner of the vessel retained the ca^gc* for the freight and the
exiienses of the tug, pump and extni help.
The court held that the evidence showed the vessel to have lieen
uiiseaworthy at the commencement of and during the whole voyage,
and that the expenses were incurred thereby and that the ship owners
had no claim except for freight.
The captain amongst other things swore as follows : " She was
towed without a steam pump to 8amia. The deck was then tliree
or four feet under water. The crew were loosting. Wlien she got to
Samia she drew eighteen feet. Although I sailed her for three years
I was mightily scared of her." (37)
Where a ship is stranded and lost by stress of wetither and the
master employs another vessel to take the cargo to its destination, the
o\vner8 of the cargo will be liable for any extraordinary expense so in-
curred in addition to the freight. (38)
When a ship is burnt and sunk, the captain has no authority to
make a contract to raise cargo that is not in immediate danger of
being destroyed and not even in the latter case when he can com-
municate readily with the owner of the cargo, and when he does
make such a contract there is no hen iiimjii the cargo by way of
general average for expenses incurred in raising the boat or ma-
chinery. (39)
It was held in the case of the Ireland that there was evidence of a
custom on the lakes for steamers to carry deck loads and to deal
with them as subject t<3 general average, and that they were subject
to general average. (40)
Where there is a usage to caixy a deck cargo, if that cargo be cast
overboard in a storm to lighten the vessel, the ship owner is liable
m
104
GENERAL AVERAGE.
ii I
'l|(
for average to the owner of the deck load, witltout taking into account
the cargo in the hold. (41)
Wliero there is a usage to carry deck lomls, tlie owner of the cargo
below decks is obliged to rontributu towards the loss of sann; as
general averag'ington v. Roberts, 2 B. and P. N. R. ^18: Taylor v. Curtis, 6
Taunt 608 ; 2 Mareh R. 309 ; 4 Camp 334 ; Wilson v. Bank of Victoria, L.
R. 2 Q. B. 203.
(2) Wilson V. Bank of Victoria, L. R, 2 Q. B. 203, 213 ; Opnenbein v. Fry,
3 B. and S. 873.
(3) Neabitt v. Lushington, 4 T. R. 783 } Butler v. Wilclman, 3 B. and
Aid. 398.
(3 (i) Maclaohinn on Shipping.
GENERAL AVERAGE.
105
(4) Milward v. Hibbert, 3 Q. B. 120 ; Hacoata v. Edmnnd, t Camp. 14S;
(iould V. Oliver, 4 Bing. N. C. 134 ; Harley v. Milwanl, I Jones and Carey
234 ; Johnson v. Chapman, ST) L. J. (G. P.) 23.
(5) Lennox v. United Ins. Co., 3 Johns C. 178 ; {bnith v. Wright, 1 Caiaes
(New York) Kep. 43 ; Umlge v. Bartol, 5 Oreanleaf Kep. 286 ; Cram v. Aiken,
13 Maine Rep. 229.
(6) 1 Emerigon 599; 2 Valin 167; Buly 60; Benevke 178, 213.
(7) 1 Emerigon 605 ; Baily 64 ; 2 Amould Ins. 771 ; 2 Phillips Ins. No. 1286;
Birkley v. Preagrave, 1 East 220 ; Price v. Noble, 4 Taunt 123.
(8) Stevens 14 ; Benecke 187 ; 1 Smeritf 599 ; Blackett v. Royal Exch. A«8.
Co. 2 Cr. and J. 244 ; Lennox v. United Ins. Co. 3 Johns C. 178.
(9) 3 Kent Comm. 2.S9; AblMitt 8hp. 5 Ed. 349 (1827); 2 Phillips Ins. No.
1313 ; 2 Arnold Ins. (2 d Ed.) 915 ; finwUturst v. Columbian Ins. Co., 9 Johns
N. Y. Rep. 9 ; Cohuuhian Ins. Co. v. Ashley, 13 Peter's liep. Supreme
Court 331 ; 2 Valin 168 ; Roccus de Nar. not 60.
(10) Benecke 192; Stevens 23 ; 2 Amould 781; Hall v. Janson, 24 L. i,
(Q. B.) 97.
(11) Plummer v. Wildnian, 3 M. and Sel. 482; The Copenhagen, Mening,
1 C. Rob. Ad. 289 ; Stevens 75 ; Job v. Langton, 26 L. J. (Q. B.) 97.
(12) 2ArnouldInB., 782.
(13) Hall v. Janson, 24 L. J. Q. B. 97.
(14) Power v. Wliitniore; 4 M. an*d Sel. 141 ; Job v. Langton, 26 L. J.
(g. B.) 97 ; Paddlefovd v. Bordinacii, 4 Mass. 548 ; (Abbott Am. Ed. 498);
^\'il8on V. Bank of Viotoriu, L. R. 2 (^ B. 203.
(!.'») Hiillettv. Wigiani9 C. B. 586; I>ecosta v. Newham, 2 T. R. 407 ;
(See) 3 Kent Com. 235.
(I(>) .-{ Kent Com. 23.">.
(17) Biikley v. Preagrave, 1 East 220 ; Kemp v. Holliday, .34 L. J. (Q. B.)
233 ; L. R. 1 . Q. B. .520 ; Stevens 25, Benecke 2.30 ; 2 Arnold, 787 ; Moi-an v.
Jones, 26 L. J. (Q. B.) 187.
(18) Job v. Langton, 2r» L. J. (Q. B.) 97 ; Walthew v. Mavrojani, L. R. 5
Ex. 116; Nesbitt v. Lushington, 4 T. R. 78.3.
(19) Butler v. Wildman, 3 B. and Aid. .308.
(20) lV>wer v. WIntmore, 4 M. and Sel. 142; Hallctt v. Wigram, 9 C. B.
.58(i; Job v. Langton, 6 E. luid B. 779; 26 L. J. (Q. B.) 97; Covington v.
RolKirta, 2 B. and 1». N. R. 378 ; Taylor v. Cm-tin, 6 Tannt 608.
(21) Power v. Whitniore, 4 M. and Sel. 141 ; 2 Philiiia Ins. 1272 ; Peters v.
Warren Ins. C«»., I Stoi-y R. 46;{.
(22) Stevens on average, 23; Benecke, 214 ; Power v. Whitmore, 4 M. and
Sel. 141 ; Hallett v. Wigram, 9 C. B. 5S(i ; Bivily «m average, 82 ; 2 Philips
Ins. No. K^l ; 2 Amohllns. 786 ; 1 Magens 67 ; 1 Emerigon, 614.
(23) Hallett v. Wigram, 9 C. B. 586 ; Powell v. Gudgeon, 5 M. and SeL
! ! {'
n
i\ f;
I !
!i :i
hi
108
GENBRAL AVERAGE.
431 ; Sarguy v. Hobson, 3 Bing. 131 ; Benson v. Donoan, 3 Exch. 644 ; 2
Valin, 525.
(24) 1 Magens P. 62,63j Abbott, 4;Ed. 369.
(25) 2 Arnold 792 ; 1 Emerigon 648.
(26) Benecke 293 ; Fletcher v. Alexander, L. R. 3 C. P. 375 ; 2 Amould 800.
(27) 2 Araould 808 ; 2 Phillips, No. l.%3 ; De^n v. Ocean Ins. Co., 5
7 Exch. 767.
Cowen 63 ; ELichardson v. Mourse, 3 B. and Aid.
Atkinson v. Stephens,
(28) Grainger v. Martin, 31 L. J. (Q. B.) 186 ; in error, 4 B. and S. 9.
(29) Stevens, 53.
(30) Harris v. Scaramanga, L. R. 7. C. P. 481 ; Dig 14, 2, 2.
(31) Dickinson V. Jardine, L. R. 3 C. P. 639.
(32) Scaife v. Tobin, 3 B. and Ad. 523.
(33) Ackard v. King, 31 L. T. 647.
(34) Robinson v. Price, 2 Q. B. D. 295 ; 46 L. J. Q. B. 551 ; 25 W. R.
469 C. A.
(35) Sheppard v. Kottgen, 2 C. P. D. 585 ; 47 L. J. C. P. 67 ; 26 W. R.
120 C. A.
(.36) The Ireland, Steinhoif vs. R. C. In«. Co., 42 Q. B. .307.
(.37) Chaffey v. Schooley, 40 Q. B. 165.
(38) Rogers v. Hooker, Et al 15 Q. B. 63.
(.39) Giimey Et al v. McKay, 37 Q. B. 324.
(40) Steinhoflf v. R. C-lIns. Co, 42 Q. B. 307.
(41) Gronselle v. Ferrie, Et al 60;8. 454 ; Stephens v. McDonell, M. T. 6
vict. Merritt v. Ives, M. T. 4 vict.
(42) SpoonerEtal v. Westeni Assurance Co., .38 Q. B. 62; Gibh v. Mc-
Donell, 7 Q. B. .356.
(43) Grover v. Bullock, 6 Q. B. 2t»7 ; Gibb v. McDonell, 7 Q. B. .356 ;
Rogers v. Hooker, Et al 15 Q. B. 63.
(44) Johnson v. Chapman, 19 C. B. N. ». 563 ; Wright v. Marwood ;
Gordon v. Marwood, 7 Q. B. D. 62 ; 50 L. J. Q. B. 643 ; 29 W. R. 673, C. A.
(45) Bm-ton v. English, 10 Q. B. D. 426 ; 52,L.'J.'Q. B. 386 ; 48 L. T.7.30 :
31 W. R. 566.
(46) Crook v. Allan, 5 Q. B. D. 38 ; 49 L. J. Q. B. 201 ; 41 L. T. 800 ; 28
W. R. 304.
(47) Attwood V. Seller, 5 Q. B. D. 286 ; 49 L. J. Q. B. 515 ; 42 L. T. 644 ;
28 W. R. 604, C. A.
STOPPAGE IN TRANSITU.
wr
CHAPTER III.
PART IV.
STOPPAGE IN TRANSITU.
Where a merchant ships goods to a purchaser without receiving pay-
ment in advance and, finding before the latter receives possession that
the purchaser is a bankrupt or insolvent, stops the goods before
dehvery, the act of taking possessior again by the seller is called
" Stopp)%e in Transitu."
To entitle the seller to stop in transitu the price of the goods must
still be due him, and the purchaser must be bankrupt or an in-
solvent.
His right still remaims even where he sold the goods on credit and
the time given for credit is not yet up, or a bill of exchange was given
for the goods, or where part payment has been made him. (1)
Where, however, the seller takes a bill or note when he might have
had the money, or where payment is made to his authorized agent
who does not pay over, or where he sends the goods in payment of u
loan or balance due from him, he has no such right. (2)
Where the purchaser fails to perform his part of the contract, btit
is not btinkrupt or insolvent, there is no right of stoppugfin transitu.
(3) It is, however, merely neiM'ssary to prove that the purchaser is
in embarrassed circumstances, not that he has assigned or been ad-
judged a bankrupt. (4)
A bill t»f lading, which makers the goods deliv»'.rable to the " seller
or assigns," or "to ordta* or assigns," keeps the control of the goods in
the seller's power and is not transferable until endorsed. (H)
Where a bill of lading is in the ])urchaser's hands and is trans-
ferruble, the seller still has the right of stopfiUjf in transitu as against
If
• 4
108
STOPPAGE IN TBANSITU.
t I
the original ])ui'clui8er, but tlic inonieiit tlic ))ill is irnnsforrod to a
bona tide liolflor fov value his iv^hi 'ia j,'on(*. (6)
A bill iH trauAfiU'rabk'. wImmi tho coiwij^'iifeV uaiiio is niMiiioned iu
the body uf the bill ati tlu; ptti'son to whoiu thu •^oodts mv to bo do-
Jiviuvd, »»i it is ondoititMl iu blank, oi- spt'cially ondoi'sud in favor
of the puiHihascr, and in any «tf such cases the seller has the right of
stoppiig* in transitu »o long as the Itill of la«iing remains in tlut
luuuls of the imrchaser. (7)
Where a conditional eudorsenutnt b»^ mad*' by tlic; solhir, a secontl
liolder takes it from the original purchaser subject to sucli endorst-
iiient. (8)
HTOPPAOK IM TUANSITU— UNOKIl WHAT rJUOUMiiTANOKH.
Where a bill of lading is endorsed in blank or specially, but
(hdivered to the purchaser conditionally, a boita tide pun^hat^M' without
notice only takes tint rights the, original huld(*r possessed. (9)
Where a second holder takes a bill of liuling for tlut purpose of
fmudulently pi(>.veikting thtt seller getting his rights connected tluu'e-
with, such hohler stands in the same position as lite lirst holder. (10)
An old debt due U> the assignee by the tiurebaser is not sultieient
consideration to take away a sellers' riybt of stoppage. (II)
A niortgagt! of Mie goods or a pledge liien'of by the purciiiiser does
m»t take away tlie seller's riglii of slop|»age ; (I 'J) neillier does the
carrier's lien on tiu' goods as against tlie p\inhaser (l.'l) ; nor the fact
that th(! goods have been seized under a foreign atlaclniient. (II)
The purchaser's transfer of a sliipping note, or delivery onh-r, to a
third pers(»u for value (IT)) ; or the endorsement of the bill of lading
for value to one with notitu* of the eiiilorseis involv«'i| eirciiuistanccs
will not take away the right of stojtfutgn la transitu. (M>)
Stoppage in Transitu must be of the goods while / fraimitu.
Tht^ transit eomuienees the moment the go«»ds leave the jMtssession of
the seller, and ceases the moment the gotHls rea<-h the possession of
the purchaser. Such possession may he either actual i»r constructive.
The possession o( the pun-haser must be with the consent of tho
seller, and it is often a most diHicult (piestion bt decid(> whether such
STOPPA(}E IN TRANSITU.
109
conwi'iit was ^'ivcn, iiikI whotlier tin* pnHscKsioii i»f the imrcliascr was to
Ti(i absdlutfly or ron«liliuiiaIly, csiH^cially wIhtc tli« j^oods in question
have n(»t JictMi iuovcmI hnm tlicii- first position, atul the intention (»f
tlie jKirtit's is, of course, on wliat tlie whole een trans-
ferretl.
Where a warehouse man receives an order to weigh or measure
certaui goods and deliver them to th<' j»urchaser, tiie mere transfer in
the wiu'ehouse man's Itooks is not sutHcient to transfer possession to
the purcliaser, the goods must he Hrst weighed or measure«l according
to the delivery oi-der. (IS)
Where, however, the weighing or measuring is merely for the pur-
chaser's convenience, it is not a condition pre<'edent to the transfer of
the possession. (I!>)
AVIiere goods are on hoard asliip, they are in reality out (tf the pos-
session of the seller, hut hy the conditions iit the hill of lading the
seller may still control the goods until certain conditions in tln^ hill
are fidtilled ; and such is the case even where the shij> helongs in the
purchaser, as the s(,||er may appoint th(< captain his agent in the
matter. (20)
Where the goods are received on hoanl a vessel, chartered hy the
purchaser, the hill of lading deliverahle to order heing enilorsed to
him and a hill of exchange for the goods, accepted hy the purchaser,
(he seller nevertheless has his right of stoppage in transitu. ("Jl)
When the master or mate refuses t.o sij;n a receipt or a hill of lail-
ing, as re«piir(!d hy the seller, the hitter's right of sto[i[tage still
rem. sins, (J'J)
.'\ delivery tmce complete cannot he c.hangetl hy the seller, even
where he frauduhsntly ohtains a diU'erent hill of lading from the
master. {'2-\)
A seller may give up possession of pait and still nttain his right of
stopitage over the hahuH'c. (l!l)
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STOPPAGE IN TRANSITU.
Possession, liowever, of part taken and intended as an act of owner-
ship over the whole, is jwssession of the whohs, if the whole could
have been taken at the same time. (25)
Where the goods reach the possession of the purchaser's agent
under the purchaser's intention to take entire possession of them,
(uther expressed in the transaction in (juestion or shown by usage in
similar matters, the seller's right of stoppage is at an end, if he had
consented to such {)os8es8ion. Therefore, where a carrier or ware-
house man receives goods not for the puriK>se of forwanling them to
their destination, but as an agent of the purchaser and to be subject
to his order, the right of stoppage is gone. (26)
Where the purchaser takes the goo9.
(18) Busli V. Davis, 2 M. and Sel. .397; Hjxnson v. Meyer, 6 East, 614;
Wallace v. Breeds, 13 East .")22 ; Shepley v. Davis, 5 Taunt 617.
(\U^ Swanwick v. Sothern, 9 A. and E. 895.
(20) Bloxam v. Sanders, 4 B. and C. 941 ; Edwards v. Brewer, 2 M. and
W. .37.'); Whitehead v. Anderson, 9 M. and W. '518; Ogle v. Atkinson, 5
Taunt 7.")9; Bolitlingk v. Inglis, 3 East 396; Scotsmans v. L. and Y. R. Co.,
L. R. 2 Cli. .3.32 ; Ellershaw v. Magniac, 6 Exch. .')70; VanCasteel v. Booker,
2 Exch. 69; Wait v. Baker, 2 Exch. 1 ; Walley v. Montgomery, 3 East 585 ;
Jenkyns v. Brown, 19 L. J. (Q. B.) 286.
<''.}; Oibson V. Carruthers, 8 M. and W. .321 : Schotsmans v. L. and Y.Ry.
, J. I. R. 2 Ch. 332 ; Berndston v. Strang. L. R. 3 Ch. 588 ; Bolton v. L. and
V. Ry. C>.., L. R. 1 C. P. 431.
(22) -luo); V. Hatfield, 5 B. and Aid. 632 ; Schuster v. McKellar, 7 E. and
B. 704 ; l ..wasjee v. Thompson, 5 Moore P. C. 165.
STOPPAGE IN TRANSITU.
113
(23) Ogle V. Atkinson, 5 Taunt, 759 ; Schuster v. McKeller, 7 £. aiul
B. 704.
(•24) Dixfui V. YatcH, 5 B. ami Atl. ,'ilM, 3.'«5 ; Bmiiiey v. Voyntz, 4 V,. :iiul
Ad. r»<)8 ; Simmons v. Swift, 5 B. and C. 8.17 ; Slulu-y v. Mayward, i> H. BJ.
.'504; Ifanimond V. Anderson, 1 B. and I*. N. 1!. 69; Wontwortli v. Outh-
waite, 10 M. and W. 436; Janner v, Scovell, 14 M. and \V. '28.
(2.5) Tanner v. Suovell, 14 AI. and W. 28 ; Jones v. Jones, 8 M. and
W. 431.
(26) Dixon v. Baldmen, .T East, 175 ; Wentworth v. Outhwaite, 10 M. and
W. 436 ; Leeds v. Wright, 3 B. and P. 320 ; Scott v. Peltit, 3 B. and P. 465 ;
Allen V. Griffer2Cr. and J. 218; Ilowe v. Piekford, 8 Taunt 83: Foster v.
Frampton, 6 B. and C. 107; Wliitehead v. Anderson, J» M. and \V. .'>18 ;
Smith V. Gross, 1 Camp. 282 ; Coatcs v. Hiiilton, 6 B. and Cr. 422 ; Foster v.
Frampton, 6 B. and Cr. 107 ; Jackson v. Nichol, .^i Bing. N. C. 508.
(27) Whitehead v. Anderson, 9 M. and W. 518, ,534 ; Mills v. liall, 2 B.
and P. 457, 461 ; Oppenheim v. Russel, 3 B. and P. 42 ; Foster v. Frampton,
6 B. and C. 107 ; Wright v. Lawes, 4 Esp. 82; Sorensen v. tlie Queen, 11
Moore P. C. 141.
(28) Ogle V. Atkinson, 6 Taunt 759; EUershaw v. Magniac, 6 Exch. .570;
Turner v. T. T. of L. Docks (in error), 6 Exch. 543 ; Bohtlingk v. Inglis, 3
East 381 ; Berndston v. Strang, L. B. 3 Ch. 588.
(29) Bohtlingk v. Inglis, 3 East 381 ; Berndston v. Strang, L. R. 3 Ch. 588.
(.30) Northey v. Feild, 2 Esp. 613 ; Nix v. Olive, T. T. 1805.
(31) Bohtlingk v. Inglis, 3 East, 381.
(32) Lucas V. Dorrien, 7 Taunt 278; Lackington v. Atherton, 8 Scott N.
S. 38 ; Harman v. Anderson, 2 Camp. 243 ; Whitehead v. Anderson, 9 M.
and W. 518.
(.33) Bloxam v. Saunders, 4 B. and Cr. 941 ; Edwards v. Bi-ewer, 2 M. and
W. 375; Newsom v. Thornton, 6 East 17 ; Jenkyns v. Usborne, 7 M. and(ir.
678 ; Ferse v. Wray, 3 East 93 ; Tucker v. Humphrey, 4 Bing. 516 ; Ogle v.
Atkinson, 5 Taunt 759 ; EUershaw v. Magniac, 6 Exch. 570.
(.34) Siffken V. Wray, 6 East 371 ; Gurney v. Behrend, 3 E. and B. 622;
Jenkyns v. Usborne, 7 M. and Gr. 678 ; Bird v. Brown, 4 Exch. 786.
(.35) Whitehead v. Anderson, 9 M. and W. 518 ; Jackson v. Niciiol ,') Bing.
N. C. 508 ; Bohtlingk v. Inglis, 3 East 381 ; Ellis v. Hunt, 3 T. R. 464.
(36) Bird v. Brown, 4 Exch. 786; Whiteiiead v. Anderson, 9 M. and \V.
518 ; Litt V. Cowley, 7 Taunt 769.
(.37) Whitehead v. Anderson, 9 M. and W. 518.
(38) Whitehead v. Anderson, 9 M. and W. 518 ; Litt v. Cowley, 7
Taunt 169.
(.39) Wright v. Lawes, 4 Esp. 82 ; Ellis v. Hunt, 3 T. R. 466 ; Litt v.
Cowley, 7 Taunt 169 ; Falk v. Fletither, 34 L. J. (C. P.) 146.
(40) Berredston v. Strang, L. R. 3 Ch. 588 ; Falk v. Fletcher, .34 L. J.
(C. P.) 146.
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114
COLLISIONS
CHAPTER lY.
Part I. — Collisions. Part II. — Salvage. Part? III. — ^Towage.
Part IV. — Pilots. Part V. — Marine Insurance.
PART I.— COLLISIONS.
Where the master of a ship takes all such precautions as a man of
ordinary prudence and skill, exercising reasonable foresight, would
use to escape danger, his owners will not be responsible because he
may have omitted some possible precaution which the event suggests
he might have resorted to. (1)
A schooner close hauled on the starboard tack at night, saw the
green light and two towing lights of a steam-tug three points on her
port bow about a mile off. The schooner kept her luff. The tug
had a fully laden ship in tow and was steaming against a head sea in
open water, and she kept hor course until too late to get out of the
schooner's way and the tug iind the schooner came into collision. It
was held that the schooner was right in holding her course, and that
the ateam-tug was alone to blame. (2)
The owners of the ship claiming damages must prove that the other
ship was in the wrong. (3)
Where there is a reasonable dou])t as to which party is to blame,
the loss must be borne by the party on whom it has fallen. (4)
The want of a proper look-out is a culpable neglect on board a
ship, and will render her prima facie liable for damages caused alone by
her. (5)
Where a ship receives or does damage on account of negligence or
misconduct of those on board of another vessel, although no collision
takes place, the latter vessel is liable for the damage. (6)
COLLISIONS.
115
Where a collision is the result of inevitable accident, which it was
impossible to avoid by ordinary skill, diligence and precaution, neither
ship is liable. (7)
A ship in motion is bound to keep clear of a ship at anchor, and a
ship in »tays is considered as at anchor. (8)
Where two vessels are anchored close together there should be
enough space left for each ship to swing. If not, it is a foul berth,
and the ship last anchoring is liable for any damage.
A vessel which having performed her own duty comes into im-
mediate danger of collision by the wrongful act of another, is not to
be held liable if at that moment she uses a wrong manoeuvre. (10)
Where one ship by improper management compels a second ship to
do damage to a third vessel the first ship is liable for such damage.
As for example : where a vessel was compelled by the improper
navigation of the first of three barges to change her course so that she
ran into and damaged one of the last barges of such tow, the first
barge is liable for such damages. (11)
A steamer in a dense fog is bound to go as slow as it is possible for
her to go and maintain steerage way. (12)
It has been held that in a dense fog a steam-vessel's duty is to
anchor as soon as circumstances will permit. (13)
A steamer running in a fog at a moderate rate of speed hearing
another steamer whistling, indicating that she was approaching, and
was so near to her that if all was ([uiet they would have been within
hailing distance, is lumnd to stop her engines and reverse them so as
to stop her own motion, and she ought not to wait until they are
within sight of each other. (14)
A steamer running in crowded waters in the ilay time ought to ha\e
a look-(mt forward besides tin; officer in charge, even in fine
weather. (1.5)
A vessel close hauled, Avhich is bound to keep her course, may lutt'
as close to the wind as she can get so as not to loose her headway,
and such luffing is not a change in her coui-se whicli will render . her
liable for a collision with another vessel, whose duty it is to keep out
of her way. (16)
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116
COLLISIONS.
Where two vessels are beating to windward in company on tlie
same tack, the one ahead and u littk' to windward of tlie other. The
leading vessel stood in as near as she could to a slinid iiiid was tlicin
ohUj^ed to , was as follows : A
schooner while approaching Pres(iuisle harbour in a heavy sea and
wind became unmanageable and grounded on the north side of the
channel, the wind being southerly, a tug with a raft ran in soon
afterwards, keeping as near the south side of the channel as she
could and going at a fair speed, the raft, however, was driven
against and sank the schooner. The tug cajttain did not know the
schooner was aground and Ihj could not have stopped, shortened his
tow-rope or slackened speed without risking the loss of the raft.
The schooner contended the tug had broken article 1 G of sec. 2 of
27, 28 Vict. chap. 13, which enacts "that every steamship irhen ap-
proaching another nhip, so as to involve rigk of collision, shall slacken
her speed." The court however held that it came under article 19,
which enacts ^^ that in ohei/ing the lules regard shall lie ha < I to all
dangers of navigation, and to any spicial circamstances rendering a
dcviatiuii from them vecemiary to avoid iminediutt danger;" that it
was a question for the jury under all the circumstances to say whether
the tug had been guilty of negligence and that the evidence war-
ranted a verdict that she had not.
In an action for collision it appeared both vessels were beating to
windward close-hauled, one on the starboard tack and the other on
the port tack, the latter it was admitted did what was best au soon as
she saw the formei-'s lights but the complaint was that she should
COLLISIONS.
121
have seen them sooner. This was explained by a statement that
there was a haze on the water at the time. Tlio court direoteil that
if tho.se on the ves.sel on tlie port tack us(hI every means in their
power to prevent a collision after they saw the lights they would
not be liable, nor if they believed it was simply an accident without
negligence on the defendant's part. (50)
On the 27th Api-il 1880, the schooner M. C. Upper was moored
at the west side of the dock at Port Kingsville, on Lake Erie, and
had her anchor dropped some distance straight out from the east
side of the dock, and without a Jtuoy on same. The steamer " Erie
Belle " came into the ea.st side of the wharf safely, and in backing
out she ran foul of the anchor of the " Upper." The crew of the
latter were hauling on the cable attached to the anchor all the time
the Erie Belle was there. The court found that it was not cus-
tomary for vessels to buoy their anchors, as propellors were liable to
get the buoys in their wheels, but that the anchor should be straight
out from the side of the dock the vessel was on so as not to crowd
her on the dock when haul'"'^ out , but that in this case, as the crew
of the " Upper " were hauling on thAable, the trend of same should
have indicated the position of the anchor. It was also held that the
Erie Belle should have backed out the way she went in.
The court decided that each was to blame, and divided the dam-
age between them, Damages assessed at $1,000.00, as the Erie
Belle had to run ashore to prevent foundering. (51)
In Brace v. The Union Forwarding Co., 32 Q. B. 43 ; actionfor
damages occasioned by defendants' steamer breaking plaintitf 's boom
and scattering his logs. 'The plaintitt" charged as negligence that the
st<^amer came to within IHO yards of the boom b«'fore slackening
8p(H»d, and then did not revia-se her engine. I'he defendants showed
that they had sent notice to the plaintiH" the night before, that the
boat would be down next day, being the l.'')th April, and the first
trip of the season ; that it was the custom to have the boom open
for her without keeping her waiting, which she could not safely do,
as there was a rapid just itelow ; that when the accident happened
the plaintiH" was controlling the boom with a rope, instead of letting
it swing open freely, and that until the boat came in sight — half a
mile off — the plaintiff did not begin to get the rope ready to sink it
m
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122
COLLISIONS.
under the vessel by putting a chain on It. Held that there was at
least contributory negligence on the plaintifr.s i)art, if, indeed the
whole blame was not his, and that he was not entitled to damages-
In case of a collision the owner of the vessel not in fault can
recover fi'om the other vessel for goods on board not owned by him
but in his charge as a carrier. (.')2)
When a railway company has control of a swing bridge over a
canal and the requirements of their traffic compelled the bridge to be
closed while trains were crossing, the company is not bound to open
the bridge then, and is not liable for injury caused to a vessel run-
ning into the bridge, although the vessel gave notice of her ap
proach. (53)
A ship owner whose vessel has ])een injured by collision is
entitled to the cost of repairing his vessel, to damages for the per-
manent injury done to her, and also to the wages of his crew
necessarily kept over during the repairs, and also for the costs of
repairs done by his crew ; but is not entitled to the sum paid by
liira for another vessel to take the place; of his own while repairing,
nor is he entitled to the profits nis vessel would have earned if not
laid up for repairs. (54)
When at night a mast-head light is seen but no side lights, it is
an indication that the light is that of a steamer whose side lights are
obscured by fog. (55)
It is wrong to port the helm when a collision is apprehended and
the other ship is on the starboard bow. (56)
Where a ship in ballast is proceeding under charter to the port of
loading and is run into by and through the fault of another ship, and
is delayed by her injuries so long as to loose Iut charter, the loss of
the freight will be held to be a loss oecasionuil by the col-
lision. (57)
Where ship " A " collides with and damages ship " B," but the
accident was wholly brought about by the bad man«i'uvring of ship
'* C," the latter must be sued for the damage. (58)
In every collision it is the duty of the piaster or person in charge
of each vessel to stay by the other vessel until he finds she ha^ no
COLLISIONS.
123
need of further assistance, provided he can do ho without danger to
liis own vessel, crew and passcugoi's, if any.
The master of a ship in collision is Ijound, if asked, to give the
name and port of register of his vessel and the port from and to
which she is bound.
The Iveaking of any of the above laws being a crime.
The amount of damages to be allowed in case of accident is the
amount of the injury sustained, nothing being taken off for new
work as in the case of insurance. (o9)
WRECK.
The term wreck includes Jetsam and Flotsam, Ligan and Dere.
lict. For the meaning of these terms see vocabulary at the end.
A person who is put in charge of a wreck by the captain or
owner, and who expends money in saving part of the property or
cargo at risk, has a lien on what is saved for his charges. (60)
NOTES.
(1) Doward v. Linasay, tlie William Lin.lsay ; 5 L. R. P. C. .338 ; 29 L. T.
355 ; 22 W. R. 6 ; the Tyne S. S. Co. v. Sirith, the C. M. Palmer and Lamax
39 L. T. 120 ; 21 W. R. 702, P. C.
(2) The Warrior, 3 L. R. Adm. 5r>3 ; 27 L. T. 101 ; 21 W. R. 82.
(3) Kay on Masters' and Seamen, 905,
(4) Kay on Masters' and Seamen, 905.
(5) Kay on Masters' and Seamen, 900 ; The Indiana, 1 Abb. 380 (Am.)
(6) The Industrie, L. R. 3 Adm. 303; Kay M. and S. !K)(J.
(7) Holts' rule of the Road, 203 ; Kay M. and S. 912.
(8) The Egyptian, 1 Moo. P. C. N. S. 373 ; Kny on M. and S. 988; The
Sea Nympli, Lush 23.
(9) The Lochlibo, 7 Moo. P. C. 427 ; Tiie Nortliampton, i Spinks KM) ;
The Mag}#e Armstrong, 14 L. T. N. S. .'WO; Kay on .M. and S. 988.
(10) The Nor., .30 L. T. .570 I'. C; Tiia Bywell I'astle, 4 P. 1). 219 ; 41 L.
T. 747 ! 28 W. R. 293, C. A.
(11) The IJywell Castle, 4 P. D. 219; 41 L. T. 747.
(12) The Pennsylvania, 23 L. T. 55, P. C.; Tlie S. S. We8tphalia,24 L. T.
75-U. S. N. Y.
(13) The Otter, 4 L. R. Adm.203 ; 30 L. T. 43 ; 22 W. R. 557.
i
124
COLLISIONS.
(14) Morton v. Hutchinson, the Frankland and the Kcstral, 4 L. R. P. C.
C. 529 ; 27 L. T. 633 ; i) Moore P. C. C. N. S. 365.
(15) The Glanibjinta, tlie Transit, 1 Atlni. D. 283; 34 L. T. 9, 35; 24 W.
R. 1033, C. A.
(16) The Marmion, 27 L. T. 255— P. C; The Aimo, the Amelia, 29 L. T.
118; 21 W. R. 707— P. C.
(17) The Priscilla, 3 L. R. Adin. 125 ; 23 L, T. 566.
(18) Wilken v. Can. Ship Co., 2 App. Case 389; The Lake St. Clair v. the
Underwriter, 36 L. T. 155— P. C.
(19) The Jennies. Barker, the Spindrift; 4 L. R. Adm. 456; 44 L. J.
Adm. 20 ; 33 L. T. 318.
(20) The Industry, 3 L. R. Adm. 303 ; 40 L. J. Adm. 26 ; 24 L. T. 446 ;
19 W. R. 728 ; The Thomas Lee, 35 L. T. 406— Adm.
(21) The Elizabeth , the Adalia, 22 L, T. 74. Adm.
(22) The Franconia, 2 Adm. D. 8 ; 35 L. T. 721 ; 25 W. R. 197— C. A.;
The Peckforten Castle, 3 Adm. D. 11 ; 26 W. R. MG—C. A.
(23) The Bougainville and the James, C. Stevenson, 5 L. R. P. C. 316 ; 28
L. J. 822 ; 21 W. R. 653.
(24) The Rona, the Ava, 29 L. T. 781 ~P. C.
(25) The Fanny M. Carville and the Peru, 44 L. J. Adm .34; 32 L. T. 646 ;
24 W. R. 62— P. C.
(26) The Earl Spencer, 33 L. T. 235— P. C.
(27) The City of Brooklyn, 1 Adm. D. 276 ; 24 W. R. 1056— C. A.
(28) Tyne S. S. Co. v. Smith, the C. M. Palmer and tlie Larnax, 29 L. T.
120 ; 21 W. R. 702— P. C.
(29) The Nevada, 27 L. T. 720-X. S. W. v. A. C.
(.30) The Famenoth, 7 P. D. 207 ; 48 L. T. 28 ; 5 Asp. M. C. .35— D.
(31) The Golden Sea, 7 P. D. 194 ; 51 L. J. P. 64 ; '7 L. T. 579 ; .30 W. R.
842; 5 Asp. M. C. 23 -D.
(32) Woatiley v. Mitchell, 11 Q. B. D. 47 ; 52 L. J. Q. B. 325 ; 48 L. T.
599 ; 31 VV. R. 651.
(.33) The Cricket, the Endeavour, 48 L. T. 535 ; 5 Asp. M. C. 53— D.
(34) The Vandyck, 7 P. D. 42— D.; 47 L. T. 695 ; 5 Asp. M. C. 17— C A.
(.35) White Cross Wire Co. v. Saville, 8 Q. B. D. 653 ; 51 L. J. Q. B. 426 ;
46 L. T. 643 ; m W. R. .588.
(.36) The Elin, 8 P. D. 39—129 ; 51 L. J. P. 77—0.; 49 L. T. 87; 31 W.
R. 736-C. A.
(.37) The Breadalbane, 7 P. D. 186 ; 46 L. T. 204; 4 Asp. M. C. 505- D.
(38) The Douglass, 7 P. D. 151 ; 61 L. J. P. 89 ; 47 L. T. 502.
COIiLISlOKS.
12S
(39) The Buckhurst, 6 P. D. 152 ; 51 L. J. P. 10 ; 46 L. T. 108 ; 30 W.
R, 232.
(40) The Cachapool, 7 P. D. 217 ; 46 L. T. 171 ; 4 Asp. M. C. 502— D.
(41 ) Ferguson or Hutchinson, Exparte, 6 L. R. Q. B. 280 ; 40 L. J. Q. B.
105 ; 19 W. R. 746.
(42) The George v. Richard, 3 L. R. Adin. 466; 24 L. T. 717.
(43) The Lymington, 32 L. T. 69 ; 23 W. R. 421 Atlm.
(44) Dean v. Richards, the Europa, 2 Moore P. C. C. N. S. 1.
(45) The Calcutta, L. T. 768— P. C; The Marpesia, 4 L. R. P. C. 212; 26
L. T. 333 ; 8 Moore P. C. C, N. S. 468 ; The Secret, 26 L. T. 670— Tr. Adni.;
The Pladda, 2 Adm. D. 34 ; 40 L. J. Adm. 61.
(46) Tlie Virgo, .35 L. T. 519 ; 25 W. R. 397— Adm.
(47) The Tliuringia, 41 L. J. Adm. 44 ; 26 L. T. 446.
(48) Gihlersleeve v. Bonter et al, 12 Q. B. 489 ; Irving v. Hagerman et al
22 Q. B. 545 ; Downey v. Patterson, 38 Q. B. 513.
(49) Eberts et al v. Smythe et al, 3 Q. B. 189.
(50) Downey et al v. Patterson, 38 Q. B. 513.
(51) McCallum v. Odette, 7 S. C. R. 36.
(52) Irving v. Hagerman et al, 22 Q. B. 545.
(53) Turrnor v. G. W. R. Co., 6 C. P. 536.
(54) Brown v. Beatty et al, 35 Q. B, .328 ; Sutlierland et al v. Bethune, 10
Q. B 388.
(55) The Milanese, 45 L. T. 151 ; 4 Asp. M. C. 438— H. L. (E.)
(56) The Bywell Castle, 4 P. D. 219 ; 41 L. T. 747 ; 28 W. R. 293— C. A.
(57) The Consett, 5 P. D. 229.
(58) The Sisters, 1 Proh. Div. 117.
(.■)9) Tiie Gazelle, Hurst 2 W. Rob. 279; The Matddess, 10 ,Iur. 1017 ; The
Clarence, 3 VV. Roh. Ad. 283 ; The IJetsey Caincs, Wilson 2 Hagg. 28 ; The
Yorkshireniiui, Fornian 2 Hagg. Ad. 30 N.; The Black Prince, Lush. Ad.
568 ; Tile Mellona, 1 Beale 3 W. Rob. Ad. 7.
(60) HingHton v. Wendt, 1 Q. B. D. 367 ; 45 L. J. Q. B. 440 ; 34 L. T. 181 ;
24 \V. R. 664.
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126
SALVAGE.
CHAPTER lY.
PART II.
SALVAOE.
Salvage is the service which volunteer adventurers, of their own
accord, render to the owners in the rescue of property from loss or
damage at sea, there bein*^ ;n:> legal duty or contract to give the ser-
vices, and they are boiaid ^> rescorj t'le goods to the owners, first
having a lien for their rewa.u. {1 ?
It is the duty of all ships lo gi ^e aid to others in distress if
possible. (2)
The crew as such cannv-^t become salvors, ..s ''; is their agre«d duty
to protect the ship through all dangers, to the extent of their entire
possible services, but where a merchant vessel is for the pofpos* of
saving life bona tide abandoned at sea by the order of the captain,
in consequence of damages received, the seaman's contract is at an
end, and he can then become a salvor. (3)
The case of the ship Le B'.airoau, as cited in an American oftse, is
worthy of mention. The ship collided with a Spanish sixty -four
gun ship about 10 o'clock at night, and was damaged so seriously
that before day-light th(Me was three and a half feet of water in the
hold, and the crew abandoning her went aboard the Spanish vessi'l
save one, an Irishman. Hi; clearing away the wreck, partially
lightened the vessel, and putting her before the wind, hoisted a
signal of distress, in consequence of which the Le Blaipeau was
picked up by an American and carried into port. The Irishman's
claim as a salvor was allowed by the Supreme Court of the United
States, although resisted by the owner of the vessel. (4)
Capture by an enemy discharges the crew from their duty to their
employers, so that in case of recapture by the sailors they are con-
sidered as salvors. (5)
SALVAGE.
127
The crew of a vessel are bound to defend or rescue her from
mutineers, and consequently cannot claim as salvors for such
services. (6)
A passenger is bound to render all the assistance he can to the
ship he is on, and cannot for such assistance claim salvage, but he
is allowed to seize the tirst opportunity of leaving the ship if his
life is in danger. Where, however, a passenger rendera services of
an extra quality ho may be allowed to claim as a salvoi. (7)
Where a vessel struck on Chichester rocks, and the master and
part of the crew abandoned her in a small boat leaving the pilot on
boai'd drunk, and one of the passengers taking charge of the vessel
carried her safely into port, he was allowed salvage. (8)
A pilot while in charge of a vessel is not entitled to salvage
except in a very exceptional case, but if not already engaged he is
not bound to pilot a vessel in distress at ordinary rates. (9)
A tug is not bound to render assistance to a vessel in distress at
ordinary towing rates, but if while towing a vessel circumstances
arise of so dangerous a nature that would justify the tug to let go
for her own safety, and she still holds on and saves the ship she is
entitled to salvage. (10)
The large amounts that were formerly allowed for salvage are not
now given, and in all ca.ses the courts take into consideration the
circumstances of the case and the real value of the services rendered.
Where parties ai'e under contract and legally bomid to do services
of the kind given, the court will only allow for extraordinary ser-
vices what the encouitigement of enterprise really requires. (11)
The right to salvage as a rule depenr'a on personal .service, and a
person who merely hired and sent laborer.s to unload a ship, or one
of a ship's crew who refused to volunteer, was not allowed
salvage. (12)
Where a whole ship's crew volunteer to go on salvage duty the
court will allow tho.se who were comiielled to stay behind to manage
their own ship, a share in the salvage money, taking, however, into
consideration that those who really encountered the dangers are
entitled to a larger share. (13)
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SALVAGE.
Salvors who have taken charge of a derelict [t, «., an abandoned
vessel] have a right to refuse any assistance from others. (14)
However, where a derelict is found in charge of salvors who have
not sufficient powei-s or means to successfully rescue the vessel,
others will be justified in assisting them, and the court will divide
the salvage money with due regard to the rights of the first on
board, as well as of the services rendered by all. (15)
Salvors who go on board a ship in distress but not wholly aban-
doned, must do so under the permission of those in charge ; but
when the latter dismiss those aiding them without cause before the
rescue is complete, the salvors will be entitled to what they would
have been, if they had remained on board (16)
A vessel owner or master cannot claim salvage earned by his
apprentice or crew, even if so expressly agreed between them, as
salvage is payable only to the salvor or his personal represen-
tatives. (17)
This rule does not apply to cases where a man ships on board a
vessel with the understanding that she is to be or may be employed
as a wrecker on salvage duty, the crew being then only entitled to
the wages agreed on. (18)
The master or owner has no power to bind the crew, without their
consent by a previous agreement, or after .settlenuint for f;alvage
services. (18 it)
Owners of vessels receiving actual loss or running risks in salvage
services are entitled to salvage foi' same, as well as the expenses in-
curred ; and charterers who have charge of and sail a vessel on their
own responsibility stand in the owner's place in this respect (19) ;
but ordinary charterers are not so entitled to salvage unless so
agreed with Ukj owners. (20)
Tho Crown is not entitled to salvage or any claim for loss, dam-
age or risk caused to any Crown vessel or to the stores, tackle or
furnitui'e thereof, or for tho use of. any stores or other articles be-
longing to tho Crown used on salvage duty, or for any other expense
or loss sustained by the Crown by reason of such services. (21)
This clause does not, however, seem to exclude the seamen on Crown
>
SALVAGE.
129
Jte
ir
>
o
vessels from being entitled to salvage for meritorious personal ser-
vices as salvors.
Salva^H Ix'in;; a reward for saviufj property or life, the service
must l>o successful to entitle any one to salvaifo. ('.'"J) Where,
however, salvors after partially I'eleasinu; a vessel are forced to
a))andon her for the time hein port ; the
court would not treat them as salvors, Imt sdhnved them £15 as
pilotage. (42)
The lieu given the salvor by the Law Maritime holds goods even
during change of jwssession, or transfer, of property, but by undue
delay or improper detention the salvor may lose his remedy and
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even forfeit his rights as detention of the ship lioyond what is need
{\\\ for security is very prejudicial to his interests. (43)
"Wlicre the salvors h'^wc to almiidnn their lien on the ship's eaij^o
and property saved, tlie master may enter into a written agreement,
siyiied Ity two witnesses, lo stand Ity the ilecision of the courts and
to give security to any amount agreed nn,and sucli seeurity willlie land-
ing on the ship, cargo and freight, their respective owners, their lieirs
and representatives for the salvage given by the courts. (44)
\\niere suit has been entered the ship or cargo nniy he released on
bail being given or the money paid into court. (4r))
An agent who is authorized by the master to take possession of
the cargo of a .ship at that time asliore, and to do whatever is neces-
sary for its safety, has a lien on the cargo for his expenses, as being
in the nature of salvage, or general average. (46)
Where a vessel or tug goes out of her way to give information to
a steam-tug of a vessel in distress, on account of wliich information
the tug went after and re.scued the vessel in distress, the vessel or tug
giving the information is entitled to part of the salvage reward. (47)
Where a tug contracted to tow a ship into port f(»r a certain sum,
and during such towage a storm came on and both vessels were in
extreme danger, being on a lee shore and the tug kept hold of her
tow, though her bunkers were full, four pumps at woik and the
steam pressure above the regulation, the tug was held entitled to sal-
vage besides her tow bill. (48)
One vessel rendering assistance to another which she has injured
in collision has no claim to salvage if the collision occurred by her
fault. (49)
In cases of salvage where both ships behtng to the same owneifH,
the master and crew of the rescuing ship are entitled to salvage if
the services performed do not come under their original contract with
the owners, and for which they would be paid by their ordinary
wages. (50)
Wliere a ship sends men to aid a vessel in distress on account of
not having aufticient hands to work her, and in consequence the first
SALVAGE.
isa
ship is oxposod to risk and the romaiiuler of hot crew had to put in
extra work ; the court heUl that tlie men who went on board theehip
in distress and the niasti^r, owner and the rest of the crew were all
entitled to salvage. (51)
In some cases salvors who do all in their j)ower to rescue a vessel
in distress, but througli no fault of their own their eflforts are unsuc-
cessful, they will be entitled to salvage Avhen the vessel is finally
saved by other means. (52)
Where a steam tug is engaged to work at a ship aground in the
night-time and succeeds in getting her oif and taking her to a safe
anchorage, lies alongside of her till morning, the tug is entitled to
reward for the time she so lies along side the ship ready to render
further assistance if necessary unless otherwise agreed. (53)
Persons who take out during bad weather an an(!hor and chain to a
vessel comj)elled to slip her chains to get awcay from a dangerous
position, are entitled to salvage, although the anchor ami chain are
not needed. (54)
If first salvors, lawfully in possession of a derelict ship, arc wrong-
fully and violently dispossessed by second salvor, who succeed in
l)ringing the derelict into safety, the S(!cond salvors are not entitled to
anything, but the whole nnvard will go to the benefit of the first
salvors. (55)
It is presumed it would Ite otherwise where the ship in distress is
very valuable and the stfcoiid salvors are clearly aware that the first
salvors are not aljle to make tht; rescue alone, in which case both
would be (entitled,
A charterer who takes entire control of and resjwnsibility of a ship
and crew, while in his service is entitled to all salvage earned by her
during that time. (50)
Where in case of a collision between a steamer and a barque ; all
the crew of the latter, excepting the mate, abandoned her and went
a1)oard the stcinucr. The mate remained on Itoard the barque and
navigated her until she was taken in tow by a steam vessel, and the
mate still assisting, was taken into a jJace of saftjty. The court held
the mate cntitletl to part of the salvage. (57)
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SALVAGE.
; r. M
The commander aiul crew of a Queen's ship have the same rights
to salvage as the master and crew of a merchant ship, but they cannot
impose terms and refuse to give salvage services unless those terms
are accepted. {fiS)
An ivssignment for value hy a seaman of his right t2 ; tlie Two
Friends, 1 c. Rol>. Ad. 271 ; Newman v. Walters, 'AH. and 1'. ()12.
(8) Newman v. Walters, .T li. and F. (U2.
(!)) The (General, Falmer, Tiuseott, 2 Hagg. 17(i ; tlie Joseph Harvey, Pad-
dock, I e. Kol). .'i(M) ; the Isahella, Morno, ."{ Hagg. 427 ; tlie Reward, Hogg,
1 W. Rol). Ad. 174 ; the Frederick, Thurmau, I \V. Koh. Ad. I(i ; the Klizji-
heth, S.Iur. ;{(m; the Hehe, Cole, 2 \V. ivoli. Ad. 24(j ; tiie Industry, Davis,
.•J Hagg. 2();{; the (Jalatea, 4 Jur. N. S. UM;4.
(10) Halsey v. Alliartiis/.en, II Moore 1*. C. ,SI.'{ ; the .Tonge Andries, I
Swal). Ad. 220; tlie .1. ('. Potter, L. 11. .S Ad. 2!»2 ; the Alhioii, Lush Ad.
282 ; the Saratoga, Lush Ad. .SIS.
(11) The Atjuila Lnmsden. 1 c. Rol). Ad. .'{7 ; Cargo Ex Hontir, L. R. 1 Ad.
87; the Hapjiy Return, Woolcock, 2 Hagg. Ad. U)8, 20.); the Favorite Lam-
hert, 2 W. Rohb Ad. 2.m; the I'urissima Conception, 'A W. Rohh. 181 ; the
Francis and Eliza, 2 Dods' Ad. II.") ; the Trelawney, Lake, 4 e. Rol). Ad. 22.S.
(12) The Thetis, .T Hagg. Ad. 14, 01 ; the Vine, .lay, 2 Hagg. Ad. I ; th.^
Watt, 2 W. Ilol). Ad. 70, 72 ; the Lively, Chickley, ;'{ W. Rob. Ad. 04 ; the
lialtimore, Jiaker, 2 Hods' Ad. I, .'(7.
(i;{) Tiie Sarah .lane. 2 W. Kob. Ad. 110, II."); the Monnlainecr, ll.aton, 2
W. Rob. Ad. 7; the Uoe, Swab. Ad. 84 ; the .Jane, Hudson, 2 Hagg. Ad.
;in8, '.W.i; the Sarah Jane, 2 W. Rob. Ad. 110, 11."); the Charles, L. R. ,S
Ad. 530.
(14) The Eugene, Rourne, .'! Hagg. Ad. I.")ti ; the EHort, Uouriic .'» Hagg.
10,-).
(I.-)) The Maria, Kilstrom, Edw. Ad. ]~!S ; the Charlotta, Nesser, 2 Hagg.
A(l, .SGI ; the Eugene. Rourne, .'$ Hagg. Ad. I.")0 ; the Rlendenhaii, Barr, I
Hods' Ad. 414: the EH'ort, I! Ilaiig. Ad. Mm ; the (,»ueeii Mab, 'I'aliiiiau, ;!
Hagg. Ad. 242; the Clarisse Uurn, I Swab. Ad. I2!t, i;{2.
(10) The Dantzic Packet, Tanner, .S Hagg. Ad. XS.S, 38.1; the Riack Roy,
Devey, .'} Hagg. .'iSO N.; the Chami)ion Br. & L. A<1. OU ; the ( I la.sgow Packet,
NicoU, 2 W. Rob. Ail. ;ttM).
(17) The Two Friends, 8 .lur. 10, II ; the ( bbuubine, 2 W. Hob. Ad. ISO,
17 and 18 Viet., e. 104, s. 182.
(18) 2.-) and 20 Vict,, e. Oil, s. I8 ; the Pride of Canaihi, Br. and LubIi Ad.
208.
(18 a) The Britain Allison, 1 W. Rob. Ad. 40 ; the Sarah .lane, 2 W. Bob.
Ad. 110, 115.
(10) The llaltimore, lUker 2 |)od.s" Ad. i;!2 ; the Vine, .lay, 2 Hagg. Ad.
1, 2; the Salacia, (larhind, 2 llagg. 202; the Chiirles, L. U.'.'J Ad. 5:t0 ; the
Jane, Hudson, 2 llagg. .'(.■{8 ; tlie (neiigiibei', 2 llagg. .\il. .").'t4 ; the Miranda,
L. R. ;{ Ad. .■)0l ; the Waterloo, lUreii, 2 Dods" Ad. IXi ; the Scout, L. R. .'1
Ad. 512.
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SALVAGE.
(20) The Collier, L. R. 1 Ad. 83 ; the Baltimore Baker, 2 Dods' Ad. 132 ;
the Alfen, .Jacobflen, 1 Swab. Ad. 189.
(21) 17 and 18 Vict., c. 104, s. 4S4.
(22) The Kdward Hawkins, Lush Ad. .Jl,') ; the Zephyrus, Blake, 1 W.
Rob. Ad. 330 ; the India, 1 W. Rob. A<1. 400.
(23) The Santifore, I Eoc. and Ad. 231 ; the Undaunted, Lush Ad. 90 ; the
E. W., 1 Ecc. and Ad. Rep. 03.
(24) The Harriet, Soutriec, 1 \V. Rob. Ad. 4.W ; the Zephyr, Arrowsmith,
2 HagK. Ad. 43 ; the Swan, Ihing, 1 \V. Rob. Ad. 70.
(23) The Mulgrave, (}arl)utt, 2 Hagg. Ad. 77 ; the True Blue, Roberts, 2
W. Robb Ad. 170; the Betsy, Thompson, 2 W. Robb Ad. 107 ; tlie Jonge
Andries, StefFens, 1 Swal) Ad. 220 ; the Jan Hendrick, 1 Ecc. and Ad. Rep.
181 ; the VVaverly, L. R. 3 Ad. 309.
(20) The Jan Hendrick, 1 Ecc. and Ad. 181 ; the British Empire, Jur.
008; the True Blue, Roberta, 2 W. Hob. A<1. I7<»; the Salacia, (Jarland, 2
Hagg. Ad. 202 ; the Kingalock, 1 Ecc. and Ad. 203.
(27) The Enchantress, Lush Ad. 93 ; tlic Silver Bullion, 2 Ecc. and Ail.
Rep. 70; the Jonge Bastian, 5 c. Rol>. Ad. 322; the Earl (Jrey, I Ecc. and
Ad. Rep. 180.
(28) The Glasgow Packet, Xicholl, 2 W. Rob. Ad. .300 ; the Dantzic Packet,
Tanner, 3 Hagg. Ad. 383 ; the Duke of Manchester, 10 Jur. 803 ; the City of
Edinburgh, Eraser, 2 Hagg. Ad. .3.33 ; the Perla, Audicoechea, 1 Swab. A<1.
230 ; The Cargo Ex Copella, L. R. 1 Ad. .S.'jO ; the Atlas, P. C. 31, L. J. (Ad.)
210 ; the Minnehaha, Lush. Ad. .33.') ; tlio Laily \Vorsley, 2 Ecc. and Ad.
Rep. 253.
(29) Tiio Neptune, Fricker, 1 W. Rob. Ad. 297 ; the Lockwood, 9 Jur.
1017.
(.30) TIk^ Wear Packet, 2 Kcc. and Ad. iUp. 2.'»(i.
(31) Tile Swan, Driiig, I \V. Kob. Ad. 70; the Uapid, Codiranc, 3 Hagg.
Ad. 419.
(32) The Clifton, Liglitbody, 3 Hagg. Ad. 117, 120: tlu^ William Bockford,
Muirhead, 3 C. Hoi). Ad. .M.m"; the (Jleuduror, L. U. 3 P. C. .lOS ; the Thomas
Blyth, Lush. Ad. 10.
(33) The Thetis, 3 Hagg. Ad. 14,02; the Salacia Carland, 2 Hagg. Ad. 202;
the Oscar, Loggren, 2 Hagg. Ad. 2.")7 ; the A(|uila, Lunisden, 1 C. Rob. Ad.
.37, the Ewell IJrove, Burton, 3 Hagg. A<1. 209, 221.
(.34) The Fusilier, 34 L. J. (Ad.) 25 ; 17 aniiiti)ii, 3 Hugi,'. Ail. 428 ; tlie Westiainstcr, 2 W.
Ro)))). Ad. 22!).
(41) The Hope Norman, 3 Hagg. Ad. 423.
(42) Tlie City of Edinhurgh, Prazer 2 Hagg. 337.
(43) Richardson v. Clauipbell, 3 B. and Aid. 192; Harnier v. Bell, 7 Moore
P. C. 267.
(44) 17 and 18 Vict., c. 104. s. 497.
(45) The Peace, 1 Swah. 8,").
(46) Macl\achan on Sliipping 53
(47) The Sarah, 3 Adiu. I). 39 ; 37 L. T. 831.
(48) The I. C. Potter, 3 1.. R. Adni. 292 ; 40 L. .T. Adni. 9; 23 L. T. 603;
19 \V. R. 335.
(49) The (ilengaber, 3 L. R. Adm. 292 ; 41 L. J. Adin. 84 ; 27 L. T. 386;
19 W. R. 168.
(50) The Sappho, 3 L. R. P. C. 690 ; 40 L. J. Adm. 46 ; 24 L. T. 795.
(51) The Charles, 3 L. R. Adm. 5;}6 ; 26 L. T. .594 ; 21 W. R. 13.
(.V2) Tlie Welporneiie, 4 L. R. Adm. 129 ; 29 L. T. 405 ; the Aztecs, 21
L. T. 797 -A.lm.
(53) The Philotaxe, 29 L. T. 515— Adm.
(54) The /Eolua, 4 L. R. Adm. 29; 42 L. J. Adm. 14; 29 L. T. 41 ; 21
W. H. 704.
(•)■}) The Katideen, 43 I.. .1. Adm. .39; 41 L. T. 204.
(56) The Scout, 3 L. R. Adm. 512 ; 41 L. .1. Adm. 42 ; 20 W. R. 617.
(57) The Le .louct, 3 L. U. Adm...->56; 41 L. .1. A.lm. 95 ; 21 W. R. 83.
(.58) Cargo Ex Woosung, 1 Adm. 1). 260 ; .^5 L. T. 8 ; 25 W. ]{. 1.
(.59) The Rosario,
2 Adm. I). 41 ; 46 L. .1. Adm. 52 ; .35 L. T. 816.
(60) The Maude, 36 L. T. 26— Adm.- -D.
(61) The Silesia, 5 1'. 1). 177; 50 L. J. P. 9; 43 L. T. 219; 29 W. R.
156— i).
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SALVAGE.
(62) The S. S. IJutlcr, tlio liiiltic, 4 L. K. Adiu. 178 ; -A3 L. J. Adm. 17; 22
W. 11. 7.V2.
(03) The Aiueruiue, L. II. C. 1'. C. 4(iS.
(64) The "Kathleen," 4 A. and E. 269.
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TOWAGE.
139
CHAPTER lY.
PART III.
TOWAGE.
The t'Ug is liound to use diK' diligence, caio and reasonable skill,
and shoWd be }»ruvid(!d with such a cnsw, tackki and (Mpupnients as
are reasonably expected in a vessel of her class, and she also con-
template* the ordinary fi.sk under ordinary bad weather, and the risk
of wind* and waves and obstacles, floating or lixed, that be about in
her path. (1)
Except as above, she does not M'arrant to bring tlie tow to its des-"
tination under all circunistancos and at all hazaids, but merely to use
her best endeavors for that purpose, and she is relieved from respon-
sibility if she be prevented by accidents or greater force not con-
ten>i)latc«l which renders the performance of her contract im-
possil)le. (2)
She is not, however, relieved because slie is interrupted or her task
cannot W. eomjileteil in the manner originally intended. (3)
If, in tbe discharge of her task, by reason of the sudden violence
of the winds or waves or otlier ai'cidents the tow is placed in danger,
and tlic tug incui's risks and performs duties not originally contem-
plated, she is entitled to extra pay for s\icli extra work if the ship bo
saved, and she is bound to pi'rform such extra services, unless it is
impossible for her in do so. (4)
The tug has the same duties and authority over the ship while in
tow as a \)ilot would have if on board. (.'))
(.)f eounso where there is a pilot either aboard tlie tug or tow, both
are to obey his orders. (0)
lit
;|
!(..?
!l i
1 I ■
! tn
140
TOWAGE.
Tho tug i,s the agent of tlie ship in tow and liable to lier owner for
any damage occasioned through the fault of tho tug alone. (7)
The owners of the ship in tow arc in tlic first case liable to third
peraona suffering damag<'s l>y the ui-ts of cither the sliij) or tug, hut if
th(f damage is caiised by the tug's fault tlicy have a right to recover
liai.'k from her. (H)
In case of accidents, tlarkness or tliick weather can only be an ex-
cuse for those who have exercised such extra caution as prudence and
the circumstances require. (9)
Xo vessel can lay aside ordinary care under ordinary circunistajices,
or extraordinary care where tin? circumstances are extraordinary,
without making herself liable to answer for any damage that ensues
in consequence. (10)
Htrict lookout is one of tlie most iinportiint things to be kept)
especially when a vessel is under wny. (11)
Steamers should always reverse tlieir engines wlxm there is danger
of a collision ; easing them down is not enough. (\2)
A ship that was drifting with tlu; wind and tide, dragging her
anchor, had to ])ay for the damages caused i)y her thus colliding with
another vessel, on the ground that sht^ should have let go a second
anchor. If the anchor had been too light it would be the same. (13)
It is of the greatest importance that a scanmn should as a matter
of course stick to and keep the rules of th(! road whenever they are
ajjplicable to the circumstanccis, ai>d he shouhl take it for granted that
tho other vessel is going to do so too. (It)
A vessel under tow is considered ac a steam vessel while being
towed. (15)
It is the duty of a tow to follow diri'c-tly in the course of the tug,
and the tug therefore is not liable for damages sustained by a
schooner which slutered out of the coiu'se and struck a rock. (16)
It is the duty of a ship or tiig towing another to keep a look-out
for both.
It is the duty of a ship towed by anrtther to follow exactly all hor
manoouvres.
TOWAGE.
141
A ship being towed in a fre(|uente(l place should have the means of
immediately shipping or cutting the tow line.
A sailing vessel in danger from a steamer towing another vessel
should do what she can to i)rev('nt an accident, though the fault
is entirely that of the other shiit's. (17)
A tug under contract to tow a ship is not entitled to salvage pay
for rescuing the ship from danger luduglit about by the tug's negli-
gent performance of her towage contract. (18)
A tug which receives positive instructions from the ship she is
towing as to the course she is to steer is bound to follow such direc-
tions, and is not lial>le if die, slii|> gets into trouble in conse-
quence. (19)
Where a tug contracts with a vessel to tow hcu' to a certain place
it is inferretl tlint sh(i is to be tuwcd through to her destination
with due and reasonable diligence, and the tug cannot drop or desert
the vessel and i)ick her up again witlioiit si)ecial agreement ; and it
is no defence for a tug captain to contend that he could not perform
his contract because the tug was unavoidably frozen in. (20)
Where a tug agrees to tow a vessel from (uie jtlace to another for a
lixed sum, the tug cannot claim extra pay in respect of a delay which
occurs during the passagi- without any fault on the part of the tug or
the tow. (-'1)
NOTES.
(1) Tlie(!iiliit Moore P. C. 486 ; The Annapolis, Lush.
Ad. Soo.
(4) The roiielca, llr. and bush. Ad. 80 ; The Charles Adolphe, Swab. Ad.
153 ; The Albion, Lush. Ad. 282.
(5) The Energy, L. R. 3 Ad. 48.
(0) Tiic Christiana, .'1 W. Uob. Ad. 27, .'l.'l ; I'ettoy v. Catto, G Moore, P. C.
371 ; The Duke of Sussex, I'oiss. 1 W. Rob. Atb 270.
(7) The Energy, L. U. 3 A<1. 48 ; Tlie Julia, Lush. Ad. 224.
(S) The Energy, L. K. 3 Ad. 48.
I in
;i:f
IJT
i
I ] 'I'l
142
TOWAGE.
(9) Th« East Lothian, Lush. Ad. 241 ; The Itinerant, Russel 2 W. Rol).
Atl. 236.
(10) The fiirolamo, Guiranovick 3 Hagg. Ad. 169, 174 ; The Virgil, Wilson,
2 W. Rob. Ad. 201 ; The Iron Duke, 9 .Tur. 476 ; The Despatch, Cooper 1
Swab. Ad, 138; The Rose, Gilmore, 2 W. Rol). A.l. 2: The Perth, Spink,
3 Hagg. 414.
(11) The Frederick Thurinan, 1 W. Rol). Ad. 16; The He))e, Cole, 2 W.
Rob. Ad. 246 : Tlie (ieneral Palmer, Thomas 2 Hagg. Ad. 323 ; Tlie Elizabeth,
8 Jur. 365 ; The Jonge Andries, 1 Swab. Ad. 226.
(11) The Chester, Lawson, 3 Hagg. Ad, 316; The George, 9 Jur. 670 ;
Hay V. Le Neve, 2 Sliaw's Appl. Cases .39") ; The Hope Hepl)urn, 1 W. Rob.
Ad. 156.
(12) The Perth, Spink, 3 Hagg. Ad. 414 ; The Trident, 1 Ecc. and Ad, Rep,
217 ; the Sylph, 2 Ecc. and Ad. 75, 86.
(13) The Northampton, 1 Ecc. and xVd. 152; the Massachusetts, Pritchard,
1 W. Rob. Ad. 371 ; the Ulster, 6 L. T. N. S. 736; the Ligo, Ligo, 2 Hagg.
Ad. .356; The Celt, Taylor, 3 Hagg. Ad. 321; the Dumfries, Thompson,
(in appeal) 1 Swab. Ad. 125, 126.
(14) The Maugerton, I Swab. Ad. 123.
(15) The American and the Syria, L. R. 4 Ad. 226.
(16) The tug Stranger, 24 L. T. 364- U. S.
(17) The Jane Bacon, 27 W, R, 35— Ailm. D.
(18) The Robert Dixon, 5 P. D. 54 ; 42 L. T. 344 ; 28 W. R. 716— C. A.
(19) The Robert Dixon, 5 P. D. 54 ; 42 L. T. 344 ; 28 W. R. 716-.C. A.
(20) Gaskiu v. Calvin, ct al 2 C. P. 527 ; Dorland v. Bonter, 5 Q. B. 583.
(21) The Hjemmett, 5 P. D. 227 ; 49 L. J., p. 66 ; 42 L. T. 514.
PILOTS.
143
CHAPTER lY.
PART IV.
PILOTS.
The ncaiue pilot belongs legally to a pcM'son who does not belong to
the vessel, but has charge of her during her progress through a river,
roadstead or channel, or from or into a port, and he is usually taken
on board at ii particular place for that purpose t)nly. (1)
A pilot as soon as he enters on his duties aboard sui)ersedes the
mastci." in his control of the "onduct of the shi[», and the crew must
obey him promptly in every' iiing he orders respecting same, and it is
the duty of the master to see that the crew obey the pilot. {'2)
The refusal or wilful delay of a qualihed pilot, without reasonable
excuse, to take charge of a ship within the district for which he is
licensed makes him liable t-owner may insure his freight to be earned. (4)
A ])olicy may l)e written or printed, or ]iartly wiitten and partly
printed, but arart of the cargo ; as for in-
stance : where several horses were insured, and each horse was separ-
ately valued and insured, a loss of one of llicui nuiy be held to be a
total loss. (19)
A person advancing luoney on a vsssel in course of construction,
and who is to have a lien for same on the vessel after she is launched,
can insure his interest in her. (20)
Where it is mentioned in i\w policy that the vessel is to " go out
in tow," she must be towed out to the place vessels in her trade are
usually towed. (21)
In the case of a time policy, it was held there was no implied war-
ranty of seaworthiness. (22)
MARINE INSURANCE.
149
If possible, wliere a vessel is ashore, the owners should be com-
municated Avith, and a notice of abandonment given if the owner is
relying on the loss as total. (23)
Where the insurers of a vessel reinsure part of the risk in another
company, the latter require t(i be notified of an abandonment and
total loss before they are liable. (24)
An insurance premium should l»e paid at the time of the applica-
tion, as in case of loss before the policy issiies and the prenuum
impaid, the insurance company wonlil not be liable. (25)
Where a person insuring a vessel answers to a direct question as to
whether she has sailed or not, that she has not, the policy is void if
she had in fact sailed. If nothing is said about the matter and she is
not at the time what is called a missing ship, the policy is good. (26)
Where a vessel, insured against total lo.ss, only runs ashore, the
owner luas no right to abandon her and claim for a total loss, imless
the vessel was in such a state that no prudent man woidd think it
worth his while to attempt ttt save and repair the vessel. (27)
Where a policy sets out tliat, if an accident to the vessel happens,a
regular survey of her shall be. ludd as soon as possible thereafter,
this nnist be comi»lied with uidcss absolutely impracticable. (28)
Where a ves'il owner ov master determines to abandon a vessel
and claim for a total Ittss, he must give notice of such abandonment as
soon as ]tossiblc after tlie accident. (29)
A condition in a policy, " that suits for dauiages under suc^li ]>oli(\y
must be brought within twelve months aftei any loss or damage
occurs" must be kept, and suitois will be barred after the time ex-
jures. (30)
In every marine policy for a certain voyage a warranty is implied
that the ship is seawiU'lhy at the time the risk attaches. Otherwise
in case of a time policy. (.31)
A seaman who ships on board a vessel which turns out to be un-
seaworthy, and wlio sutlers damage llnneby has no remedy against tho
owners.
(32)
'■S,\ W|
i i
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!i:s
ir.o
MARINE INSURANCE.
lii!
'•A t
K\ I
:<
The ship owner does not warrant tliat the vessel shall continue sea-
worthy, or that the master or crew shall do their duty. (33)
In marine policies seaworthiness moans that the hull of the vessel,
the master, the crew, the tackle, sails, rif^giii*,', stores and outfit gener-
ally ure such as make her in every respect rcasonahly fit for the
proposed voyage. (34)
A vessel may be seaworthy for port or river navigation, and not so
for an outside voyage. (3.5)
Where the insurers take the risk, with full information as to the
class of the ship and the tra.lc she is to he in, the owner and master
are only required to make her as seaworthy as is reasonably practicable
with such a ship. (36)
A ship may be iinseaworthy by being overloaded or iniproi)erly
loaded. (37)
Where a master is grossly ignorant, the ship i^ not scaAVorthy. (38)
Whore a pilot is necessary a ship is not seaworthy which goes
without one. (39)
Stores and siip[>lios for the voyage are as nmch a recpiireuuMit for
seaworthiness as the taunchuess nf the hull itself. (10)
Where a vessel was sufticicntly luannod or provisioned at the start,
but owing to accident of otherwise liev crew liecomes short or her
provisions scarce, a deviation to lill up eitlier will not break the in-
surance. (41)
Whore a master finds his port of dischiugt! ice-bound or otherwise
blocked so that he cannot enter, and lie makes for the nearest port to
Avait until his owi: is open or for orders, the doviati(»n will not void the
insurance. (4L*)
In case of accident it is the master's duty to use all r»asonable
moans to save the ship ami goods, and in case of an abandonment,the
master in such ett'orts, acts as the agent of tlu^ insurance eom-
jianies. (43)
MARINE INSURANCE.
151
In case of reshipinent of the cargo the master acts as the owners'
agent, as the insurers of tlie ship have no claim on the freight. (44)
Where several ports of discharge are named in the policy the master
must visit them in the order named, hut he is not ohliged to go to all,
in fact he may only call at one. (45)
Insuiunce companies are presumed to be acquainted with the
practise of the trade they are insuring. (46)
Where, in consequence of one of the perils insured against, a
vessel is forced to leave her i)roper course, such deviation is not one
which will void the policy. (47)
A vessel is chai'tered at " A " to go to " B " and take a cargo
from thence to " C," and the freight is insured before she leaves
" A." The vessel is lost, or damaged so much, before she reaches
" B," or receives the cargo, that the charter is broken, and she loses
all chance of getting the cargo and ea'-ning the freight. The in
surance company is liable for the freight. (48)
A master who does not sail on the day warranted in the insurance
policy is liable for such neglect, and the policy itself is thereby ren"
dered void.
Where a master actually heaves up his anchors, or unmoors, and
starts oi\ the intended voyage, but is driven back by bad weather or
otherwise, the condition iti the policy to start on that day is ful-
filled, provided the master clearly intended to keep on his voyage
when he started and his ship was in complete readiness to do
rfo. (49)
The right of the underwriters of a lost sliip for damages against a
wiong-doer is merely to make the same claim that tlu^ insured might
have made. (50)
INSURANCK HROKKHS.
An Insurance broker, or, as he is more generally called on this
side of the Atlantic, an insurance agent, is an agent or middlenian
between tho assured and the underwrittTs or insurance companies,
whose duty it is to effect policies of insurance on ships, freight and
'. '.'
Hi
i
1
1
'i
iii
152
MARINE INSURANCi!.
On accepting an order to procure an insurance he is bound to do
his duty within a reasonable time, faithfully communicating all
such material information as he is possessed of and the insurance
company ought to know. (51)
He is required to use reasonable skill in the discharge of his
duty, and to insert or have inserted in the jwlicy such terms as his
instructions or the nature of the case may require. (52)
Negligence, or want of skill, or of due diligence, will be a gi'ound
of action against him. (53)
He is bound to know what is unquestionably material to be com-
municated to the insurance company. (54)
Every fact in the knowledge of the insured which increases the
ordinary risk, and which, if it were made known, would increase the
premium, must be communicated to the insurance company ; and
when insuring, the insured had notice of a violent storm at the port
of departure about eleven days after the vessel left, but only in-
formed the insurance company generally that there had been
" blowing weather and severe storms " on the coast since the vessel
had sailed it was held that this concealment broke the policy. (55)
The insured is not bound to make known to the underwriters any
circumstances relating to risks which the lattei- do not insure
against ; us, for exuiiipic, risks which are excluded either by an ex-
press or ini])lie(i warranty. (5(i)
The insured is bound to i-inploy a captain of compet(!nt nautical
skill and of general good character. (57)
In calculating the vaiuf; of a vessel under an open jtolicy allow-
ance is to be made only for such articli^s as add to her permanent
value, or are necessary to i»repare her for the voyage insured, such
as provisions, etc., advances to the master and crew not exceeding a
month's pay. (58)
In calculating whctlun* a vessel can be repaired for half her
value, her value at the place where .she i.s, must l>e taken, and not
tliat in the policy.
To ri'jiair means to fully restore the vessel to her original con-
MARINE INSURANCE. 153
difcion with, in general, the same kind of material as formerly. (59)
All losses and expenses necessarily, prudently or reasonably in-
curred on account of the property saved from shipwreck, from the
time of the shipwreck to the time when it is in a position to be
directly transported to its destination, are proper charges upon such
property, for which the insurance company is liable. (60)
Where an insured vessel meets with damage, whii^h is the sul»j<'ct
of general average, her owners can collect from the underwriters the
proportion charged against the cargo and fi'eight. (61)
An abandonment substitutes an insurer in the place of the in-
sured, and consecjuently after same is accepted, the insurers are
entitled to whatever freight may be thereafter earned. (62)
Where the expense of repairs is etjual to half the value of the
ves.sel, or mon^ the insured may abandon as for a total loss , and
the amount is to be taken without deducting oue-third new for oldt
which rule applies only in cases of partial loss. (63)
As regards abandonment, the value of the vessel inserted in the
policy must be taken, and the insured is not allowed to give pi'oof
of her real value. (64)
The insured is entitled to recover from the underwriter the
expenses of labor and travel incurred for the preservation and
recovery of the property insured, over and above the sum
insured. (65)
An adjustment is conclusive when all the facts in the case ha»t
been disclosed, and it cannot be opened, except on the ground of
either fraud or mistake from facts not kno.vn. (66)
Where there has been no fraud tlu* valuation in the policy is con-
clusive against the insurers. (07)
An omission to abandon will not deprive the insured of his right
to recover the actual loss sustained. ((5^)
An abandomnent is not necessary in onhn- to entitle the insured
to recover for a tcttal loss where the loss is actually absolute ond
entire. (69)
is H
i ;
ill
■■■■■i
154
MARINE INSURANCE.
An abandonment must be unconditional, clear and explicit and
on sufficient grounds, and the causes or reasons for making it must
be described with certainty and precision. (70)
The acceptance of an abandonment relates back to the period
when the accident occasioning it happened, and the insurers become
the owners of the property from that period. (71)
By an abandonment the master becomes the agent of the under-
writers, and the insured are not bound by his subsequent acts, unless
they have adopted them, and he is answerable to the underwriters
alone for his misconduct or loss. (72)
After an abandonment of goods the consignee of the goods be-
comes the agent of the underwriters, and the disposition of the
goods saved, as made by him while he acts in good faith, is for the
benefit as well as at the risk of the insurer. (73)
It was held under the following clause in an insurance policy
[" This policy, warranted by the assured, to be free from any con-
tribution for loss by jettison of property laden on deck of any sail
vessel or barge."] that a steam barge was not included. (74)
Where the goods which are saved do not amount to half the
. value of the goods insured, the insured may abandon as for a total
loss, and such an abandonment may be enforced although the vessel
be afterwards repaired and proceeds on her voyage. (75)
Stranding is not always in itself a loss which will justify an
abandonment ; it must be attended by such circumstances as are
likely to produce total loss ; and it seems that where a vessel should
be deemed a wreck, or her situation des^ierate, or that she cannot be
got off at an expense of half her value, an abandonment may be
matle and can be enforced, although she be afterwards got off by
others and repaired at a less expense than was estimated. (73)
The following foruis of hull and cargo policies are now in use on
the lakes ;
MARINE mSTJRANCE.
155
VESSEL.
Sum Insured,
Vessel Valued at,
THE NO.
INSURANCE COMPANY,
OP
On Account of
Loss, if any, payable to
Do make insurance, and cause dollars,
to be insured upon the body, tackle, apparel and other
furniture of the called the
of
From noon of the day of 188 ,
(the said vessel being warranted by the assured to be
then in safety). To noon of
the day of 188 , unless
sooner terminated or made void by conditions herein-
after expressed.
Warranted by the assured to be employed exclusively
in the freighting and passenger business, and not to en-
gage in the lumber trade off the shores of Lakes
Michigan and Huron (Grand Travers and Green Bays
excepted), and to navigate only the waters, bays, har-
bors, rivers, canals, and other tributaries of . Lakes
Superior, Michigan, Huron, St. Clair, Erie and Ontario,
and River St. Lawrence to Quebec, usually navigated
by vessels of her class, during the portion of the life of
this Policy, between noon of April 1st and noon of
November 30th ; and between noon of November 30t^
and noon of April 1st ensuing, said vessel shall be laid
up light and safely moored, satisfactorily to this Com-
pany.
The said Vessel, tackle, apparel and other furniture
are valued at Dollars, without
any further account to be given by the assured to the
assurers, for the same.
Touching the adventures and perils which the said
Insurance Company is content to bear and take upon
itself by this Policy, they are of the Lakes, Rivers,
Canals, Fires, Jettisons, that shall come to the damage
of the said vessel, or any part tliereof. Excepting all
perils, losses, misfortunes or expenses consequent upon,
and arising from or caused by, the following or other
legally excluded causes, viz.: damage that may be
done by the vessel hereby insured to any other vessel
or property ; incompetency of the master or insuf.
iiciency of the crew, or want of ordinary care and skill
71
£1£
! •>.'
M
! I
166
Raie
Prem.
per cent.
MARINE INSURANCE.
in navigating said vessel, and in loading, stowing and
secnring the cargo of said vessel ; rottenness, inherent
defects, overloading and all other unseaworthiness ;
theft, lianatry, or rol)ljery ; tharges, damage or loss in
conse(|uence of a seizure or detention, for or on account
of any illicit or piohiliitetl trade, or any trade in articles
contraband of war ; any claim for wages or provisions
furnished to otticcrs or crew, while the property insured
may be detaineil by any disaster, or during subsequent
repairs, excepting always services rendered in protect-
ing, recovering and securing the vessel or property
covered l)y this Policy; anchors being cast without
l)eing properly or sufficiently buoyed, gangways and
openings througii tlie deck being improperlj' or inse-
curely secured or protected.
The assurers lierc'iy acknowledge the receipt of
note , at months from for
the amount of the consideration of this Insurance ;
wiiicli, at the rate of per cent, on $
is $ Less pel' cent oil' is $ Total
amount of Note !?
In case of loss or misfortune, it shall be lawful and
necessary to and for the assured, his agents, factors,
8er\ants, and assigns, to give the assurers prompt notice
of the disaster, and submit the plan adopted for recov-
ering and saving tlie property ; and to make all reason-
able exertions, in and about tlie defence, safeguard and
recovery of the said vessel, or any part thereof, without
prejuilicc to this insurance ; and after recovery and the
holding of a survey, by j)ers(ms chosen by the insurers
and insured, or their agents, made under oath, setting
forth the particulars of actual damage received by the
vessel iu ihe disaster, and discriminating between those
and former defects, and wear and tear, the insured are
to cause the same to be foi'tliwitn repaireil, in accord-
ance with tln3 surveyor's specifications ; and in case of
neglect or refusal on 'the part of the insured, his agents
or assigns, to adopt prompt and efficient measures for
the safeguard and reccjvei'y thereof, or to repair the
same when recovered, then the said insurers may, and
are hereby authorized, to interpose and recover the
said vessel, or after ro'.'overy to cause the same to be
repaired, or both, for account of the insured ; to the
expenditures and amount wiiereof the said Insurance
Company will contribute according to the proportion
MARINE INSURANCE.
157
l-
of
its
or
he
m\
he
be
Ihe
kcc
Ion
Particular Average,
per cent.
the sum insured l)ears to the vahiation aforesaid, and
the surplus (if any) paid or incurred by said insurers
(with the premium note, if unpaid), shall be a lien upon,
and shall be recoverable against the said vessel, tackle,
apparel any good and sutticient Shifting-l^iards,
properly and securely put in place 8«) as to eil'ectually
prevent the Shifting of the Cargo.
The interests of the assured in this Policy, or any
ixirt tliereof, or in the propeity hereby insured, or any
part thereof, is not awignable, uidess by consent of this
Corjjoration manifested in Avriting, and in case of trans-
fer or termination of any such interest of the assured,
or any change of tlie nature of tlie insurable interest of
the assured in the property aforesaid, either by sale or
otherwise, without such consent, this Policy, shall from
thenceforth Ihj void and of no ett'ect ; and no a.>f
this I'olicy, «ir of any Contract Propoxition covered hy this Policy, according
to their true intent and meaning.
Beginning the adventure upon the said property from ami inniiediatcly
following the loading thereof at the poi-t or jdace nameu in this endorseifient,
and so shall continue and endure until the same shall arrive and he safely
landed at the jiort of destination, and not to exceed forty-eight hours from
the time of ilrri^•al.
Touching the adventures and perils which the said Assurance
Company is contented to hoar anTE INSURANCE.
party ; to the charges wliercof the said Company will contribute in such pro-
portion as tiie sum iicrein iuaui-ed Invars to the whole value of the property so
instiretl. Moneys anil UuUion, i'roniissory Notes, and other evidences of
de'it, Books of Account, Written Secuiities, Deeds, or otiicr evidences of
title to property i>t any kind, arc not <'overed by this P'dicy, unless ex-
pressly define. ! as so insured.
And in case of Loss, sucli loss to be paid in thirty days after proof of
loss, and proof of interest in s.iid property are furnished this Company, i'ro-
vided always, and it is liereliy fiiithci- aj;rccd, tliat if the said insurci! shall
have made ai.y otiier insurance uj)o>i the property aforesaid, prior in ilate to
tliis I'olicy, then the said .Assurance Conijiany shall ))e answerable
only for so nnich as the amount of siich prior insurance may be deticient
towards fully covering tlie property liere))y insured ; and the said
Asfuranco Company shall retu!'n the premium upon so much of tiie sum by
them insured as they shall l>e by such prior insurance exonerated from. And
in case of any insurance u])on t\w said jjropi'rty, sub.se(|uent in date to this
Policy, the said Assurance Com[)any shall nevertheless be answer-
able for the full extent of the sum l>y them subscribed hereto, without right
tti claim contriliution from such subsecpu'tit insurers, and shall accordingly be
entitled tt) I'ctain the premium by tiieu' received, in the same manner as if no
such subsecpH^nt i^isurance iiad been made. And in case of loss or damage to
the property hereby insured, this Comjiany, its agent or representative, at or
neai'est t'ae first port of dischiirge, shall have prompt notice of same, and shall
have every opportunity and facility for ascertaining tlu! cause, extent and
amount of damage, by i>ersoi' .t ins]iecti< n, apjiraisal or sale of the damaged
l)roiH!rty. It is idso agreed that tin: iiio))erty be warranted by tiie insured
free from any charge, dain;vge or loss, which may arise in consecpienee of a
seizure or detentit)n, fcu' or on account of any illicit or ])rohibited tifide, or any
trade in articles contraband of war. It is Kurthermoie Hereby Kxpress!y
I'roviueil, chat no suit or action against tliw ('om|)!iny, for the I'ccovery of any
cluun for loss or damage u| "u, under or by virtue of this I'olicy, '.hall bo
sustiiined in any Court of Law <>r Ki|uit>, uidiss siu'li suit or action shall be
conunenced within the term oi twelve mor.ths next after the loss ov o validity oC the claim theieby so atteni))ted w be
en'oreeil.
It IS Also Ag''eed and Undtfrstood, that in case of loss (>rdanuige under this
l'f>licy the assured, in aicepting payment theiefor. herc^by ,ind by tiiat ai't
assigns ami transfers to this Company all his or their right to claim for loss or
damage, as against the (,'arrier, oi other I'crsou or I'l'rsons, to inuri^ to Ihoir
benefit, howevei, to the extenf only of ihc auount of the loss or ilamage and
attendant expenses of ivcoveiy, paid or insuied by the .said Assur-
ivuue Company ; and an;, act of the insured, waiving or transferring, or tend-
MARINE INSURANCE.
163
ing to defeat or decroaBC any such fliiiiii against the carrier, or sudi otIuM'
person or ))ersons, wlietlier l>ef(>i(; or after tlie insurance was made under tliis
Policy, shall lie a cancellation of tlie lialiility of this Coniimny, for or on
account of the risk insured for w hich loss is claimed.
And it is UihU-rskood and Agreed, that this (\)mi>any, or its Agent, siiall
have free access, at all rtasonalde hours, to the liooks, accounts, instructions
and correspondence of the assured containing statenu^nts of, or whiment to be considered ns Insured niitil a|i|iid\cd and endorsed
hcieon by this l!(impaiiy.
It is understoocrindagrced.as oneof the coiiditidiisniidci' which this Policy
is issued and (tiidorsemciits iiiadt! thereon, that ii the iiisiiiaiicc is piocnicd by
any pers«)n or persons otiicr than the assured, they simll lie deemed the Agent
or Agents of the .l.^■^«r'(/ and not of' l/iis Ciiiii/iaiii/ in any and all transactions
relating to this insurance.
This I'olicy is subject to tlu' usages and regulations of tht! py their Manajring
Director and attested by tlieir Secretfiry, in the of , this
(hiy of 18 , but the same shall
not be valid unless countersigaied by , (jloncral
Agents,
Attested,
^lananing Director.
Secretary.
Countersigned, KS , lieneval Agents.
NOTES.
(1) Smith's Merciintile Law, ',i'2Q.
(2) Smith's Mercantile Law, '.]Xi.
(.'{) Powels V. Innes, 11 M. and \V. 10,
(4) ]..ucena v. (Crawford, '2 N. It. .'{00 ; Hoblis v. liiinniin. ."! Camp. (K! ;
Page V. Fry, 2 B. and !'. 24U.
('^) Snath's Mercantil(^ Law, :VM>. ,
(d) Whitwcll V. Harrison, 2 Kx:;!!. 127: Sb.iwe v. Kilti.n. 2 Kast iOft ;
Horneyer v. Lusliington, la Kast 4(».
(7) Lockyer V. Olfley, I T. K. 252; I'ol. v. Kit/^'cral.!, Willis (141.
(8) Smith's Mercantib Law, .'140.
(9) Le Mesurier v. \ aiigjian, (1 K;ist .■!82.
(10 Kewiey V. Uyan. 2 II. III. ;H:{.
(11) Smith's Mercantile Law, .'141. :!42.
(12) Snnth's .Menimtilc Law :t4:!.
(\H) Smith's Mcrcaiitil.- L;.«. :{.")7.
(14) H .M. and W , S!).". ; 14 Mooiv, 1'. ('. (a. 4(t;« : Wils.m \. Kankins, li
R and S. 20S; L. It. I (,). H. 1(12.
(1.-)) I'arKtt V, Tlumipson. l.'l M. .nd \V. .•!!I2 ; Phillips v. Nairn.-. 4 ('. H.
4 c. u. ;u;t.
(10) Smith's Mercantile Low, . '17^1 -4. V
(17) Smith's Mercantile Law. ;{70.
(18) Smith's Meiiantilc J.iaw, H81 ; l\o^l^v \. Sahailor, ."t liing N. (.'.;
282to21M».
(10) Smith's Mercantile Law, ;{82.
(20) Clark v. Scottish Imp. Ins, Co., 4 S. C, I!. 102.
MARINE INSURANCE.
105
(•21) The Provincial liiy. Co. of Caiiada v. Connolly, /J S. C. 11. '2'tH.
(•22) The I'iioenix Ins. Co. v. The Anchor Ins. Co., 4 (). K. C. I'. I). :>-2i.
Cr.i) (ialliighee v. Taylor, 5 S. C. U. ;«»8.
(•24) The I'iioeuix Ins. Co. v. Tiie Anchor Ins. Co., 4 (). I{. C. I'. D. .V24.
(2.">) Walker v. Provincial Ins Co., 7 Chy. l.T/ ; 8 Ciiy. 217.
(2«i) i'erry v. iJ. A. !". anil L. Ass. Co.. 4 Q. B. ;W0.
("27) Meagher v. .Etna Ins. Co., '20 Q. \i. 007 ; Meaglier v. Howe Ins. Co.,
1 1 C. V. .T28.
(•28) Hamilton v. Montreal Ass. Co., '2;i i). H r.'u.
'•29) Harkley v. I'rovincial Ins. Co., 18 C. I'. .{.T).
(:m Provincial Ins. Co. v. .Htna Ins. Co., Iti i). H. l.T).
(.•{!) Uixon v. Sadler, .". M. and \V. 414; linrgess v. Wiekhani, :VA, I.. J.
(}. li. •2.-).
(.•{2) CoiR-li v. Steele, ;! I'll, and Bl. 402.
(;i:{) Dixon V. Saddler, ,"> M. aiici \V. 414.
(.•U) riiillips on Ins. (i'.t.'i ; Lee r. IJeaeh, I Park Ins. 4(iS.
(.'{."») Annen v. Woodman, ;{ Tannt 20!) : Kay on Mastei's and Seamen, 8'2.
(M) Bnrgess v. Wickham, .'< 11. and S. (iOO ; Knell v. Hooper, 2 II. and
N. '277.
(.'{7) Poley v. lahor, 2 V. luid l'\ (>()2 ; Uednum v. Wilscm, 14 M. and
W. 47«).
(;t8) Phillips on Ins. 707.
(:i!>) Phillips on Ins. 715.
(40) Fontiiine v. Phu^i. Ins. Co. 10 .iohnson's IS'. Y. 11. 58.
UD Phillips on Ins. 1018; Woidf v, Claggitt, .'{ Ksp. .•!."»7 ; Korshaw
V. ( lialiert .'! U. and P.. l.'iN Kettell \. Wiggiii, l.'f Mass. Kep. 08; Haines v.
lull, Kast ni:.
(12) Phillips Ins. 102:;.
(I.'l) I hillipH on Ins. 17-VJ; Kidstonv. Empire Ins, Co. L. U. 1 e. p. 544.
(44) Potter v. Rankin. L. l!. 5 e. p. .•{71.
(45) Phillips on Ins. 1010.
(4S) Nohlev, Kenoway, Dongl 5i;i.
(47) Phillips o.' Ins., IO-24 ; Vallego v. Whe.ler, Cowp. I4.'l.
(48) .larkm.n v. Union Marino Inis. Co., 8 L. It. C. P. 57'2 ; 42 L. d. C. P.
281 ; 2'2 W . U. 70.
'4
i
I
(4«) Phillipd on Ins. 772 ; Boud v. Nutt, 2 Cowp. 007.
166
MARINE INSURANCE.
(50) (Simpson v. Tlioinpson, .'{ App. C'uh. '2~\) ; 38 L. T. 1.
(.■»!) Ik)ll V. .hitting, 1 J. 15. Mdoii- I.m : Turpiu v. IMlton, .T M. and : Callander v. Olericks, ."> IJinj,'. >.'. (J. ."iS ; Maydew v. i'^orrestcr, ."» Taunt
(>)."> ; Seller v. Work, 1 Marsh Iiib., .'$0.').
(.Vi) Park V. Hammond, 6 Taunt 40.") ; Chapman v. Walton, lOliing. 51.
(Xi) Wilkinson v. Coverdale, 1 K.sp. ".").
(.■>4) Maydew v. Forrester, ."> Taunt (il."> ; Seller v. Work, I Marsh Ins. 305.
(.V») Seton V. Law, 1 Johns Cases I ; Kly v. Halletx, 2 Caines' Kep. 57,
(■')G) Walden v. The New York F. Ins. Co., 12 Johns 128, in error 12
Johns 5I.'{.
(57) Walden V. The New York K. Ins. Co., 12 Johns Kep. 128, in error
12 .lohns Kep. 513.
(58) Kenible v. Howne, I Caiues Kep. 75.
(.")9) Koiitivine V. The I'hocnix Ins Co., II .Johns !{ep. 293 ; Centre v. The
American Ins. Co. of Xew ^'ork, in error 7 Wendell's Kep. 45.
((iO) Bridge v. The Niagara Ins. Co., I Hall's Supremo Court Kep. 423.
((>!) Steinhotr v. K. C. Ins. Co., 42 ^». K. .307.
(H2) 'J'hti United Ins. Co. v. Lenox, I .Johns Cases 377. Alfirnied in error
2, .lohns 443.
(U3) Depuy v. Tlie L'nited hifl. Co.. 3 Johns Ca!ie« 182; Sherman Marine
Ills. I.-..
(ship, although parts of the price be payabl" at llxed
stages in the course of the work, no pro|»erty passes to the buyer
until the ship is finished and (h^livered to the owner, or is ac<'.epted
by him, e.\cept it is otherwise agreed in the contract. (1)
Where this is not mentioned in the contract, Iho ship may be
seized for the debt of the builder, although almost completed and
ditlerent sums of money paid on the same to the buihler. ('2)
A contract should, therofori^, stat(t that on each payment being
made, so much of the ship, as finished, should revert and belong to
th
e owner.
(^)
The law is otherwise, however, in cases wlien^ the owner supplies
the, mat(>rial and the buiUler merely performs the work. (,'?)
A ship builder has a lien or claim on the ship for the price, and
ii
iii'^'
168
BUILDING OF'SHIPS.
also for repairs, provided the ship be in his possession. Where the
contract is for credit no such lien exists. (3)
A ship builder, who retains a ship under his lien, cannot charge
for rent, unless there is an agreement for same. (4)
A steamboat lias been held to be personal property, and properly
assessable at one of the two places, between which in summer it
plied, and at which in winter it was laid up. (5)
Vessels owned by a resident of this Province, but never registered
there, and always sailing abroad, do not come within the clause,
" Whether such ship or vessels be at home or abroad at the time of
assessment," and, therefore, are not liable to be assessed in this
Province. (6)
See also statutory law at end relating to the encouragement of
ship building, etc.
NOTES.
(1) Wood v. Bell. 25 L. J. (Q. B.) 148, 153 ; Clarke v. Snence, 4 A. aud E.
448, 1.
(2) Mucklow v. Mangles, 1 Taimt 318 ; Tripp v. Armitage, 4 M. and W.
687.
(3) Woods V. Russell, 5 B. and Aid. 942; Atkinson v. Bell, 8 B. and C.277 ;
Baker v. Gray, 17 C. B. 462 ; Wood v. Bell, 5 E. and B. 772; (In Error) 6 E.
and B. 355 ; Franklin v. Hosier, 4 B. and Aid. M\.
(4) Somes v. BritiHli Empire Shipping Co., 8 Ho. of L"ds 338 ; 30 L. .1.
(g. B.)22».
(5) In re Hatt, 7 L. .1. KCi.
(6) The City of Halifax v. Kenny, 3 S. C. 1!. 497.
OWNERS OF SHIPS.
169
CHAPTER Y.
PART IT.
,
OWNERS OP SHIPS.
Where the owners liave a special agreement as to the manage-
ment of a ship and her employment, such agreement must be ob-
served. For example : where they a])point a person, either one of
themselves or some oth(^r person, to be ship's husband or master,
and to have entire charge of the ship. (1)
In case of no such agreement, the majority in value have the con-
trol of the ship and her actions ; but where they want to send the
ship on a certain voyag<; against the wish of the minority they can-
not do so, without first giving a l)on(l for the safe return of the
ship, or for payment to the minority of the value of their interests
in case of loss or damage. (2)
In such a case the majority bear all the expense, and of course
are entitled to all the profit, if any. (3) Neither do the minority
receive payment for wear and tear. (14)
The court can settle all d.ifficulties and accounts between owner.s,
antl may dii-eet a sale of the ship or any part thereof and make any
such order it deems necessary. (4)
Each owner can insure his own share, and a ])art owner cannot
be compelled tn innrr"- or pay a premium or part of one unless
willing to do so. (•">)
If owneis of a ship hold hf^r as partners, each havivig an undi-
vided interest in the whole siiip, they are all jointly liable on the
contract of each, made in the name and for the purpose of the
partnersliip.
If they are part-owners, each owning separate shares in her, as is
generally the case, each is liable upon his own contract, made either
by himself or by an agent duly authorized by hiui. (6)
1^
!i'.|
¥
170
OWNERS OF SHIPS.
Owners an; liablo for tlamagG occasioned by the negligence or
carelessness of tlio master or crew in the course of their lawful em-
ployment to the full extent of the injury to either ship, goods or
person ; and if a jjcrson injured by the accident die, his family and
relations can sue for the loss suffered by them in consequence. (7)
But for the wilful default of a servant, even in the course of his
employment, an employer is not liable. (8)
Thf principle, that one who receives an injury from the negligent
act of another shall not be entitled to damages if by the exercise of
ordinary care he might have avoided the injury, was acted on in
the case of (Ji-icne v. (Ontario Steamboat Co., where Grieve sued for
damages sustatued by him in consequence ot one of the fenders
l)reaking loose from the d(;fendaiit's steamboat while she was in the
act of leaving the wharf atid striking and injuring Grieve, who was
standing on the wharf, he [Grieve] having received Avarning to
stand clear ; and it api)ea*ing that a person with ordinary care
might have escaped. (9)
It was held in the case of the Waubuno that, as she had not been
registered under the Merchant Shipping Act, 1854, she was not a
Hritish ship within the meaning of that act, by virtue of the statute
of Canaila, 3G Vic. 128, and therefore not entitled to take advantage
of the limitation clau.se. (10)
As' to the liability of the ship owners for negligence in the con-
struction and management of their steamboat, by which sj)arks
escaped from the funnel at a wharf, and lundjer and mills there
wen> Iturned, the ship owners ai"e not chargeable with negligence
merely by reason of tli*' esL-ape of sparks, if they used such ))re-
cautions as without preventing the proper working of the vessel
could be adopted to pj'eveiit tin- escape of tire. For example : suf-
ficient steam should be raised before reaching the wharf, so as to
enable the steamboat to leave the wharf without either opening the
dampers or the screens. (11) dA
Pait owners of a ship are tenants in common of the ship, and
partners in the farnings only. (12)
If dutiable goods be brought by inland navigation to a port of
If
r(
cl
ill
OWNERS OF SHIPS.
171
entry and there entered, and the goods are afterwards landed with-
out a permit, they are liable to seizure, but the vessel in which
they were brought is not. (13)
An 'owner of a ship may sue his part-owner,' for they are not
necessarily partners, (15)
A co-owner or ])art-owner in a ship has an undivided[and distinct
interest in the whole ship, but his power of disposal is liinited to
his own share, and he cannot, without authority, pledge the credit
of his co-owner (16)
In tlie laiited States co-owners have implied authority from
absent oo-ownei\s to pledge their credit, so far as may be necessary to
the preservation and proper employment of the ship. (17)
A part-owner has no power to sell or deal with the shares of his
co-owner* without their authority ; where, however, one co-owner
sells and the rest ratify, the transaction otherwise void, is complete
and valid. (18)
In the United States, in the case of repairs done or necessaries
supplied, all the owners are held severally liable in solido for the
whole debt to third parties who have su])plied the above for the
common benefit of the shin. (19)
A shij)'s husband, as a general agent, has prima facie authority
to ordei- and bind the credit of all ihe owners for all nec»'ssary
repairs. (20)
By the execution of a bill of sale a vessel owner divests himself
of all his rights of ownership in favor of the purchaser from the
moment of its execution. (21)
It is i\w. purchaser's duty to register his title, and it is said that it
is doubtful if he could transfer his title or interest before he has
registered. (22)
Foard on Merchant Shipping, page 70, gives the following as the
chief liabilities to the merchant of the ship owner who carries goods
in a general ship, and who undertakes the transport of goods, in-
) i ' -i
■
'i'.
1 ^ A
f
172
OWNERS OF SHIPS.
III
I, :i
discrimiiiately for hire, for all persons who apply to him :
" 1. I In is lial)!*' for the security and safe delivery of all goods
acct'plcd to l»('i'arri<'d without express limitation or agreement. He
is an insurer of the safety of suoh goods in every event, but the act
of God and the Queen's enemies.
" 2. He must carry indiscriminately for all, and cannot refuse to
carry for a particular per.son.
" 3. He may demand as much as is reasonable for his hii-e, and
the bailor is bound to pay ; and the carrier may retain the goodsi
for ho has a lien for his hire.
"4. He may limit his responsibility by special acceptance, and
his liability as insuixu- does not extend to passengers.
" o He must deliver within a reasonable time.
" 6. He is liable, even wlitire negligence has been expressly nega-
tived by the jury, for any loss not within the exceptions, as by rob-
bers coming with it resistible force."
What makes a ship a " common carrier " is a doubtful question.
Mr. Justice Storey considers the following elements necessary :
''1. The carrier must exercise his employment as a public em-
ployment.
" 2. He must undertake to carry goods for persons generally.
" 3. He must hold himself out as ready to engage in the transport
of goods for hire as a business, not as a casual occupation pru hac
vire." (23)
A ship may be a British ship, although she was built at a foreign
l)ort and is inaiin<>d l)y foreigner.s, the sole requisite is, that she
must be owned by British sul>jects.
It is not necessary that the individual members of a body corporate,
registered as owner of a British shij) should be British subjects,
provided such body corporate has been formed under and is subject
to the laws of Canada, and also has its principal place of business
there, and has been duly incorpoi-ated under one of the Acts of a
Canadian Parliament.
A sliip's ownt^r may register her at any British port, irre.spective
of the port wlier(3 lu' resides, and the ship will be considered as
belonging to the port at which she is registered.
mm
OWNERS OF SHIPS.
173
Application to register a vessel must be made to the Rej^istrav of
Shipping by the owner or his agent, and the Registrar being satis-
fied of the applicant's authority shall cause a survey of the vessel to
be made by the proper officer, according to 3G Victoria, chapter 128,
[See end of book.]
On the receipt, by the Registrar, of the certilicate of survey and
calculation of tonnage, the next step towards registration is the
evidence of ownership.
Every owner must make a declaration of ownership, which must
be made before the Registrai- of tin- Port of Registry, it' such osvner
resides within five miles of same, but may otherwise be declared
before any other registrar or justice of the peace. Except in the
case of bodies corporate, when the secretary or other olHcer must
declare in person before the Registrar of the Port of Registry.
Where the ship is British built, the builder's certificate must be
delivered to the Regi-strar ; but where foreign, the bills of sale, by
which the applicant obtained his title, are re<|uire;
Raekatraw v, Nuber, Holt 'MH.
(2) Molloy do Jur, Mar. l>k, 2 C 1 .S. 2 ; tlie Aivillo, 'I'ennant. 1 Hagg. Ad.
30(J ; the Margaret, Toiuisou, 2 ilagg. Ad. 27"»; Haly v. Goodson, 2 Mer. 77,
2 Dod, Ad. 420.
(3) Boson V. Sandford, 1 Carth. G.3 ; the Maggie, L. K. I Ad. 77.
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174
OWNERS OP SHIPS.
(4) 24 Vict., C. 10, S. 8, Imp.
(5) French v. Backhouse, .'i Burr 2727 ; Lindsay v. Oiblw, 4 Jur. N. S.
779 ; Hooper v. Lusby, 4 Camp. 66 ; Bell v. Humphries, 2 Stark R. 345.
(6) Bro)
^
SHIP'S HUSBANDS AND BROKERS.
177
SHIP HROKERS.
A ship bi-okei- is an agent or middleman between the incrchojits
or shippers and the vessel men, and wlio procures freights and nego-
tiates tlie sale and purchase of ships. His appointment does not
require to be in writing, and unless specially mentioned does not
authorize him to conclude 'any bai-gain, charter, etc., without further
reference to his principals. (13)
Where a bi-oker introduces a captain and merchant to one another,
and they, by his means, enter into some negotiation, he is entitled to a
commission, even tliougli they employ another broker to draw up the
charter or do so themselves. (14)
The lu'okor is entitled to Ite paid as soon as lie lias done hi.s
work. (15)
The broker's commission at ocean ports, unless otherwise agreed, is
generally rated at 1 per cent, on ]>urchas(! money in sides, and r» per
cent, on freight in chartering (16) ; and on the lakes the price for char-
tering ranges fiom ^2 to .^20, according to the size of the vessel, and
even more if agreed on.
NOTES.
(1) 3 Kent's Comm. 137; Storey Agency No. 35; Walton v. Fothergill, 7
C. and P. 3»2.
(2) Card v. Hope, 2 B. and C. 661 ; I'reston v. Tamplin, 2 H. and N. 363,
684 ; Darby v. liaines, trHare 369.
(3) Ritchie v. Cowper, 28 Beavaii 344.
(4) Fearse v. Cireen, 1 J. and W. 13i), 139 ; Owston v. Ogle, 13 East. 538 ;
Tophain v. BratUlick, 1 Taunt 572.
(5) Coulthurst V. Sweet, L. K. 1 C. I'. 649 ; Whitwell v. Pcnin, 4 C. B.
N. S.
(6) Barker v. Highley, 15 C. B. N. S. 27 ; 32 L. J. (C. V.) 270.
(7) Lindsay v. <;ibl>H, 4 Jur. N. S. 779 : Fieiieli v. BiukliuuMc, 5 Burr. 2727.
(8) ThomaB v. Lewis or Oxiey, 4 Kx !>. 18 ; 48 L. J. Ex 7.
(9) Abbott on Siiipping, part 1, ch. 3, lOtii ed'n, p. 73.
(10) Storey on Agency, section .'15.
(11) CoUyer'a Treatise on Partnership, p. 681.
(12) Soo also Hall v. Duncan et al, 22 Q. B. 602.
178
SHIP'S HUSBANDS AND BROKERS.
(13) Col«8 V. Trerothick, 9 Ves. 250 ; Smith v. Boutcher, 1 C. and K. 573 ;
Wilkinaon v. Martin, 8 C. and P. 1 ; Burnett v. Bouch, 9 C. and P. 620 ;
Broad v. Thomas, 4 C. and P. 338, 7 Bing. 99.
(14) Green v. Bartlett, 32 L. J. (C. P.) 261 ; Wilkinaon v. Martin, 8 C. and
P. 1,5; Cunard v. Van Oppen, 1 F. and F. 716 ; Burnett v. Bouch, 9 C. and
P. 620 ; Phillips v. Briard, 1 H. and N. 21.
(15) Hill V. Bitching, 3 C. B. 299.
(16) Wilkinson v. Martin, 8 C. and P. 1 ; Brown v. Nairn, C. and P. 204 ;
lloberts v. Jackson, 2 Stark 225.
fr
SALE AND MORTGAGE OF SHIPS.
179
CHAPTER Y.
PART IV.
SALE AN'O JKIRTOAGE OF SHIPS.
Under 8 Vic, C. r>, S.8. 13, 23, 24, [C. S. C. c 41] the Certificate
of Registry of Ownei-ship must be recited in a tninsfer l)y way of
mortgage or aiH-nrity [with power of sale in case of default], as well
as upon an absolute or immediate sale ; and if omitted, thcj mortgage
will be void. (1)
A builder of a ship is not compelled to have her registered before
he can make a valid sale. (2)
A certificate of ownerehip, under 8 Vict., c. .5, s. 2, is not bnd be-
cause the atlditions or oocupations of the owners are omitteil, the
statute on that point being directory only. (3)
It has been held, under 8 Vic, c .'), sec. 4, that some of tlie
owners living at Bath might properly register the vessel at Kings-
ton. (4)
The Imperial Act, 17 and 18 Vict., c 104, does not repeal alto-
gether tliB 8 Vict., c 5, but applies only to vessels proceeding to sea ;
and our statute renuiins in force as to all vessels navigating exclusive-
ly our inland waters. (.'))
However, 8 Vict., c. 5, is reptMiled }»y 36 Vic, chap. 128, which is
printed at end of this l)of»k.
It does not require' an instrument in writing to pass the title in a
vessel, which does not require t»» be registered under the stotute, such
us fishing boats or boats that are sonmtimes propelled by oars. (6)
The owners of a vessel should be properly registered as such, to
enable them to bring an action concerning her. (7)
A sale of a vessel, calleil the Kaloolah, in Detroit, under a judg-
I it
\
180
SALE AND MORTGAGE OF SHIPS.
i'
iiieiit of coiuiemnation uiid m\v in tlin Atlmiriilty Court tlicri' for ccr-
tuiii cluiiiiH, which, by the L'liitt^cl States hiw, furiued u lien u|Jon her,
was lte]*l uix. The court
held the jjurchasers from this firm, with knowledge of the above bar-
gain, were bound by the same, and granted an injunction rcstmining
them fiHjm navigating the river below Ogilensburg with those
vessels. (9)
An agreement, in writing, to transfer a ship does not require to lie
registered under the Mcri;hant Shipping Act, nor «loes the special
description of the ship, as recpiircd in a bill of sale, retpiire to be in
such an agreement. (10)
AVheiv a contract for work to be done on a ship is entire and in-
divisible, is to be jiaitl for l»y instalments as the work pii»gre»ses, and
the sliip is lost or destroyed after part of the work is done, bdth par-
ties are released from their contract, ami any money paid l>y the .ship
owner, although much in excess of the work and materials put upon
tho ship cannot be rewovered back. Hut articles manufacturtMl f(»r
the ship, but ne ditticult for him to enforce liis
mortgage. (15)
A mortgagor in iM)88e88ion of a vessel is entitled to manage a vessel
as h(^ thinks best. (16)
A piano on boanl of a vessel does not pass to a mortgagee under
the clause, " With her boats, guns, ammunition, snudl arms and
appurtenances." (17)
A mortgagee, until he takes possession or does something amount-
ing to same, is not entitled to an account of the money earned by
the vessel. (18)
A purcha.ser at a sale is not allowed to depreciate the ])ifijM»rty at
the time oJF a sale, by suggesting doubts or slandering its title or
4Ualities. (19)
.V statement that a sale is " without reserve " or a condition that
"the highest bidiler shall be the jturchaser," will void the sale if
there is a reserve price, or putfei-s are employed. (20)
Lord St»»Mell dctinetl "appurtenances" as follows :
Whatever is mi board a ship, excluding cargo, for the objects of
any V(»yage ov adventure on wiiidi she iiiiiy l>e engaged or contem-
plate, will jMobably pass un»lei the words "ship and apiair-
tenances." (21)
The lien of the ship-buildor, as lias been uientioneil, is diily good
while he retains possession of the ship, and he canni»t charge for the
hire of the yariitered int() by the mort.
gagors before the date of the mortgage. The mortgagor may retain
]iossession of the ship, as against the mortgagee, till its arrival at its
destination to fidlil engagements actually incurred before notice of
182
SALE AND MORTGAGE OF SHIPS.
tlie niortj^gee's claim to jKisaession ; but if he does retain poMesrion
Hiitl receivR the freight, he inuHt dclivor up the ship free from any
charge in respect of Avages. If the mortgagor does not pay them, the
mortgagee may recover them as for money paid." (23)
A mortgagee may at any time intercept the freight by giving notice
to the mortgagor, consignee or charterer that he intends to exercise
his right of property and requires the freight to be jwid to him. (24)
Possession alone of a liritish sliip does not give a title. (25)
\ title to a shii> may be actiuired while in process of construction
by contract Avithout actual delivery, and may be also transferred
while the ship is at sea by bill of sale Avithout actual delivery'. (26)
An equitable incumbrance, not registered, is ixjstponed to a subse-
quent registenMl one. (27)
An eijuititble mortgagee, who has given notice to the master and
taken possession of the ship at the end of the voyage, is ahead of the
8ub.sequent Judgment creditor. (28)
\ mortgage does not give the mortgagee the right to claim the
fn'ight from the mortgagor without taking jjossession. (29)
A mortgagee is a trustee at a sale under his mortgage, and cannot
purchase himself. (30)
.\ subsequent mortgagee cannot exercise a poAver of sale unless by
order of the court, except Avith the consent of the prior incum-
brancers. (31)
When! the ship is under cliarter ov a beneficial engagement, the
j»ower of sale cannot lie registered. (32)
Mr. Foanl, in his Avork on Merchant Shipping, gives, amongst
othei-s, the folloAving as principles that must be followed in the bar-
gain and sale of ships :
"1. There must be no misstatement or misrepresentation in any
Avay, by advertisenaent, notice or otherAvise, calculated to mislead an
intemling purchaser, on any material ^Mnnt on Avhich he cannot
thomughly inform himself.
" 2. There must be no intentional or designed concealment of any
SALE AND MORTGAGE OP SHIPS.
'lO.t. f« .^ . .. _
material defect, »„ p,„™„j ,, . ""'^ 183
^he »«,».i„ i,„ t J„ ,„ J: ">;^^^;' «cn..in„, W,ed,e „..„•, .,^,
to a concealed defect, whete 1 e "ami t •" '?*" '^""'^ "' «'»Ho..
"'«^- •" «>n.e i„,t„c,.s, be ccwZj'; '^^ '""'"'«« '- l-i".-!^
"3 Th f "••ii'i.
'vithinhiealVty at ««"'„,'.;■'"''■'■""' "'' ™'""'''«"8 « ^'•^«n
'he head, or any „„„•„„ ,„ ,'^;,°ii " J';->"- A „«,, » „,|^™
P-haeer or the ,„„,, ,e,,«ti"" ^^^ '",«<->'led to i„d„„e the
-^ 7' - -■ «*o„t to ::t trtritt'''" •■' '-^ --
*• Any vendor of a clmHpI i •
>;« advice or j„dg,„e„t,.htty::r'::f?"' ""' ''"^^ «««^ «1«..
he seller, „ora„y ,^.,„j en.pZ,"™".'' '" "•« ^'mr that neitC
;t\™':"r "' '"^ '-' -cent 'L':r '"''•:,'•»«'■•«.. k-io J
0. One who, under an «, i •'^"
*" that p.rtic„,„r purpose' ' "'"'""" '' ^hall be «,a«nlwv';t
-':^e"rbtt,rirrrt''-'°'--^^^^
•Iiunage, nor when th^. f. i "" ^'•'*' »«t suftm-d i. •
' " ""™ " « ""-t-'Wy taken tot :::T' '' ""'
'Wide the contract!
i!
184
SALE AND MORTGAGE OF SHIPS.
on discovery that there hue lt«en ii >)rench or that a fraud has Iteen
pnictiRed, thott^h advi'nw' coiKthiHioiiH would )m' drawn from tnireason-
a)tle inertneHH.
'• 9. Th«' seller is not hound to fonnnimicate factw t(» his own
j»re,judi(!i' that are not niati^rial nor disclose every defect, especially
such defects as a reiusoiuible care and vigilence, with the opiMirtiuiity
of ins|>e(tion, will disctluse to the buyer himself. Jt is not a legal
duty to correct mistakes which jmn'ced from errors of judgment in
relation to the subject-matter, where there is no equitable obligation
to n\mf\k ; or to announce and indicate defects, of which the ])uyer
has actual or constnictive notice or wilfully disregards.
" 10. Fraud, in the contemitlation of law, may be said to include
all acts, omissions and concealments, which involve a breach of legal
and equitiible duty.
"Wherever the law imiilies a relationship of tnist and confidence,
the breach of that relationshi]i, and of the duties it iin]X)ses, is a
fraud. It may exist without a corrupt motive or dishonesty, as a
bargain founded 'i[K)n false representations, made in mistake, Avill
h6 avoided. •
"11. The agent's fraud, to bind the principal, must be within the
sco)H> of his implied authority at the time it is committed, an*l,
appawntly, in furtherance of 'whatever is usual to carry out the
object of his agency.' An agent can nciver have authority, either
actual or o.stensible, to do an act which is, and is known or believed
by the p(!rson with whom he deals to be* a fraud uiKtn the principal.
" 12. .\ statement made without knowledge by a principal or agent
ill selling an article, to secure a benelit to the principal or to deceive
llie buyer, is a warranty of the vendors belief in the truth of the
statement made, and is a fraiid at the peril of the |terson making it.
Knowledge of the falsehood is not necessary, if it has been made
with the above motives i. /•., fraudulently. (.'^3)
NOTES.
Sherwood et al v. Coleiiian, 6 Q. B. H14 ; Corhy v. Cotton et al, 3 L. J. iK) ;
Caylcy v. McDonell, 8 (^ B. ATA ; Wiitkiiw ct al v. Corbet, 6 Q. B. 587.
(2) Chisholm et al v. Potter, 11 C. P. 165.
(.')) Giklersleeve v. Corhy et al, ir> Q. B. 150.
(4) Oildersleeve v. Corhy et al, 15 Q. B. 150.
SALE AND JfORTOAOE OP SHIM
<»>So««,.c.„..H,..^,^ OF SHIPS.
(8) Van Every et*I n ^''•^■^^■
^yvry et al v. Grant IJ r f\ n ^
W4) Shawv. I)e SalaberrvVn • .■
'-'".-w.,,.„..,,:''^:'~.'»Q.a«,.
(J«) Merchants' Bank v r- u
*"•• V. Ahrahanis, 3 Bro. and R 1 1«
, (20) Crowder V. Austin . «• ""• "«•
A„st.n. . «„„. 368 , «reen v. Baverstock ,2 L J r
(21) The Dundee . H ''• ^- ^•
'""lee, 1 Hagg. Ad. 109. 122.
^22) Somes v. British E,„pire Ship Co 8 U
"'p. Co., 8 Ho. of L,l. 338 • 28 L J o
«5) M. s. A., 18,^ „ „ ■ ; ^•
,.m W«o,l. V. R„«i; ;, ' ' f""°° '■ M«ling, 2 T. K, 462.
'^' ^»«..o« V. „„,^„;, „.X' "■"■ ''' '■ " "■■^*'"' '« ^- «■ «... 4i.
(101 ru >l'»lmer, 29 L. j. ^ ,,
^' Waters v. f J room M n . „
'•'")i..M.„o.v.on»>„,2,L, ,^ ■"«-.*■.
185
[(!
'III
186
NECESSARIES.
CHAPTER YI.
Part I. — Xecessaries. Part II.— Lien's on Vessels. Part
III. — Uarratry. Part IV. — Maritime Law of Nations.
PART I.~XKCKSSAKIES.
Altliouj^li the owners are bomul Ity the master's contracts for
tittin",' out and jtrovisioning the ship, the pei-sons furnishing supplies
for such purposes have no maritime lien on the sihip for same. (1)
A master may borrow money on tlie owner's credit for cash paid
out and repairs, wliich are necessary to enable the ship to prosecute
her voyage. (2)
But the master has no such power as above, where he can com-
municate with his owners, or his owner's agents without the delay
being seriously against his owner's interests. (3)
To prove a claim against the owners under above cases the claimant
must show the clear or jjresumed necessity of the repairs or suppRes
that such repaii-s or supplies were reasonably tit and projjer under the
circumstances. (4)
There must be nothing in any of above cases again.st the ordinary
presumption that the master acted undei' his owner's authority. (5)
A nuister may borrow money on tln^ credit of liis owners to pro-
cure supplies necessary ftti" the use of the ship while wind-bound. (6)
A lender is not required to .see t«i api)lici>^iun of the money lent,
but he must prove the necessity of the loan at the time it was made,
as otherwise the master will alone be liable. (7)
A master has no authority to borrow money on the owner's credit
NECESSARIES.
187
to paj' for repairs or supplies already in-ovitled on credit, or to j\iy a
debt for which the owner was alreatly liable. (8)
In tlie United States the master has authority to borrow money
to pay for necessaries to be bought or already jturchased. (9)
Where a steamboat is in the possession of the mortgagees, who
navigated her for their own benefit to seeui*e their advances, and she
was wrongfully taken jjossession of by the captain, who received the
profits ainsing from her for his own use, the owner is not liable for
goods fm-nished for the vessel while in the wrongful possession of
the captain. (10)
In an action for goods supplied for a vessel at the request of the
master of the vessel, it must be proved that the owners employed
the master. (11)
Where a vessel is chartered the owner is not liable for supplies
furnished to the person chartering or at the reijuest of his agents,
unless tliere is an express agreement to that effect between the
owner and charterer. (12)
Where stewards of vessels contract to furnish certain supplies, no
absolute rule can bo laid down as to the liability of the ownei*s for
same. Rach case must depend upon its own facts. Where the
merchants supplying the goods knew of the contmct the owners
would not l)e liable ; but otherwise he would be liable, if the mer-
chant uuderstootl the stewards were acting as the owner's
agents. (13)
A person buying a ship is not liable for necessaries delivered after
the transfer, even if they wei-e ordered by the former owner or
master before the sale.
A creditor has a double remedy by jtroceeding either against the
master who made the contract or the owner for whom it was made.
When* a person at the re(|ue8t of the managing owner of a vcsHej
makes certain repairs to her not knowing at the time that some other
parties owiusd shares in her all the ownei-s are jointly liable for
such repairs (14)
Where one part-owncn* of a ship takes possession of her and expends
ilii
:s
m
ill
ii
4',
-»1
H
^-.-'i
188
NECESSARIES.
in repairs more than her earnings, the other part-owner is not bound
to contribut'O to the payment of the ditference. (15)
I'
NOTES.
(1) Thfc Pacific Rr. and L. 243 ; The Two Ellens, L. U. .3 Adni. 356 ; Kay
M. andS. 481.
(2) Kay M. and S., 483.
(3) Arthur v. Barton, 6 M. and W. 143 ; Ueldon v. Campbell, 6 Ex. 890 ;
Kay M, and 8. 486.
<4) Webster v. Seekamp, 4 B. and Aid. .3.'>2 ; Arthur v. Barton, 6 M. and
W. 143 ; Gary v. White, 1 Bro. P. C. 284 ; Kent's Com. III. 230.
(5) Webster v. Seekamp, 4 B. and Aid. 3r)2 ; Kent's Com. III. 229 ; Kay
M. and 8. 482.
(6) Edwards V. Havill, 14 C. B. 107.
(7) Mackintosh V. Mitcheson, 4 Kx. 175; Thacker v. Moates, 1 M. and
Rob. 79 ; Kent Com. III. 163 ; Kay M. and 8., 484—5.
(8) Beldon v. Campl»ell, 6 Ex. 886 ; Frost v. Oliver, 2 El. and Bl. .301 ;
Kay M. and 8. 485.
(9) Parsons Shipping, II. 16; Robinson v. Lyall, 7 Price, 592.
(10) Fraser v. Flint, 40 8. 12; Wilkes v. Flint, 40 8. 19.
(11) Hawn et ai v. Roche, 27 C. P. 142.
(12) Lyman et al v. Bank U. C, 8 Q. B. 354.
(13) Cloy et al v. Tagues et al, 27 Q. B. 88.
(14) Harrison v. Harris et al, 1 C. P. 235.
(15) Baker v. Casey, 19 Chy. 5.37.
LIENS ON VESSELS.
CHAPTER VI
PAKT II.
189
I ''I
A" civilized naf '''''''^ '''' ''^SSBLS.
--«. for the rent „, .he wharf (i^ "" •'™'' '-'^-^S' cannot be
f vessel seized for breach „f .1.
-P'ev.e.,r„„.theo„Me„tor"lt*:,~. W -'"^ >-n
DHisenee in entering .„d , , ' '"" ""^ ^^ -*■ (3)
-«-"«, b, the Mari,iLt„ :rc' « '"':: '" ■*°''«-™' «
Liens for wa.« „,.»,, , ^. , * """""^ P™"'}-- (<)
-" ^u„n,r, :,re:r::„r r:'-- "f-'-^^' '--««. -^a^,
"'Zl '"■«.<"«*P«ons to this rule """«'' '" W «". "ItWugh
Tie chief reason for the rule l, ,
A master's wajrea „„j ,. ,
-%'cs,a.,d are ,«f„„ X X'"7""'""' """^ "f'- "» -ilo,.'
if:'
: 7'
■■■ 'I*
190
LIENS ON VESSELS.
A ship-carpenter's lien for repairs conies after all the liens on the
vessel at the time he receives charge of the vessel, except mort-
gages. (10)
Liens for damages sustained by collision have priorty over wages,
pilotage, towage, salvage, mortgages, and bottomry bonds. (11)
A noted writer on Merchant Shipping ranks liens in the following
order :
" 1, Wages of the mariners subject to su)>sequent salvage.
" 2. Damage and salvage claims subject to subsequent but not
j»rior wages of which precedence is taken.
" 3. The wages and disbui*sements of the master.
*' 4. The Bottomry bond holder.
" 5. The possessory lien for necessaries supplied by a shipwright,
ac(|uired subsequently to the bond.
" 6. Mortgagee.
" 7. Claim for necessaries enforced by statute and by process in
the Admiralty Court." (12)
Pilotage and towage bills usually come after wages and
bottomry. (13)
In ca.ses of general average, owners of cargo who have a liqui-
dated claim for adjusted contribution against the ship have no lien
on her for same under the law Maritime. (14)
A master ean in caso.s of general average, enforce a lien on the
freight for the contributions of the owners of the cargo. (15)
A lien on a ship covers the freight, and a lien on a cargo for the
uUii of the ship aKso e.\t mis to the freight. )1G)
NOTES.
(1) The H«.l.l lUuT'kiigli, 7 Moo. I'. C. 2«7 ; the City of Mecca, fi P. D. 106 ;
50 L. .»., I'. ,V.\ ; 44 b. T. 7"»0 : 4 Asp. M. C. 41*2 ('. A.
(2) Sanderson et al v. the KiiigHtoii Murine R. W. C'o., 3 Q. B. 108.
(3) Scott V. McHtte, 3 I". R. 10, C. L. Chauib-Rohinson.
(4) The SavKoen, 4 Notes of Cases r»12; on appeid, 6 Moore P. C. 75: the
W. F. Safff)ra, 1 Lush. Ad. 00.
,„,,, ,.,'^^''^''"»'«KTGAGE OF SHIPS
^•^tsey hIv 'Tn T'''J '^ N«t«s of CtsPs -,o
:^2Si:-7^-^' ■"-- ^^
i
I
U\
m
.*'
I v\
192
BARRATRY.
CHAPTER YL
I'AKT III.
UAUKATHY.
Ikrratry is one of tho perils insuretl against in the oidinary form
of policy and is a breach of duty of the master or mariners with a
fraudulent or criminal intent. Exam|»les are, running the ship on
shore without any justifying nticessity, running away with her, and
selling her, weighing under a foul wind, smuggling itc. (1)
An act is not barratrous except when it is to the prejudice of the
owner. (2)
If any one unlawfully and maliciously sets fire to or in. any way
destroys any ship oi vessel, whether complete or unfinished, or sets
fire to, casts away or destroys any vesst^l with intent to injure any
owner or part-owner of the ship or cargo or any insurance company
having a policy on same, he is guilty of felony.
Piracy. Any acts of robbery and depredation committed upon
our (treat Lakes, (although in American water.s,) which if commit-
ted on land would liave amounted to felony, are piracy, (.'5)
No loss occasion(!(l by the n\ere ignorance, incompetence or care-
lessness of the master can be called barratry.
NOTKS.
(1) (Jorham v. Sweeting, 2 Wins. Sauiid, '202 ('. N. i;{; Kaile v. Howcmft,
S Kiiat. \2(> ; Vallejo v. Wliei^ler, I t^owp. M.'i ; 2 Anioulil Ins. 705 ; Soares
V. Tlioiiiton, 7 Taunt. 027 ; i^'imlknor v. Kitrliie, 2 M. ami Sel. 2!K) ; Dixon v.
Ueid, 5 ]{. and AM. r)07 ; Jones v. Niclie'Hon, 10 Kxdi. 28; Heynian v. I'aiiHli,
2 (.'amp. ]40; Havelock v. Hansill, ;} T. I{. 227.
(2) Hobbsv. Hannani, .S Camp. 0."? ; I'ipon v. Cole, 1 Cauip. 484; Stamina
V. Brown, 2 Str. 1173 ; Xutt v. Bounlieu, 1 T. K. .'«;<.
^rARliiHE LAW
OF NATIONS.
19.3
PART TV.
VI
i
% the Treaty of p"- """ '^'' "^ ''^•^^''«vs.
Jaw during times
" 1- Privatoeriiir, js anfl ..«, •
"2- Tho neutral fl "^'"" '^'*"'^«''«'I-
•^- Neutral goods witJ. *»,
*• iJlockades, in order t I i
'0 the ,™.,t „, ji,,. ^,,^_^^^ „ "".cc „t really to ,>,„e„t ac«» to
I lie ahovo is pot I ' )•
aoc<.A.cl o,- ,l,a„ „«„,: Jf,;"™"' '«'--" tl,o.,„ p„„,, ^^^ ,,^^^
'r'"'n.iito,l,St„t™aco,.,l,.,|e„„,ui, I
-PPortannn, to tl,. »,.„,„„ :;,t',.l';:,:^; '"'^^ '"" '"^ «« "-,
Theahoveare now tlio l«„i-
of war, but tl,„y ,„ay, , '^' ""'■'»„r,„ ,|„,.i,,,, t|,o „.,(,(,„ J
- ■' i» ..o. „„.„„,.„ „^ •,-;J "- la. of „ati„,„ „„^ ,„,.'.„:-',;^«
""^ ""> Manti,„o Lawof N„,-
™-ive,l, tWo i, a,. o,t„,,li,,M ' °":i "Tr"' '"'" """.™.o,.iall„
«•!>'"", I. „,,,„„^ ia„.f,„ ;;,;'„"'°"'°" -f "•■''.™"«tio„ „,„,,z
""' parties may be
1/^-
Ml
Uf
1(1
194
MARITTME LAW OF NATIONS.
heard, and condemnation thereu{K>n(as prize in a Court of Admiralty
judging by the Law of Nations and Treaties.
"The proper and regular court for these condemnations is the court
of that State to whom the captor belongs.
"The evidence to ac(|uit or condemn with 'or without costs or dam-
ages, must in the first instance, come merely from the ship* taken,
viz., the papers on board and the examination on oath of the master
and the other principal officers, for which purpose there are officers
of admiralty in all the considerable sea ports of every maratime
power at war, to examine the captains and other principle officers
of every ship brought in as prize upon general and impartial inter-
rogatories. If they do not appear from thence, ground to condemn
as enemy's property, or contraband goods going to the^enemy, there
must be an acquital, unless from the evidence aforesaid the property
shall apiiear so doubtful that it is reasonable i»o go into further proof
thereof.
" The Law of Nations requires good faith. Therefore every ship
must be provided with complete and genuine papers ; and the
master at least, should be ]>rivy to the truth of the transaction."
APPENDIX.
195
APPENDIX.
NAVIGATION HULES.
'^^ VICTORIA.
OHAP. 29.
^" ^"' '° -"^^ "^"^ Prov,-»,-„„ ,.„,,,,,„„ ^, ,
n ve«l, „av,Vat,„, Canadianwa^ ■;*,"'""'""" '*"""'"
"I- those «,.,„ ,,, ,„™ ;_. ;«™tt,.,. „„„„,_ „^„^,, A »
'lie PoHianient of tl„. u„i, . ■ '""'''"■ «'™" ^y tlie A,-, f
;^"«-^ '«». a, Jurist* ""': ""» '-"--'^ «ar.^
^' ot those embodied i,,
196
APPENDIX.
this Act (except only as to rafts and tin- Harbor of Sorcl), ami has
directetl that thoy sliall conif into forcf oa tlie lii-st day of .Septeui-
Ix-r, ISSO ; and whtsrcas thn <^ov((rnuicnts of the several foreij(ii
countries mentioned in the Schedule to this Act have already
under the jtrovisions made in the said Act, afn'*****' that
the said regulations shall apply to the ships of such
countries, respectively, when heyond the limits of ]>ritish jurisdit-
tion, and it is higldy expedient and desirahh^ that they shoahl lie
extended to and prevail throughout all the waters of the J>oniinion
of Canada: Therefore }fer Majesty, hy and with the advice and
consent of the Senate and House of Commons of Canada, enacts an
follows : — -
1. This Act shall come into force on the first day of Septendx'r
next after its passing, and on and after the said day the Act of the
Parliament of Canada passtxl in the thirty-first year of Her Maj-
esty's reign, and intituled "il/i Act reHpectimj the nuviiiutiou of Cnn-
inHmi vatfs," and the enactments oxtending it to the Provinces of
Manitoba, l?ritish Columbia and Prince Edward Island, respectively,
shall be repealed, except only as regards oftences committe•*"' »-.-
'") On „,. ,„ ,,.„„t „, „,„ J-
'•«"«l» t«„tv feet tl,e„' r! , ," '■'■^'"'"' °f ""• »!">
^^•o 'nilcs. ' ""'» *'' a fl'stanco of at Jeast
(*) Oil tlu, .starLoaril si,I(. .^
«^ t^^n point, of the .on.na, ""' '""'■ "'" *''« '">'-'"-ou
•^^-'-'•^' -Sid." : an. o :; Z^' f'^'^ *'"' '^ean. on tho
r ^'-■'< "i^Jit. with a cie^ ' ^ r'^'' ^" ^° '•" ^•^-'>1« on
'^'-«t ,,vo .nii,,s. ■^^•"o.splK.n, at a distance of at
('••) O- tho po,-t side, a .vd ,,•.,„
"-^-" an<, unI...ok,.n l^^^Z r"""'^' " ^'^ ^^^^ -'
^••" Pomts of „,. c-on.nass r • "',' "'■^' "*" *'"' ^-^^on of
^':'; ^ --' "^ -d. a d. Jact. ^ T : '""' *" ^''« ^--t
"■.^^'\;ithac,ea.. atn.o,s,dK • ^ : :";'«"''•— 'a.-k
two niilfs. ' "' -'^ '^ 'Ii.sfanc.. of at J.ast
(''•) TIk; said i,'rt'fn -iii I i •
"- '■«'•'. »> a.' ,o ,, t; r "■': '■'«■' '-«-l fro,,,"
»oios« tl,o !,„„, "'""■ ''='"» t'o„, boi„j, „„.„
I'
;>i
196
APPENDIX.
as to (lintinguish her from otiior steam ships. Each of these lights
shall lie of the same eoiistruL-tion and character, and shall be carried
in the same position as the white light which other steam ships are
required to carry.
Art. T). A ship, whether a steam ship or a sailing ship, when
employed either in laying or in picking up a telegraph cable, or
which from any accident is not under command, shall at night carry,
in the same position as the white light which steam ships are re-
quii'ed to carry, and, if a steam shi|>, in place of that light, three
red lights in globular lanterns, each not less than ten inches in
diameter, in a vertical line one over th<; other, not less than three
feet apart : and shall V)y day carry in a vertical line one over the
other, not less than tlireit feet apart, in front of but not low«r than
her foremast head, three black balls or shapes, each two feet in
diameter.
(a.) These shap(;s and lights are to be taken by approaching ships
as signals that the ship using them is not under commatui, and
cannot therefon? get out of the way.
(/>.) The above sliii)S, when not making any way through the
water, shall not carry the side lights, but when making way shall
carry them.
Art. r>. A sailing ship under way, or being towed, shall carry
the sanx! lights as are provided by Article 3 for a stcsam ship undoi"
way, with the exception of the white light, which she shall never
carry.
Ai't. 7. Whemner, as in the case of small vessels during Ijad
weather, the green and red side lights cannot be fixed, these lights
shall be kept on deck, on their respective sides of the vessel, ready
for use ; and shall on the approach of or to other vessels, be ex-
hibited on their respective sides in sufficient time to prevent col-
lision, in such manner as to make them most visible, and so that the
green light shall not be seen on the port side nor the red light on
the starboard side.
To make the use of these portable lights more oertain and easy^
the lanterns containing them shall each be painted outside \v^ith the
(I
NAVIfiATION RtTLiis.
color of the \i„, .f
'"';"■'■" "' ■"•' I- el.a„ ,.i,,|,e ,■„,,.,," ';"'■ "'•"" "'■"•"I".-
'■on™, a. a l'«
Art, 9. A pilot vpsspI u,i..
(») A pilot vosspl w ».«...
«y «i'«ii ..... i„,'„Cit ; " '■°'"" "'"-" """«.■
ai.|.maol,„f„,.j„ „,,;. ,,™,''" "''7»"l"; a...l o,. .,,„
• S-o,, ,i,.,,t „„„ „„^ ™^ ° I ■■v«nt c.„i,i„„, ^ „,^^ ^,^^
'isht o.. tl,e «.,.|,«„| ,il "" ""' '">" -■'<'. nor ,|,e ,«,
(^•) A fisJlin., VCS.Soi nn,I
-'.iwta,,;:!;.:;:,:;;^''^"'"'-"'-*^^^^
car,.;. o„ one „f h„ „, J^ f ' ■^ net „„,i„,, „,„„
,,,, ;'7™- ''■" "''■«-•-"-'- t.:;;::t::::r '-' '-
("•; A trawler at M-ork sl,.,ll
»l'..n nl»o either carry „,, ,,,,'" ,"" '""•"'■ K'«", "n.l
--'».-.-tt,..,K.^i,,t.:;;;:,t^::;i:;r^^^
'^'"lieil, Jiave ready
f
:l.
1
^;
m
3,
•«
200 APi^ENDIX.
» at hand the colored Hj^hts as provided in Article 7, or a
lantern with a red and a green glass as described in para-
graph {(I.) of this Article.
(e.) Fishing vessels and open boats shall not be prevented from
using a flare-up light in addition, if they desire to do so.
(f.) The lights mentioned in this Article are substituted for those
mentioned in the 12tli, 13th and 14th Articles of the
Convention between France and England scheduled to the
British Sea Fisheries Act, 1808.
(g.) All lights re«iuired by this Article, except side lights, shall
be in globular lanterns so constructed as to show al\
round the horizon.
Art. 11. A ship whicli is being overtaken by another sliall show
from her stern to such last-mentioned ship a white light or a flaic"
up light.
i^'ound Signals for t'og, ikc.
Art. 12. A .steam ship shall be provided with a .steam whistle
or other eflicient steam sound signal, so placed that the sound may
not be intercepted by any obstruction, and with an eHicient fog
horn to be sounded by a bellows or other mechanical means, and
also with an efficient bell. A sailing ship shall be provided with a
similar fog horn and bell.
In fog, mist, or falling snow, whether by on their respective courses, pass dear of each otht^r :
(6) The only ca8(;s to which it tloes apply are, when each of the
two ships is end on, or nearly end on, to the other : in other
words, to cases in which, by day, each ship sees the masts of
the other in a line, or nearly in a line, with her own ; and by
night, to cases in which each ship is in sm-h a position as to see
both the side liyhts of the other ;
lit
11
202
APPENDIX.
(c) It does not apply liy day, to cases in which a ship sees another
ahead crossinji; Iier (twn course ; or hy niglit, to cases where
the red light of one shij) is opposed to the red light of the
other, or where the green light of one ship is opposed to the
green light of tin; other, or where a red light without a green
light, or a green light without a red light, is seen ahead, or
where hotli green and red lights are seen anywhere but ahead.
Art. IG. If two ships under steam arrnment of any nation with
respect to additional station and .signal lights for two or more ships
of war or for ships sailing under convoy.
ItAh'TS AM» IIAKIinK OK SOIIKL.
Art. 27. Rafts, while drifting or at anchor oti any of the waters
of Canada, sliall liavc a bright fire kept burning on tlunn from sun-
set to sunrise. Whenever any raft is going in tlie .same direction as
another which is ahead, tin; one shall not lie so navigated as to come
within twenty yards of tht! other, and every vessel meeting or over-
taking a raft shall keep out of the way tlua-eof.
(a) llafts shall be so navigated and anchored as not to cause any
1,
1 ^
k
iiiii
l^ia
pV-f|
204 APPENDIX.
uiuiecesHavy iuii>ediment or obstruction to vessels navi-
gating the same waters.
Art. 28. I'nlfHs it is otlievwise ordaint'tl ]iy tlio Iffubor C'omiiiis-
sioiiers of Montreal, sliips and vessc^ls entering ov leavinj^ tlie llarltor
of S<»rel ftliall talve the port si(h', anythinj^ in the preceding artieh^s
to the (Mtntrary notwithstandinj^-.
Art. 29. The rules of navij>ation eontained in articles 27 and 28,
shall h(! su1>j<^ct to the provisions contaijied in articles 2.3 and 24.
INTKKI'HETATION, I'KNAF.TIES, iV'C.
3. In this Act the word " vessel " includes evt-ry description of
vessid used in navigation ; the word "shi]»" includes every descrip-
tion of vessel not propelleil by oars ; the expression "steamship'' (»r
" steund)oat "' includes every vessel propelled wholly or in part by
steam or by any machinery or jiower other than sails or oars; and
the expression "ordinary practice of seamen," as apjtlied to any
case, means and includes the ordinary ])ractiee of skilful and careful
persons engaged in navigating the waters of the Dominion of Canada
in like cases; and the word "owner" includes the lessee or charterer
of any vessid having the ctmtrol of the navigation thereof.
4. Xo rule or by-law of the Harbor Commissioners of Montreal or
the Trinity House of (^Miebec, or (^hiebec Harbor Commissioners, or
other local nde or by-law inconsistent witli this Act, sliall be of any
force or etfe(!t ; b\it so far as it is not inconsistent with tliis .Act, any
su(;h nde or by-law made by the said Harbor Commissioners of ^lon-
trcal or Trinity Jl• v.-i ,„. „„. «J* :;;«°" »'■'■'■ -f^..r of t,,„u.i
■^' "'""- «ti»f„,.ii,.„ „ «:,'"";"■;"■■'■'- 1 M,,,,. It ,,„
8- ''iovi criMlit of and shall form ))art of "the
Steamboat Inspection Finn! " : ('Xc('])t always, that all penalties in-
i-niTed for any ott'ence ai^ainst this Act shall, if such offence be com-
mitted within the jurisdiction of tlu^ (j)uel»ec Harbor ( "ommissionora,
or of the Harl»or Comnussioncrs r)f .Montreal, lie sued for, recovered,
enforced and apitliecl in like manner as |ienalties imj)osed for the con-
travention of the by-laws of the Harbor ( 'ommissioiuMs within whose
jurisdiction the ollence is committed.
10. Every Inspector of Steamboats shall, whenever he visits and
inspects any steamboat, examine whether such steamboat is properly
furnished with lij^hts and with means of makinj^ i(»j;-sij^iials in pur-
suance of the rules prescribed by this Act, and uliall for that pur-
[»ose have all the powers vested in him l)y the Act passed in th(»
thirty-Hrst yctar of Her .Majesty's Kei^n, and intituled " An Act
reifpeclinff the inspect on nf sleainho its. and far the t/reUnr ai/el// of
passengerx bif them," ii\\y\ the Acts amendiny it, foi' olttaininy infor-
mation as to the observance of the ret|uirenu'nts of the sfiid .\cts, and
shall refuse to grant any certilicate with resiiect to iiny steamboat
wliich he tinds to be not sn provided, and shall report such i> regards such rules and provisions,
be treated as if they were IJritish or Canadian ships.
ni'TV Ol' MASTlOliS ; I.IAIill.lTY ol' OWNKUS AS To ((H.I.ISruNS.
12. Ill every <;ase of collision between two slii|.(s, it shall be the
luty of the person in charge of each ship, if and so far as he can do so
without danger to his own ship and crew, to render to the other .ship,
her master, crew or jtassengers (if any), such assistance as may be
practicable, and as may be neces.sary in order to save thenj from any
W
NAVIGATION KULEH.
■""I "I l..r ,.„.,, „f i^ " ■• -1.11. the „„,„e „, ,„•, "^
*'>i fict, ii(..rj,.f,f „,. ,, f , "'" *•• 'lave hccu rin«,. i i , . ^
' "'^^"^ "' default : " (^•m^.t'd hy Jii.s ^vrourr.
'-' *-^::::;:r"""' ^'-'-.-i.^::;;:r!;:;
13 TJ .
'>e .msu'cra),],. ,„ ,,,„
'•mount ,.v, ,:,. ;. . '" •"•I'fr«„„„i ; •„ "^ ^^''''tl,.r tj^..^,
' ' «'■ '" '"• "■■■ -«i»to.: ;:::;
iii.'l
208
APPENDIX.
in tlie case of sailing ships ; and in the case of steamships the gross
tonnage without deduction on account of engine room ;
(a) In the case of any IJritisli or Canadian ship, such tonnage shall
he the registered or gross tonnage, according to the IJiitish or Can-
adian law, and in the case of a foreign ship which has been or can he
measured according to Itritish or Canadian law, the tonnage as ascer-
tained l)y such measurement shall, for the purposes of this section, be
deemed to l)e the tonnage of sucli ship ;
(6) In the case of any foreign ship which has not been an the rif^lit, or
on the |K)rt side of the other ; and the pilot of either steamer may 't
first in determining to jnirsue this tiourse, and thereu]xtn shall kjt«,
as a sij^nal of his intention one short and distinct Mast of his aifjtm
whistle, which the pilot of the other steamer shall answer promptly ^»y
a similar blast of his steam whistle, an«l therem^n such st«-nuiew
shall pass to the right, or on the port side of each other. I'ut if tL«
Kourse of such steamers is so far on the starboanl of each other as uol
to be considered by the. pilots as meeting " head and liead " or nearly
.stt ; or, if the vessels are ajtproaching each other in such a manner tliat
passing to the right (as above directed) is deemed unsafe by the pilot
of either vessel, the pihtt so first deciding shall immediately give tw«
short and distinct blasts of his steam whistle, which tin; j>il<«t of the
other steamer shall answer promptly by two similar blasts of his hU'Mu
whistle, and they shall pass to the left, or cm the starbciard side i»f
each other.
Note.— In the night, steamers will be considered meeting "head
and head," so l(»ng as ])oth the colored lights of each are in view of
the other. In the day, a similar position will also 1)e consiroa(:h(Nl within half a mile of each other Ixtth
shall he immediately slowed to a siwed harely sidhciient for steersige.-
way, until the proper signals are given, answered and underst<»od, or
until the vessels shall have passeil each other.
Rl'I.K lY.—
When steamers are running in a fog or thick weather, it shall he
the duty of the pilot to cause a long blast of the steam whistle to Ix*.
sounded, at intervals not exce(!ding one minute, and no steamer shall
in any ease be justiticid in (;oming in cth<'r passing to the starboard or port.
N. I). The foregoing rules are to be (tomplied with in all cases,
except when steamers are navigating in a (crowded chunntd, or in the
vicinity oi wharves ; inider such circumstances, steanu'rs nnist be ruu
mm
212
APPENDIX.
ami managed with groat (taution, sounding tlia whistlo, as may bo
necessary, to guai-d against collision or other accidents.
RULE VII.—
All steamers rigged for carrying sail, when under way, must carry
a bright white light at the foremast head, and all other steamers must
cany a Itright Avliite light on the stem or near tlie bow, and another
on a mast near the stern or on the flag-staff at the stern, the last
named being at an elevation of at least twenty feet above all other
lights upon the steamer. All steamers must carry a green light upon
the starboard side and a red light mton the |)ort side.
Note. — Steamers although rigged for carrying sail, instead <»f this
foremast head light, may adopt the forward and stern lights )>rovided
for steamers not rigged for carrying sail, jirovided said lights are so
arranged and plactul on the vessel as to secun; the contemplated
bi
When at ancho*" a bright white light shall be exhibited at least
twenty feet alwvc; the surface* of the water, the lantern so constructed
and placed as to show a good light all around the h(»rizou.
RULK VIIL—
When two steamers are approaching the Xarrows, known as " Hell-
gate," on the Kast River, at New York, side by side, or nearly so,
running in the same direction, the steamer ort side of the
other shall check her way and drop astern. In lik(! case, when two
steamers are approaching from the east, and are abreast of Negro
Point, the steamer on the right or starboard hand of the other shall
havt^ the right of way, and shall pro(!eed on her coinse without inter-
feivnce, and the steamer on the port side of the; other shall keep at a
safe distance ast(U'n (not less than three lengths) until both steamers
liave passed through the drtticult channel.
RULE IX.—
Steam vessels when towing other vessels shall carry two bright
white masthead lights vertically in addition to their side lights, so as
to distinguish them fronr other steam vesswls l-lach of these mast-
NAVIGATION RULES.
213
h(!ii(l lif^lits shall be of the same constructioii and character iw the
inasth(>a(l lights which (»ther steam vessels are retiuiroil to carry ; and,
ill addition to the lights herein referred to, when engaged in towing
canal boats and V)arges, or l)oth, as is customary on the Huds(m and
other rivers, white lights shall also he carried on the extreme outside
of the tow on either hand, and also on the extreme after part of the
same.
Krid-: x.- -
When steamers are running in a fog or thick weather, and the
])ilots elect to lay hy, or, as it is usual to say, drift, or if at anchor
with steam uj», in the fair way of other st(*amers, it shall he the duty
of the ]»ilot to (tause three distinct blasts ni the steam whistle to bo
sounded at iiitervals not exceeiling three minutes. Provided^ how-
ever, That nothing herein shall l)e construed to in aiiv way couilict
with Kule IV., regtdating fog signals when under way.
Note. -The object of this rule is to give timely ntttice to approach-
ing steamei's that the steann-r giving such signal is lying still or at
anchor, as the case may be, in thit^k weather.
1. The mastheiitl light of steamers rigged for carrying sail to bo
visible at a distance of at least live miles on a clear, dark night, and
the lantern to be so constructed as to show a uniform and unbroken
light over an arc of the horizt»n of twenty points of the compass, viz.:
from right ahead to two points abaft the beam on either side of the
ship.
2. The stem and stern-lights of steauu>rs not rigg«Ml for carrying
sale to l)e visible at a distance of at least live miles on a clear, dark
night, and the respective lanterns to be so constructed that the stem-
lights shall show a uniform and unbroken light over an arc of the
horizon of twenty ptiints of the compass, viz.: from right ahead ^o two
jtoints abaft the beam on either side of the ship, and that the stern,
light shall show a iniiform light all around tin* horizon.
3. The coloreii side-lights to be visilde at a distance of at least two
miles on a clear, dark night, and the lanterns t) be so constructed as
to show a uniform and uidtroken light over an arc of the horizon (»f
ten points of the compass, viz.: from right ahead to two points abaft
the beam on their respective sides.
ilia
\tsm
. i it
214
APPENDIX.
4. The side-li^'hts are to be fitted with inhoard screens of at least
three feet in len^^'th (clear of the lantern), to prevent them from heing
Keen across the how, V;he screens to he placed in a fore-and aft line with
the inner edge of the side; lights and in contact therewith.
Xote 1st. —The object of carrying the bright, white light at the
foremast head of st(;amers rigged for carrying sale is merely to inti-
mate to other vessels the approach or presence of such steamers.
Xote 2nd. — The object of the colored lights res n<»t
ex(!eeding one hundred tons burden, and may be iiuthoriz(*e made in the stowa,n-e of the carLjo so as to
facilitate the unlawful unladiiii,' of any part thereof, or if any part
thereof lie frauduhiutly staved, tiestroyed or thrown ov(!rl»oard, or any
l»ackay;e bo openeer
anrs (if any), tlie lunuhei' of the crew,. and
whether she is hulen or in hallast, and if laden, the niai'ks and nuin-
liers of every ])acka^e and ])ai(!el of t^oodson hoard, anil where the same
was laden, and the partimdars of any ^oods stowed loose, and where
and to whom consijfned, and where any and what ;,foods (if any) have
l)een laden or unladen, or hidk has been Iiroken, durim^' the voyage,
what part of the vnv^u ami the numher anrt in Canada,
from any port out of Canada, the Collector or proper oliicer of such
Canadian port may cause su<'li vessel to he hoarded hy an olHcer of
Customs detailed liy him for such service, iit any ]ilace witliin tlir'-e
marine miles of the anchorage ground, and such oliicer may demand
from the master or purser of such ve.ssel a correct copy nf the report
inwards intended hy him to l)e present ei I at the ('usiom House on
arrival. Such hoai'diiin oliicer may remain on hoard the vessel initil
she anchois, and the copy of the report so received hy hilu shall he
deposited hy him at tlm ( 'usioni House as the vessel's report inwanls,
for comparison with that \o he presenteil hy the m:ister in person.
27- The master or person in charge of any vessel, whether laden or
in hallast, arriviii,n hy inland uavi^'atioii in any port or place of entry
in Canada, from any place heyond the limits of Canada, and haviiiji^
any j^oods therein (whether any duty he payahle on such ^ooils or
not) shall <;(i without tielay, when such vessel is anchored nr mooreil,
directly to the ('ustom llous(i for such port oi' jilace of entry, and
I'l
220
APPENDIX.
make a report in writing (in such form as may bo appointod for that
purpose by conijietent authority) to tlhH Collector or other proper
oHicer, of the arrival of such vessel, statiiitr in such report the marks
and nundi(>rs of ev«'ry package and parcel of goods in such vessel, or
in the charge and custody of such person, from what place the same
are respectively brought, and to what place and to whom consigned
or beloiii- • ;, as far as such particulars ui'e known to him ; and lie
shitK then 'uid there jiroduee such goods to theOollector orotherproper
oIKcer, and shall declare that no goods hav(! been unladen from such
vessel or have been put out of his possession, betwectn the time of
his coming within the limits of Canada and of his making his report
and allidavit, and shall further answei- all such (juestions concerning
such vessel or i/dods as are demanded of him by such Collector or
otlicer.
28. Th«! niatiu i ..< all oo the time of making his report, if retpiired
by the oHicer of Custv.nis, ))'-oduce to hiiu the bills of lading of the
cari-o, or tr"e copies tii 're f, and shall make and subscrilte an affi-
davit vefeirii^ to hi.^ rep .i ;"-;'ii (''daring that all tlu' statements
made in the repoit are (iu- li'd shall further answer all such
questions concerning the vessel and cargo, and the crew, and the
voyage, as shall be demanded of him by such officer, and shall, if
required, make the substance of any such answer ])art of his report.
29- If any goods are unladen from any vessel b(}fore such report
be made, or if the master fails to make such rejun-t, or makes an
untrue report, or does not truly answer the ([uestions demanded of
him, as prov ded in the next preceding section, he shall forfeit the
sum of four hundred dollars, and the vessel may b(; detained until
the said tine be paid.
30. Any goods not reported, found on board of any vessel or
landed, shall be s<'ized and forfeitetl, unless it ap])ears that there was
no fraudulent intention,— in which case the master shall be .allowed
to amend his rt^iort ; but the necessary di.scharging of any goods for
the purpose of lightening tlus vessel in order to pa.ss any shoal, or
otherwise for the safety of such vessel, shall not be deemed an un-
lawful laniling or breaking of bulk.
31. If the contents of a ly package intended for impoi'tation into
another port, or for exportation, be unknown to the master, the
olHcer may open and examine it, antl causi' it for that purpose to be
landed if he .sees fit ; and if any prohibited gortds be found therein,
all the goods in such package shall be seized and forfeited.
32. In ord(T to avoid injurious delay to steamers and other ves-
.sels under certain circuiu'^'^ince.s, the (Iffvernor in (-ouncil may make
such n^gulations as may be considered advisable, for tlu* appointment
of sutlerance wharves and warehouses, at which, goods arriving by
vessels in transit to other ports oi- conflneil to certain days of d(^
t
COASTING AND SMUGGLINfJ REGULATIONS. 221
i
partiiie, may ))(' landed and at'turward stored before entry — such
vessels lieing gulation, declare any
trade or voyage on the .seas, livers, lukes or waters, within or
adjacent to (^anada, whether lo or from any place within or without
coastiui' trade or a coasting voyage within the
HI a
('anada, to I
meaning of this A(;t, whetln'r such seas, rivers, lakes or waters are or
are not, gcogra{)hicalIy or for the purposes of other Acts or laws, in-
laiul waters ; and all carrying by water which is not a i-arrying by
sea or coastwise, shall be deemed to be a carrying by inland navi-
gation ; and the (Jovi^rnoi' in Council may, from time to tinu;.
wi
th
re'^arc
1 t(
any such coasting t lade, dispense with sucli o
if tl
le
re(|uiremen(s of this Act as lu' deems it inexpedient to enforce in
any ease or class of cases, oi' make such further regulations as ho
nuiy think expedient ; and any goods c.irricd coiistw ise, or laden,
water-borne or uidaden, contrary to such regulations or to any pro-
vision of this Act, not dispen.sed with by such regulatioim, shall be
Hei/.ed and forfeited.
38. It .shall not l)e lawful, uidess otherwise authorized by the
f-^i
i
n
222
APPENDIX.
Governor in Council, to import any goods, wares or merchandise
from any port or place out of Canada in any vcssfl which has not
been duly registered and has not a ccrtilicute of such registry on
board.
39- If any goods are unladen from any vessel or vehicle, or ])ut
out of the custody of the master or jierson in charge of the same,
liefoi-e leport is made as reijuiied by this Act, or if such person or
master fails to make such report, or to produce such goods, or makes
an untrue report, or does not truly answer the (juestioiis demanded
of him, he shall for each such otiencji forfeit the sum of four hun-
dred dollars : and if any such goods are not so reported and pro-
duced, or if the marks and numbers oi- other description of any pack-
age do not aiLjree with the rej)ort made, such goods or package shall
he sei/.(fd and f(n't'eited, and the \essel or vehicle and the animals
drawing the same shall be detained until such aniount be i)aid.
40- l'>ve)-y importt;r of any goods l)y sea or from any place out of
(Canada shall, within three; days after the arrival of tluj importing
vessel, mak(^ due entry inwards of such goods, and land the same ;
and every importer of any goods imported by inland navigation in a
decked vessel of oms hundred tons Iturthen or more, shall, within
twenty-four hours of the arrival of the importing vessel, make due
entry inwards of such goods, and land the sanie : and every im-
porter of any goods imported by iidand navigation in any undecked
vessel, or in any vessel less than one hundreil tons burthen, or by
land, shall, forwith, after the importation of such goods, produce the
same to the pro[»er (tllicer and make due entry thei-eof.
58 W'litii any vessel is oitered at the Custom House; at any port
in Cai.ada, on board of which there are any goods on which any
duty has liecn levied or i-olleeted or on which any duty has been de-
)i<>sited, and Ihereuftf'r the said goods are lost oi- destj'oyed before
the same are landed from such vessel, or from any vessel or eiaft
employed to lighten such vessel, then, on pioof being made on tht;
oath of one or more credible witness or witnesses, before and to the
V*atisfactioii of the Collector oi- proper oflicer of the Customs at th(i
]»!ace (who shall administer the oath), that such goods, or any part
thereof (speirifying the same) have been so lost or destroyed before
the landing of the same, the; duties on the wh()le or the pait thereof
so proved to be lost oi' di'stroyed, shall, if the same have been paid
or deposited, Ik; ivturned to the ownei' or his agent.
59. If any vessel having received damage puts into a port in Can-
ada to which she is not bound, having dutiable goods on boai'd,
which it may be necessary to land for the purpose of repairing the
vessel in order to enable her to ))rocee(l ou her voyage, the (Jollector,
upon application of the master or agent, may permit such gootis to
COASTING AND SMUGGLING REGULATIONS. 223
be unladen and deposited in a warehouse in the custody of the Col-
lector ; and the Collector shall cause to be taken an exact account
of the packages and contents ; and entry of the goods shall then
be made by the master or agent as hereinbefore (iiri!cted, and they
shall remain in the custody of the Collector until the vessel is ready
for sea, when, upon payment of storage and the reasonable charges
of unlading and storing, the Collector shall deliver up the same to
the master or agent to be exported or carried coastwise as the case
may be, under the same security and regulations as if such goods had
been imported in the usual manner, and without payment of duty.
No person shall be entitled to the benefit of this section who shall
ha*^e sold any of such goods, except such as it may have been neces-
sary to sell to defray the expense of repairs and charges of the ves-
sel, or as may have been authorized by the Collector of Customs ;
and if goods are sold for payment of repairs and charges they shall
be subject to duty, and shall be warehoused, or the duties thereon
paid by the purchaser.
60- f Joods derelict, flotsam, jetsam or wreck, or landed or saved
from any vessel wrecked, strandetl, or lost, brought or coming into
Canada, shall be subject to the same duties and regulations as goods
of the like kind imported are subject to.
61. If any person has in his possession, in port or on land, any
goods, derelict, flotsam, jetsam or wreck, the same being dutiable,
and does not give notice thereof to the nearest oflScer of Customs
without unnecessary delay, or does not, on demand, pay the duties
thereon or deliver the same to the proper oHicer, he shall forfeit two
hundred dollars, in addition to all other liabilities and penalties in-
curred by him, and the goods shall be seized and forfeited ; and if
any person remov(!S or alters in »|uantity or quality, any such goods,
or unnecessarily opens or alters any package thereof, or abets any
such act, before the goods are deposited in a warehouse under the
custody of the Customs oiHcttr, he shall, in addition to all other
liabilities and penalties incurred by him, forfeit two hundred dollars.
140. Warehoused goods may be delivered as ships' stores for any
vessel of the burden of fifty tons or upwards, bound on a voyage to
a port out of Canada, the probabU; tluration of which voyage out
and home will not be less than thirty days,-- also for any vessel
bound for and engaged in the deep sea fishing, proof being first
made by affidavit of the master or owner, to the satisfaction of the
proper oflicfu", that the stores are necessary and intended for the
purposes aforesaid : Provided, that the Minister of Customs may
define and limit the kintl, (|uantity and class of goods which may be
so delivered as ships' stores. Should such stores or any part thereof
be relanded, sold or dispi sed of in Canada without due entry and
payment of duty, such stores shall be seized and forfeited and the
fts
m
224
APPENDIX.-
vessel for which the same were delivered from warehouse shall be
seized and forfeited.
141- The master of every vessel liound outwards from any |>ort
in Canada to any port or place out of Canada, or on any voyage to
any place within or without the limits of Canada, coastwise or l>y
inland navigation, shall deliver to the Collector or other [»roj»er
officer an entry outwards under his hand, of the destination of snch
vessel, stating lun- name, country and tonnage, the jiort of regisrtry,
the name of the master, tlie country of the owners, and the nomlter
of the crew ; and before any goods or ballast are taken on l>oard
such vessel the master shall show that all goods imported in her,
except such as were reported for exportation in the same vessel,
have been duly entered, excejtt that the proper officer may issue a
stiffening order that sucli goods or ballast as may be specitier
vessel in tow, or )>erforiiis any work without having mentionrfl in
the report outwards the intention so to do, the master shall forfeit
the sum of four hundred dollars ; and the vessel shall Ije detainetl
in any port in Canada until the said penalty be paid.
COASTING AND SMUGGLING REGULATIONS. 225
144. The Governor in Council may, l>y regulation, tlispenso with
any of tho i-equireniputs of the two last }>rpcc(lin<^ sections which he
deems it inexpedient to enforce, with rei^anl to vessels engaged in
the coasting trade or inland navigation.
145. Before a clearance is granted to any vessel bound to a port
or jtlace out of Canatla, the owners, shippers or consignors of the
cargo on board such vessel shall deliver to tin? Collector or j)roper
officer of Customs, entries of such parts of the cargo as are sliipped
by them respectively, and shall verify the same l>y oath ; and such
entries shall specify the kinds and quantiti(;s of the articles shipped
by them respectively, and the value of the total quantity of each
kind of articles, and whether the said goods are of Canadian or of
foreign production or manufacture ; and such oath shall state that
such entry contains a full, just and true account of all articles laden
on board of such vessel by such owners, shippers, or consignors
respectively ; and that the values of such articles are truly stated
according to their actual cost, or the value which they truly bear at
the port and time of exportation ; and in case the goods so shipped
or any part thereof be liable by law to any ex)»ort duty, the amount
of such duty shall he. stated in such entry ; and no such entry shall
be valid, and no clearance shall be granted to such vessel untii such
duty is paid to the Collector or proper officer of Customs.
151. The report for entry, inwards and outwards, mjuired by
this Act, may, in the case of any steam vessel carrying a purser, be
made by such purser with the like etlect in all respects, and subject
to the like penalty on the purser and the like forfeiture of the
goods in case of any untrue report, as if the report were made by
the master ; — and the word " master," for the purposes of this sec-
tion, shall be construed as including the purser of any steam
vessel ; but nothing herein contained shall preclude the Collector
or proper officer of Customs from calling upon the master of any
steam vessel, to answer all such questions concerning the vessel,
])assengers, cargo and crew, as might lie lawfully demanded of him,
if the repoit had been made by him, or to exemjjt the master from
the ])enalties imposed by this Act for failure to answer any such
question, or for answering untruly, or to prevent the master from
making such report if he shall .see tit so to do.
152. Whenever the Collector of Custom? at any port is satisfied
that in such port as well as in the adjacent city or town and its
vicinity, there does not exist an extraordinary, infectious, contagious
or epidemic disease, which could be transmitted by the ves.sel, her
crew, or cargo, he may grant to any vessel re<|uiring a bill of health,
a certificate, under his hand and seal, attesting the fact aforesaid,
for which he shall be entitled to ask and receive a fee of one dollar.
163. If any person, with intent to defraud the revenue of Canada,
! ' .'9
isii
^: \
326
APPENDIX.
smuggles or clandestinely introduces into Canada any goods subject
to duty, or makes out or passes or attempts to pass through the
Custom House any false, forged or fraudulent invoice, or in any
way attempts to disfraud the revenue by evading the payment of the
duty, or of any part of the duty on any goods, such goods shall be
seized and forfeited ; and every such person, his aiders and abettors
shall, in addition to any other penalty or forfeiture to which he and
they may be subject for such offence, be deemed guilty of a misde-
meanor, and on conviction shall be liable to a penalty of not less
than fifty dollars and not more than two hundred dollars, or to im-
prisonment for a term not less than one month nor more than one
year, or to both fine and imprisonnient within the said limits, in the
discretion of the court before whom the conviction is had.
154. If any person offei-s for sale any goods under pretence that
the same are prohibited, or hare been unshipped and run on shore,
or brought in, by land or otherwise, without ])ayment of duties, then
and in such cases all such goods (although not liable to any duties
nor prohibited) shall be aeired and forfeited, and every person oH'er-
ing the same for sale shall forfeit treble the value of such goods, or
the penalty of two hundred dollars, at the election of the prosecutor,
which penalty shall be i-ecoverable in a summary way, l)efore any
one or more Justices of the peace; and in default of payment on
conviction, the party .so offending shall be committroved to have been on board any
vessel or boat from which any pjut of the cargo shall have been
thrown overboard or destroyed, oi in which any goods shall have
been unlawfully brought into Canada, shall forfeit one hundred
dollars, provided such person shall have been knowingly concerned
in such acts.
165. Officers of Cu.stoms may board any vessel at any tinje or
place and stay on board until all the goods intended to be unladen
shall have been delivered ; they shall have free access to r;very part
of the vessel, with power to fasten down hatchways, the forecastle
excepted, and to mark and secure any goods on board ; and if any
})lace, box or chest be locked, and the keys withheld, the officer may
open the same. If any goods be found concealed on board they
shall be seized and forfeited, and if any mark, lock oi' seal upon any
goods on board, be wilfully alten>d, opened or broken, l)efore the
delivery of the goods, or if any goods be secretly conveyed away, or
if hatchways fastened down by the officer be opened by the master,
or with his as.sent, the master shall forfeit four hundred dollars, and
the ve.ssel may be detain(!d until the said line be paid, (»r satisfactory
security be given for the payment thereof.
166. The Collector or other proper officer of the Customs may
station officers on board any ship while within the limits of a jnjrt,
and the master shall provide every such officer with suitable accommo-
dation and food, under a penalty of two humlred dollars.
228
APPENDIX.
234. The Uovcnior in Council may grant yearly Coasting Licenses
to British vessels navigating the inland waters of ("anachi above ISIon-
treal, antl may direct that a fe(3 of fifty cents shall he payable for
each such license, and that tlu^ master or [lerson in charge of any
vessel na\ igating the said Avaters, and not having a Coasting License,
shall, on entering any |»i>rt in the hoininion with such vessel, pay a
fee of fifty cents if such vessel is not over lifty tons burthen, antl ueen's Privy
Council for Canada, has be«>n pleased to order, and it is hereby
ordered, that the following Regulations re«p(!(;ting the (^oa.sting Trade
of the Dominion of Canada be and the same is hereby adopted and
cstubli»hui.l ;
COASTING REGULATIONS.
289
i)8
let.
do
■lid
Coasting Regulations.
1. Vessels tuid hoiits oinployod in the transport of goods or pas-
s(>n,!^('rs from on(! ))ort or \Ai\v.i'. to anotlKtr i)ort tir place within the
limits of the Dominion of Canada, shall be deemetl to be engaged
in the Coasting Trade and shall be subject to the regulations govern-
ing the same.
2. None l)ut 7>ritish registered vessels and Vjoats wholly owned by
Uritish subjects and such other vessels or boats as may hv, owned by
the subjects of countries included in any treaty with (treat IJritian by
which the Coasting Trade is mutually conceded, can lawfully l)e en-
gaged in the Coasting Trade of the Dominion of Canada, and the
uanu's of such vessels or boats and tlx; names of their Port of Kegis-
tiy shall be distinctly [jainted on the stern of the said vessels or
boats.
3. Such vessels and boats may, without being subject t(j entry or
clearance, as riMiuired by law, for vesst;ls trading between ports in the
Dominion of Canada, as w(!ll as with foreign ports, carry goods the
jtroduce of Canarla, or goods duty free, or gootls duty paid, or pas-
sengers from any ports or ])laces in the Provinces of < hitario, (^)uebec,
New IJrunswick, Nova Scotia and Prince Kdward Island to any other
ports or places in the said several Provinces, provided always that the
owners or masters of such vessels or boats shall take oiit a licenst^ for
the year or part of the year always terminable on the 30tli ilay of
.luiu', for that jtuqwse, from a Collector of Customs in Canada, and
that the owners or masters in taking out the said license shall enter
into bonds of .iiTtOO.OO tions put to him, and such ollicer of Customs shall bt;
at liberty to go on hoard any such coasting vessel when he nuiy deem
proper, and if he should liud any dutiable goods therein which had
not l)een entered at the Customs, or any prohibiteil or smuggle(l
goods, or if any goods had Ikhmi uidaden therefrom before the masti'r
had reported to a Customs oHicer, the goods and vessel shall be for-
feited, and the master sliall incur the juMialty of jBIOO.OO.
.^). j'efore any constiiig vessel or boat shall ilepart from atiy port of
lading in any one of the Provinces of the homin'onof Canada for
any other port in the said Dominion, report with a iluplieate thereof,
in the foim or to the etiect of the following, and signed by the master,
shall be delivered to the Collector (U' some otticer of Customs who
ri
■■■Pl
HIM
i !
^0
APPENDIX.
shall letain the duplicate and return the original report dated and
signed by him, and such report shall be the clcariince of the vessel or
boat f<»r th(! voyage, except for goods under bond, or goods liable to
Excise or Internal Revenue duty which shidl require the entries and
Avarrants for landing to be signed by the proper officers as retpiired by
law, and if any repf)rt be false, the master who signed it shall forfeit
the sum of $100.00.
Report Intvmds
Coastwise for a registered coasting vessel or boat arriving at one port
from another in the Dominion of Canada.
Port of
Registered Tonnage,
terns.
Namt' of vessel.
Where from.
Master's name,
•
Port of Registry,
T, the undersigned, master of the above described vessel, do solenni-
ly declare that I liave not temcheil at any foreign port, new have I
tiiken on l)oiird, nor landed nor put oil' saiominion of Canaila.
J'ort of
Port of Registry,
Name of vessel,
Registered Tonnage,
tons.
Master's name,
Whither liound,
T, the undersigned, master of the altove named vessel, do solemnly
swear that I am bound for, and will proceeil directly to, the Port of
COASTING REGULATIONS.
231
(•m.^
DllS.
I inly
•t of
and that I will lujt, during said voyage, touch at any
ftiroign port, nor take on board, nor land, nor put oil' of said vosstd any
goofls liable to C'ustoin.s duty, or other revenue impost, befoie arriving
at the above nameenalty of ^100 for de]>arting and arriving without due entry in-
wards or outwards, as the case may Ite. Provided that when a vessel
shall sail from any place where ihere is no ('ustom House or otliccr of
Customs, it shall be sullicicnt for the carrying out of this regtdation
that the owner i>r master of such vessel do, as soon afterwards as pos
slide forward to the nean^st Custom House a sindlar report in dupli-
cate, or loilge the same at the first port at which he shall touch where
there is a Custom House (Officer.
7. ( ioods under a removal bond from one Canadian p with a proper license upon such goods being pro) »erly
entered in the report outwards and clearance in duplicate,', the Collector
at the port from whi(!h sut;h goods are removed being retpiired to f(ir-
waid by mail, to the Collector of the ]tort for which the goods are
destined all the paiticulars ami description of the goods so forwarded,
and the packages shall 1)e properly markeil in red as now ])rovided,
but no goods under bond shall l)e carrieil in any coasting ves.sel or
without being so reported and cleared.
8. No coasting vessel or boat shall touch at any foreign port unless
forced by unavoidable circumstances, or thcre\into authorized by a
Collector or proper officer of Customs, and the master of any coasting
ve.ssel or boat which has touched at any foreign )»ort «hall declare the
same in writing under his own hand to the Collector oi' proper olfifcr
of (.'ustoms at the oorl or place in (.'aiiada where his vessel or boat
afterwards liist arrives, uiuler a penalty of ili'lOO.
1). If any goods are unshipped from any vt.'ssel or boat arriving
i:oast\vise, or unshippeil oi' water liorne to be shipped, to be carried
coastwisii on Sundays or holidays, or unless in the presence, or with the
authority of the proper ofli(!er of Customs, or uidess at such times and
places as shall be appointed and ajtproved Ity him for that purpose ;
the same shall be forfeited anil the luastet of the vcsael or boat ahall
forfeit the sum of ^100.
:m
! ':|
Ml^l
T7
^1 i I '• f
232
APPENDIX.
10. Oflifci's of ('\istoiiis may board any coastin^j; vessel or boat in
any port or place, and at any period of the voya^'e search her, and
examine till enuission, carry any gftods
from a foreign (M)unti'y, which are liable to duty, under pain of st^i/.me,
unless the same (in the case of ferry boats) be for the sole use of some
passenger then on board.
12. No goods can be carried in any coasting vessel or boat, except
such as are laden t(» be so carriere-
clude the C(»lleetor or propctr olticer of (Customs from calling upon tlie
master of any steam vessel to answer all such tpiestions concerning
the vessel, jtassengers, cargo and crew, as might be lawfully demanded
of him if the report had been made by him, or to exempt the master
from the penalties imposed by these regulations for failure to answer
any such tjm^stion or for answering untruly or to prevent the master
from making such report, if he shall see iit so to do.
14. The foregoing reguhitions are also to govern the (.'oastingTrad<'
of the Province of Ihitisli Columbia su far only as relates to vessels
trading or making voyages between tlie several juirts in that Province.
16. The Coasting Kegulations dated the L'Stli duly, iHCyS and :Ust
May, 1870, and all I'egulations heretofore existing in the Dominion
of Canada in refeience to Coasting in any of the said Provinces, are
liercby re[iealod.
PRIVY COUNCIL.
Ottawa, 17th Ajtril, 188:V
I herel>y certify that the foregoing Kegulations respecting the
Coasting Trade of the Dominion of Canada have been this day ap-
proved by His K.KcelhiUcy the Covernor Ceneral in Council.
JOHX J. McCEK,
Clerk, Privy Council.
I
l!i
I
CARRIAGE OF DANGEROUS GOODS. 233
CARRIAGE OF DANGEROUS GOODS.
|1<^ till'
lay ap-
Incil.
36 VICTORIA.
CHAP. S.
An Act with rcspoct to tlio Camu^t! of I)aiij;t'i'oiis (ioods in Ships.
\Assfnteil to l\rd Moi/, 1873.]
HKR M AJlvSTV, l>y and with tlio advirc ami consi'ut of tho Scnnte
and House of Commons of Canada, ciiat'ts as follows : —
1. This Act may ho citotl for all jjurposcs as "The Carriage of
])angerous C«ood.s Act, 1873."
2. This Act shall come into operation upon, from and after the day,
not hein;^' earlier than the lirst ttem|its to sent! by, or not being tlie
^Faster or owner of tlie sliip, carries or attempts to carry in any ehi}*,
from any port or place in Canada, any dangerous goods, that is to say,
aquafortis, oil of vitrol, gun-powder, nitro-glycerin<', naptlia, lienzine,
lucifer-mutches or any otiier goods of a dangerous nature, without dis-
tinctly marking their natures on the outside of the package containing
the same, and giving written notice, of the nature of sucli goods, and
rtf tlit^ name and address of the sender thereof, to tlie master or owner
of the ship, at oi- l>efore tlii! tinu' (»f sending the same ti> be shipi>ed,
or taking the same on board the sliij), he shall for every such otfence
incur a penalty not exceeding live hundred dollars : Provided that
if such }»erson show that he was merely an agent in the shipment of
any such goods as aforesaid, and was not aware, and did not suspect,
and had no reason to suspect that the goods shipped by him were of
a dangerous nature, the penalty wliich he incurs shall not exceed forty
dollars.
7. Any person who Icnowingly sends, or attempts to send by, or
carries or attempts to carry in any sliip, from any jxtrt or place in Can-
ada, any dang(U'ous goods, or goods of a dangerous nature, under a
false description, or falsely describes tlie sender or carrier thereof,
sball incur a penalty not (exceeding two thousand dollars.
8. The master or owner of any sliip may refuse to take; on board
any package or jjantel which he suspects to contain goods of a danger-
ous nature, and may recpiire it to be opened to ascertain the fact.
9. AVhere any dangerous goods, as defined in the sixth section of
this .Vet, or any goods which, in the judgment of tlie master or owner,
are of a dangerous nature, liave been .sent on lioaid any ship, within
tile limits of tht! Dominion of Canada, without being marked, as afore-
said, or without such notice having been given, as aforesaid, the nuister
or owner of such ship may cause .su(;h goods to be thrown overboard ;
and neither the master nor the nder or carrier thereof has been falsely described, it shall be law-
ful for any court of re(;ord of superinr jurisdiction, on appli(!ation by
or on behalf of the owner, charterer or master of the ship, to decdare
such goods to be, and they shall thereui»on be forfeited, and when for-
feited .shall be dispo.sed of as the court directs.
Hrought into force from April -ith, 1874, by Proclamation, dated
Marcli 2Gth, 1874.
k
SUNDAY OBSERVANCE ACT. 235
SUNDAY OBSERVANCE ACT.
CHAPTER 4 I OF 48 VICTORfA, ONTARIO.
All Act U> i»ry jiioliiltitiii^ Siiinlay- Kxcursioiis ni'
rci'taiii kiiuls.
HKK MA.IKSTV, l»y any any sikIi stcanilioat and in part liy railway, and liavinj,'
for their only, or ])riiici|ial olijcct, the carriaj**' of Sun provider for the exannnation of,
and j^rant of certitiiates of competency or service to persons
intentlinin to act as Masters ov Mates on board Ships registered in
Canada, trading on the inland waters of Canada, or on the coasts of
( "anada, oi' in its vicinity, as hereinafter mcnitioned : Therefore Her
Majesty, by and with the advice and consent of the Senate and House
of Commons of Canada, enacts as follows :
1. Ijj this Act the word "ship" means any vessel used for the ]an'-
poses of navigation and registered in Canada ; the expression "sailing
ship '" means a ship propeUed mainly liy sails ; the word "steamship"'
or ".steamer" includes any ship impelled wholly or in part by steam
■III
s
MASTERS AND MATES' CERTIFICATES.
237
or (itlior motive jM>wer than .sails or oars; the wonl " iiiate " iiu-ans
the tirst or only male ; the word "vova^'e' inehules " |iassa;,'e " or
"trip"; ami the expressiitn "coasting voyage" inehules u voyage
hetwei n Canada and N'ewfoinidland or the I'nited States of Anieriea.
KXAMIXATIONH ANI» (KHTIt'lCATKS »i|' MASTEKS AXD MATKS.
2. Kxaniinations may he instituted in Canada, for jtei-sons having
heen domieiled in ( 'aiiada for at least tiiree years who intend to ]»(•-
eonie masters or mates of ships trading on the iidand waters of Can-
ada, or on eoasting voyages, as hereinltefon^ mentioned, or who nish to
lirocure eertitieates of eoniitetenev or service as masters or niiitcfs of
such ships ; and ]iersons serving in sliips so registered, and I'ritish
subjects serving in foreign vtiasels in like trade, shall he deemed to be
domieiled in Canada wliile so serving : And, subject as herein men-
tioned, the ^linister of .Marine and Fisherit-s shall i)rovide for such
examinations at such place or jtlaces as he may see tit ; and the (luv-
erma' may n]tplicants for examination shall pay, previous to examination,
to sucli person as the Minister of Marine and Fisheries may appoint
for that i)urpose, the following meiilfoned fees ; that is to say, for a
certiHcate of <'omi)etency as master, eight dollars, and for a certificate
of compt^tency as mate, four dollars, ami for eertitieates of .seivice, tlie
fees hereinafter provided ; and in IIk; event of any applicant failing
t<» procure his certificate of «[ualification on his first examination, he
shall be entitled to a second examination without payment of ;iny
additional fee; lait if lie tails to procure liis certificate of (|ualilic;ition
on such .second examination, he sliall pay tlie same fee ]irevious to .uiy
subsequent examination as is hereby reipiire(l to he paid previous to ii
first examination for the cerlilieatc be seeks to ]<\ ure.
5. Subject to the proviso liereinafter nunle, tlie Minister of [Marino
and Fisheries may grant to every ap]»licant Avho is du.ly lepotted by
any one or more of the examiners Uy have pa.ssed the examination
satisfactorily, for .sailing ships or steanu'rs, as the case may lie. and to
have given satisfactory evidence of his .soliriety, experience, aliility
and general good conduct on Itoard ship, a certificate (hereinafter
called a certificate of competency) to the effect that he is competent
to act as nuister or mate of ships hereby reipiired to be commanded
by a certificated master, or to Imvi! a certiticated mate (stating tin;
cla.ss of ships for which he is found competent) trading on the inl.ind
waters of Canada, or in the coasting trade, as the case may he; but in
238
APPENDIX.
m I
,.y,.,.y p.,.s,. ill wliicli the Minister of Marine and Fisheries luii« n-ai^rn
t<» helieve such report to liave been nndnly niaih'. he may remit the
ease either to the same or to any other exaininer nr exauiioer^ ami
may reqnire a re-examination of the ai>i»Ii(!ant, nr a further eni|iiin'
into his testimonials anil eliaracter, before granting; liim a rertilicsite.
6. <'ertilieates of serviee of shi]»s trading on the inlan«l watn-r*. of
(anaila or oil coasting voyages, (littering in fonn fmm lac*? in
("anada on a voyage to any othe^r port or place in Canada, or New-
foundland, or inthe ITnited Statesof Anu^rica, or be licensed orallowt^
to jily on any Canadian watei-, uid(!ss the master thereof iias obtainetj
and poss;!S.ses a valid certificate of competimcy or service as niairter for
inland, or (as the case may be) coasting ships of the class and «le-
scriptioii to which such ship belongs, from the Minister of Marine
and Fisheries, or a valid certificate of competency or ser\-ioc» as
master for sea-going ships, from the said Minister, or a valid certifi-
cate of competency as njaster, for foreign-going ships, from the ISoanl
of Trade in the United Kingdom, or a valid certificate of oou]|«eteucy
as master, granted in any Jiritish possession and declared by onler
of Her Majesty in Council published in the Lumloii (Jar.Ht*', under
the provisions of the Merchant Shipping Colonial Act, 1869, or of
any Act of the Parliament of the United Kingdom, containing sach
provisions, to be of the same force as a certificate of competency, as
master for foreign-going ships granted under the Acts of the Parlia-
meut of the United Kingdom, relating to merchant shipping ; nor
MASTERS AND MATES' CERTIFICATES.
239
sliall any sliii* rogistoretl in ("anada and over two luuidrt'd tons
r('etency or service, goes on any voy-
age described in this section after tlu; said date as such master or
mate, without being at the tinu^ entitlfHl to and possessed of such
certificate as hereinbefore icijuired, or who cnijdoys any person as
master or mate of any such ship as aff)resaid, on any such voyage,
without first ascertaining that he is at the time entitled to and pos-
sessed of such certiticitte, slu.ll, for each such oiience, incur a pen-
alty of one hunilred dollars :
Provided that the foregoing provisions as to masters and mates,
shall not a))ply to pleasun; yachts not carrying passengers or goods
for hire, or to ships employed solely in fishing, or barges or other
vesa(!ls having neither niasts, sails nor rigging, and not being steam-
ships.
8. After the first day of .lanuary, which will lie in tht; year of
Our Lord, one thousand eight hundred and eighty four, th(! master
of every ship, re(|uir(!il by this Act to lie commanded by a master
having a certificate of competency or st^rv ice as aforesaid, shall jiro-
duce to every oHicer of the customs in Uanaila, to whom lit; applies
for a clearance or for a trcmsire coastwise, for such ship, on any
voyage from any port or place in Canada, to any other jiort or
place in Canada, Newfeundland or the United States of America,
or for a license for the season in respect of such ship, the certificate
of competency or service which the said master is hereby reijuired
to ])ossess ; and if such ship b(> also re([uired to carry a mate
having such certiKcate as aforesaid, the ma. ter shall, at tlie sanit?
time, produce to such ofVicer of the customs the certificate of such
mate :
(2.) No oHicer of the customs at any poit in Canada shall clear
any such ship or grant a traimirr coastwise for any such ship on any
such voyage as aforesai board and in char^^'e, the owner thereof shall incur a penally
of one hundred (hilhiiM for every day on which such olience is com-
mitted.
9. When any master or mate proves to the satisfaction of the
Minister of ^Marine and Kislicrics that he has, without laidt on his
part, hist or been deprived of any certilicate th(•retofort^ j,'rante(l to him
under this Act, by the Minister of ^Marine and Fislieries, the Mhiister
may, upon ]»ayment of one-half the fee charj^ed for the orij^inal certi-
ficate, cause a cojjy or dujdicate of the orij^inal certilicate to be maile
out and certified as aforesaid, and to be delivered to him.
10. Kvery person Avho makes, or procures to be made, or assists in
nuikin<{ any false representation for the jturjtose of obtaining for him-
self or for any other ])erson a certificate of competency or service
under this Act, or who forges, assists in forging, or procures to be
forged, (U' fraudideiitly alters, assists in fraudulently altering, or pro-
cures to be fraudulently altered, any su(;h certificate or any official
copy of any such certificatt', or who fraudulently makes use of any
such certificate which is forgcnl, altered, cancelled or suspended, or to
which he is not justly entitled, or who fraudulently lends his certifi-
cate to or allows tlie same to be used by any other person, shall, for
each such offence, be deemed g'lilty of a misersoii whose certificate has been cancelled,
a new c^ertilicate of the same or of any lower Lfrade.
13. A record of all ccrtilicatcs of competency or service, granted
under this Act, shall he kept in a Ixamil hook in the I )epartment of
Marine and Fisheries ; ami all docuirients jturportiiii,' to he certiticates
granted hy the Minister of Marine and Fisheries in pursuance of this
Act, and to he signed hy him, shall l)e reccaved in eviih-nce, and shall
be deemed to he such certiH(.'ates witluait further proof, uidess the
(contrary be shown ; and whenever notice of the cancelling, suspend-
ing, ftltering or otherwise all'ecting by competent authority, any such
certificate, is leceived by the Department, there shall thereupon be
made a corresponding entry in the record of certili(;ates ; and a copy
of any such certificate 2>ur]torting to be certified Ijy tht! ^linister of
^larine and Fisheries or his Deputy, shall be jmma facie evidence as
aforesaid of such certificate ; and a copy purporting to be so certified
as aforesaid of any entry made as aforesaid in respect of any suchcer-
tiHcate shall be ^»rimay«cie evidence of the entry and truth of the
■ matter stated therein.
14. All fees received under this iVct shall be paid over to the
Receiver (leneral, and form j)art of the Consolidated Revenue Fund
of Canada.
15. The Minister of Marine and Fisheries shall cause ii copy of
this Act to be lodgey the (Jov-
ernor in Council for the guidance of such examiners within sixty
days after the i»assing of this Ai't.
16. Nothing containeil in this Act shall Iks construetl to affect the
]irovisions of the Act passed in the thirty-third year of Her Maji^sty's
reign, cliaiiter seventeen, intituled "^ An Act respecting certificates to
Muaters and Mates of i (pialitications for a mate,
he will have to explain how he would sliupe a course to counteract
the efiect of a given current, and tifid the distance made good
towards a given point in u certain time,
7. In Seamanship. In addition to the (pialilications for a mate, he
must know the principal lights upon the coast, and Ix* weil actpiainted
with the tid(!S and soundings. He will b(M'ei|uireil to explain how
ho would lay out an anchor in ca.se of straading, and be able to rig
a temporary rudder shoidd the stxnn apparatus become disaltled.
He will be i|uesti()ned as to his knowledge of Protests, Invoices,
Ciiarter Party, Mottomry Honds, and l>ills of Lading. 'V\w exam
iner will ask him any further ijut'stions he may thiidc Jit relating to
the duties of a muster.
1(
MASTERS AND AFATES' CERTIFICATES.
243
For the great inland lakes, or minor inland waters of Canada.
S. Tliis ot'itificato shall l)o valid for tlio inland lakos and rivers of
Canada, including suwh great waters as Lake Huron and tlie (.U;orgian
Bay, Lake Su]>erior, Lakt^ Erie and Lake Ontario.
9. All candidat(!S must pass tlio examination in colours.
10. A Mate must l)o 19 yc^ars of age, and have served at h-'ast two
years at sea, or on the inland wateis.
IL In NaviijiUion. — Ife must write legibly, and he able to take
a bearing by compass, an able to shape a course, and deterniine
the distance run from any givei. departure.
12. Tn Spiitan,nship. — ITe must possess a tliorough knowledge of
the " Rule of the Road " as regai'ds both ste.imers and sailing ves-
sels, their regulation lights, fog and sound signals ; he must know
tluf signals to b(! made if in'distress, lie must understand both the lead
and the log, knotting and s|)rK'iMg rigging, and stowing a cargo. He
will be examined in seamanship gemTally, either for " sijuare rig,"
"fore and aft" or "steamei-," as the case may be. If the latti^r, lie
must have a knowledge of the littings for lire purpost^s, the bulk-
heatl sluices, if any, and th(! engine I'oom teh^graph, the securing and
lowering of life boats and lafts. The examiner will ask any other
ipiestions he may think tit relating to the duties of a mate.
\'?i. A Afaxter must be 21 years of age, and mu.st have been at sea
or on the inland waters at least three years, on<^ of which he must
have i een as mate.
1 i. In Navii/attoii. — In addition to the <|ualiiications for a mate,
he will have to explain how he would shape a course to counteract
the efJect of a given current, and find the distance made gooil to-
wards a gi\en point in a certain tiin(\
1"). Jh Seanianxhip. — In additioi; to thti (lualilications for a mate,
lie nnist know the principal iiylits upon t!ie great inland waters : lie
will be reipiired to explain how lie wo\dd lay out an anchor in ca.se
of stranding, and lie able to i ig a temporary ludder should the stern
apparatus bcicome disabled. Tie will lie (juestioned as to his know
ledge of Pi'otests, Invoices, Charter jwirty and liills of Lading. The
examiner will ask hnn any fnitlici' (piestions he nuiy think lit relat-
ing to the duties of a mastt;r.
For lilt' minor lahen and rivers of Canada., such as Lake Simcne, Lake
Mmiphreinaiio;/, the lliri'rtit. Lawrencf abovf (Jiiahec, the Ottawa
River, th« River iSf. John and ailjacml lakes, or any river or
lake in British Columbia., or in Manitoba or the Sorthwtift
Territories, or in the District of Keewatin,
W" J
»!' W
\\4
"fli
m
•liii
244
APPENDIX.
16. ^ Mate miiHt be 19 years of age, and have been at least two
years afloat.
17. All canflidatcs must pass in colors.
IS. In Navigalion, — He must be able to shajte a course upon the
chart, and find his j)Osition by cross-bearings of two well known
obje(!ts ; he must be abh^ to measure distances upon the chart, aiul
be able to keep the run of the vessel,
19. /// Seammnship. — He imist iimlerstand how to use the Iciid.
Me must possess ii thorough knowledge of the "Rule of the Roiul,"
both for sailing und steam ves.sels ; ho nnist l)e able to knot and
splice, to fit, and lig a " fore and after." He must understand thfoiv any oiTtificatcs can ]n' ;,'ninto(l, cantUdates arc to l(i(lj,'fi
tlieiii as parly as possible. Tlio testimonials of servitude of foroi^'nei-s
ant] Itritisli seamen servinject liimseif t(» a failuie and its con.se<[Uen»M's.
;50. No candidate will be allowed to work out his problems on a
slate or on waste paper.
.'^1. No candidate will )•(■ permitted to le;ive the nHim until he has
given up the paper upon which li;' is engaged.
:52. (.'andidates will lie allowed lo work out the various problems
b}' the method aiu' tables they have been aci'Ustome(l to use, and will
b(^ allowed six lioui's to pcrt'orm the work. At the expiration of six
hours they will, if they have not linislied, be declared to have failed,
unless till' Kxaminers see lit to lengthen the period in any special
case. If, however, the period is lengthened in any special case, the
8i)ecial circumstances of that i'as(> and the reasons for lengthening the
])eriod must be ri'ported to the Minister of Marine and Fisheries by
the Kxaminers at the time they send in the report,
Ib'V ('andidates are expected to bring thoii answers to all |trol)lenis
within, or not to exceed, a margin of one luile of position from a cor-
rect result.
M
l,i !
It *!
246
APPENDIX.
lii:
iiii'"'
liiii^'
IS ;!::
'M. From ^fasters a dcffree of precision will he required, 1)otli in
the work aiul in the results, beyond wliat is (U-nianded from Mates.
35. In every case where problems an- KMjuired to be worked out,
tht" examination fnr ^hlster is to ( nuniiencti with the problems for
:Mate.
36. In all cases of failure the candidate must be examined ih novo.
Tf a candidatt! fails, lie will not be re-examined until after a lapse of
six months' service afloat on the inland waters or sea (toast, as the
case may be, to give him time to gain experience.
ICxaminations may be lieM at the following ports, vi/.,: Toronto,
nttawa, Montreal, (,)urliec, St. dohn, X. !>., Varmniith, Flalifax, Syd-
ney, ( "liarldttetown, Winnii)eg, Victoria, Luneidiurg, I'icton, l'i)rt
Iliipt', Kingston, St. Catharines, Sarnia, and ('nllingwood, for the piir-
piKsc III' examining candidates.
Aote.
.\s lli(,' exaniinatiiin of Masters and Mates is made compnisoi'y, the
cpialilications have been kept as low ns pussible, but it is di.'«itine,tly Id
be understiKid that the .Minister of .Marine and l"'isherics may raise
the standard from time to time, if deemed advisable.
CANADIAN ACT : REGISTRATION OF
SHIPS.
!:f
3G VICTORIA.
CHAP. lL'8.
An Act relating to Shipjung and for the registration, insj)ection, and
classiti cation thereof.
( Reserved /or the siffiii/ication <>:" liar Afnjefih/'a plen^iure on the '2\]rd
day of May, 1S7."{. /iVv- assent tjivrn hy Her Mojesty in
Council on the "lOth ilay of Nove.mher, 1 S73. and Proclamation
I hereof made by I/is /^xellency tJie iiovirnor (^icneral in the
Canada Gazette of thr \lt/i Marcli, ISTI. Acl to take ej/'ect on
the 17 th March, 1S7 I.)
WKERKAS the rule of measnroment of ships containe<1 in the
" Acl respecliiKj t/i'i re!}, ^.ifil, 2'M)'2, '2M:) and 2:^71
as are not inconsistent with the piovisions of this Act, are also
h(!reby repealed. Fart the second of eha})ter seventy-five of the
Revised Statutes of Nova Scotia, third series, "of the registration
of shii»s," is also hereby re[iealed.
4. In this Act.
The term " The Minister," means the Minister of Marine and
f islnnies ;
The tyrui " ship " includes every description of vessel used in
'i •ill
ft J
248
APPENDIX.
II
navigation not propelled by oars ;
The term " ships belonging to Her Majesty," includes ships the
cost of which has been defrayed out of the Consolidated Revenue
Fund of Canada, and ships described as the properly of Canada by
the one hundred and eighth section of " The British North America
Act, 1867 ;"
The term " master," includes every person having command or
charge of any ship.
T). Nothing in this Act shall apply to ships belonging to Her
Majesty.
0. This Act is divided into four parts :
The first part relating to the measurement and registration of
ships; and unseaworthy ships ;
The second part relating to the licensing of small ships and other
vessels ;
The third part relating to security for advances on ships in course
of construction ;
The fourth part relating to the inspection and classification of
ships.
PART I.
MEASUREMKNT ANI> KEtilSTUATION OF SHIPS.
7. The following ships are exempt from the provision of this part
of this Act, viz :
1. (Ships having a whole or i\xvA deck, not propelled wholly or in
]»art by steam, and not exceeding ton tons burthen.
2. Ships not propelled wholly or in ])art by steam, and not hav-
ing a whole or fixed deck, whatever their burthen.
8. Except as hereinafter mentioned, no ship propelled either
wholly or in i)art by steam, whatever her tonnage, and no ship not
pro))elled wholly or in part by steam, of mont than ten tons l)urthen,
and having a whole or fixed deck, although otherwise entitled by
law to be deemed a British ship, shall lie recognized in Canada as a
British ship, nor be adniitt(;d to the pi'ivileges of a British ship in
(^anada, until, nor unless, she be duly n^gistered in the United
Kingdom, or in Canada, or some other British possession, under the
said Act us amended a.s aforesaid.
9. In eases where it appears tu the Lieutenant-(iovernor of any
Province of Canada, that by r'-ason of sj)Pcial eircunistancos it would
be desirable that i)ermission slioiild be uranlcd to any liiitish sUi|t to
pass, without being previously registered, from any port or [dace
within the Province of which he is Lioutenaut-(!ovenior, to any
other port or place in licr Majesty's dominions, such Lieutenant-
Governor may grant a pass accordingl;\', and such pass shall, for the
ii.i
CANADIAN ACT : REGISTRATION OF SHIPS. 249
time and within the limits therein mentioned, have the same effect as
a pass granted l»y the (lovcrnor, or as a ecrtiticate of registry; and
I'Mch Li(nitenant-(.Iovernor shall forward without delay, to the Oover-
uni' in (Jouncil, a copy of eath ]»iiss granted liy him.
10. Thediivernor in Council may appoint, at and for every port
at which he (Iccms it expedient U< authorize the registry of ships, the
collector or other ]»rinci]ial oHicer of customs, who shall lie the Regis-
trar for all the piMposes of "The Merchant Shipping Act, 18.^)1,"' and
the Acts amending the same, and of this Act.
11. The Governor in Council may appoint at every such port, and
at any ftther port in Canada, an othcer to sujierintend the survey and
admeasunjUH-nt of ships in confonuity with tlu^ said Acts and this
Act ; and the same person may he ajipointed hoth the Registrar and
Surviiyor at any such Registry Port.
12. Such Surveyor shall be entitled to such fees for the measure-
ment of ships about to be registered for the first tinu; under this Act,
or retjuiring measurenuuit for the pur[)oses of registry, and to such
travelling expenses, when rcipiired to travel for the purpose of mak-
ing any such measurenu'ut, as the Governor in (Jouncil may, from
tim«; to time by Order in Council, see fit to estaldish ; and such fees,
and travelling expenses (if any) shall be ])aid to such Surveyor by
the persons requiring his services ; ami any Surveyor may, in any
case, withhold his certilicate of measurement, or any otlu^r (h)cument
that may l»e retpiired of him, until his tees and travelling expenses
(if any) be paid, and such fees shall he in lieu of all salary ami other
remuneration whatever for such services, but no fees shall be charged
in Canada for registering vossids or rersons claim to be builders or
owners of any ship, or present the builder's certificate t(» the Rtigis-
trar of Shij)ping at any ])ort in ('auada for the purpose of obtaining
registry for such siiip under the provisions of se(;tion forty, of "The
^lerchant Shipping .\ct, I^.^jI," ami are not agreed as to who is the
builder or owner of the same, such Registrar may refuse to grant
registry for such shi]i, and is liereby empowered to summon witnesses,
adndnist<*r oaths, demand any liooks or jiaptirs, and receive any evi-
dence relating to such ship ; and a copy of such evidence taken, and
a report thereon, shall lie submittiMl liy him to tlut Governor in
Council, who shall issue such directions in the case as to the giving of
security to the other claimant or claimants, or a4iy other matter or
thing, as he may deem necessary ; ami registry shall be granted in
pursuance of such dircctitins and not othtu'wise.
14. Mo ship duly registered under the provisions of tlie said "Act
i ill
1 *i
I !l.
250
APPENDIX.
t"i
■1^!!
I
respecting the registration of inland vessels," fmniing chapter forty-
one of the Consoli)('(',t to tin' ]ii'ovisioiis of this Ad, collcctois (ir ntluT jn-inci-
|>al oIlicL'i's of ciistoins in (.'iinfMl.i, not licin^;- IJf^istiiu's of Slii])|tinj,',
shall liavi and he nmlcr tin' same ol»lii,'ation to
cndoisc from time to time on Ihi' crrtillcatt' of rci^islry of any ship at
any port in < 'anada wlii'ic the said ship may he, any •han.Ljc of mastt'i'
which takes phn-e at that |hii(, as arc ,iL!;ivcn to ami laid npoii Kciris-
trars of Shipping- nndci' "Tlic .Merchant Slii|tiiin,t; Act, isrt4."
19. For and notwith.standin^ anything; to the contrary contained
in the forty-sixth .section of " The ]M«'rcliant Shipping Act, isr>4,"
in case any Registrar of Ship])ing, or Collector or other principal
otlicer of the customs at any port or place in Canada, receives' con-
flicting directions from owners of any ship i-egisteied in Canada as
to a change of the master of such ship, such Registrar, or collector
or other principal officer, may refu.se to endor.se a memorandum of
the change of master on the certificate of registry of such ship,
utdess or until he receives a declaration according to the form in
the first schedule to this Act, or as near thereto as circumstances
permit, from the registered owners respecting a majority of shares
in such ship, or from their duly appointed agent or agents, setting
forth the name of the ])erson aj»pointed in lieu of the former ma.ster,
who shall he named in such declaration ; the sfiid declaration shall
be made and subscribed in the presence of the l»egisi-rar or Collector
of customs if the declarant or declarants reside; within five miles of
the custom house oi* port of registry ; but if beyond that «listance,
in the pre.sence of any Registrar or Collector of customs in l£er
Majesty's dominions, or of any Justice of the Peace ; and in addition
to such declaration, the Registrar of Shipping or ( 'ollector of Customs
at the port where the change is retjuested to be endor.sed, may
re<(uire to be produced a certified copy of the register, or such other
evidence as he may deem nece.ssaiy, as jiroof of ilie ownership of
the .ship ; and in case the ship is at or near such port, he shall, on
the demand of a majority of the owners iheicof, requin; the master,
or any other person in the pos-session of the certificate of registry to
produc<^ and deliver the .same to him ; and in default of the same
being forthwith produced and delivered up to him, he may detain
the ship, and not allow her to pi'oceed to sea until the same has
been produced and delivered up to him : and every per.son having
posaession of the certitiirate of registry of a ship registered in (Janada,
and refu.sing or neglecting to produce and deliver up the same to
any Registrar of Shipping or Collector of Customs requiring the
same to b(! produced and delivered u[» to him under the provisions
of this section, shall incur a penalty of tivt; hundred dollars.
20. Every Registrar of Shipping ami e^•ery coUectoi' of customs
Ij
■yM
.1,
If
I r,"
I H
m
i a
252
APPENDIX.
11
^"i ;
I' ;i
I' H
i I
shall keep a reoonl of every endorsement of a change of mastfr ma^le
l>y him on the certificate of n^j^istry of a ship, and shall sp**ifv in
such record the date of such ondorseintMit, the name of the i>hi|i, the
orticial numher of tlio ship, tlie port of registry of the ship, tb*- iiaDx-
of the old master, tlie name of tlie new master, and wliHheror not
he has a certitirate of competency oi- a certilicate of service, and if
h(! has either of such ccrtiHcates, the numher tlwrcitf : and ••vi-r\'
such i-ecord sliall he ke{)t in the othce of the Registrar of Shipping;
or ('ollector of Customs making tlie same, or his successor as >>nch,
and shall at all times during the usual office hours l>e open to all
persons for inspection, without fee or reward.
21. U|K)n the managing owner, or any of the managing owners
(if more than one) of a ship registered in Canada Iteing changwl, or,
if there he no managing owner, upon the shi))'s husljand l*-ini;
changed, the newly appoint(>d managing owner or owners or sJiip's
hushand shall forthwith give notice of such change to the registrar
of the ship's port of registry, who shall register the same acieord-
ingly ; any managing owner or ship's husband who fails to eoiuply
with the requirements of this section shall incur a [►enalty not ex-
ceey
which she is for the time being registered :
2. No change shall be made in the name of a .ship witLoat the
previous permission of the Governor in Council. U|>oft
such permission Ijeing granted, the ship's name sliall forth-
with be alteen chani^l
without his previous permission, he may direct tlnat her
name be altered into that which she bore J.»efore such
change, and the name .shall be altered in the regist*'r \>rx>k^
in the ship's certificate of registry, and on her l>t«ws and
steri> accordingly :
4. Where a ship having once been registered has cease*! to be so
registered, no peison, unless ignorant of such prenoas
registry, (proof of which shall lie on him), shall <*pply to
register, and no regi,strar shall knowingly register jioeh
ship, except by the name by which she was pre\ioa»ly
registered, unless with the permission of the (Jovemor in
Council.
Evei-y jiei-son who acts, or s"flfers any person under his control
nl
CANADIAN ACT : REGISTRATION OF SHIPS. 253
to act in contravention of tliis section, or who omits to do, or suffers
any pei-son under his control to omit to do anything required by
this section, shall for each offence incur a ])enalty not exceeding
four hundred dollars ; and any registrar or principal otticer of cus-
toms may detain the ship until the provisions of this section are
complied with.
Aj)plication for a change of name shall he made in writing to the
(Governor in Council. If of opinion that the application is made on
reasonable grounds, the Governor in Council may entertain the same,
and may thereupon recjuire notice thereof to be published iu such
form and manner as he may think tit.
2']. "Wlirut'vcr ii shii)piiig casuiilty luippcns imywln'rc in thecusc of
ii ship n-gistercd in Cauiida, or within tlic limits of ( 'aiiadii in the
case uf any other JJritish ship, the master, or if the master is dead the
chief surviving oHicer, and also every such other pcison belonging to
tile ship as the iMiuister may from time tc» time direct, shall, within
twenty-four hours of his first landing iu Canada after the hai)})cning
of such casualty, attend and sulmiit himself for examination at the
ollice of the pruicipal otHcer of eiistoms residing at or near the place
where such casualty occurred, if the same occurred on or near tlu^
coast of Canada, or any islantl or jilace adjacent thereto ; Init if the
casualty o<;curre.d elsewhere, at oi' near the place of such landing,
unless he has been previously exai, ned or excused from attending
for examination by any other ]>rincipal olhcer <>f customs residing at
or near eitliei' of such places or by any receiver of wreck iu the United
Kingiloni ; and if any master, otticer or other person nmkes default in
obeying the provisions of this section, he shall incur a penalty not
exceeding two hundred dollars.
24. AVhenever the managing (nvner of any ship rej^istered in
Canaila has information that such ship is lost, or in conse([uence of
lua- non-arrival or otherwise has reason to apprehend that she is lost,
he shall forthwith send notice of such loss (»• ap])rehundeil loss to the
^linistor, ami shall u])on requisitifui by tlie Minister fuinish to him
such information as he may be re([uire(l and able to furiiisli respecting
such ship and tlie loss thereof, and the ](roperty and persons on
board, and if he makes ilefatdt in obeying the provisions of this sec-
tion, 111! sliall incur a |)enalty of not exceeding two hundred dollars.
2."). I'Acry Registrar of Slii|i[»iii,u shall, on or before the twentieth
day of January in each year, make and forward to the Minister a
return, in such form and containing such particulars as the Minister
may from timt! to tinu; direct, of all existing siiips of which the regis-
try remained in his registry books, on tin; thirty-lirst day of Decem-
ber then last.
UNSEAWUUTUY SHIPS.
26. If complaint is made to the Minister that any sliip registered
U
1 ' vil
11
254
APPENDIX.
f i
in CiUiarla is, by rt'asoii of the ilctVctivc iniiditiuii of licr liull nr
('([uipiiu'iit, or l>y iciison of Ikm ln-iii^' over loadfil or iiii|iro|M"rly
loaded, untit to iirocccd to sta, or on any voya;^n on any walrrs witliin
tilt' limits of ("anada, tilt' .Miiustcr may i-ausc such sliiji to l»e sur-
veyed Ity ii j)erson a|i|ioinled liy liim, liist cxacliii;,' from the coni-
]»lainaiit, if Ik; tliiidlac(! in Canan applying for the same
at his custom house or olfice in othce hours ami complying with the
jn'ovisions of this st^ction in respect of sucii ajtplication ; and such
license shall l)e in the form of and shall contain the particulars pro-
vided for in form \), in the second schedule to this Act.
31. Upon any such application being made to a collector or other
^:i
II
256
APPENDIX.
k
principal otticor of the ci'stoms, tlio following jn'ovisions shall tako
effect :
(a). The coUoctor or j^'iiicipal oHlcci crf customs shall furnish the
a[)iilit'aiit gratis, with a printed lilank foV a declaration in the form of
form A. in the second schedule to this Act.
(1».) The applicant sliall fill up tlu; said form with true statements,
in their propel' plai-es, of the h'nglli, 1/readth, depth and approximate
tonnage of ;lie ship or ve, ;el, the names of tlie ownei' or owiu'is
thereof, and, if the property in the slii|) or vess:-] lie divi(h'il into
shares, thi' numln'r of shares held hy each owner, and shall s"ih
scril)e the same ; and return t);e same to the oliieer.
(e.) TIu' oliicei shall tiuMi till up a license with the particulars
stated in the declaration, adding thereto tiie nanu^ of the ])orl and the
number (jf the license, which shall he consecutive for eacli port, and
sign such liieiisc, and hand the same to the a])i»li(!ant.
(d.) Tile orticer shall reconl the ])articulars containe(| in the
license in a hook, to he kept hy iiim foi' that purpose.
',V2. Kvery ship or vessel reipiired to he licensed under the jjro-
visions of section thirty of this Act, shall at all times have the nanu""
of the jtort or jjlfve at which she was last licensed, which shall lie
considered for t le time heing her port of license, with tlie mnnher of
her last license, iKiinted on her how or stern in letters not less than
three inches long, of light coloi', on a dark groxiud.
;5;^ AVhem.'vei' the jU'operty in a shiji or vessel required to l)e
liwnsed as aforesaid, losses wholly into new hands, the master or the
Jiow owi\er or managhig owncu', or one of the new managing owners,
if there lie more than one, shall within one nmnth fiom and after
such cliaiige of ownersliip as aforesaid, taice out a new license at some
port or jilace in Canada ; and nnon receiving tiie same shall deliver
up the former license, if in his jiossession, to tin collector or other
jirincipat ollicer of tlie ci; .fouis at such poit or iilace.
;>l. i'",very master or owiiei' or irauaging owner of any shi[i or ves-
sel. required to he licensed under tie' provisions of this part of this
Act who neglects witho\it ri'asonahle cause (ihe ]);oo;' of which sicdl
lie upon him) to iipply for and take out a license An such ship <
to time (lircit, of all ships and vessels liceiisetl liy hiiu ilurin^' the
year ending on the thirty-Hrst «lay of Decendjer then last.
PART III.
SKtUHITY vnu ADVANCES ON SIUI'^; 1\ COURSK OK COXSTHUCTIOX.
3G. A slii|i alidiit to Ih" lnult nr hciui^ built may he iccovdcd iimler
a tem|tniaiy iiMiiir hy the Registrai' of Shiiipiiij; at nr iirarfsl to the
jtoi't at wliirli shi' is alioiit to he huilt tn' is \n'uv^ luiilt ; ami any
ItuiltliT dt'sii'diis iif raisin^ money hy .1 mnrti^aj^t' on any ship ahmit to
111' huilt nr liciu.n liuih, shall furnish to tin- Kc^istrar nf SJiiiniiuL;. at
llir |Hilt at iir ut'arcst In wllicll siic is ahnut tn hr hiiih, or is liciu^-
laiilt, a full »'rscii|»liv. a dark groinid, in white or yellow
ligurcs and letters of a length not h'ss than four inehes, tlie nundjer
given him hy the proper Registrar of Shii)ping for that purpose, the
teiiiporaiy name of the shi]", and the name of the jtort at which she is
intended to he registered.
37. A ship ahout to be huilt or being huilt, and so recorded as
ahtresaid, may he made security for a loau or other valuable consider-
ation ; and the instiumeiit creating such stu'urity, hereinafter termed
a "mortgage," shall he in the form marked 1! in the third SclKulide
hereto, or as near thereto as circumstances permit ; ami on the pro-
• hictiou of such instrument the Registrar of Shipping at the ])ort at
which the ship is recoided shall enter the same in a recoi'd liook to
be kejit by him for that pur[)ose.
;iS. Kvery such mm'tgage shall he reeoideil by the proper Regis-
trar of Shipping in the order of time in which the same is produced
to him for that purpose ; and such Hegisti'ar of Shipping shall, hy
memoraudum under his haml, notify mi the instrument of mortgage
that the same has been recordei! by him, stating the ilate and hour of
sui'h reioni.
;V.). Whenever any ncordeil mortgage has been ilischargeil. 'ne
proper Heuis'rar of Shippin' shall, upon the |)!'oiluition of the moit-
oune ileeil, w ith a receipt for the uiortgage mone\' imiorseil thereon,
duly signed ami attested, make an enti'v in the reinnl liook to the
etl'ert that suili iiorl^iije has been disijiarged : and upon suidi entry
lieing made, the estate, if any, wliirh [lassed to the mortgagee, shall
vest in the said person or persons in whom the sann' woidd, havin;;
regard to intervening lU'ts and circamstances, if any, have vested if no
such morigage had ■ ver lieen made.
10. If there is more than one mortgage recorded of the same ship,
h 'm
m
i 1;
ill
258
APPENDIX.
1 ;
n
tli(> mortgagees sliall, iiotwithstaiKling any express, iiuijlied, nv con-
structive notice, l»e entitled in jiriority one ov(!r the other according to
tlie (hite at which each instrument is recorded in tlie record hook, and
not according to tlu^ tlate of eai^h instrument itself.
41. A mortgagee shall not hy reason of his mortgage he det.'uied to
be the owner of a ship, nor shall the mortgagor he deemeil to have
ceased to he owner of such mortgagetl ship, except in so far as may lie
necessary for making such ship available as security for the mortgage
debt.
\'2. Kvery recorded mortgagee shall liavi' power ahsohitely to tlis-
pose of the ship in respect of wliich iu' is recorded as such, and tn
give ell'ectual receipts foi' Ihe iiureliase inoiiev : luit if there are nioi'e
persons than one recor shall, except under the otCiot of some (!ourt
capable of taking cognizance of such matters, sell such ship without
the concurrence of every prior mortgagee ; and every hill of sale,
when duly executed, shall be; produced to the projjcr Kegistrar of
Shipping, who .shall enter the particulars thereof in the record book,
and .shall endorse cm the bill of .sale the fact of such entry having
iK'cn made, with the (hite and iiour thereof ; and all liills of .sale .shall
be entered in the record book in the or in the third Schedule hereto, and containing a
OANADTAX ACT : RF/^TSTRATION OF S1TTP8. 259
stiitoiiKnit (Icsoribiiig the iiiaiuu'r in wliidi iiiid tlio ])aity U> wlimii
such ]»i'erson or jiersons entitled under such transmission in the
I'ccord book as mor^^au'ee or morti^agees of the siiip in respect of
which mudi transmission has taken place.
47. Whenever the Ijuilding of a ship which has been recorded
under this Act shall be duly complected the first mortgagee whose
claim is unsatislied may furnish the builder's certificates for such
ship, and thereupon the proper otticer may grant a certiticate of
registry under the laws in force in Canada for that puri)os(s ; and all
undischarged mortgages reeord(sd under this Act sliall Ik; by the
proper Registrar of Shipping transf«!rred to and registered under
such laws in tlie register book, in the order and according to the
priority in which the same were entered of record under this Act ;
and the temporary name used for the purposes of this Act, as abow
provided for, may be changed at the time of granting a certiticate of
registry ; and the registry of all such mortgages shall thus appear,
according to tlieir j)riority in this record book, as if *he same had
been mad(* or granted under the laws providing for the giving of
such cei'titicate of registry ; and a fresh in.itrument of mortgage
may be -canted for that purpose, according to any form prescribed
l)y law, as a substitute for any mortgage granted under this Act.
4S. In case any person who is a pai'ty to any unsatisfied mortgage
on any ship under tliis Act, takes out, or attempts to take out, a
register for such ship, at any port other than the port named on the
board in the ship yard in which such ship was built, or in the state
ment and
m
! \\
w
';.V,
: Pi
■■ I
^i li!
2G0
APPENDIX.
il
'I
he has surveyed for measiiroment to any person except the Regis-
trar of Shipping at the port at or for which lie is Surveyor, and at
which such shij) is reconlod un(hir this Act, until the Registrar of
Shipping at such port has endorsed on the hack of such certificate
either a stateni(>nt to th(f ertect that tliere is no undischarged mort-
gage on such ship recorded in liis oHice unih'r this Act, or a state-
ment of the amount and other |)articularK, and if more than one,
tlie number, of tlie undiscliaitfed mortgage or mortgages (if any) on
such ship recorded in his oliice undt-r this Act ; and every R(\gistrar
of Shi[)ping is herehy reijuired to emlorse one of such statements,
according to the facts of each case, on every certificate of measure-
ment pr(>sented to hii i for lliat purpose liy any Surveyoi- of
Shipping.
r>0. Tn case the Registrar of Ship|»ing at .any ])ort at wliich any
sliip is I'ecorded under tins Act is also Surveyor of Siiipping at or
for sucli port, lie is hereby reijuired to endorse on eveiy certificate
of survey of any ship which he has surveyed for measurement,
before he delivers the same to any person, either a statement to the
etfect that there is no undischarged ntortgage on such ship recorded
in his otHce under this Act, or a statement of the amount and other
particulars, and, if more than one, the nuuiber of the undischarged
mortgage or mortgages (if any) on such ship, recorded in his office
under this Act.
rA, The Governor in Council may establish a scale of fees for
recording ships and mortgages and other transactions, and for other
services to b(^ performed under this Act, prior to the registry of any
ship under "The Merchant Shipping Act, 1854," or any Actor Acts
amending or applying to the same.
h2. Nothing in this part of this Act shall take away the riglit of
the owner to his action of account, or such otluu- remedy as he may
have by law against the atlvancer.
.^S. This Act shall not be construed in any case in such a way as
to atl'ect the mode of executing deeds in the Province of Quebec,
Imt whenevei' the said Provime shall be conceined, deeds and
documents executed in the said Province shall be made and passed
in the form and according to the manner prescrilx'd in the sail!
Province.
PART TV.
IXSPEOTION AND CLASSIKIOATION OF SiriPS.
54. The (Joveinor in Council may make such rules and regulations
as he may consider necessary for the inspection and classification of
CANADIAN ACT : REGISTRATION OF SHIPS. 261
vessels built or registered within the Dominion of Canada, and
may from time to time alter and amend the same, and may from
time to time appoint such offieers as may be necessary to carry out
this part of this Act, and ))rescribe the duties of th(! said officers ;
and the said officers shall be under the control of the Minister of
JMai'ine and Fisheries.
.■)5. ThelJovernor in Council shall, l>y such rules and regulations,
hii.c power to establish a tal>le of fees to be paid for such inspec-
tion and dassitication, and from time to time to alter and amend
the same, and sliall havt^ power then^by to autlioriz*? the granting of
certificates of classification in such manner as may l)e therein pre-
scribed.
."lO. All rules and reguhitioiis made undi'V this part of this Act
shall be published in the Coiitnla Gdiellc.
FIRST SCHEDULE.
KOKM OF DKCLAKATION OF OWNKK OK OWiVKltS Full (IIAXCIK OF
MASTKIiS.
I (or Wv.) of {tesliknce and occnpatiun)
being registered owner {. , of in declare as follows :
I am entitled to fake a license for the ship [or vessel, an the case
mill/ 1)1 ) now in this port (or at this \>\iwr, as the case mai/ Ik), oi
which the following are the particulars :
H 4
.1
I <- ".
-pi
m
i 'M
262
APPENDIX.
Measiuenieiit.s.
Length..
Dreadtli.
iJcpth...
Feet.
Inches.
I'onnage.
Approximate toii-
""gi;
No of
Tons.
Names of Owners (or Name of Owner.)
Number of Shares liehl
by each.*
iMaster.
(or Managing Owner, or Ow ner,
as the case may be. )
l)ateu Launched.
Port of Iiituiulcil
Registry.
Intended to Measure.
Intended Tonnage and Temporary Name.
Length,
lireadtli,
Depth,
feet
feet
feet
Tonnage,
Name,
Whereas (.state that there is an account current betws",?!! Mort-
gagor and Mortgagee (describing both), and describe the nature of
the transaction .so as to show how the amount of principal and in-
terest due at any given time is to be ascertained, and the manner
and time of payment.)
Now ([or we), the undersigntHl, (describe them) in consideration
of the premises for (myself or ourselves) and (my or our) heins,
covenant with the .said (nani(f him or them) and (his oi- theirs)
ussign.s, to pay to him or them the sums for the time being
due on this security, whether by way of jtrincipal or intere'st, at the
times and in the manner above mentioned, and for b«iG
APPENDIX.
1
Teinix»rarv nanio of sliip
Where ImiMin^
Pi-oiKised ineasureTiient, lonj,'tli, ft., broadtli, ft., df[»th ft.
Proposed t(tiiiia;,'e, tons.
1 (or we), the undorsijfned (dechirant's name, description ittnl place
of hirth), ileelare a.s fctUows I am (or we are)
I (or we), declare that tlu; [tersoii appearing by the ivconl Ui»>k to
l»e the (owner or mortgagee) of th(! sliip above destaibe*! ((bUiA*: of
tran.smission) in the county of (county) on tlie day of
(nature of cause of transmis.Kion)
Made and .subscril)ed the day \
of 18 b}' the above (
named i ^
in the presence of F
CANADIAN ACT : REGISTRATION OF
SHIPPING.
40 VICTORIA.
CHAP. 19.
An Act respecting the Measurement of Steam Ship.s registierwl imrty-
one 4,"' ami such nicasmcniciit is niailc l»v ilifrcrcnt
rules and .nivcs a toniia,!^'i' (litri'n-ut from lliat nivcn l)y tlic rules ]>vv-
s(;riliO(l liy tlu; tiaul Canadian Act ; and whereas this dillerence is found
to he inconvenient ami unfair, and it is ex|iedient that tlitj sanns
rules of nieasinciuent should he used in hnlh cases : Therefore Her
iMajesty, hy and with the advice a)id consent of the Senate and House
of ( 'oinnioiis of Canada, enacts as fiiiluws : —
1. Kvery steamship registered in Canada hofore the said twenty-
seventh day of March, one thousantl eiifht hnndre(l and sevrnty-four,
and )»ie«sur(Ml for re.nistration Ity any other rules tiian those pn'-
wrihtU 1)y "The Meri'hant Shippin;!; Act, 18r)4," shall, after the
ptassia;; f f this Act, he I'e-measurecl fnr tonnage in tiu> manner and
acconJiHJu to the rules prescrilied hy ''The Meichant Sjiippiui;' Act.
18^4," ;wul, for the purpose of makinLC such re-mea«inenu'nt, tiio- Sur-
veyor at any Canadian I'oit, or any Sin'veyor appointed for the
purpose liy the ( lovernor, is herehy authorized to _n() on hoard such
xteaiMsiiip at any seasfinalile time, and the owner, master oi' olhi'ers of
the ship shall aford him the propel' facilities and assistance in makin.n
the Kanie ; and the slii]»'s tonnage ascertained hy such re-measure-
nienl shall he nuukeil as the law requires, and entered on her rcj^ister
and i',«rl«li(!ate of n^^^istry hy the rej^istrar of her port of registry, and
shall thereafter he deemeil to he her t(»nnage for all purposes except
those of " An Aet respecting the Inspection of Steand)oats and for
the greater safety of Passengers hy them," passed in the thirty-first
year of Her Majesty's reign, and the Acts in amendment thereof, —
for which last mentionetl purposes the tonnage shall remain as at
present : and on and after the lii-st day of July next, no «learance
siiall lie granted to any sucii steamship at any port in Canada, nor
shall she exercise any privilege of a Ihitish ship, or he recognized as
heing so, until she has heeii remeasuied and the tonnage so ascer-
tained has hecni entered on her register, and certiHcate of registry,
and marktul as herelty retpiireil : Provitled always, that the tonnage
dues on any such steamship sIimI! he payahle according to her present
registered tonnage until tlie 1st of duly next (1877), on and after
which day they shall he [)ayal»le according to her registered tonnage
nnder this Act.
2. Any owner, master or olli
7
¥
Photographic
Sdences
Corporation
23 WEST MAIN STRCET
WEBSTER, N.Y. MS80
(716) 877-4503
V
iV
vV
atli taken the
( )ath of Allegiance to Her Majesty, and is and continues to
be during the whole Period of his so being an Owner
resident, in some Place within Her Majesty's Dominions,
(tr if not so resident, Member of a British Factory, or Part-
ner in a House actually carrying on Itusiness in tlie United
Kingdom or in some other IMace within Her Majesty's
Dominions :
(2) Persons made Denizens by letters of Denization, or natfiratlzod
by or purauant to any Act of the Ini|)erial legislature*, or by or
jmrsuant to any Act or Ordinance of the pi-oper Legishitive
Authoiity iu any British I^ossession :
Provided that such I'ersons ai-e and continue to be during the
REGISTRATION OP SHIPPING.
369
whole Periotl of their so bcinj; Owners resident in some
Phice within Her Miijesty's Duniinions, or if not so resident,
Meniliers of a llritish Factory, or Partners in ft House
actually carrying on a llusiness in the United Kingdom or
ill some other Place within Her Majesty's Dominions, and
have taken the Oath of Allegiance to Her Majesty subse-
tjuently to the Period of their being so made Denizens or
naturalized :
(3.) lUxlies CorpoRite estitlilished under, subject to the I^iw.s of,
and having their principal Place of llusinuss in the I'nited
Kingdom or mmie ilritish Possession.
XIX. Every llritish 8hip nuist be i-egistered in manner lierein-
after mentioned, except,
(1.) Ships duly registered before this Act comes into ojieration :
(2.) Ships not exceeding Fifteen Tons IJunlen, employed solely in
Navigation on the Rivera or (.'oasts of the United Kingdom, or
on the Kivere or Coasts of some llritish Possession within which
the Managing Owners of such Ships are resident :
(3.) Ships not exceeding Thirty Tons Ilunlen, and not having a
whole or fixed Deck, and cnn»loyed solely in fishing or tra, or in tlie («ulf of St. Lawrence, or on such Portion of
tliv Coiust, of Canada, Ncjta Scotia or New iSninswick as lie
bonlering on stich (Julf.
And no ship hereby required to be registered shall, unless registered,
be recognized as a Ih-itish Ship ; and no ( )fKccr of Customs shall
grant a Clearance or Tmnsire tr) any Ship hereby retpiireil to be
nfgistered for the pur|»ose of enabling her to proceed to Sea as a
Itritish Ship, unless the .Master of swrh shij), upon Ixsing re(|uir<'d so
to do, produ(!es t«» him such ('ertiticate of Registry as is hereinafter
mentioned ; and if such Ship attem])ts to proceed to Sea as a Pritish
Ship without a ■('ieariuice or Trausin^ surh ()Hi(;er nmy detain such
Ship until such Certificate is produced to hiui.
MBAHUREMENT OP TrNNACIE.
XX. Tliroilghout the following Rules the Tonnage Deck shall be
taken to l>e the l'p|M'r heck in Ships which liave less tlian thitte
Decks, and to be tile Si'cond Merk fioiii below ill all other Ships;
and in carrying such KuIch iiilo iiU'cct all MeasiireiiicMts sliall be
taki^ii in feet or fractions of feet, and all fractions of feet shall be
expix'ssc"' Ml hecimals.
XXI. 'I lie TttiinagH of evfiy Ship to be registered, with the ex-
cepti(Mis mentioned in flie next Section, shall jtrt'viously to her being
registered be ascertained by the following Rule hereinafter called
Rule I.; and the Tonnage of every Ship to which such Rule can bo
270
MERCHANT 8HIPPIN(J ACT, 1854.
iipplitMl, whether «h(! is Al>out to he rej^istennl or not, shnll ]h> nBcer-
taineil hy the Hiiiiie Rule :
(1.) MeiiHui'c the lieii<{tli of a Sliip in n slnu^rht line alon^ the
npiKT siile of tlie Tonim<{<; Deck fi-oni the jnHide of th«' inner
IMank (aveni^e thiekneas) at the Side of the Stem to the In-
side of tlie Midship Stern Tiiiiher or I'laiik there, as the ease
may he, (avora^^e thi(;kness,) de*hi<-tin}; from this l4en;^th wliat
is tine to the Kake of the Itow in ihe thickness of tlie Deek,
and what is due to the Kake of the Stern Timber in the Thickness
of the I )e(!k, an«l also what is due to tin; Kaki! of the Stern Timber
in (hie Thinl of the Round of the lieam ; divide, the Length so
taken into the Mumber of equal Parts reipiired by the foIlo\vin<{
Table, according to the Cliujs in such Table to which t!ie Sliip
belon;^s :
TABLK.
("lass 1. Ships of which the Tonnaj^c Deek is accortUng to the
above Measurement 50 Feet long or undi'r, into l equal
Parts;
" '2. Ships of which the Tonnage Deck is according to the
abovi' nuMisurenusnt above 50 Kect long and not exce«ding
120, into 6 equal P.irts :
Class ;{. Ships of which the Tifinagc Deck is a<'cording to the
aV)ove Measuienu'nt aliove li'O Keet long and not exceetl-
ing IJSO into H equal Parts :
" 4. Shijw of which the Tonnage Dtsck is acconling to the
alM)ve M(>asuremcnt above 180 Feet long and not exceed-
ing 225, into 10 e(|ual Parts:
" 5. Ships of whi«'h the Tonnage Deck is acccM-ding to the
alM)v«' Measurement abov«' 225 Feet long, into 12 equal
Parts:
(2.) Tlnjn, the Hold being first suHiciently clen^'cd to admit of the
re'{uired Depths and Ih-eadths b(>ing properly taken, Hnd the
Transverse Area of such Ship at f the Ceiling which
is iH'tween the Hilgt; Planks and Lind>er Strake ; theu, if the
Depth of the Midship Division of the Lttngtli do not excewl
SixtwMi Feet, divide each Depth into Fcur equal Parts; then
measure the inside horizont"' Itreadth at each of the Thi-ee
Points of Division, aiul also at the up|Hir and lower Points of
the Depth, extending each Measui-ement to the average Thick-
u— 1
REGISTRATION OF SHIPPING.
271
1IUS8 of that Part of the Ci'iling which in between the Points
of M«'asurt!n»ent ; mniilM-r these Itreadths from above {i. <•.,
numbering the up|MM' llivinltk One, and ho on down to the
lowest Urea«lth) ; multi|ily thr Second and Fourth by^Four,
and the Third by Two : nth I tiu-sc Prwlucts together/aml to
the Sum ari>iuUh and the Fifth; multiply the
Quantity thus obtained l*y One Third of the common Interval
lietween the llreadth-s, and tlut Pntduct shall be deemed the
Transverse Area; but if the Midship Depth exceed Sixteen
Kei't, divide cinh I >e|)tli intit Six i'i|iial Parts insteud uf Four,
and iiteasiire as before eck ; divide this Product by One
hundred, an«l the Quotient being the Tonnage tnid(>r the Tonnage
Deck shall be deemed (o be the Uegister Tonnage of the Ship,
Hultiect to the additions an.hall be ascertained as foUows ; Measure
the internal mean l.engtli of such Space in Feet, and divide into
Two etpial Parts ; measure at the Middle of its Height Three
inside llreadths, namely, om* at ea(^h I'lnd aniie Tliinl of tlie eomiiinii Interviil iK-tweeii the llreatltiiH ;
the Prothiet will j^ive the mean hori/Miital Area of sueli Spaecf ;
then meoHiire the mean Hei<;ht, and multiply it l>y the mean
hoi'ixontiil Area ; divide the Prodiiets l»y One Hundred, and the
(Quotient shall he «|eeme«| to he the Tonnage of sueh spaee and
shall he added to the Tonnage under the Tonnage 1 >eek, aseer-
taineil as afow'wiid, suhject U) the following I'rovizoes : tii-st, that
nothing shall he added for a elosed-in Spaee solely appropriated
to the berthing of the Crew unless such Spaee exeeeds One
Tweiitic^Ui of the remaining Tonnage of the Ship, and in case of
sueh Kxeess the Kxcess only shall Im^ added ; and, secondly, that
nothing shall \tv added in respect of any building en-cted for the
Sheltcir (»f I>cek I 'assengtsrs, and approved by the Hoard of
Trade.
(5 ) If tli(^ Ship has u Thinl Deck, eumniunly called u Spar I)eck,
the Tonnuj^o of the Space between it and the Tonnage Deck
Hhall he ascertained us follows : - Measui-e in feitt the inside
l^ength of the Space at the Middl<;of its Height from the Plank
at the Side of the Stem to the Lining on the Tindn^rH at the
Stern, and divide the Length into the suuie Nunilier of equal
parts into which the Length of the 'I'onnage Deck is divided us
above dii-ected ; measure (also at the Middle of its Height) the
inuide Breadth of tlu; Spacuotient shall be deenu'd
to b(^ the Tonnage of sueh Spac(^, and shall b(> added to the
other Tonnage, of the Ship ascertained as afcu'esaid ; and if the
Ship has nioni than Three Decks, the T<»nnage of each Space
Ixitween Decks above the Tonnage Dei-k shall be severally
ascertainetl in innnner above descriln-d, and shall be added to the
Tonnage of the Ship ascertained as aloicwaid.
XXII. Ships, which, rtMiuiring to be nu>asured for any Purpose
other than Registiv, hav(^ Cai-go (»n boaitl, and Ships which, requiring
to be measured for the Puriwse of Kegisliy, cuimot he measured by
REOISTUATrON OF SHIPPINd.
273
the Kulo alMtvc K'^^'"! ••*'>all Im' iiifaxuitMl ]»y the fitllowinj,' Rul<',
hcl^'inaft('I■ culhul Kiil«> II.
(1.) MuuHurt* tliu Leii}{tli on tlit* r)>|H;r heck from tlu; Outtit of
titc (Miti'f IMaiik at tliu Stem to tlie Aftsitle ttf the Stern Post,
tleiliii^ting tlieri>fiiim tlw IliHtaiice lH*t\veen tlie AftHide of the
Stern IS.xt an for the Space
occupied hy the propelling Power, and the Amount so allowed
shall Im' deducted from the jji-oss Tonnage of tho MhipaHcortain-
ed an afores.ii(l, and the liemaiiider shall he deome.) Ah ri>frarils Ships pro|Hdled hy Paddle Wheels in which
the Tonna>(e of the Space .solely occupied hy ane liaMe t<» a Penalty not exceccl-
inj^ Oni' hundrrd I'Miinds.
XXIV. In a8certainiu<{ tlie Touna^e of op«n Ships the upp'r
Edge of the upper Strakc is to form the Boundary lane of Measure-
ment, and the Depths shall he taken fi'oni an athwartship Line,
extendeil from up|>er Edi^e to upper Edge of the said Stmke at each
Division of the Ij«»ngth.
XXV. fn every registered Itritish Ship the Numher denoting
the Register Tonnage, aseertained as hereinhefore direcUnl, and tlie
Nund>o# of her Certilicate of Registry, shall he deeply carved or
otheywipe permanently niarkee the Tonnage of such Ship,
and be repeated in cesNary to alter the ])resent registered
Tonnage of any British Ship registered befor*' this Act comes into
operatioit ; but if the Owner of any such Ship desires to have the
same remeasured according to such Rules, he may apply to the Com-
mis.sionei's of Customs for the Puipose, and such Commissioners
shall thereupon, and on Payment of such reasonable Charge for the
Expenses of Reu)ea.surement, not exceeding the Sum of St'ven Shil-
lings and Sixpence for each Transver.s<' Sectirtn, as they may author-
ize, direct such Remi'asurement to be nnuh*, and such Ship shall
thereupon be remeasured according to such Rules as aforesaid, f>r
according to such of them as may Ite applicable ; and the number
denoting the Register Tonnage shall be altered accordingly.
XXVIII. If it aiipciirs til the ( 'omiiiissiuners of ( 'ustoiiis that in
any Steam Ship measured before this .\et enmes into operation Store
Ko(»nis or Coal liiinkers have been introduced into or thrown across
the Kngine Room, so that the Deduct ion from the Tonnage on
account of the Kngine Room is larger than it ought to be, the said
Commissioners may, if they think tit, direct such Kngint^ Room to
be remejisured a(!cordinj,' to the Rules in force before this Act comes
into operation, excluding the s[>ace occupied by such Store Rooms
\
I 111!
i ill
276
MERCHANT SHIPPING ACT, 1854.
or Coal liunkei-s, or may, if the Ownc^rs so (lewire, cause the Ship to
be reDieasurcd acconling to the Rules hereinbefore contained, and
subject to the Conditions contained in the last preceding Section ;
and after Remeasurement the said Commissioners shall cause the
Ship to be Registered anew, or the Registry thereof to be altered as
the case may require.
XXIX. The Commissioner of Customs may, with the Sanction of
the Treasury, appoint such Pei-sons to sujterintend the Survey and
Admeasuremtmt of Ships as they think fit ; and may, with the Ap-
proval of the Board of Trade, make such regulations for that Purpose
as may bo necessary ; and also with the like a{>proval, make such
Modifications and Alterations as from Time to Time become nectJs-
sary in the Tonnage Rules hereby prescriljed, in order to the more
accurate and uniform A])plicatiou thereof, and the effectual carrying
out of the Principle of Admeasurement therein adopted.
RKOISTRY OF BUITISH SHIPS.
XXX. The following Persons are required to register British
Ships, and shall be deemed Registrars for the Purposes of this Act ;
(that is to say,)
(1.) At any Port or other Place in the United Kingdom or Isle of
Man approved by the Commisioners of Customs for the Regis-
try of Ships, the Collector, Comptroller, or other principal
Officer of Customs for the Time being ;
(6.) At every other Port or Place so approved as aforesaid
within Her Majesty's Dominions abroad, the Collector, Comp-
troller, or other principal Cfficer of Customs or of Navigation
Laws, or if there is no such OfHcer resident at such Port or
Place, the Governor, Lieutenant Governor, or other Person
administering the Government of the Possession in which such
Port or Place is situate.
XXXI. The (jovernor. Lieutenant GovcTnor, or other Person
administering the Government in any Firitish Possession where any
Ship is i-egistered under the Authority of this Act shall, with regard
to the Performance of any Act or Thing relating to the Registi-y of
a Ship or of any Interest therein, be considered in all respects as
occupying the Place of the Commissioners of Customs ; and any
British Consular Officer shall, in any Place where there is no Justice
of the Peace, be authorized to take any Declaration hereby re«|uired
or permitted to be made in the Presence of a Justice of the Peace.
XXXII. Every Registrar shall keep a Book, to be called " The
Register Book," and enter therein the Particulars hereinafter
required to be registered.
XXXIII. The Port or Place at which any British Ship is regis-
tered for the Time being shall be considered her Port of Registry or
the Port to which she belongs.
REGISTRATION OF SHIPPING.
277
XXXIV. Tlio following RuleH nhall be observed with respect to
the Names of Jtritish registere*! Shifm ; (that in to say,)
(I.) Before Registry the Name of each Ship ami of the Port to
which she belongs shall be painted on a conspicuous Part of her
Stern on a dark Ground in White or Yellow Letters of a
Length not less than Four Inches :
(2.) No Change shall be made in the Name of any registered
Ship :
(3.) No Concealment, Absence, oi avoidable Obliteration of the
above names shall be permitted, except for the Pur]M>He of
escaping Capture by an Enemy :
(4.) The Ship shall not be describt^d by or with the Knowledge of
the Owner or MasU^r by any Name other than the One by
which she is registered.
And for every Breach of the above Rules or any of them the Owner
and Master shall each incur a Penalty not exceeding One hundred
Pounds.
XXXV. Every Application for the Registry of a Ship shall in
the Case of Individuals l>e made by the Person requiring to be
registen;d as Owner, or by some One or more of such Persons if more
than One, or by his or their duly authorized Agent, and in the Case
of Bodies Corporate by their duly authorized Agent ; the Authority
of such Agent, if appointed by Individuals, to be testified by some
Writing under the Hands of the Ap|X)intors, and if appointed by a
Body Corporate, by some Instrument under the Common Seal of
such Body Corftorate.
XXXVI. Before Registry, the Ship shall be surveyed by a Per-
son «luly appointed under this Act ; and such Surveyor shall grant
a Certificate in the Form marked A. in the Schedule hereto, si)ecify-
ing her Tonnage, Build, and such other Particulars descriptive of
the Identity of the Ship as may from Time to Time be required by
the Boaixl of Tmde ; and such Certificate shall be delivei-ed to the
Registrar Ixjfore Registry.
XXXVII. The following Rules shall be observed with resi»ect to
Entries in the Register Book ; (that is to say,)
(1.) The Property in a Shii> shall be divided into Sixty-four
Shares :
(2.) Subject to the Provisions with respect to joint Owners or
Owners by Transmission hereinafter contnin(>e ])roduced the following Evidence :
(that is to say,)
(1.) In the Case of a British built Ship, a Certificate (which the
Builder is hereby requiretl to gmnt under his Hand) containing
a true Account of the [>roper Denomination and of the Tonnage
of such ship as estimated by him, and of the Time when and of
the Place where such Shij) was built, together with the Name of
the Party (if any) on who.se Account he has built tht; same, and
if any Sale or Sales have taken place, the Bill or Bills of Sale
under which the Shij) or Share therein has become vestetl in
the Party reraiesty's Dominions; and if su<;h Court is of
i»piniou that such iise or attenii>t at use has taken plut.'e, it shall pro-
REGISTRATION OP SHIPPING.
283
noimce-such ship, with her tackle, apparel, and furiiitme, to l>e for-
feited to Her Majesty, and may award such portion of the proceeds
arisinj,' from the salf? of such shi|) as it may think just to the officer
so bringinjf in the sauK; for adjudication.
lAll. If any rej^istered ship is either actually or constructively
lost, taken by the enemy, burnt, or broken up, or if by reason of a
Transfer tfi any pei-sonsnot t|ualitied to Ite owners of I'ritish ships, or
of any other matter or thiui,', any such shii* as aforesaid ceases to be a
jtritish siiip, every p«'rson who at the tinu> of the occurreni;«; of any t)f
tile af(»resaitl events owns such ship or any slian^ therein shall, imme-
diately upon obtaining knowled,i,'eof any such occurren(-e, if no notice
therwof has alreatlicer, shall forthwith
forward the Certificate so t'lelivereii to him to the Registrar of the
port of registry of the ship; aiid t^very owner and master who, with-
out reasonable cause, makes r'efault in obeying the provisions of this
section shall for each oll'ence incur a penalty not exceeding one hun-
ilred pounds.
LIV. If any sliip becomes tiie ))roperty of jumsous tpialified to be
Owners of IJritish ships at any t'onugn jiort, tiie IJritish Considar
Ofhcer resident at such port may grant the master of such ship, upon
his application, a provisir»nal certificate, stating —
The name of the siiip :
The time and place of her p'udiase, and the names of her pur-
chnsers ;
The nanu! of her nuister ;
The best jiarticulars as to lier tonnage, build, anil description that
he is al)le to obtain ;
And he shall forward a copy of such certificate, at tlu^ first convenient
f)pp(jrtunity, tarties claiming
under any Itaukruptcy or insolvency ; antl if such transmission has
taken place by virtue of the iiuirriagt^ of a ftnuale owner, the said
declaration shall be accompanied by a copy of the Register of such
Marriage or other legal evidence of the celebration thereof, and shall
declare the identity of th(^ said female owner ; ami if such trans-
mission has taken jJace by virtue of any testamentary instrum(!nt or
by intestacy, then in England, Wales, and Ireland the said declara-
tion shall be accom]tanied by the pndjate of the will or the letters of
administration of an otlicial extract therefrom, and in Scotland or in
any Ih-itish ])osst!Ssion by tln^ will or any coj»y thereof that may be
evitlence by the laws of Scotland or of sucii jiossession, or by lett(!rs
of administration or any C(»py thereof, ttr by such other document as
may by the laws of Scotlaml or of su(;h pt>ssessiou lie receivable in
the Courts of Judicature thereof as I 'roof of the Person entitled upon
an intestacy.
lA. The Registrar, ujion the recci[)t of such declaration so ac-
companied as afon'said, shall enter the name of the person or persons
entitled under sucii triinsiuission in the regist<'r book as owner or
owners of the ship oi share tli(!reiu in respe(;t (»f which such trans-
mission has taken place ; and such persons, if niore than one, shall,
however numerous, be consitlered as one person only as regards the
rule hen'inbefore ntaiu(Ml relating to tlu' nundter of persons
entitled to In; registered as owners.
TiXI. Of the documents hcreljy reipiired to lie produced to the
Registrar he shall retain in his possession the following: that is to
say, the surveyor's certiticiile, thi' builder's certihcate, the copy of thi!
condemnation, and all declarations of ownership.
TiXU. Whejiever any ))roperty in a ship or share in a sliip Ixieonies
vested by transmission on the death of any owner or on the nuirriage
of any female owner in any person not ((ualitied to be the owner of
British ships, it shall l»e lawful, if such ship is registtu'cd in Kng-
lund or Ireland for the Court of Chancery, if in Scotland for the
;ii'
/
286
MERCHANT SHIPPING ACT, 1854.
J!
Court of Session, or if in any Uritish |»osseHHion for uny court posses-
sing tlie principal civil Jurisdiction within such possession, upon
an application made by or on hchalf of wudi (in(|ualiiie(l person,
to onler a sale to l)e made of the property so transmitted, and to
direct tlie jiroceeds of such sale, after deductin;^ the expenses
thereof, to l)e paid to the jterson entitled inider such transmission,
or otherwise hh the court may direct : and it shall he in the discre-
tion of any such roduction of the mortgagi; deed, with a
receijit for tlu^ mortgage money indorsed thereon, duly signed anv I»y liim
t'litcn'il in tln' rrt,'ist<'r lionk, tlic followiuj,' jiarticulars ; (that is to
(1.) The names of the persons hy wlioin tlie |ioM'or nx'ntionetl in
such certiticati' is to he cxt'rfiscd, and in tht; tasc i)f a inortgaj^i-
th«* iiiaxiniuiii aiiniunt ofrhari^'t* to he crfatctl, if it is intmdnl to
fix any surh inaxiinuiii ; and in th<> rase of a sale the niininiuni
price at which a sah> is to lie made, if it is intcnilcd to lix anv
such iiiiiiimum.
(•J.) The specilic placo or jdares where nuch jiower is to he exercis-
I'd, or if i»o phice lie sitecifiod, theu that it may he exercised
anywliere, suhject to tho jiroviHioHslfrroinafter contained ;
(3.) The limit of tinu^ within wliich su«l» power may l»e exercised.
LXXVIII. No certificate of mortgage or sale shall be granted so
as to authorize any mortgage or sale to be made —
At any place within the Tnited Kinj^dom, if the port of registry
of tlie ship be situate in the Tnited Kingdom ; or at any placw
within the same Ih'itish pf»ssessi(»n if the port of registry is sit-
uate within a Ih'itish possession ; or
l»y any person not named in the certificate.
lAXlX. Certificates of mortgage and sale shall Ikmh the forms
marked respectively M. and N. in the schedule hereto, and shall con-
tain a statement of the several |»articulars hereinbefore directed to be
oitered in the register bonk, and in addition thereto an I'numeration
of any registered mortgages or certificates of mortgage or sah^ affecting
tho sliips or shares in respect of which such certificates are given.
JAXX. The following rules shall be observed iis to certificates of
mortgage ; (that is to say,)
(1.) The i)ower shall be exercised in conformity with the fWrec-
tions ctintained in the cerliiicate :
{'2.) A record of eveiy niortnage made tlu^reunder shall lit; indorsetl
thereon by a Registrar or I'.ritish Consular Otlicer :
(3.) No mortgage />o«rt_/i(/*Mnade thereunder shall be impeached by
reasons of the person by whom the power was given dying before
the making of such mortgage.
(4.) Whenever the certificate contains a specification of the place
(•r places at which, and a limit of time not exceeding twelvii
mouths within which, tiie power is to be exercised, no mortgage
b(yndji's shall Im- l)y ))ill of saii^ in th<> form li*>r<'iiilM'for«-
nientionetl, or as near tlu'rcto as circunistan<>(>s I'orniit :
(fl.) If the ship is soKl to ii party (pialitind to hold Itritish ships,
tho sliip shall ho roj^isttTcd anew ; hut notice* of all niortj^ai^os
enuineratpfl on tlic* certificate of sale, shall he enteretl in th«
register hook :
(7.) Previously to such re«(istry anew there sliall hrorU)cee considered hy
Briti.sh law as having acquired no title to or intere.st in the
ship ; and further, the party upon whoso application such cer-
I »
i !
I
i '
292
MERCHANT SHIPPING ACT, 185i.
tificato was graiit(Ml, and the persons exercising the power, sliall
each incur a penalty not excefuUng one hundred pounds :
(12.) If no sale is made in conformity with the certiHeate of sale,
such certiHeate shall V>e delivered to tlie Registrar hy whom
the same was granted ; and sucli Registrar shall thereupon
cancel it, and enter the fact of sucli i-anc-ellation in the register
hook ; and every certiHeate so eaufejled shall he void to all
intents.
LXXXII. Upon proof at any time to the sati.sfaction of the com-
missioners of customs that any certiHeate of mortgage or .sale is lost
or so oljliteratfMl as to he u.sel(>.ss, and that the {towers thereby given
have never heen exercised, or if they have heen ex«!rci.sed then upon
proof of thv(>ry Registrar or C'onsular Otlicer recording
any such notice shall thereupon state to the Itegistrar by whom the
certificate was granted, whether any previous exerci.se of the power
to which such certiHeate refers has taken place.
Refi'istrii anew, ami Transfi of Registry.
LXXXIV. Whenever any registered ship is so altered as not to
correspond with the particulars relating to her tonnage or descrip-
tion contained in the register book, then, if such alteration is made
at a port where there is a Registrar, the Registrar of such port, but
if made elsewhere, the Registrar of th(! first port having a Registrar
at which the ship arrives after her alteiation, shall, on application
made to him, and on the receipt of a certificate from the proper
REGISTRATrON OF SHIPPING.
293
Surveyor spfcifyin.u thn nature of such alteration, either retain the
ol to have such ship n^gistered anew, although
such registry anew is not required by this Act, it shall be lawful for
the Registrar of the port at which sucli ship is already registered,
T.; ^1
11!-^*
294
MERCHANT SHIPPING ACT, 1854.
' l!
j.i
i
•it
i
OH the delivery up to him ot" the existinjj; certificate of registry, and
oil the other requisites to registry, or suoh of them as the Registrar
thinks material, being duly com[»li("d with, to make such registry
anew, and grant a certificate thereof.
LXXXIX. The registry of any ship may be transferred from one
port to another upon the application of all parties appearing on the
register to be intc^rested in such ship, wiietlu^r as owners or mort-
gagees, such application to be expressed by a declaration in writing
made and subscribed, if the party so recjuired to make and subscribe
the same resides at or witliin five miles of the custom hou.se of the
port from which such ship is to be transferred, in the presence of
the Registrar of such port, but if beyond that distance in the jire-s-
ence of any registrar or of any justice in the peace.
XC. lT[)on such application being made as is hereinbefont men-
tioned, and upon the delivery to him of tlu! certificate of registry,
the Registrar of the })ort at which such ship is already registered
shall transmit to the Registrar of the j)ort at which such ship is in-
tended to be registered notice of such ap]»lication having been made
to him, together with a true copy of all particulars nslating to such
ship, and the names of all the parties appearing by his book to be
intere.sted as owners or mortgagees in such ship ; and such last-
mentioned Registrar shall, upon the receipt of such notice, etat«r all
such i)articulars and names in his book of registry, and grant a fresh
certificate of registry, and thenceforth such ship shall be considered
as registered at and belonging to such last-mentioned port, and the
name of such last-mentiom^d port shall be substituted on the stern
of such ship in lieu of the name of the port previously appearing
thereon.
XC[. The transfer of the regist.iy of any ship in manner afore-
said shall not in any way allect the rights of the s(!veral persons
interested herein as owners or mortgag•
XCII. Every person may, ui»on payiiient of a fee to be lixed by
the commissioners of cu.stoms not exceeding one shilling, huve access
to the register book for the purpose of inspection at any reasonable
time during the hours of otlicial atti-ndance of the Registrar.
XCII I. No Registrar shall lie liabh; to damages or otherwise for
any loss according to any person by reason of an Act done or deiault
made by ]iim in his character of Registrar, unless the same has
happened through his neglect or wilful Act.
XCIV. Every Registrar in the United Kingdom shall at tlie ex-
0-1
REGISTRATION OP SHIPPING.
295
piration of every month, and every other Registrar shall without
delay, or at such stated times as may bt! fixed by the Commissioners
of Customs, transmit to the custom house in London a full return
in such form as they may direct of all registries, transfers, trans-
missions, mortgages, and other dealing.s with ships which have been
registered by or communicated to them in their character of Regis-
trars, and the names of the persons who have been concerned in the
same, and such other particulars us may be directed by the said
Commissioners.
XCV. All fees authorized to be taken under the second part of
this Act shall, it' taken in any part of the; United Kingdom, be
applied in j»aynient of the general expenses of carrying into eH'ect
the purposes of .such second part, or otlu^rwise as the treasury may
direct, but if taken elsewhere shall be disposed of in such way as
the Executive (Sovernment of the ilritish po.s.session in which they
are taken may direct.
XCVT. The commisioners of customs shall ciiuse the several fdiiiis
required or authorized to be used by the second part of this Act, and
contained in the Schedule hereto, to be supplied to all Registrars
within Her Majesty's Dominions for distribution to the .several per-
sons requiring to use the same, cither free of charge, or at such moil-
(irate prices as th(!y may from time to time direct, and. the .said com-
missioners, with the consent of the board of trade., may from time to
time mak(! such alterations in the forms contained in the Schedule,
hereto as it may deem recpiisite, but shall, before i.ssuing any altfrcd
form, gave such public notici- thereof as may be nece;^sary in order to
prevent inconvenience ; and the said critish ship to ])ass, witlnjnt heiiij,' previously re^dstered, from
one 1 tort oi plaee in Her Majesty's Honiinions to any other port or
l)laee within the same, it shall he lawfid for sueii connnissioners or
Governor or other person to i^rant a [tass aeeordinL;ly, and sueh pass
shall for the time and within the limits therein nn-ntioned have the
same eil'e(!t as a ccu'titicate of re,L;istry.
XCIX. If any ])ersi»i interesteil in any sliip or any share tlicreiii
is, l)y reason of infancy, hinacy, or titlicr inahilily, iiK apahlc of mak-
ing any declaration or doing anything required or ]iermitteil liy this
A<'t to he made or done hy such inca]ialile person in lespcct of icL;is-
tiy, then the guardian or conuiiitlec!, if any, of siicli incapahje |icrson,
or, if there he none, any [lersfin appoint(Ml hy any court or judge pos-
sessing jurisdiction in res]K'ct of llic, property of im-apahle persons,
upon th»! petition of any person (»n hehalf of such incapahle ])erson,
or of any other person int(.'rested in the making such declaration or
doing such tiling, may make .such declaration, or a dechiration as
nearly correspomling thereto as circumstances perndt, and do such
thing in the name and on liehalf of such incapahle jicrson ; and all
Acts done hy such sulistituti; shall he as effectual as if done hy the
jierson for whom he is Huhstitute owned in whole or in ]»art
by any ]>i'rs<>u not entitled by law to own Jh'itish ships for the
jniriMtse of niakini,' such sliip ajipear to be a llritish ship, sui'h
ship shall be toileited to Her Majesty, uidess suvh assumption
has been made for the j)urpose of escaping captur<^ by an enemy
or by a foreign shij) of war in exercise; of some belligerent right ;
and in any jiroceeding for enforcing any such forfeiture the
bunlen of proving a title to use the I'ritish Hag and assume tlxi
I'ritisli National character shall lie ujioii the person using and
assuming the same :
(2.) If the nia.ster or owner of any IJritish sn'p does or ])ermits to
lie f a misdemeanor.
(.'i.) If any nmpialilied jierson, excei-t in the case of such trans-
nutted interests ,1:^ are hereinbefdiv mentioned, actpiires as owner
any interest, either legal or lienelicial, in a ship using a llritish
fiag and assuming a Itritish character, such interest shall be
foifeited to Her .Majesty :
(I.) If any jiersnn i>\\ behalf of himself or any other person or body
of persons, wilfully makes a false declai'atioii toucliing the
(pialilicatioii of hiiiisi If or su<'li other pf^'son or body of persons
to own Itritish ships or any share therein, the declarant shall
be guilty of a misdemeanor ; and the ship or share in respect of
whi"h such deej.iiatiou is made, if the same has not been htrfeifed
uuiler the foregoing provision, sliall, to the extent of the interest
tiierein of the person making the declaration, and, \inless it is
shown that he had no authority to make the sanu", of the parties
on behalf of whom such declaration is mad<', be forfeited to Her
Majesty :
Anil in onler that the iibove |)rovisions as to forfeitures may be car-
ried into effect, it shall be lawful birany commissioned ollicer on full
pay in the military or naval .seivice of Het Majesty, or any l)riti.>ritish Consular < Mlicer to boaid any such ship or
boat, anil to take away such .lack, Colors or Pendant : and such .lack,
Cohu's, or I'endant shall be forfeit eii to II cr Majesty.
(3V1. Whenever it is declandl by this Act that a shii) belonging
to any ))erson or body corporate or by any perso^is belonging to lier, such ahip shull
\\\\y
REGISTRATION OF SHIPPING.
299
be tk'iilt witli in the same manner in nil respects as if she were a
recognized Jiritisli ship.
ICvii/eiirr.
CVII. Every reji,ister of or (Icclanition niatle in pnrsiiance of the
second part of this Act in respect of any i'.ritish shiji may he proved
in any court of justice, or ])efore any person having hy law, or liy
consent of parties aiitliority to receive evidence, either hy the pro-
duction of tluf original or hy an examined copy thereof purporting
to be certified under the liand ol the Registrar or otln-r jterson
having the charge of the original ; whirji certified copies he is
hereby required to furnish to any pcrsiui applying at a reasonable
time for the same upon payment of our shilling for each such certified
copy ; and every such register or (!opy of a i^gistt-r, and also every
certiftcato of legistry of any Jlritish ship, ]»urporting to be signed by
the Registrar or oth(;r proper oHicer, shall \n' received in eviden(!e in
any court of justice, or bi^fore any jierson having by law or by con-
sent of parties authority to receive evipoint a new NIasti'r in his stead ; and may also make such order,
and may reipiire sucli security in respect of costs in thi' matter, as it
thinks tit.
Merchant Shipping Act Amendment Act,
1855, Sec. 9 to 15.
18 AM) 19 VICT., (JAP. 91.
IX. Any person who, in any dechiration made in the piesentM^ of
or prodnced to any Registrar of Shipping, in pursuance of the sec-
I -
300 MERCHANT SHIPPING ACT AMENDMENTS.
oncl part of the Morcliant Shipping Act, 1851, or in any dociimonts
or otlier cvidtMice prothicod to such llfyistrar, wilfully makes, or
assists in niukiii!,', or proeures to lie made, juiy false statement con-
cerning the title to, or the ownership of or the interests existing in,
any ship or any share or shan's in any ship, or who utters, pro-
duees, or niakt^s use of any declaration or ilocument containing any
Hueli false statement, knowing the same to !«; false, shall be guilty of
a misdemeanor.
X. Sliares in ships register(>d under the said Mercliant Shi))ping
Act, 1S.54, shall he deemed to he included in the word "stock," as
defined hy tlici Trust(?e Act, 18^0, and tiie provisions of such last
nuaxtioned Act shall Ix; applicable to such shares accordingly.
XT. In any case in which any bill of sale, mortgage, or otlier in-
strument for the disposal or transfer of any ship or any share or
shares tlienun, or of any interest therfiin, is made in any form or
contains any particulars other than the form and jtai'ticnlars pre-
scribed and approved for th(> ])nrpose by or in pursuance of the Mer-
chant Shipping Act, 18.'')4, no Registrar sliall bo i-equired to record
tlie same without the express direction of tlie commissioners of Her
Majesty's customs.
Xn. U]>on the transfer (tf tli(> registry nf n ship fcom one port fo
iinother, the certiticate of registry re([uir('(l liy the nineteenth section
of the ^Merchant Shipping Act, 18.')1, tii lie deiivcrcil u]i for Hint
purpose may 1)e delivered up tn tlie Hegistrar of eitiier iif sucli ]uirts.
XII]. The Commissioners of Ciislduis may, M'itli the consent of
the Hoard of Trade, exempt any pleasiiii' ^'a(■ht from the provision
contained in tlu' tliirty-fmirlh section (if tlie .Merchant Shipping Act,
18.')I, which rc(|uircs the name of every slii|i ami ]i(irt to which slie
belongs to be painted ou her .stern.
XIV. The owner nf any ship which is me.isuri'd innicr rule 11.,
containeil in th(! twenly-seiMind section nf the Merchant Shipping
Act, 18.54, may at any siiliseipu'nt pcrind applv to tiie (,'(iinniisioners
of customs to have the said ship rcmcasurcd u.nler rule I., contained
in the twenty-lirst section of the .-aiiie .Vet, and the said connnissinii-
ers thereupon, and ujton payment n|' such fee nut exceeding seven
shillings and sixpence fur each transvei'sc section as they aiitliorize,
d'''\'i< ,.!"^ said ship to be remeasuretl accordingly, and the inimber
(I iio.'.ig t,|;.' n-gister tonnage shall be altered accnriiingiy.
XV The copy or tran>rejudice to th<( provisions contained in the
said Act relating to tiiff exclusion of unqualitied persons from the
ownership of JJritish ships, ecpiities nuiy l»e enforced against owners
aud mortgagees of shi|ts in respect of their interest therein, in the
sunuj n anner as eijuities may be (>nforced against them in respect of
any other personal projjeity.
4. ^Vny body corporiiti.' or ])ersons huving power to levy tonnage
rates on slu|)s niay, if Ihey think tit, with the consent of the I'xiard
(if Trade, h'vy such titnuiigc rates ujion the registered tnnmige of tlie
sliijis iis deteruiined by the rules for the measurement nf tonmige fnr
the time being in force under the Principal .Vet, inilwithstanding
that the J/ical Act or Acts under which such rates are levied provides
for levying the same upon some dillbrent system of tonnage uuiasure-
ment.
Act to Amend Merchant Shipping Act.
:5l AM) :5:) \'\C. CUAV. C.X.
Sec. 12. ( )u iuid iifter the first day of .biiiu.ny, iS7'_', llie •_'.'» and
;M- secti(Uis of the Merchant Shipping Art, ls.">l. and tlie JiUh section
of the Merchant Shipping AnnMidment Ad, t^-")"), shall be re[iealed.
Merchant Shipping Acts Amendment.
:Ui A.NIt .'.7 VIC, CllAl'. l..\X.\V.
Pn'liiiiin(ti\i/.
1. This .\et may be cited as tiie Menhant Siiippin- Ait IS?."..
2. Tliis .\et shall lie construed as one with the .Merchant Shipping
Act, l^oi, anil the Acts amending the same, and the said Acts and
y i
302 MERCHANT SHIPPING ACT AMENDMENTS.
this Act may be- cited collectively ing Acts, IHrti to 1873.
An owner or master of a British ship who neglects to cause his
shij)s to be marked as aforesaid, or to keep her so marked, and any
person who conceals, removes, alters, defaces, or oblittirates, or suf-
fers any person undtjr his control to conceal, remoV(!, alter, deface, or
obliterate any of the said marks, except in the event aforesaid, or
(ixcept for the purpose; of escajiing capture l»y an enemy, shall for
each ott'ence incur a penalty not exceeding one hundred pounds, and
any oflicer of customs on receipt of a certificate from a surveyor or
insjiectpr of the Hoard of Trade that a shij> is insulliciently or in-
accurately marked may detain the same until the insufficiency or in-
accuracy has been remedied.
Provided that no fishing vessel duly registered, lettered and num-
H-1
■m
MERCHANT SHIPPING ACT AMENDMENTS. 30.1
ben'cl in pursuancu of tht^ Sea Fisheries Act, ISGS, shall Itis n't|uii»'(l
to have her iiaiix^ ami port of it\i;istiy markcMl umlfi- this st'ction.
Provided also that if aiiyre}j;itt'i«'(l ISritish ship is not within a
j)ort of the Unit»>d Kinydoin at any time before the tirst day of
January one thousand ei;,dit hundred and seventy-four, she shall he
marked as l>y this seetion reipiired within one month after her noxt
return to a British ]>ort of registry suhse(|uent to that date.
4. The record of the draught of water of any sea-going ship re-
quired under section tiv«> of the Merchant Slii[)i)ing Act, 1S71, shall,
in addition to'the jiarticulars therelty retpiired, specify tht^ extent of
her clear side in feet and inches.
The term " clear side ' means the jieight from tJit; water to the
upper sid a foreign ship immediately
before becoming a llritish ship, uidess with tin; peiniission of the
itoartl of 'Pi'fide granted in manner directed by scctinn six nf the
Merchant Shipping Art, ISTI.
Any person who acts nv suilers any pcrsdu under his control tn act
in contiavtmtion f)f this section shall Ibr each oll'enci' incur a penalty
not exceeding one lnindrcliip siiall imt be rc-registercd until she has,
at the expense of the applicant fnr regist latinn, been sin\eycd by one
of the surveyors aiipointcd by tiie llnard nf Trade and ccrtiticd \>)
him to he seaworthy.
22. If husband of any llritish ship hav(! rea.son,
owing tn the non-appearance nf s\ich ship, or to any other circum-
stance, to appreheml that suidi slii[> has been whitlly lost, he shall, as
304 MERCHANT SItlPPlKG ACt AMENDMENTS.
soon as conveniently may be, send to the Boatd of Trade notice
in writing of such loss and of the probable occasion thereof, stating
the name of the ship and her official number (if any), and the |)ort to
which she belongs, and if he neglect to do so within a reasonable time
he shall incur a penalty not exceeding tifty (lounds.
30. There shall be pfiid in respect of the several measurements
inspections and surveys mentioned in the third schedule hereto such
fees, not exceeding those s|iecified in that behalf in the said schedule
!i8 the IJoartl of Trade may from time to time determine.
r.oc
MERCHANT SIlirPINCi ACT, 1854.
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MERCHANT RHIPPING ACT, 1854.
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349
FORM Q.
BUILDKRS CERTIFICATE,
Port op St. John, N. B., 8th April, 1875.
I, David DeLong, Sliipbuilder at St. Martins, New Ilrunswick,
do hereby certify that the Sailing Vessel " Chaudos," of 630 22 100
Tons Register or thereabout!*, having a Round Stern, Billet Head,
Two and half Poop Deck.s, and fitted with Three Masts Ship rig-
ged, was built by nie at my yard in the year 1875, and launched on
the 20th day of March, 1875, * on account of William Johnston,
Sixteen Shares ; Charles Laird, Thirty-two Shares, and Samuel
Percy, Sixteen Shares, all of St. John, New Brunswick, Mctrchants.
Her dimensions are as follows, viz. :
Extreme Length feet tenths.
Extreme Breadth feet tenths.
Depth in hold in Midships feet tenth.s.
[Signed]
W. DkLON(J,
Shipbuilder.
w.m
.--ji.
* Statu the natnea fif the Owners in fnll, with their places of residence}
occupations, and niuubor of shares held l)y each.
m
ii '«'
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!(ii
550 MERCHANT SHIPPING ACT, 1854.
FORM R.
Ap[)lication for R(!yistry of a Sliij. wliiili may be ustnl nrulfr the
35tli Section of tlio jMf^rdiaut Sliipinng Act, 185-t,
St. Joux, N. 11, lOtli April, 1>»75.
To ti)o Registrar of Sliip])ing,
St. John, New Brunswick.
Sir, — I liori'witli liand yon a lUiildcr'.s Certiticatc, l^iirvcyor's
C.;rtitioato, and Declaration of Ownerwhi]) for the Ship "Ranian"
which has been liuilt liy Mr. David Munroe, at his yard at Long
Reacli, Kin,i;s Coiiiiiy, New i'.iiinsw ick, for ns. .Vnd re<|n('st tliat
yon will u;rant registry for In-r in our nimies when all llir wiiuisitcs
oi' the Law have lici'n cdi ,j)lic(| with, \ i/,. :
dames Artliur l^nny, 'J'ra'h-r, l''(nir sjiarew ; Thomas Wjiitc,
Meu'hant, i^'our shares, lidth of St. < Jcor^e, Charloite County, New
lirnnswick : William AHicrt Turrnr, Me: ; :.,vnt, Thirty! wo shares ;
John Wisliart Pelirs, Clerk, and Frederick Cltiment.-y .Master
Mariner, Joint Owncis of I'liyht sliaics ; Xatlianicj J>oone, JjTimln'r
Sui'veyor, Si.Kteen shares, all of St. dohn, New Brunswick,
Her flimension.s are as follows :
Len,<,'th, 211 feet •_' tenth.s.
P.readth, ?>'.) feet 1 (rnlli.
.Dejitli, •_';'. fret i) IcnMrs.
an.oo
o'-or 200 tons and not exceeding 400 tons 4.00
over 4(H) tons ami not i xcoeding 1 ,000 tons .-,.00
over l,0(KUons ,j"^j
I t
I 'III I
! !
I!
Ij I
I
352
SEAMAN'S WAGES ACT.
SEAMAN'S ACT, 1873.
CHAP. 129, 3G VIC.
SECTIONS API'IAINC To INJ.AND WATKKS.
M(tI)K dl" liECOVKUINf; WA(;KS.
52. Any seaniaii or ;i])]>i'('nti(,'<' Iji'loimin^ to iiiiy sliip rc-istd'cd in
citlier of the said jirovinci's, m- any pcrsnii dnly antiinrizcd nn Ins
Ixdialf, may sue; in a ."iininiary manner liofnic ;iiiy jiidi^e of tlic ses-
sions of the peace, any judge of a <'oiiiity eourt, stipendiary magistrate,
police magistrate, or any two justices of tlie )i(.'aee acting in or near
the ])]a( lit wliicli tlie service lias It-rminatcMl, oi' at which th(^ seaman
or ajjprentice has heen discharged, or at whicii any master or owner
or other person upon whom thf! claim is made is or resides, for any
amount of wages due to such si-aman or appri;ntiu\\\ to he niiulc
to Inm or lliem by such seaman or apiin^ntiee, nr on his Indialf,
simnuon such master or owner, or other pei'son to appeal' hefore him
or tlieiii to answer sucli eomplainl.
5."^. I'pon iippeariince of such ma.ster or owner (or in ilefaiilt there-
of, on due jiroof of his having heen so summoned) sut-li iiidge, niiigis-
iiaie, or justii'c may examine upon tl eoalii of tjie icspedive witiii'sses
of the jtarti(!s (if there lie any), or upon i lie nnih of eitiier of the.
piirties, In case one of the piirtie- should reipiire such oath from the
otliel, hefore SUcIl jlld^e. Iiiml;! -I rale or JUsliee.-, tollcllilie tile eolii-
pliiint and iiiiioiinl of wnges due, .nid m.iv make such nrder j'nr the
payment ihereof, as to Mhh jiidgi- "".agist rate, or jii->tiees appears
rciisoiiahh' mid just; and any order maile liv such judge of the
sessions of tlie peace, juilge of a < .ainty eoiirt, stipeiidiaiy niagistiiiti-,
police magistrate, or justices, shall lie linal.
51. Ifsiieh order is noj nheyed within twenty four hours next
after the inaUiiig thereof, sueh jmlue. maeistiate. or jiislncs. may
issue a warrant to le\y the aiiioiinl t to tie- locality, for a time not I(>ss than one, nor more than
three months, uiuler each such coiKh'miiatioii.
56. No suit or proceodini^'s for tli.' roeovory of wages under the
sum of two hundred dollars shall he instituted hy or on hehalf of any
seaman or apprentice hejonging to any ship re.^istercMl in either of the
said I'rovinces in any Court of \'i.'e Admiralty, or in any sujierior
court of rer-onl either in the said Provinces, unless the owner of the
ship is insolvent within the nieanini; of any Act respecting insolvency,
for the time heinu in force in ( 'anada, or unless the ship is' under
arrest or is sold hy the autlioi'ity of any smth court as aforesaid, or
uidess any judge, magistrate, or Justices acting under the authority of
this Act. refer the case to he adjudged hy such court, or unless
neither tin- owner nor the master is or resides within twenty miles of
the place wiiere the seaman or apprentice is discharged or put ashore.
T)?. If any suit for the rec'oveiy of a seaman's wages is institute(l
against any such ship or the master or owner thereof, in any Court of
Vice Adniindty rir in any Court of Record in eithcu- of the said Pro-
vinces, ami it appears ti> die court, in the course of such suit, that
tin' plaintiff nii;^ht have had as ell'ectual a remedy for the recovery of
liis wages, hy coiii))!aint to a Judge of the sessions of the ]ieaci'. Judge
of a cminty cotirt, stipendiary magistrate, police magistiate, or two
Justices of the peace uiider this Act, then the Jmlge shall certify to
that eil'cct, and thereupon no costs shall lie awai'ded to the plaiiitill'.
■)X. No se unan hcloiiging to any ( 'aiiailiaii foivi'^n sca-'_;oing ship,
wlut is en;^aged for a voyage or engagement w liicli is to terminate
in either of the saiil I'mvinces, shall he entitled to sue in any court
ahiia I foi wages, unless he is discharged with sui'h sanction as herein
iea
'A I
'. i'.j
"i 1
m
354
SEAMAN'S WAGES ACT.
his wages sucli coiniMnKsation luit excoctliiig (^iglity (loUarsas tho court
hearing the case thinks rtiasonalih!.
51). Every master (jf a sliip registoreil in eitlier of th(^ said Pro-
vinces, sliall, so far as the case jHiniits, liave tlie same rights, liens
and remedies for thi; recovery <»f his wages, wliicli liy this Act or liy
any hiw or custom any seaman, not 1>eing a master, lias for the re-
covery oi his wages ; and if in any iiroceeding in any (Jourt of Vice
Admiralty, or court possessing admiralty ,jurisdicti(jn in either of the
said Provinces touching the claim of a master to wages any right of
.set-f>ff or counter claim is set u)), it slnill he lawful for such co.irt to
enter into and adjudicate^ upon all and House of Commons of Canada, enacts as follows :
1. Notwitlistanding anything (;outained in the Act made and jiassed
in the forty-second year of ller present Majesty's reign, chaptered
forty, and intituled " .\n Act to amend ' 'i'he Maiatinif Jurisdit tion
Act, 1S77,'" a right or remedy iv inn for the wages iu:<'ruing afte'
tlie passing of this .Act, of seaim n and (.tlii'i persons employeil oi
board a sliij* on any river, lake, canal, or inl.md wat.-r of which thi*
wliole or part is in the I'ntvince of ( )ntario, may lie eiiforciMl against
the shiji under "The .Maratiiiie .luris(lif his
wa.u'es so soon :is under his contract of service, or hy law, his ri,i;ht of
ai'tion attcrnes.
4. I'lie seconil section of the Act, forty-second Victoria, cha[iter
forty, aforesaid, i.s herehy repealed.
5. The word " ship " shall, for the purposes of this .Act, inchulo
every desciiption of vessel nsed in navigation not propelled hy oars.
SEAMAN'S ARTICLES.
^1
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A.t,
the
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the
)ws :
isseil
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or
the
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,-, to
•it(!d
38 VICTORIA.
CHAP. 29.
An Act to extend certain provisions of " The Seamen's Act, 1S7^,"
tu ve.s.sels employed in navi.nating tin' inland waters of Canada.
[Afsfiiteil toStJo April, ISTH.^
WIIKRKAS "The Stamen's Act, lS7:5"does not apply to the
InlamMVaters of tlie I)ominion; and whereas under tlie
))rovisions of section twenty- of that tonnage or upwards trading from any jiort
or pliice in any Province to whi<'li ihesaiil .\ct applies, to any other
port or ]ilace in the saiiu' i'lovince, is retpiired to I'Utcr into an agree-
ment with seamen wlmni lie I'ariies as Ids crew ; and whereas it is
expedient that masters of (pertain P.ritish ships navigating the inland
waters aforesaid, not recpiired eitiicr hy the said se(;tion twenty-six nv
hy section twenty-seven of the said Act to enter into an agreenu'nt
with the seauieii whom they carry ,is part of their ciews, sliould he
reipiired to e iter into such agn ement : Therefore !ler Majesty, hy
w^
356
SEAMAN'S ARTICLES, itc.
and with tho ailvico and (■(niscnt of tlic Scimto and Ilonsp of Com-
mons of Canada, enacts as follows : -
1. This Aft may he ritod for all laii'iioscs as "The Seamen's A^ri'e-
ment Aet, ISTT)."'
2. In th»! eonstnietion and for IIk; ])iir|inscs of lliis Act, (if not
ineosistent with the context oi' snhject- matter) tlie following words
shall have the resiiectivc nieanin.Ljs licreinafler assigned to theia, that
is to say : —
"Ship" shall include i.-very description of vessel used in navigation
not propelled hy oars ;
"Master" shall include every jierson (except a i»ilot) having coni-
mand or chaige of a sliip ;
" Seamen " shall include every ])erson (except masters and pilots)
employed or en,i,fa;^t'd in any capacity on hoaid any ship ;
"Consular ollicer " shall include Consul Ceneral, Consul, ajid Vice-
Consnl, and any person for the time hein.if (liscliar^iuL; the ihities of
Consul Ceneral, Consul or \'ice-( 'onsnl ;
"The Minister" shall nu'an tlie Minister of Marine and Fisherie-^ :
"Shijts sul)ject to the jtrovisions of this Act " shall include every
ship registered in ('anada propelleil liy steiun and of more than
twenty tons, regist(;red tonnage, or pro])elled otherwise than liy steam
and of more tlian lifty tons registered tonnage, and employed in
navigating the iidand wattei'sof (Janada aliove the harhourof (jMiehec; :
ProvidcMl that this Act shall not apply to Iiarges and scows navigating
rivers and canals.
3. The master of every ship sid)ject to the jtrovisions of this Act,
shall enter into an agreement Avith eveiy seaman whom he carries as •
ono of his crew, in the manner hereinafter mentioned ; and every
such agrcH'Uient .diall he in the form of the Schedule A, annexed to
this Act, or as near thereto as cireumstanees admit, and shall he dated
at the tinu^ of the first signatures thereof, and shall Iks signed hy the
master hefore any seaman signs the same, ami shall contain the fol-
hnving jiartieulars as terms tiiereof, that is to say: —
1. 'i'he uiiture and, as far as practiealde, the duration of the in-
tended voyage or engagement ;
'2. The inimhei' and description of the ( rew, s])ecifying how many
are engaged i\.. ;;iloi's ;
'.\. The time id which each seauian is to he un hoanl or to hegin
work ;
Tl e capacity in which each seaman is to serve ;
pildts)
1(1 than
steam
I'd ill
lei ICC :
-a ting
ly the
lie flll-
hc ill-
many
licL;iii
SEAMAN'S ARTICLES, &c
357
'). Tlie amount nf waives which each seaman is to receive ;
<). Any rc,L,nilatii)ns as to cnnchict oil lioaid, and its to tines, or other
hiwfiil iiunisiimeiits for miscoiuhict wiiidi tlic parties agree to aihipt:
And evi'iy such agreement- shall lie so framed as to admit of stipu-
lations, to lie ado|ited at the will nf the masti'r and seamen in each
case, as to advances, and may coiilain any other stipulations wliich
;ire not iMiiitrary to law ; and every such agreement must he made and
signed in presence of a rcspcctahle witness, or a shipping master or
chief ollicer of customs, who shall atti'st each signature on such agree-
ment. And any seaman avIio has signed any such agreement may at
the termiiiatiiJii of his eiigageiiieiit, if the master thinks lit, he dis-
charged hefore any shijiping master or chief oHic(!r of customs in
Can li ; and at any jieriod during any such engagement, and liefon;
its termination, it shall he lawful hir the master to discharge any such
seaman on payment v otherwise, shall enter into and si^n the same in the
manner hereinliefoit! leipiired ; and every person engaged thereunder
when dischargeil may lie discharged in the manner hereinliefore
provide(I (nv.
5. If Hi any case the lua.ster of any ship sulijecl to the |ii'ovisioiis
of l\{\> Act, carries anv .seaman as one of his crew without entering
into an agivenieiit with him, in the hirin and manner and at the place
and time in suth ertse re(|uired, such inaslei shall, for eai'h sueli
oU'eiice, imiir a piii.ill\ iio| r\ieediiiL; t weiily dollars.
6. I'.veiy erasure, interlineation oi' altiiatioii in any such agreement
wilh si imeii as is reijuiitd li\ tliis .\ct, (e\ce]it adilitioiis so made for
shipping sulistitiites or pei .ins engaged suhscipieiilly to the lirst
de|iartuiv of the sh'p) shall lie\Ulol|y iliopeial i \e, unices proverili.-li ( 'ousular ollicer, or where there is
no such othcer, of two lespectalile witiK'sses.
■■i I
^T-
III ii I
t i
m
358
SEAMAN'S ARTICLES, &c.
7. Kvt'i'v jii'i'son Avlio fraudult'iitly altia-s, assists in fiainlnlt'iitly
altering, or itrncuvcs to Im- fraiKluIcntly alturt'd, or makes or assists in
making or in'ocures to be made, any false entry in, or delivers, assists
in delivering, or jtrneiires to he d<'liverod a false copy of any agree-
ment nnder tiiis Act, shall for each such oileneo he (leenR>(l guilty of
a misdemeanor.
8. Any seaman may liring forward evidenei' to ju'ove the contents
of any agreement under this Act or otherwise to supiMtrt his case,
without i»roducing or giving notice to jiroduce the agreement or any
copy thereof.
9. .\ny seaman who lias sigueil ai\ agreement under ihis Act, and
is afterwards dischargeil herore the commencement of the voyage, or
liefore one nioiith's wages are earned, without fault on his pai't justi-
fying such discharge and Avithout his consent, sliall he entitled to
receive from tlm master or owner, in addition to any wages ho may
have earned, due compensation for tiu-, damage thereljy causetl to liim,
not exceeding one month's wages, anss lie is discharged with the wiitten consent
of the luaster or proves such ill-usage o". the jiart of the master or by
his autluirity, as to warrant reasonable ,i[>pi'ehension of danger to the
life of such seaman if he were to remain on boartl ; but if any seaman
on his return to Canada jiroves that the master (ir owner has been
guilty of any conduct or default which, but for this enactment, would
have entitled the seaman to sue for wages before the termination of
the voyage or engagement, he shall be entitled to recover, in addition
to his wages, such compensation, not exceeding eighty dollars, as the
court hearing the case thinks reasonable.
15. The master or owner of every ship subject to the provisions of
this Act, shall, at all times when required so to do by the Minister or
by any perst)n in that behalf duly authorized by the Minister, or
by any inspector of steamboats or custom house ollicer or olHcer of
river {)olice, [)roduce and exhibit to the Minister or to such j)erson
authorized by him, or to such inspector of steamboats or custom house
officer or officer of river police, any agreement then in force and sub-
sisting between the master of such ship and the seamen whom he
carries as his crew ; and every such owner or master who fails to
comply with the requirements of this bcctiou shall thereby incur a
penalty of twenty dollars.
DISCIPLINE.
16. Any master of or any seaman belonging to any ship subject to
the provisions of this Act, who, by wilful breach of duty, or by mjglect
of duty, or by reason of drunkenness, does any act tending to the
immediate loss, destrui-tiou or serious damage of such ship, or tending
immediately to endanger the life or limb of any person belonging to
or on jboard of such ship, or who, by wilful breach of duty, or by
reason of drunkenness, refuses or omits to do iuiy la-wful act proper
and retjuisite to be done by him for jireserving such ship from im-
mediate loss, destruction or serious damage, or fo;'' i)res(!rving any
person hel.nging to or on board of such siiii) froui yiiiii' diate ihmger
to life or }indj, shall for every such (tffi'Uce bt^ dt/emed guilty of a
misdeme^mor.
17. Whenever any seaman, who has been 4awfully engaged or
bound to any ship subject to the provisions of tails Act, and has duly
'Ai
' 'm
-,^
m
360
SEAMAN'S ARTICLES, &c.
;i,
signed an agrooniont as icriuiivd by tin's Act, cdnnnits any of the
following oflbncos, ho shall h» liabh; to \n- ])iinish('(l sunuiiarily as
follows, that is to say : —
1. For (lesei'tion hv shall ho liable to imiirisonnicnt for any pcriotl
not loss than four wooks, and not exceeding twelve weeks, with hard
labor, and also to forfeit all or aJiy part of the clothes and eti'ecis he
leaves on boanl, and all or any part of the wages or eniolunients which
he has then earned, and also, if such desertion takes jilace abroad, at
the diser(!tion of the «'ourt, to forfeit all or any jiart of the wages or
emoluments he may earn in any otht'r ship in which he may be em-
jtloyed until his next return to either of the Provinces of Ontario or
C^)uebec, and to satisfy any excess of wages jiaid l>y the master or
owner of the shij) from which he deserts to any substitute engageil in
his ])lace at a higher rati; of wages then tiit^ rate stipulated to be paid
to him ;
3. For neglecting or refusing, without reasonable cause, to join his
ship, or to proceed on any voyage in his shi]), or for alisence without
leave at any time within twenty-four hours of the ships sailing fiom
any ]>ort, either at the commencement or duringing tin.' progress of
any voyage, or for absence at any time witlmut leave and witliout
sutticient reason from his ship or from his duty not amounting t't
desertion, or not treated as such l)y the master, lie shall be liabh; to
imprisonment for any period not less than four weeks, and not ex-
ceeding ten weeks, with or without hard labour, and also, at the
discretion of the court, to forfeit (mt of his wages a sum not exceeding
the amount of two days' pay, and in addition, for every twenty-four
hours of absence, either a sum not exceeding six days' ])ay, or any
expenses wlii(;h have been properly incurred in hiring a substitute.
3. For quitthig the ship without leave after her ariival in her [nni
of delivery, and before she is placed in security, he shall be liable to
forfeit out of his wages a sum not exceeding one luoiitli's ])ay ;
-1. For wilful disobedience to any lawful conniiand, he shall be
liable to im])risonnient for any ptM'iod not less tlian two weeks, ami
not exceeding four weeks, with oi' without liaid laboui', and also, at
the iliscretion of the court, to forfeit out of his wages a sum not
exceeding two days' pay ;
5. For contimuMl wilful disobedience to lawful commands, or con-
tinued Avilful neglect of duty, he shall be lial>le to im])ris()nment for
any period not less than four weeks, and not exceeding tw(dve weeks,
with or without hard laboiu', and also, at the discretion of the court,
to forfeit, for »>very twenty-foui' hours' continuance of such dis-
obedience or neglect, either a sum not exceeding six days' pay, oi' an}'
expenses which have been properly incurred in hiring a substitute ;
Jmdim
IIS
SEAMAN'S ARTICLES, &c.
361
G. Vnv assaulting,' any ninstci or mate, lie shall Ik; liable to ini-
prisdnnuMit for any jicriod not loss than six wc^eks, and not t-'XCtuiinL;
tuclvi' weeks, with hard laliinu ;
7. Ki>r condiininj; with any dthcr or others of the crow to disobey
lawful coinniands, or ti> nej;lect
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Hiotographic
Sciences
Corporation
23 WEST MAIN STREET
WEBSTER, NY. USSO
(716)«7a-4S03
I
362
SEAMAN'S ARTICLES, &c.
Provinces of Ontario or Quebec, on the ground of his having
neglected or refused to join or proceed in any sliip in which he is
engaged to serve, or of having deserted or otherwise absented him-
self therefrom without leavf, such court may, if the master or the
owner or his agent so requires, instead of committing the oft'ender to
prison, cause him to proceed on board for the purpose of proceeding
on the voyage, or deliver liim to the the master or any mate of the
ship, or the owner or Iiis agent, to be by them so conveyed, and may,
in such case, order any costs and expenses, properly incurretl by or
on behalf of the master or owner by reason of tin; otlence, to l>e
paid by th(^ oflender, and, if necessary, to ho dedueted from any
wages which he has then earned, or which, by virtue of his then
existing engagement, he may afterwards earn.
20. If any seaman is imprisoned in either of the said Provinces,
on the ground of his having neglected or refused to join or to pi'o-
ceed in any ship subject to the provisions of this Act, in which he
is engaged to serve, or of his having deserted or otherwise absented
himself therefrom without leave, or of his having committed any
other breach of discipline, and, if during such imprisonment, and
before his engagement is at an end, his services are required on
board his shij), any justice may, at the request of the uiaster or of
the owner or his agent, cause such seaman to be conveyed on board
his said ship for the purpose of proceeding ox\ the; voyage, or to be
delivered to the master or any mate of the ship, or to the owjier or
his agent, to be by them so conveyed, notwithstanding that the
termination of the period for which he was sentenced to imprison-
ment has not arrived.
21. Whenever a question arises in either of the said Provinc(!S
whether the wages of any seaman belonging to any ship subject to
the provisions of this Act, are forfeited for desertion, it shall be
sufficient for the party insisting on the forfeiture to show that such
seaman was duly engaged in or that he belonged to the sliip from
which he is alleged to have deserted, and tliat he quitted such ship
before the completion of the voyage or engag«'ment ; and thereupon
the desertion shall, so far as relates to any forfeiture of wages or
emoluments und«'r the provisions hereinbefore contained, bo deemed
to be proved, uidcss the seaman can produce a proper certificate of
discharge, or can otherwise show, to the si'tisfaction of the court,
that he had sufficient reasons for leaving his ship,
22. Whenever, in any proceeding in either of the said Provinces
relating to seamen's wages, it is shown that any seaman belonging
to any ship subject to the provisions of this Act, has, in the courstf
of the voyage, been convicted of any ollence by any competent
tribunal, and rightfully punisheear8 ^le whole time spent in the voyage ; and if the wliole time
spent in the voyage does not exceed the [teriod foi which the pay is
to lie forfeited, the forfeiture shall extend to the whole wages or
share.
2^. All clothes, ett'ects, wages and emoluments which, under the
provisions hereinbefore contained, are forfeited for de.sertion, shall
be applied, in the first instance, in or towards the i-eimburaement of
the expenses occasioned by such desertion to the master or owner of
the ship from which the desertion has taken place ; and may, if
earned subsequently to the desertion, be recovered by such master,
or by the owner or his agent, in the same manner as the deserter
..ligiii, have recovered the same if they had not been forfeited ; and,
n any legal proceeding relating to such wages, the court may order
the same to be paid accordingly ; and subj(;ct to such reimburse-
ment, the same shall be paid ty the Receiver fjeneral, in such
manner as the Minister may direct, to form part of the Consolidated
Revimue Fund in Canada ; and in other cases of forfeiture of wages
under the provisions hereinbefore contained, the forfeiture shall, in
the absence of any specific directions to the contrary, be for the
benefit of the master or owner by whom the wages are payable.
26. Any question concerning the forfeiture of or deductions from
the wages of any seaman, belonging to any ship subject to the pro-
visions of this Act, may be deterrained in any proceeding in either
of the said Provinces lawfully i'lstituted with respect to such wages,
notwithstanding that tli<; offence in respect of which such (juestion
arises, though hereby made punishable by imprisonment as well as
forfeiture, has not b«'en made the subject of any criminal proceeding.
26. If any seaman, on or before being engaged in either of the
said Provinces, in any ship subject to the i)rovisiona of this Act,
fully and fraudulently makes a false statement of his own name,
he shall incur a penalty not exceeding twenty dollars ; and such
l»enalty may be dedu(!tt!d from any wages he may earn by virtue of
such engagement as aforesaid, and shall, subject to n'iud)ursenient
of the loss and expenses (if any) occasioned by any in-evious
l\\
364
SEAMAN'S ARTICLES, ic.
desertion, be paid and applied in the same manner as other penalties
payable under this Arf.
KXTICINli TO l>i;SKI!T AXI» IIAIM'.or l!IN»i ItCSKKTI-liS.
27. Every person who, by any nufans whatever, persuades or
attempts to porsuade any seaman, l)(>lon<;:in month and not
(■xeeediiii; y.ix months ; anle to imprisonment, with hard
labor, for a period not less than one month and not e.xceedinj^ six
months, and for a second, or any subseipu'nt oji'ence, for a period not
less than two months and not exceedini; twelve months.
niAXCJK OK MASTKI!,
28- If, durin„' the progi-ess of a \oviV!j:e, the master of any ship
subject to the provisions of this .\ct, is superseded in either of the
said Provinces, or, for any other reason, (piits the ship and is sue
ceeded in command by some other person, he shall deliver to his
successoi- the certilicate of registry and the \arioiis documents i'(dat-
ing to the navigation of the ship, and to the crew tlnTcof which are
in his cu.sdody, and shall, in detaull, incur ii penalty not exceedinij
four hundred dollars.
I.KO Al, I'lKH'f.Dl I!!..
29. The time for institutini: suuimaiy proceedings under this .Act,
shall b(> limited as follows th.it is to siiv :
No conviction for any olleiu-e shall be made in any summary |»ro
ceedini,' under this Act, unless such proceeding' is connneiiced within
six months aft<'r the commission of the oll'ence, op it' lioth or either
of the i)arties to such proceedini,' liappm, diniiii,' such time, toiteout
of either of the said Trovinces, oy not to i.e within the jurisdiction of
any court capalih; of deuiinu with the case, unless the same is
commenced within two months after tliey l)(»th lirst happen to arrive
or to be at one tiiiK" within either of the .said I'lovinco.s, or within
such jurisdiction :
No order for jMiyment of mraiey shall b
proceeding under this Act, unless such
niade in any summary
piucceding is conunenccd
SEAMAN'S ARTICLES, &c
365
?r penal tieH
s,
ii'suadoH or
) sulijct't to
31' to (It'scrt
for tlic iirst
prisoiiiiu'iit
li .111(1 not
,snl»s('i|u<'nt
Urisoniiicnt
lis and not
y liiirliours
liip, Of wlio
jf oi' liavini;'
■ l!V«'iy Miuli
t, with liaid
ccT'tMlinj^ six
I period not
»f any sliip
itlier of the
and is sue
vcr to his
icnts rclat-
whittli ait'
cxcccdiiii'
•r this Art,
inniaiy )»ro
Mrcd within
li or cithi'i-
ic, to lie out
isdiftion ot'
saiiif is
•II to arrivi'
;, or witiiiii
y snnniiary
couimenced
:#
»-
M
witliin six months after the cause of complaint ansos, or if both or
cither of the parties happen, durini,' such time, to he out of either
of tho said Provinces, unless the same is commenced within six
months after they both first hai)[)en to arrive or to be at one time
witliin cither of the said Vrovinc(!8.
30. AH penalties imjiosed by this -Act may be recoveivd, with
costs, befort! any Justice of th(! Peace, upon the oath of one credible
witness other than the informer, and shall be |)aid over to the Re-
ceiver (Jeneral, to !te disposed of as th»? (iovernor in Council may
direct, (except in th(^ case [n-ovided for in the next following section,
in which only j)art of th(i penalty shall be so paid over and diSjiosed
of,) and in case of non-payment, shall bt^ levied l)y distress and sale
of the otremler's j,'oods and chattels, iiy warrant under the hanil and
seal of such .lustict; of the; Peace, directed to a constable or other
peace otlicer : and the overplus, if any, aftei- deducting the penalty
and costs of suit, together with the expenses of the distress anil sale,
shall be returned to the owner ; and for want of suflicient distress,
tlu^ oH'ender shall be comniitted by warrant under the hand and seal
seal of the justice, to the common gaol of the locality, or if
there be no common gaol there, then to that common gaol
wliuh is iK'arest to that ly irrtionai or otherwise
into any of Her Majesty's superior courts of record ; nntl no warrant
of commitment under this Act shall be held void by reason of any
d(;fect therein, provided it is therein alleg(>d that the party has been
1 and valid conviction to sustain the
>iivicted, and then; is a goo*
e(
same
33 Any one of ller Majesty's Justices of tho Peace, at any port
fit
366
SEAMAN'S ARTICLES, &c.
or place in either of the said Provinces, on complaint before him by
the oath of one or more rnnlible witness or witnesseB, that any sea-
man under this Act is concrjaled or necreted in any dwelling-house
or out-house, oi- on l)oard of any ship, or elsewhere, shall j,'rant a
warrant under his hand and seal, addressed to a constable or «ron-
stables there, connuanding him or them to make diligent and im-
mediate search, in or about such dwelling-house or out-house, or on
board such ship, or such other place or places as shall be s|)ecitied in
the warrant, and to bring before him every such seaman found con-
cealed, whether named in the warrant or not.
34. «Vny police otticer or eonstabh* requi»*ed under the provisions
of this Act to give assistance to the master or any mate, or the
owner, ship's husband or consignee of any ship in apprehending,
with or without a warrant, any seaman duly engaged to servu in
such shij), and neglecting or refusing to proceed to sea theivin, or
being found otherwise absenting himself therefrom without leave,
may, at any time, enter into any tavern, inn, ale house, beer house,
seaman's boanling house, or other house or place of enteiiainment,
or into any shop or other place wherein licjuors or refreshments ai-e
sold or reputed to be sold, whether legally or illegally, or into any
house of ill-fame ; and any person being therein, or having charge
thereof, who refuses, or after due suumions fails to admit such
police ortioM' or constalde into the same, or oilers any obstruction t<)
his admission thereto, shall incur a penalty of not less than ten
dollars nor more than fifty dollars for every such ollenco.
35. This Act shall not come into ellect until the firsfc day of
January, A. !>., 1^>7G.
>~1
ire him by
it any sea-
ling-house
,11 ^vaut a
ole or rou-
it and ini-
tuse, or on
pecitied in
found con-
pro visions
ate, or tho
reliending,
to serve in
thfit'in, or
liout leave,
jeer house,
itaimwent,
limonts ai"9
)r into any
iiig char and riaee of Di.scl
sm-!i Slii|).
Date.
PLACE OF SKINATITRES AND DESCRIPTIONS OK Sli^STTTrTES.-
\oTK. — Any lirasiire. Interlineation, or Alteration,
Ih tiiis Ayn-onu'irt, cxee{)t in the case of SulMtitntea,
w^ll \m void, inik'SH attested by some Sliippiiij^ Master,
Olficor oi CiMtums, Consul, or Vici'-Consiii, or otlier
rcspuctable witnesses to he made with the oonHcnt of
tihti pertious interested.
SDTJLE .A^,
ICLES. FOR A CANADIAN SHIP
ECT TO THIS ACT.
N(i OWNKR.
MASTER.
Date tiudr\tu>i o( Signatuie of AjLtreeinent including
Nawe of Shipping Oiiioe.
Address.
Name.
No. of Certiticate.
Address.
II lioanl tilt; said .sliip, in th« sisveral capacities ex (H'cssed against tlioii* respective names on a voyage
[(•lit ill tlicii- icsji'-tivc diititi.s, and to l»e obedient to the lawful coniinands of the said Master, or of
i .iiiil (..'iifu'o theii'df, wlii'ther on hoard, in boats, or on shore ; in considemtion of wiiich services to
|>ri'.ssiKl, iUMi ti> Slip;)! y tinMii witli provisions accoidiiig to the usual custom ; And it is hereby agreed,
inr out ni" tiie Wuyis ol the person guilty of the same ; And if any person enters himself as qualified
i> a^^aeed that
■^ Here tlic voyage in to be described, and tliq
'))kwvi» named ut wliicli the lihip in to toiiuli, or if
tlMft cannot Ih; done, tlie general nuture and pro-
l>a.bl{> length of the viiytige is to ho tttatcil.
'' Here Ktate prohi»l)K,' nuture of Ship'.s eiiiploy-
iin-iit. or nature of voyage und perioil of enguge-
iit^it.
(^ Here any other .stipulations may \>e inserted
iij wiii<;h tht- piirtiea niuy agree, und whiuh are
itit' contrary tu luw.
tinned.
I lav of
18
Date and PJaee of l)iseharge from Datti and Place of joining In what capacity
siicli Sliip. j this ship. engaged; and if Time at .'- Amount of Waj^^s Shipping Master's
Mate, No. of lii^Vwhich he is to 1mi per Caliender Month, or Witnesses,
certificate on board. Share, or Voyage. ; Signature.
Ditic. j Place. Date. j Place. | (if any). i
J
cts.
4^
L)F srilSTITUTKS. Notk. Here the entries are to be made as a!»ove.
I (leclare to the truth of the entries in this
Agreement,
Mastbu.
I i
II
REMOVAL OF WRECKS, Ac
367
REMOVAL QF WRECKS &c.
CHAP. 29, 37 VIC.
■ \t
All Art for tlic riMiioViil i.f oLstiuctioiis, by wreck and lik« ciiuscs, in
Niivi^Ml»l»5 Waters of Caiuida, anil other purposes relative to
wrecks.
w
[Assented to 2G//« Mat/, 1874.]
IIKKKAS it fre(|iiently liappens tliat the navi-^ation of the
rivers and 111 lier waters nf the Doniinioii, is ohstruetetl l»y
wreeks and other ohstacles hereinafter mentioned ; for r».'in(Mly tliereoi'.
Her Majesty, l)y and with the advice and consent of the Senate and
Mouse ((f Commons of Canada, exacts as follows : -
1. Wlninever in the opini(»n of the Minister of Marine and Fish-
eries, the navij^atioH of any river, lake, liay, ereek, harlxair, or other
navij^'ahli! water over which the jurisdiction of the Parliament of
Canada extends, is olistnicUMJ, impeded or rendered more dilHeult or
danj^erous by reason of the wreck, sinkinj; or lyinjf ashore or {fnmnd-
in-f, of any vess(d or craft whatever, or of any part thereof, or other
tliinj^, and whatever the cause of such oltstruction occurred before or
after the passing' of tliis Act, tiien if such obstnK^tion continues for
nuue than twenty-four hours, Iho said Minister may, un(\" the
authority of an order of the (lovernor in (,'ouncil, cause the, stme to
be remove;f nl' iiny vessel cuniury penalty imposed l)y this Act shall he recoveralde
and payment thereof enforced in a summary manuer, with costs,
liefore any two .lustices of the I'tiac.e, or any magistrate, having tin?
Jiower of two justices, under the " .Act respecting duties of .lusti(;es
of the Peace, out of sessions, in relation to siunmary convictions and
owltu's ;" and (Hie moiety of such )»enaltv shall belong to the ]»rose-
( iitor and the other moiety to the ('rown for the pultlic uses of the
Dominion, unless the same he n^wtvered »»n the evidence of such
prosecutor alone, in which case the. whole shall belong to the (,'rown
fur the uses aforesaid.
4. The Minister of Marine and Fisheries may appoint any ollicer
of the (lo\erument of Canada liy his name or title of oliice, and with-
out otherwise naming or designating him, to make the ent[uiry men-
tioned in the first four sectii>ns of the Act passed in the. Session held
in tin? thirty-second and tiiirty-third years of Her Majesty's reign, and
intituled " An Act respecting in([Mirius and investigations into .ship-
wrcM'ks and other matters," and such ollicer shall then have and
l)erform all the jiowers and duties assigned hy the said Act to any
principal ollicer of Customs or other person appointed for the like
purpose hy the saiy steam
or otliorwi.se, and whether useil as a sea-going vessel or on inland
waters only.
CHAP. 30, 4:) YICT.
An Act to amend the law respecting the removal of ohstnictions in
navigable waters hy wrecks.
'[Afsenleil tollh Maif, ISSO.]
IX aiiiendiiKMit of the Act passed in the thirty-s(!venth year of lier
Majesty's reign anerson having command or
charge of any vessel ;
The word " Vessel" includes every description of vessel used in
navigation ;
The word "Tackle," used in relation to a vessel, includes all
furniture and apparel ther(!of ;
The word " (loods," includes wares and merchandize of every
descriiition.
Apiolntittent of Runveis of ]Vre<'l^H,
4. The Minister of Marine and Fisheries shall, throughout Canada,
have the general .superintendence ing casualties; and tlie (ioveriior may, from time to
time, appoint any ollicer of the customs or, where it appears to him to
he more (Convenient, any other person, to ho a Receiver of WriMrk, (i>i
this Act refernul to as K(!C('iver); and may from lime to time, remoV(!
any Ketceiver, and may from time to time, hy mdcr in council, estah-
lish, alter or aliolish districts for tlic pui'pdses of tliis Act, and assign
a district to any Heceiver, and may vary sucli district from tinn; to
time ; and may from time to time make and vary regidations for the
conduct of I{e(;eivei*, suhjcct to the provisions of this .\c|,. And if,
at any time, there he not any Kecciver appointeil for any district in
which the ("ity of (,»ueltec, or the ("ity of Halifax, or the City of St.
.lohn is inchided, then the Agent of tiic hcpartment of Marine and
Fisheries at such City shall he the Kecciver for such district ; and if,
at any time, there he not any IJcccivcr appointed for any other
district, tlien the princijial oHiccr of Customs at the principal port '
such district, shall he the receiver for such district.
in
A Receiver acting in execution of liis duties, in pursMaii »f
Act, shall have all tiie same powers and autlioriti
tl
IIS
I |irincipal
officer of Customs or other person acting or appointeil under th
"Act respecting impiiries and investigations into shipwrecks and
other matters," jmssed in the session lield in the thirty-second and
thirty-third year of Her Majesty's ivign, .haptcr tliiiiy -eight , and
any person wilfully impeding a Receiver in the exeiiitioii (»f his duty
or making default in ap[tearing or giving evidence hefore him, shall
.V
REMOVAL OF WRECKS, &c.
371
lio sTibjoct to tho like iwiialtios as if the Kocoiver were a principal
otticer of Custoius or other person actiii'^ or appointed under the said
Act.
Vi'ssi'ls Wircked or in hibtreas.
5. Where any Uritish «ir t'oreij;n vessel is wrecked, siran«led or in
distress at any place within the limits of Canada, the Receiver shall,
upon lieiiij^- luaile actpiainted with such stranding; ot distress, forth-
with i»roee,e(l td such place; and ujion his arrival theie he shall tak«(
the command of all persons present, and shall assij^n s\ich duties and
issue such direelions t.u each person as he thiidvs lit for the jtreser-
vatioii of such vessel, and ctions of the Receiver shall incur
a p(!nalty not exceetling two hundred dollars :
Provided always that nothing,' in this Act shall he construed to
authori/v the Keceiver to tak(^ chari^e of any sliip, cargo, or nuvterials
contraiy to the expressed wish of the master or owner of .such ship or
caigo, or of their aj^ent.s.
6. The Receiver may, with a view to the ])reservation of the vessel,
or of th(! sliipwrecked per.sons or wreck, do all or any of the foll(>wing
thing.s, that is to say, —
(1.) Retpiire such persons as he thinks necessary to assi.st him :
(2.) Reipure tlie master of any vessel near at hand, to give s)ich
aid with his men, or vi'ssel as may he in liis ]»ower :
(;i.) |)emand the use of any waggon, cart, hor.ses, tackh', ropes or
appliances that may he near at liand :
Antl any person refusing, without reasonalile cause, to comply with
any such reipiestiou or demand, so niaih- as aforesaid, shall, for every
day on which lie refuses, incur a penalty not exceeding twenty dollars.
7. Wiienevei any vessel is wreckeil, strautleil or in distress within
the limits of Canada, all |»ersons may, for the purpose of rendering
assistance to such vessel, or of saving the lives of the shipwrecked
persons of any wreck, uidess then' is some puhlic road etpially con-
venient, pass and repass, either with or without carriages or horses,
over any adjoining lands, without heing suhject to interruption hy
the owner uv occupier, so that they do as little damage as possihle ;
and may also, uii the lik(^ conditinn, deposit on such lands any wreck
.saved.
r
i
!
372
REMOVAL OF WRECKS, Ac
All (lania<,'o that may bo susilained by any (urncror occupier in con-
scquenct! of any ssucli jiassin^ or rcpassinj^ or dt-jMisit us aforesaid shall
be a cliarj^'c on the, vessel (tr wreck in respect i>f or by which such dain-
a^'e was oi^casioiied, and shall, in default of payment, be recoverable
in the same mjinnerassalvaj^c is by this Act made recoverable ; and the
amount payalile in respect thereof shall, in case of dispute, lie deter-
mined in the. same manner as the .iniount of salvage is liy this Act,
in case of ensation shall be. recoverable in respect of damage U> any
j{ate, wall, fence or other obstruction which may have been unreason-
ably ere(;ted or placed Ity such owner or occupier so ast.» impeth' such
l>assinv liuvt liy rea.son of such I'esistance, such Re-
ceiver and other jierson are hereliy fully iiideninilied as well against
ller Maj(!sty as against every persou so maimed or hint, and thc^
re|»resentatives of any person so killed.
9. Whenever any vessel is wrecked, stranded or in distress within
liie limits of Ci-nada, any |ierson not being a Receivei, or a |)erson
acting for or under the the orders of a Receiver, who, without the
•
REMOVxVL OF WRECKS, .tc.
373
leave of the master of such vessel, einU-avours to board the same, may
he repelled hy force ; and tlu; niiistcr and any person uiith^r his orders
so repelling such person by force are hereby indemniKed for ho doin}^.
10. AVhere a Receiver is not present, llui following otHcers or
}»ersoiis in succession, eacli in till! absence of tlie others in the order
in whi(!h they are named, (that is to say,) ajiy principal oftieer of
customs, fishery oMicer, or stipendiary magistrate on board of any
vessel belonging to oi in the servii-e of the (Jovernment of Canada,
and emi>loyed in the service of ju'otecting the lisheries, olticer of
inland revenue, sherill', justice of the peace, commissioned oHicer on
full ]»ay in tlu; naval service of Her Majesty, or commissioned oHicer
on full )iay in the military servi(;e, of Wv.v Majesty, or light house
keeper employed by the (lovernment of Canada, may do all matters
and things by this Act authorized to be done by the Receiver, fcu' the
preservation of vessels, shipwrecked persons and wreck, with this
e.\c(!ption, that, with respect to any wreck, the delivery of wdiich to
the Receiver is hereby reipiired, any oHicer or person so acting shall
be considered as the agent of the Keceiver, and shall place the same
in the custody of the Receiver ; ami he shall not l)e entitled to any
fees |tayabl(^ to Receivers, or be deprived by reason of his so acting of
any right to salvage to which he wonlil otherwise be eiit'tled.
Any person ater thiidxslit.
Anv peison taking possession ol' wreck within the limits of Canada,
who
(I.) Kails to deliver the same to the Keceiver, in jtursuance of this
section, or who
(IJ.) In a case wlieie the Minister has dispensed with such delivery
upon any conditions, does not eitlier comply with siicli conditions
or deliver the wreck to snili Receiver as soon as possibli', —
shall i'orl'cit nny tlaiin to salvage, und shall he lialije to pay as a
penalty donhle the \alne ol' such wreck, and a further sum not exceed-
ing I'our hundred dollars.
12. Mvery Iteceiver shall, within forty-eight hours after taking
possession of any wreck, ihum' Io be posteil up in the custom house
374
REMOVAL OF WRECKS, &c.
iioarest to tin; place where such w r(>ek was fouiul or was seized by
him, or (h>liverc»l to hiiu, a description of the same and of any marks
by whicli it is distinj^uished ; ami sliall also transmit a sinnlar de-
scription to the Ministei of Maiiiie ami Fisheries, who may give such
puldicity to the. same as he may see lit.
13- The owner of any wreck in the possession nf tii(> Receiver,
npon estahlishing his claim to the same, to tiii' satisfaction of the
^linister of Marin*; and Fisheries, within one year from tlie time at
which such wreck came into the p<»s.sessiun of the Kecejver, shall,
iipou [)aying the salvage, fees and ex))enses due, Ik; entitled to have
such wreck or the proceeds thereof delivered up to him or hi* agent ;
and where any such wreck is proved, to the satisfaction of the
^linister of Marine and l''islieries, to belong to a foreign owner, the
Consul fleneral in ( !anada of the country to which the <»wner of sut;h
wreck belongs, or any consular olli(;er of that tiountry authorizeil in
tiiat behalf by any treaty or arrangement with such (tountry, shall,
in the absence of the owner or his agent, be (hu-med to be the agent
of the owner, so far as relates to the custody and disposal of the
wreck.
14. With respect to the sale of wreck the following provisions
siiall have eil'ect ; that is ti> say,
(1.) Where in the npiniou of the Keceiver it is fur the advantage
of all parties In sell wreck in his cusludy or where such wreck
consists of goods of a dangerous nature, he may sell the same ;
and the ]troceeds of such sale, after defiaying the expensi's there-
l
>os-
islieil a claim
I it, such wreck, if unsold, sliall be sold hy such persons .iiid in siicl
aimer iis the Minister of Marine and Fisheri
es iii;iy direct
Hid
tla; imuu-eds thereof, nfter payment of expenses, costs, b'es and sal-
vage, shall be paid over to the Receiver (ieiieral, to form part of the
Consolidated Keveiiui' Fund of Canada.
I:
f.1
n-l
1
REMOVAL OF WRECKS, &c.
375
16. Uprm delivery of wreck or payment of the proceeds of wreck
1)y a Koceiver, in pur.suance of tlie ]>iovisi()ns of this Act, .such Re-
ceiver sliall he discharged from Jill liahility in respect tliereof ; hut
such delivery or ])aynient shall ii)i amount of the wreck or proceeds in ipiestion, in the
district of such Receiver, may, on the application of such Receiver or
of any of such persons, summon such ))erson Itefore it ; and may hear
and adjudicate upon their claims, ami may make such order between
the parties in respect thercMtf, and of the costs of the ] )rocee(linj,'s, as
to such court may secnu tit ; and such order nmy b(> enforced in like
manner as any order made in any suit ]n'ouj,dit in the same ctmrt.
Murine ktore Deali'is.
18. Every person dealing in, buying and selling any of the articles
following, that is to say,— old anchors, cables, sails, junk, or iron, or
marine stores of any kind, shall conform to the following regulations,
in addition to those prescribed by section one hundred and ninc'of
the Act ]iasse(l iu \\\r session ludd in the thirty-second and thirty-
third years of Her Majesty's Keign, chajtter twenty-one : -
(1.) lie shall have his name, together with the words " dealer in
marine stores," distinctly painted, in letters of not less than
tliiee, inches in length and two inches in breadth, on some con-
spicuous ]»art of each warehouse, shop, store or place of deposit
belonging to him :
(2.) He shall keep a l>ook or liooks fairly written, and shall enter
therein an account of all such articles as he may from time to
time become possessed of, and a statement in respect of each
article, descril)ing the cliaracter thereof and any marks tiiereon,
and at the time at which ami the person from whom he pur-
chase(| or received the s.iiiie, and a description of the. business
and place of abode of sneli pei'son :
(3.) He shall at all times, when reiiuired liy the Receiver for the
disti'ict in which he carries on Imsiness, whether or not the Re-
ceiver has a warrant for search or inspection, produce and deliver
up to the Receiver every Inick kept in piu'siiance of tlie pro-
visions of this Act, and shall allow such Ue(;eiver to inspect and
take copies of th(( same :
And every person making default in observing the regidations
aforesaid shall for the first oii'eiice inciu' a penalty of not more than
forty doilais ; and shall for eveiy subsequent ollence incur a penalty
of nut mori! than two hundred dollais.
*
376
REMOVAL OF WRECKS, &c.
Ojl'i'uce!' in respect of Wreck.
19. Kvory ]ku's()u who doi-s within tl)e limits of the Dnminioii of
Ciuuwhi any of the acts following,' ; that is to say, —
(1.) Prevents or iniiteih's or endeavors to prevent (»r impede any
shipwrecked person in liis eiKh'avor to save liis life, or j>revents
or impedes, or emleavors to ]>revent or impeile any ])erson in his
endeavor to save the life of any shipwrecked i)erson ;
(2.) Prevents or impedes, or endeavors to prevent «r impede the.
saving of any vessel which is wrecked, stranded, ahandonod, or
in flistress ; or prevents or impedes, or endi^avors to prevent or
impede, any person in his endeavor to save such vessel ;
(3.) Steals or maliciously d(!stroys any wreck ; or
(1.) Sells any vessel or wrecik found within the limita of the
Dominion not havinjj,- a lawful title thereto, —
Shall be deemed to be K'^ii'ty "'f felony, and on convi(ttion thereof,
shall be liable to be imprisonetl in the Penitentiary for a term not
exceeding seven years, nor less than two years, or to Ite imprisoned
in any other gaol or place of imprisonment for any time less than
two years, with or with(»ut hard laltour.
20. Every person who does within the limits of the Dominion of
Canada any of the acts following ; that is to say, -
(1.) P>oards any vessel which is wrecked, stranded or in distress,
against the will of tlie master, iinless the person so boarding is,
or acts by command of the Ke(;eiver ;
(2.) Assaults any Receiver or any persun acting as a Receiver in
the exercise of his duty for the jtreservation or assistance of any
such vessel, or of wreck, uv assaults any person a(,'ting bv com-
mand of a Receiver in the exercise of his iluty as aforesaid ;
(3.) Prevents or impedes, or endeavors to previMit oi impede the
saving of any wreck ;
(4.) Secrets any wreck, or defaces or oltliterates the marks thereon,
or uses means to disguise th(> Jact that it is wreck, or in aiiv
manner conceals llie cliaractcr thereof, or the fact tliat the same
is such wreck, from any person entitled to impure into the same ;
(T).) Receives any wreck, kmtwiug the same to Ite wreck, from any
person other than tlie owner thereof or the l{eceiver, and does
not within forty-eight luairs inform the Receiver thereof • ov
(0.) (Mlers for sale or otherwise deals with any wreck, iy any ))erson to the lleceiver,
the infoi'mer shall be entitled, by way of salvage, to such sum not
exceeding eighty '« ''ars as the Jleceiver, under instructions from
the Minister of Min -v " of INIarine and Fisheries may allow.
23. Where services are i...idered witliin the limits of tlie Do-
minion of Canada in saving life from any vessel, there shall be pay-
able to the salvor by tlu^ owner of the vessel, freight, cargo, stores
and tackle, a reasonable sum for salv.age and expenses, in ]»riority to
all other claims, if any, for salvage ; and in cases where such vessel,
stores, tackle and cargo, are destroyed, or the value thereof, with
the freight, if any, is insufficient, aftei- payment of the actual
expenses incurred, to pay the amount of such salvag(\ the Minister
of Marine and Fisheries may, in his discrtition, award to tlie salvor,
out of any funds at his disposal for that purpose, such remunera-
tion as he thinks fit.
24. Where, within the limits of flio Dominion of Canada, any
vessel is wrecked or abandoned, stranil-d or in disticss, and services
are rendered by any person in assisting such vessel, and where ser-
vices are rendered as aforesaid by any peison in saving any wreck,
there shall be payable to the salvor iiy the owner f)f sutli vessel or
wreck, as the case may be, a reasonabu' amount of salvage, includin,"'
expenses properly incurred.
Procedure in i^ahuKje,
25. Disputes as to salvage, whether of life or property, shall, in
Canada, be heard and determined as follows, and not otherwise
that is to say, —
(1.) If either the amount claimed does not exceed one hundred
dollais, or the value of the property liable or alleged to be liable
for the salvage does not exceed two hundred and lifty dollars,
or if the parties consent in writing, tlu; dispute shall be h<'ard
and determined by the Receiver of the district where the scr-
REMOVAL OF WRECKS, &c.
379
vices were reiKlcnMl or whcio the property liaMo is at the tiinft
of tlu; making of the claim ; aiul his award nhall includn (vch
au'l costs. But if any j^arty fticis aj,'i,'ri(nod hy tho award of
the Kcceiver aforesaid, the party so a<,',irrieve(i may appeal to
tlio Minister of Marino and Fisheries, within thirty days after
tlie decision of the Receiver from which the appc^al is made : —
Provided always that the appellant shall within seven days
after the cause of appeal has arisen, give notice to the other
party and to th<; Receiver of his intention to aj»peal, and of the
ground of such appeal ;
(2.) In other cases, tlie dispute may Ik; heard and determined hy
any court having jurisdiction in civil matters to the amount
claimed, or valms of the property liahle, in the place where the
servi(,'es were rendered, or where the property is at the time of
making the claim ;
And if in any suit or proceeding for salvage in any court tlie claim-
aint recovers an amount less than the maximu)n amount which might
he claimed before the Receivei', then, unless the court certify that
such suit or proceeding was unfit to be determined by the Receiver,
the claimant shall have no costs, charges or expenses incurred by
him in the prosecution of his claim, and shall pay to the other party
audi costs, charges and expenses, if any, as the court may direct.
For the purposes of this section, the amount claimed shall mean
the amount claimed in the ]»roceeding or suit before the Receiver,
or in the court in which the suit or proceeding is taken ; and the
value of the property liable shall mean the value of the property
when tii-st brought into safety by the salvors.
26- Any dispute as to .salvage, where the services have been ren-
dered and such dispute arises in Canada, may be heard and deter-
mined, on the application either of th(^ salvor or of the owner of
the property liable to the claim for salvage, or when the pro|ierty is
in till ••us'ody of tin: Rei-eivcr, on liis application ; and where no
proceediUj^s have b(!en brought by the salvor, the osvner Tiiay make
applicatioTi us aforesaid to the Receiver or court having Jurisdiction,
according to the valuta of the property liable.
27- Wher<.' any dispute; as to salvage ai-ises in Canada, the Receiver
of the district where the property liable is, shall, on the application
of either i»arty, appoint a vahua- to value such property, and shall
give copies of the valuation to both parties ; and any copy of such
valuation, purjwrting to Im; signed l)y the valuer, and to be certified
as a true copy by the Receiver, shall bo admissible as evidence in
any 8ubse<|uent proceiiding, and shall, for the purpo.se of giving juris-
diction in .salvage, be conclusive; evidence of the value at tlie time of
such valuation ; and there .shall be j)aid in respect of such valuation
such f(!e, not exceeding the fees specified in the schedule to this Act,
380
REMOVAL OF WRECKS, Ac.
as tlio Miiiistor of >rarin(! and Fisliorics may from time to tini«
direct.
28. A Recoiver may seize any property found within liis district
and allf jjed to be liable for .salvage ; and niay detain such property
until either the 8atva!i;e, f .-e.s and costn due thereon are as(;ertained
and paid, or procss is issued for the arrest or detention thereof by
some competent court, or security is yiven to his satisfaction for such
salvage, fees and costs.
Where the value of the property does not exceed two hundred
and fifty dollars, any question as to the amount of the security to be
given, or as to the suthciency of the securities, may Im; determined
l)y the Receiver ; or where such *'alue exceeils two hundred and
fifty dollars, any such (luestion may bo determined, ujion application
either of the owner of the property of the .salvors or any of them,
or of sucli Receiver, by any court having, in the district of such
Receiver, jurisdiction in civil matteis to the value of tlie pi'operty
in question.
If the property has not been valued, the value for the j»urposes
of this section shall be determined by such Receiver, or by a valuer
appointed by him as aforesaid.
Any security given for salvage in pursuance of this section may
be enforced by a court competent to entertain a suit for such salvage,
in the same manner as if bail had been given in such court ; and
■where, under the provisions of this Act, the determination of dis-
putes as to such salvage is to be made by a Receiver, any such
security may be enforced in the manner aforesaid by any court
competent to entertain a .suit for such salvage, having juris-
diction in the district of such Receiver.
29. Where any dispute as to salvage ari.ses before a Receiver
under the provisions of this A(.'t, the R(!ceiv«M- shall hear and deter-
mine the same ; and if, after he has made and published his award,
the salvage, fees and costs by liiui awarded to be paid, aw not paid
within fourteen days, he may sell the jiroperty liable for such
salvage, fees and costs, or a sullicient part thei-eof, and out of the
proceeds defray the expenses of the sale and the salvage, fees and
costs awarded, and shall pay or deliver up the surplu.s, if any to
the owners of the property or other persons entitled then^to.
«
30. Where the aggregate amount of salvage; payable in respect of
any services has been finally determined by a Receiver or court or
by admission or agreement, such amount may be apportioned and
distributed as follows ; that is to sav.— -
(1.) If the amount has been determined by 'a Receiv(>r, the Re-
ceiver may ai)portion the; same aniong the persons entitled
r
k
.1
-»i''.4
III II m I. .P 1MI W I
REMOVAL OF WRECKS, Ac.
381
thereto in such manner as he thinks just, but the party aggriev-
ed may appeal from his decision to the Minister of Marine and
Fisheries :
(2.) If the amount has been determined by any court having
jurisdiction, such court may direct the amount to be apportioned
among the persons entitled thereto in such manner as such
court thinks just, and may appoint any person to carry the
apportionment into efl'ect ; and may compel any person in
whose hands or under whose control such amount may be to
distribute the same, or to bring the same into court, to be dealt
with as the court may direct ; and may for the purposes afore-
sai«l issue such orders as the court thinks tit :
(3.) If the amount has been finally ascertained by admission or
agreement, but a dispute arises or is apprehended as to the
the apportionment thensof among several claimants, the person
liable to }>ay such amount may pay th(^ same, if it does not
exceed on(! hundred dollars, (or in any case if the claimants so
agree) to a Receiver, or, if it exceeds one hundred dollars, into
any court having jurisditcion ; and such Receiver or court
shall receive and apportion the same, and shall grant to the
])erson paying the same a certificate of the amount paid and of
the services in respect of which it is paid ; and such c(!rtiticate
shall be a full discharge and indemnity to such person, and to
all his propcM'ty liable in respect of such services, against all
persons parties to or bountl l)y such admission or agreement.
31. Where any salvage, fetes, chai'ges or costs, in riilation to
salvage, are awarded or declared to be tlue by a Receiver or any
court having jurisdiction in salvage, and the pioperty liable, or the
]>roceeds thereof, is or are under arrest in a ditf'orent suit in a
court not being the same court by which such salvage, fees, charges
or costs have been awarded, then such sahage, fees, charges and
costs shall be enforced against the property or proctieds so under
arrest, by the court in which the same is or are under arrest.
Fep,s of Reci'i'irrx of Wnck.
32. There shall be paid to every .Receiver tli(( expenses properly
incuired by him in (Ik; performance of his duties, and also, in re-
spect of th(! s(!veral matters specified in the first schedule to this
Act, such fees, charg(;able as therein mentioned, and not exceeding
the amounts therein mentioned, as may from time to time be direct-
ed by the < Jovernor in Council ; and the Receiver shall, in addition
to all other rights and remedies for the recovery of such expenses or
fees, have the same rights and remedies which a salvor has in respect
of salvage due to him"; and may, if tin; property in respect of which
any such lixpenscs or fees are due, is not under arrest in any court,
'il'lM
1 ' 1 ; '■
382
REMOVAL OF WRECKS, .kc.
seize or detain such pro])erty nntil tlie same are paid, or until secu-
rity is given for the Kaiiic in his satisfaction.
Whenever any dispulf arises in any ])art of Canada as to the
amount ))ayal)le to any llfccivcr in resjx'ct of ox])«'nst»s or fees, sucli
dispute shall be dcterniincd by the Minister of Marine and Fisheries,
whose decision bhall lie final.
All fees received by any Receiver appointed under this Act, in
respect of any of the matters in the first schedule to this Act men-
tioned, may be retuiiud by jiim for his own rcn»"neration.
J'/ c-'laueona Provisions.
33. Any person connnitting an offence against this Act, which
is also an otl'ence against .some other Act, may bo prosecuted, triinl,
and, if convicted, jiunished under either Act ; but no person shall
be liable to be tried tnore than once for the same offence.
34. The jurisdiction conferred by this Act on any civil court may
be exercised either by proceedings in lem or by ju'oceedings in.
■j>e'Sinitiiii.
35. Nothing in tliis Act shall be cojistrued to atl'ect the juris-
diction of any Court of V'ire- Admiralty in Canada in any matter or
case, civil or criminal.
36- The Ministers of Customs and Inland Ueveiiue may permit
all g<»ods saved from any ve.ssel .stramU-d or wrecked within the
limits of the I )oniiiiion of Canada on its inward voyage to be for-
warded to the port of its original destination, and all goods .saved
fiom any ship stran(' il or wrecked within the limits of tlie Domin-
ion of Canada on its outward voyag<; to be retuim-d to th« ]»ort at
wliich the same weie shipped ; taking such security iuv the due
protection of tli(^ revenue in respiict of such goods as they may think
proper,
37. ('Iia|)ter twenty four of the |{e\ ised Statutes of New I5nn»s
wick. Part I, Title III, enlitle.| : " t ►f Wrecked Proi)erty," and
chajiter .seventy-eight of tli.' Kc\ ised Statut.'s ui Nova Scotia, Third
Series, Part I, Title .\X I, entitled ; "Of Wrecks and Wrecked
(jonds," are lu-relty repealed, n-xcept only as t<> tilings done and
rights ac(piired or ]u-ocee(lings commenced ander either of them
before the coming into force of this Act. Article five hundred and
nniety of the Civil Code of Lower Canada is also hereby repealed.
38. Section ninoty-(;ight of the Act of the legislature of the late
Provuice of Canada, ])assed in the twelfth year of Her .Majesty's
reign, anenalty
may be heard and *
II
384
REMOVAL OF WRECKS, etc.
intittilocl : " An Act to iimoiid tli(> Ad of tlic Into TroviiKa-, of Ciuiadii,
twelfth Victoriii, cliaptei' ono luindnvl ainl fouvtccn. 'To coiisolulat*'
the laws relative to the i>o\vers ami iliitics of llie Trinity House, of
Quchec, and for otlii>r puritoscs" " i)r('V('iil or iiitcrfeiv willi Ihc jiro-
visioiis of this Act for the ])rot('cti(iii of life and [iroiicrty in wi'i'ckcd
vessels or any [xiwcrs of the Kcecivcr for tlie distrid im'udin.u' tlni
eity of (Juel)e(', or the city of Montreal, under tin* AcA : and the
))Owers vested in the said Trinity Houses liy the said >\ct-, shall Im-,
exercised only by and with the consent of ijic saiil Keceiscrs respec-
tively, and in cuiijunotion with either of tin in, if neci'ssaiy to j^'ive
effect to the said Acts and this Act.
FIRST SClIKDrLK.
STATKMKNTS I'OU SAl.VAGK PUUPOSKS.
Statements to be made by the salvor and l)y the master or other
person in charge of the property saved, respectively.
(1.) The place, condition, and cinnnnstances in which the said
ship, cargo or property Avas at the time Avhen the services were
rendered for which salvage is claimed ;
{'2.) The nature and duration of the Hcrviccs ivndered ;
Ami by the salvor,
(3.) The proportion of the value of the said ship, freight, cargo, and
property, and of the freight which he claims tor salvage, or the
value at which he estimates tin; saiil shi]), cargo and property re-
spectively, and the several amounts that he claims for salvage in
respect of the same ;
(4.) Any other eireumstances which he thinks relevant lo the said
claim :
And by the said master or other i)erson in charge of the saiil sjiip,
cargo, or property,
(.5.) A copy of the certilicati' of registry of the said ship, and of the
indorsements th(!re.on, stating any change which (to his knowl-
edge or belief) has occurred in the ]tiirticulnrs contained in such
certificate; and stating also, to the best of his knowledge and
belief, the state of the title to the ship for the time lieing,"and of
the incundirances and certiiieates of mortgage or sule^'if anv
afleethig the same, and the names and i»lac(!s of biisim'ss of the
owners and incnniljrancers :
(6.) The name ami place of business ,,i; residence of the freighter
II
REMOVAL OF WRECKS, S:c.
385
loftlio
kiiowl-
iii such
;'(3 luul
and of
it' iiiiy,
nf the
(if ivny) of tlie said ship, and tlio frei|:,'ht to be paid for the voy-
age on which she then is :
(7.) A general account of the (quantity and nature of the cargo at
the time the salvage sci-vices were rendered :
(8.) Tlie name and place of business or residence of the owner of
such cargo and of the consignee thereof :
(9.) T]ic values at which the said master estimates the said ship,
cargo and property, and tlie freight respectively, or if he thinks
tit, in lieu of such estimated value of the cargo, a copy of the
shi[)'s manifest :
(10.) The amounts wliich tlie inaster thinks should be paid as sal-
vage inr tlie ser\ici;s r^'mieri^d :
(11.) All accurate list of the propeity saved in cases where the ship
is not saveil :
(12.) An account of the proceeds of the sale of the said ship, cargo
ov projierty, in cases where tlie same or any of them are sold :
(13.) The number, capacities and conditicm of the cr(>w of tlie said
shi]) at the time the said seivii'cs were rendered :
(11.) Any other circumsiances he thinks ndevaiil to the matters in
(question.
SF.CONI) SCIIKDL'LK.
ii;i;s OF incciiivKus,
Maximum iV-es to be charged l)y receivers in addition to expenses
\)roperly ana necessarily incurrctl.
8 cts
1. For every enquiry instituted by a Receiver with re-
spe(;t to any ship))ing casualty, whatever may b(> the
numbi'r of jtersoiis examiued, a fee not exceeding. . .
To be charged on the vessel or cargo in res[)ect of
which the exainiiiatiou is iiistituled.
'J. l'"or fiiriiishing copy of evidence |ier one hundred
ucid
8 00
•20
;5. For every salvage ilispiite heard and dete:"iiined l)y
the Keceiver, ill which , the claim does not exceed
one hundred doUars, or the property saved tloes not
excei'd two hundred and fifty dollars, a sum not ex-
( amount (;.\M'ed i.ne
hundred dollars.
To he charged on such vessel nv articles.
MARITIME COURT ACT.
40 vk;t()iua.
(^IIAP. L»l.
.\n Act to estahlish a ("ourt of Maritiifie .Jurisdiction in the I'rovince
of ( hitario.
[A.ssi'nletl lo 28/// April, 1877.]
WIIKRKASit is expedi.-nf to estahlisli a i 'otu't of Maritime
.lurisdiction in the Province of Ontari . : Therefore Her
MARITIME COURT ACT.
387
4 00
8 00
Majesty, by ami with tlio ailvice ami consent of the Senate anr.1 House
of Commons of Canauebec, the
Court shall have the same jusisdiriiou as any existing Ih'itish N'ice-
Admiritlty Court has under like circumstances, in any like matter aris-
ing beyond the reacli of its process.
A dredoe is not a sliip or ves.sel within the ^iaritinie durisdictioii
Act of 1877, and the >Iaritinie ('ourt of Ontario lias no jurisdiction
//( ret:i.
Tlie riThsdiilo. 15 L. J., N. S. '208; M. C, McKeiiy.i«.
',]. XiA wherea'i many of the ships engaged in navigating the
Avaters aforesaid are registered in ptu'ts in th(( Proviiin- of (,)ue]ie(!,
the jurisdiction of the Court in respect of claims tourliiug the owner-
..tup, possession, employment, or eariungs of shiiis, shall extend to the
case of a ship registered in a port in llif Province of (Juebee but
navigating the Avaters at' resaid.
•1. No right or reuied.^- iv ivn', given by this Act only, shall be en-
fuirrr, as against any su ■■.,!ei,L l> lut Juh puidiaser or mortgagee of
a siiip, unfess the proi -d.h-s for \\\v nifoici melit tiiercof be ItegUU
Avitliin ninety days from ihc tiu'.'' Avheii the same accrued.
3. i'lie Court shall n.)t iiave jurisdiction, save as af-arsaitl in any
matter to wliich the jn'ocss of any existing iiritish Vice-Admiralty
C
388
^NrAPwITFME COUr/r ACT.
(tf tlie Act of tho Impoviiil Piu-liinncnt lrovision either by this .\cl, or under general
rules made in pursuance of this Act, tlu; laactiee, pleading, writs and
1
Mild
A.;t,
av <'\-
nr liy
ill'dcM'
lent ((f
with
ns if
shall
•111 of
in the
iil\Cl-
11. ■, or
liiiii'
icfoi'c
; ami
until
MARITIME COURT ACT.
389
pi'DW'dui'c, in fun.'c at the tiiiic, of its abolition in the Instance side of
the lligli Coni't uf Adiiiivahy in Kngland shall, so far as applicahlc,
apply and extend to proceedings instituted under this Act.
10. The , I udge shall, from time to lime, fniiiie and sul)mit for the
approval of the Minister of .lustici-, a list of persons of nautical or
en^ineerinj^', or other technicid skill and experience to act as assessors
in the ("ourl ; and shall cause I he approved list to he ]iuhlished in
the ("anada (la/etti', and every i)erson iiame(l in the approved list shall
attend the Court, uiuler sue)' I'ircunistances and in such rotation, and
suljjcet to such regulations, and shall receive such fees, as sludl be
provided by or uniler general rules.
11. The Ciovernor in Council may, from time to time, appoint one
or more Judges of any County Court in Ontario, or barristers of not
less than seven years' standing in ( )ntario, to be a Surrogate Judge or
Surrogate Judges of the said Court.
12. >V Surrogate Judge .shall have such of the powers of tlic Judge
as may be conferred by his commission.
13. Any judicial act begun or partly proceed(ul with by a Surro'
gate -liidge may, under geiu-ral rules, be proceeded with or completed
l)y the Judge.
14. Whereas until (he [iraclical working of this Act has been de-
velopcd by experience il is inexpedient to make jieriuaneiit pro\ision
as
folH
to ilie tenure of olHce or the salary of Surrogate .liuLf
liere
•J. .\ Surrogate .ludi;e shall hold ollice during pleasure, but his
appoiiitnieiit sliall not be vacated ])y a vacancy in the ollice of the
luduc
li. lie may, if resident elsewhere than in Toronto, receive emolu-
ments t,o be, from time to lime, lixed by the Covernoi in Council,
raised out of funds provided by suitors' fees, i)ayable under a taritl to
be, from lime to time, lixed by the (lovernor in Council.
4. Copies of the larill' shall be, as soon as may be, laiil befon; both^
Houses of the Parliament rfiuf Court or thi' K\-
ehecpK'i' ('(iurt of Canada, sliall liavc jmM-er \n administer (latlis and
atiirmatioiis in relatinii to any matter |)endin,; in the Court ; and any
juM'SdU who shall wilfully swear or atiiini falsely in any such matter
shall be guilty of perjury.
17. Kvery Judge or Surrogate Judge appointed in ]Mirsuance of
this Act, shall, previously to his execution and d\ities of his office,
take before a .Iudg(? of any Superior or County Court in Ontario, the
following oath : —
" I, do sincerely and solemnly swear that
1 will duly and faithfully, and to the best of my skill and knowledge,
execute the powers and trusts reposed in me as Judge (or as a Sur-
rogate .ludge) of the ?ilaritinie Court of < >ntario. So he^p me Cod."'
18. All persons cntitleil to act roclaniation of the Co e,'ior iu (Amucil, and the rcsidut! of tins Act
shall come into i'owv on a subscMpu-nt day to be also api.oiuted by
proclamation of the (lovernor in Council.
22. This Act may be cited as " The Maritime .lurisdictiVct may b(! issued from the
Maiitimo Court of ( )ntario, in such form as tlie judge of the saifl court,
with the approval of the (lovernor in Council, may from time to time
direct.
3. The marshal or deputy marslial of the court, as the cas(! may be,
shall have, as to the execution of any such new writ or other process,
similar powers to those now possessed by sheriffs in the Province of
Ontario as to the execntion of similar writs issued from the saiil Court
of Chancery.
i
392
BANKS AND BANKING.
Powers of Banks Respecting Vessels and
Marine Securities.
40. The Imnk slmll not, eitlior ilircctly or indirectly, loud money or
make advances upon the security, mortgage or hypothcciition of any
lands or tenements, or of any ships or other vessels, nor upon the se-
curity or pledge of any share or shares of the cai)ital stock of the bank,
or of any goods, wares or merchandise, except as authorized in this
Act ; nor shall the Bank, cither directly or indirectly, deal in the buy-
ing and selling or l)artering of goods, wares or merchandise, or engage
or be engaged in an}' trade whatever, except as a dealer in gold and
silver bullion, bills of exchange, discounting of promissory notes and
negotiable securities, and in such trailc genc^rally as apix'rtains to the
business of banking ; nor shall the bank, either directly or indirectly
purchase or deal in any share or shares of the capital stock of the
bank, except where it is necessary to realize upon any such share or
shares held l)y the Bank as security for any pre-existing and matured
debt. 34 V., c. 5, s. 40, as amended by 38 W, c. 17, s. 1.
41. The Bank niay take, hold and dispose of mortgages and hypo-
theques upon personal as well as r(>al projun-ty, by way of additional
security for debts contracted to the Bank in the course of its business ;
and the rights, powers and privileges which the r)ank is hereby de-
clared to have or to have had in respect (jf real Atate mortgaged to it,
shall be hehl and possessed by it, in respect of any personal estate
which nuiy be mortgaged or hypothe»;ated to it. 34 Y., c. .'), s. 41.
43. For the purpose of this Act, the words "goods, wares and
merchandise," when used herein, sliall he held to comprise, in a«hlition
to the things usually understood thereby, timber, deals, boards, staves,
saw-logs, and other lumber, petroleum, crude oil, and all agricultural
pnjduce and other articles of connnerce ; and the words " warehouse
receipt " when used herein shall be held to mean any receijit given by
any i)er.son, firm or comi)aiiy for any goods, wares or merchandise ill
his or their actual, visible and continued possession, as bailee ftr
bailees, in good faith, and not as of his or their own property, and
shall comprise receipts from any person Avho is tlie keeper of any har-
b(ir, cove, pond, wliarl', ymd, Wiuvhoiisc, shed, stnivhotisf, tannery,
mill or other place in Caiiiida, tor goods, wares or iiiercliandis(i being
in the i»lace or in one oi more of the ])laces ,so kept by him, whether
siu;h iH'i-son is engaged in other Itusiness or not, and shall also com-
prise specifications ot timber. The words "bill of lading," when used
herein, shall comprise all receipts for goods, wares or merchandise, ac-
companied by an obligation to transport the same from the place
where they were received to some other plac(-, whellier by land or
water, or partly by land and jiartly by water, and by any mode of
carriage whatever J and the words "ship" or "shipment" shall b^
•II
I
r.ANKS ASTD BANKING.
393
licUl to mean the ilelivery of any article for transport as aforesaid.
43 v., c. 22, s. 7. (SuUstitutod iuv 3-4 V., c. 5, s. 45.) ]Jut see s.
47 as to cas(> where the owner is liiniself a wareliouseman, &c.
46. Thtt Jlank may acquire ami ImM any wareliouse receipt or bill
of lading as collateral security for the payment of any debt incurred
in its favor in the cnurse of its bankinj; business ; and the warehouse
receipt or lull of lading so acquired shall vost in the liank, from the
date of the acquisition thereof, all the right and tith* of the previous
holder or owner theieof, or of the person from whom such goods, wares
and merchandise wore received or acquired ]>y the IJank if the ware-
house receipt or bill of lading is made tlirectly in favor of the Bank
instead of to the previous holder or owner of such goods, wares and
merchandise. And if the ju'evious holder of such warehouse receipt
or bill of lailing be the agent of the owner of the goods, Avares and
merchandise mentionc.'d therein, within the meaning of the fifty-ninth
chapter of tht Consolidated Statutes of the late Province of Canada
(which is contained in Schedule " A " ai)pendeank may sell the goods,
wares and merchandise mentioned tlu^rein, or so much thereof as Avill
sulHce to pay such debt with interest and costs w'turning the overplus,
if any, to the person from whom such warehouse receipt or bill of lad-
ing, or the goods, wares and merchandise mentioived therein, as the
case may be, wen^ ai-quired ; l>ut such i)ower of sale shall be subject
t'> the provisions hereinafter made. 43 \'., c, 22, s. 7. (Substituted
for 34 v., c. 5, s. 47.)
48. If any miller, maltster, or packer or curer of pork grants a ware-
house receipt for any cereal grains or hogs which may be manufac-
tured into Hour or malt, pork, bacon or hams, respectively, while held
thereunder, sucii warehouse receipt sl»all vest in an^ Hank which shall
be or become the lawful holder tliereof, all the right and title to such
manufactureil article, which such J lank acquired luider such warehouse
re(!('ipt to the article so manufactured and described in such warehouse
rec('ii)t, and the Hank shall continue to hold the same and all such
right and title, for the same purposes and upon the same conditions as
those upon which it previously held such material. 43 V., c. 22, s. 7.
• (Substituted for 34 Y., c. 5, s. 48.)
49. All advances made on the security of any bill of lading or
warehouse receipt, shall give and be held to give to the Bank making
such advances a claim for the repayment of such advances on th«
goods, wares or merchandise therein mentioned, or into which they
have be(!n converted, prior to and l)y prefeience over the claim of any
unpaid vendor, any law, usage or custom to the contrary notwithstand-
ing. 43 \'., c. 22, s. 7. (Substituted for 34 V., c. '), s. 49.)
50. No sale without the consent in writing of the owner, of any
timlxT, boards, deals, staves, saw-logs or other hnnber, shall be mad «
under tlus Act \nitil, nor unless, notice of the time and place of such
sale shall have been given by a registered letter, mailed in the post
ofhce to the last known address of the pledger thereof, at least thirty
days prior to the sale thereof; and no goods, wares or merchandise,
otlier than tiiidjer, boards, deals, stav(!s, saw-logs or other lumber,
sliall be sold by the Bank under this Act without the consent of the
owner, until, or unless, notice of the time and ])lace of sale has been
given by a registered lettei-, mailed in the post olHce to the last known
address of the pledger thereof, at least ten days prior to the sale
thereof ; and every such sale of any article mentioned in this section,
without the consent of the owner, shall be made by public auction
aftding seven years
and not less than two yeai-s, or to he imprisoned in any other gaol or
place of confinement for any t«'rm less tiian two years, with or with-
out hard labor, and with or without solitary confinement.
CHAP. 22 OF 32-88 YIC.
. l;i:l;.
48. Whosoever unlawfully and maliciously sets tire to, casts away,
f)r in anywise dcistioys any shi]) or vessel, whether the saiue be com-
plete or in an unfinished state, is guilty of felony, ami shall be liable
to be imprisoned in the penitentiary for life or for any term not less
than two years, or to be imprisoned in any other gaol or place of con-
finement, for any term less than two years, Mith or without hard
labor, and with or without solitary confinement,
49. AVhosoever unlawfully and maliciously sets fire to, or casts
awaj' or in anywise destroys any ship or vessel, with intent thereby to
prejudice any owner or part owner of such ship or vessel, or of any
goods on board the same, or any i)erson that has underwritten, or may
underwrite any jjolicy of insurance upon such ship or vessel, or on the
freight thereof, or upon any goods on board the same, is guilty of
felony, and shall be liable t(» be imprisoned in the ])enitentiary for life
or for any term not less than two years, or to be imi»risoned in any
other gaol or place of confinement f(jr any term less than two years,
with or without hard labor, and with or without solitary conlinenient.
50. Whosoever unlawfully ami maliciously, ]jy any overt act, at-
tempts to set fire to, cast away, or destroy «ny ship or vessel under
such circumstances tliat if the sliip or vessel were thereby set fire to,
cast away or destroyed, the oftemler wouM be; guilty of felony, is
guilty of felony, and shall lie liable to be impris(jned in the peni-
tentiary for any term not exceeding fourteen and not less than two
years, or to be imitrisoned in any other gaol or place of continement
for any term less than two years, with or without hard hibor, and
with or without solitary confinement.
51. Whosoever unlawfully and maliciously places or throws in>
into, upon, against or near any ship or vessel any gunpowder or other
explosive substance, with intent to destr(jy or \lamage any ship or
vessel, or any machinery, working-tools,"g()ods, or chattels, whether
or not any explosion takes place, and wliether or not any injury i*
effected, is guilty of felony, and shall be liable to be imprisoned in
^rALTCIOUS IN.TITRTKS TO SHIPS.
397
tin; pcuifccntiary for any term not cxcoi'ding fourtot;n ami not less
than two years, — or to bo imprisoned in any other j,'aol or phicc of
confinement for any term hj.ss than two years, with or without hard
lahor and with or without solitary contiiiement.
52. Whosoever unlawfully and maliciously damages, otherwise
thaw by tire, gunpowder or other explo-sive substance, any ship or
ve.ssel, whether complete or in an unfinished state, with intent to
destroy the same, or render the same useless, is guilty of felony, and
shall be liable to be imprisoned in the penitentiary for any tenn
not exceeding seven years and not less than two years ; or to be im-
prisoned in any other gaol or place of confinement for any term less
than two years, with or without hard labor, and with or without
solitary confinement.
53. Whosoever unlawfully masks, alters, or removes any light or
signal, or unlawfully exhibits any false light or signal, with intent
to bring any ship, vessel, or boat into danger, or unlawfully and
maliciously does any thing tending to the immediate loss or destruc-
tion of any ship, vessel, or boat, and for which no punishment is
hereinbefore provided, is guilty of felony, and shall be liable to be
imprisoned in the penitentiary for life, or for any term not less than
two year.s, or to be imjjrisoned in any other gaol or place of confine-
ment for any t(irm less than two years, with or without hard labor,
and with or without solitary confinement.
54. Whosoever unlawfully and maliciously cuts away, casts adrift,
removes, alters, defaces, sinks or destroys, or unlawfully and malic-
iously le to be imprisoned in any gaol or place of
confinement for any term not exceeding one month.
56. Whosoever unlawfully and maliciously cuts or loosens any
J)Oom on any river, or other wat(!r, or breaks or cuts loose any raft or
crib of timber or .saw-logs, is guilty of a misdemeanor, and shall be
liable to be punished by fine or imprisonment for not less than two
years, or both, in the discretion of the court.
4 s* I
;'..
!
II
398
MARINE CRBIINAL LAW.
67. Whosoever unlawfully and maliciously destroys any part of the
ship or vessel in distress, or wrecked, stranded, or cast on shore, or
any goods, merchandise, or articles of any kind belonging t( such sliip
or uessel, is guilty of felony, and shall lie liahle to \w iinpr,'soned in
the penitentiary for sny term not exceeding fourteen years »ni not
less than two years, or to be imprisoned in any other gaol or place of
confinement for any term less than two years, with or without hard
labor, and with or without solitary confinement.
CHAP. 20 OF 82-33 VIC.
Carrying Bowie-knives, Daggers i^c, about the person.
72. Whosoever carries about his person any bowie-knife, dagger
or dirk, or any weapon called or kno
'inj)risoned in the }>enitentiary ter any term not excotsdinj^ fourteen
years and not less than two yea's, or to l>e imprisoned in any other
gaol or place of conliiiemeiil .'or any term less than two years,
wHli or withaut liaid lalior, and with or without solilaiy eontinonumt.
66. Whnsdover plunders ui' steals any jiart of any ship or ves.sel in
distre.-. 'diii;^ fnuiteiMi years and imt less ihaii twr of the rightful owner
thereof, and the oH'ciidcr shall, on coiiviciioii of such ollriice before
the .luslice, at tlh' discretion
he .lustice, either be C(Uiiliiitte(| to
the common ^aol or house of idirection, there to be imprisoned oidy
or to be im]ii'isoiied and kepi to hard labor foiiiuy term not cxceeilim;'
ir else shall foilVit and pay ever and above the valuf
thr
ee lin
'lill
if th
men
liandi.-
le or articles, such
-iliii of monev not exceed-
iii" tweiitv dollars, as to |1m' .luslice may seem m
68.
any person >
ijl'crs or ixooses foi sale any noods, nierchaiidise
or articles whatsoever, uidawfiillv taken oi' tcusoicibly sus|iected so tu
have iic(;ii taken fiom any ship m vessel iji di.stre>s or wre(
kc.l,
: ^
m
400
L ARC EN Y FR( ) M S I III 'S, W 1 1 AK FS, erson
employt'd in or about the Itusiness of such I'actoi' or agent, knowingly
and wilfully gives to any person a writing imrpoiiing t(» In; a rec(,'i|lt
for, or an acknowh'dgment of Miiy goods or othiu- properly as having
been received in his warehouse, or jn the warehouse in or about which
he is employed, or in any oilici niiinner received by him or by the
person in or about whose Itusiiiess he is tiiuployed, before the goods or
other property named in such receipt or acknowledgment have been
actually delivered to him as aforesaid, with intent to mislead, deceive
injure or fleiiaud any person or persons whomsoever, although such
jiersoii or pers )ns may lu' then uukuown, or if jiny person knowiu'd-
and wilfully '.ccepts or transmits or uses ,\u\ such false leeeipt tir
acknowledguiLnt, the person giving and the pei'smi accepting, trans-
mitting or ushig such receipt or acknowledgment, are s^uverallv "-uilty
of a misdemeanor, and shall lie liable to be iiiipris(»ned in tlie"peni-
tentiary for any term not exreeding three yenrs, nnd not less tlmn two
years, or to be im|irisoned ill any other gaol or plaee of conlincjuent
for any termless than two years but not less than one year.
89. If any mprchiindise hits, in the )iame (.f Mk. owner or of any
other perstm, Ijeen shipped or erson, who, after having obtained any such
rec(Mpt, certiticatci, or acknowledgment, and after having endorseil or
assigned it to any bank, or person, afterwards and without the con-
sent of the holder, or, endorsee in writing, or the production and de-
livery of the receipt, certiticate, or acknowledgment, wilfully alienates,
or ])arts with, or docs not deliver to such hoMer or endorsee of such
receipt, certiticate or acknowledgment, the grain, timbc-r, goods, or
property therein mentioned, is guilty of a misdemeanor, and shall be
liabh' to be imprisoned in tlie penitentiary for any terni not exceed-
ing three, years, or in any other gaol or place of conlinement for any
term less than two years, latt not less than (Uie year: I'rovided that
nothing in tiiis section shall prevent tiit! oU'ender from being indicted
and punished foi larceny, inst(!ad of misdemeanor, if, as being a
bailee, his ollence amounts to larceny.
91. If any ollence in the last three preceduig sections mentioned
be t;onniiitted by tlm doing of anything in the nam(^ of any lirm,
company or co-partnership of persiuis, the person by whom such thing
i
i •■(
401
LATICF.XY, <^.
i.s aiduiilly loiio, or who ciiniiivcs ;it \\\v ddiiiL; Ihcvcof, slmll lie tU'i'iuctl
guilty of tlic oft'('ii''t', iiml luit any ()tlii'V jicfsoii.
92. No inisdcnu'imor iit^ainst any ct' the .sixtfcn last i)rcH;(Hling soc-
tions of this Act shall ln' iiroscciitt'd (ir tried at any Court of (icncral
or (^)uartcr Sessions of tlie I'eaee ; and if u]ioii the trial of any jierson
under any of the said sectidiis, it i'lijieais that the oll'enee proved
nts to lareenv, he shall not liy n iistm tliereof he entitletl to he
iunou
ai'ijuitted of a niisih'nieanor under 'le said sections.
98. AVhosoever Viy means of any tulse ticket or ordei', or of any
other ticket or order, frnuihdi'ntly and iinlawiully ohtains or attempts
to ohtain any ]tassa,!.;'c on any railway, nr in any steam or other vifssel,
i.s ,ij;uilty of a misdemeanor, and shall he lial)le to lie imprisoned in any
coniiuon .i^aol or house of correction, ^ith oi without hard lahor, for
any period not exceeilin^ six months.
109. Kvery person dealilin' in the ])urcha«e of ohl marine .'^torcs of
!«iy desin'iption, including anchors, cahles, sails, junk, iron, eop])er,
brass, leatl, and other mai'ine stores, shall coid'orm to the following
regulations :
First, -lie shall not hy himself or his agent, purchast^ any old
niarino stores from any i)erson under the age of sixteen years, and on
conviction of any such silence hefore a dustice n\' the Peace, shall he
liahli' to a penalty of four dollars hir the lirst ojlence, and of six dol-
lars for every subsequent otVence.
Secondly, — lie .shall not purchase ni' receivy into his stores, ]ii'em-
ises or places of deposit, any old marine stores, except in the dav
tin
le, hetween sunrise ami sunset, und
■naltv of live dollai's foi'
the tirst oU'eiice, and nf seven dollar
s tnr ex'ery suhseipient one ; and ii
any old marine stores which had been stnjen aie found secreted in tl
liremises of any person pui'porting to he a dealei in such stores, such
person shall he guilty of a ndsil.'ti.'anoi, and shall lie iiunishahle
th(!refor in any maniiei' hy law prescrihed hir misdenieaiioi'.
111. Whosoever wiUullv and aniawfullv
conceals 111' appropriate
any timber, masts, spars, saw logs, nr other descriptinn of lunibei
which having been adrift ill an\ river or lake, is foiiiKl so adrift,
any sneli river or lake, or cast
such river or lake, or wi
mark or number, on any such articli^ or tl
counterfeit mark thereon, or refuses to didivi
ishore nil the hank oi' heacli of any
ilfiilly and uiilawfiillv defaces nr :iild
thereof or to the iierson in charge thereof on behalf of
s any
ling, or makes any false or
r 11]) to the ])roper owner
any such article or thing, is guilty of a misd
like manner as simple laiveiiv."
■^ucii owner,
eiiieaiior punishable in
112. If any |»ers(iii brings into Canada, or has in I
tlun-ein, any jiroiterty slojeii, emhez/led, converted or obtaimul 1
lis jKissession
'.y
:marix]-: crtivitnal jaw.
403
fraud fM- false ]n'ot(!iiecs in any otlicr f.-ouiity in such manner that tlie
stealing, enilit»zzlin,i,' (•(.nvertiu-- or ulitainiii- it in like manner in
('anada, wcmld, l)y the laws of (;ana(la, lie frlony ov misdemeanor;
then the ljrinn;inj,f sueh property into Cmiada, or the havin,;,' it in
]iossessiou therein, knowin- it to liave hccn so stolen, endiez/led or
conviM'tei], i>y unlawfully olilnined, sliull l.c nn oll'eni'e of the same
naturi!, and pum'sli.ilile in like manner as if tli.; stealiii--, emhe/zlin.i;-,
eonvertini;- or unlawfully ohtaiuin-- sucli piojiei'ty had taken plai'e in
Canada, and such person may he tried and convii;tc(l in any disU'i<'t,
county fir [ilace in Canada, into or in which he liiin;^s such proiierty,
oi' lifts il in possessioi).
CHAP. 6 OF 34 YICT.
64. If any Miller, AVarehouscman, Mast(U' of a vessel, Forwarder,
Carrier, AVhariin,L>er, Keeper of a Cuve, Yard, llarhor or other jtlaee
fot stovin^i^ timber, deals, staves, boards or otiier lumber, curer ov
l)ackea" of poik, or dealer in wool, I'\ictor, A,!j,ent ^'
th(?roof, shall lu' dociiicd guilty of thi' oH'cncc, and nut any otlicr
person.
67- Aiv vorson convicted of a misdemeanor under this Act sliall,
on J' iivictii .1, Ite liable to he imprisoned in any gaol or place of con-
finement for any term not exceeding two years, in the discretion of
the Court before which the conviction shall be had.
ORDER f )M PASSENGER STEAMERS.
3(5 VICTORIA.
m
CHAP. r)7.
An Act to jrovide for keeping order on board Passenger Steamers.
[Asseateil lo 2i)rd May, 1873.]
HER i\rA.rE8TY, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as f(»llows :--
1. The master or oflicer in command of any steamer may refuse to
receive on board thereof any person who is drunk or disorderly, or
who causes, or is in a condition to cause, aniwiyance or injury to pas-
sengers on board ; or if any such i>erson be on Itiiard, the master or
olhcer may put him on shore at any conviiuieiit phu «■.
2. If any of the following offences are committed on board any
vessel registered in Camida propelled wholly or in part l)y steam, anil
carrying passengers to or from any place or i)laces in Cana«la, to (U-
froui any phice or places out (.f Canada, not being in the Cnited
Kingdom, or lietween any places in Canada (which vessels alone
are in this Act included in the term "steamers"), that is to
say,—
(1.) If any person being .hunk or disorderly has been on that
account refused admission into a steamer l)y the owner or any person
I
ORDKR ON I'ASSEXOER STEAMKK8. 405
in his employment, and nevertholoss persists in attempting to enter
the steamer ;
(2.) If any person beinj,' (h'unk or disorderly on board a steamer is
re(iuestetl by the owner or any poison in his employment to leave the
same at any place in Canada, beini^f a reasonably convenient place to
leave tlie same, and does not com[tly with such reciuest :
(3.) If any person on board a steamer, after warning by the master
or other otticer of the steamer, molests or continues to molest any
passenger :
(4.) If any person, after having been refused admission into a
steamer l>y the owner or any [)erson in his employment on account of
the steamer being full, and having lia suiinnary couvi(^tioiis
and oi'dcrs," as ameinU'tl l.v miiv sulisoquont ' AvX or Acts, .such Jus-
ticosof the Peace haviii- juiis.lict ion oitlior in the i)lacc whore tlic
olience was eomniittiHl, nr if cunuiiitled whiU' the sleanier i.^ iiialcv
way, then in the plaee where it shall next stn]! ; and any oiU-nder
conveyed hefore sueii -Ii.i-lice or .lustices, or nia-i.4rate umh'r tlie
next im-ceihuL,' section, sliall lie deaU, with as if anested, and l)roii;^'ht
hefore them on his or tlieir warrant, under the «aid Act.
80 VICTOKIA, CHAP. ()5.
An Act for the hetter [irotection of Xavi;;ahh'- Streams and Rivers.
[Assenied to 'I'^nl Mrunswick ; Provideil always, that it sliall be lawful to fish for, catch
antl kill salmoii with a roil and line, in (lie. manner known as fly
surface fishiiit,', bftweeii th(! thirteenth ilay of April and the thirty-
first day of Aii;;ust, in tin' i'lovinces of Ontario and (,>ue1)ec, and
between the (ji-st day of March and tlie lifteenth day of (September,
in the I'rovince of New Uniiiswick :
2. Salmon shall not be lislicil for, caught or killed in the Province
of Xova Scotia, save as provided and authorized by the laws now in
force in that Piuvinci' :
;i. Koiil oi' unclean saliiiou shall not be at any time caught or
killed :
•1. Salmon fry, parr and smolt, shall net be at any tinu! lished f(»r,
caught or killed, and no saliiioii or grilse of less weight Ihaii three
jiounds sliall be caui^ht or killed ; hut where by accident in ne(s
lawfully used f^r other fisli, tliey sliall be lilterated alive at the c-ost
and risk of the owner of the lishery, on whom shall, in every case,
devolve the proof of such atitual liberation :
5. Meshes of nets used I'oi' c:ip(uriug sahiioii, shall be at least five
inches in extension, and nothing shall 1)e done to ja'actically dimini.sh
or mdify their size :
(j. The use of nets or other ap|)aratus which cai)fcure salmon Bhall,
excejit in the Piovinccs of Nova Scotia and Xew Br^m.swick, Ix^ cmi-
■I 1
b?i
'^'^ih 111
408
:^rARTNE crimtxal law.
iinotl to tidal waters, and any KisluM'v ( HWcov may vniin<' tlic
l('n;4h and ])lap(' (if ciicli lift nr otliiT apiiaialus used in any of the
Avatci'.s of the hominion; inovidcd thai iinthiii'; I'ontaincd in this
Koction shall lU'cvt'iit the usr of iiets for (Mtcliin;; .salmon in die lakes
of tVu; I'roviiK'i* of Oiitarin, nnr itrce.lude the .Miiiistei- from aiithori/.-
in<,% hy special lieeiiso or lease, the, caiituro of salmon I»y ut!ts in fresh
water .streams :
7. The ]\linistcr, or any I''ishery Olheer ;uUhori/.ed to surli etl'eet,
shall have power to deliiie the tidal lioundary of cstuaiy lishing for
the purposes of this Aet ; and altovt; the aetual limit so to ho laid
down, it shall be unlawful, without the special lishery least; or li-
conso above provided for, to fish for salmon, except with a rod and
line, ill the manner known as liy surface lishiii<,', under a |»eiialty not
to exceed one hundred dollars, and iniprisonm(!iit in er, nor by means of any kind of seine, between the
thirtieth day of jNlay and tlie tirst day of August, in the Province
of Ontario, or between the thirry-first day of July and the; first day
of l)eeend>er in the Province of (Quebec, nor .shall the fry of the
same be at any time destroyed.
li. (Jill nets for catching .salmon trout or white-fish, .shall liav(*
meshes of at least live inches extension measure ; and gill nets shall
not be set within two miles of any seining ground :
3. S(iines for catching white-fish shall have meshes of not less than
four inches extension measure,
BASS AND PICKEKAL FISIIKKV,
10. Close-seasons for bass, pike, pickeral (doree), maskinonge and
other fisli, may be fixed by the (i!overi*or in Council to suit dilferent
localities.
POSriKSSIOX OF FIRir.
•
11. No one shall, without lawful (excuse, the proof of which .shall
devolve wholly on the i)arty charged, buy, sell or posse.ss any fish
named in this Act, or parts thereof, caught or killi.'d during seasons
wlum and by nu3ans whereof catching or killing the same is prohi-
bited by law :
2. It shall be the duty of eveiy customs oflTicer, excise offieer,
i.olice oHicer or constalJe, clerk of a market or other party in charge
of any n)arket place in any village, town or city, to seize and forftnt
on view to his own proper use, or gift, any fish enumerated in this
act, caught or killed during prohil)ited seasons, or which appears to
have been killed by unlawful means; but every such seizure and
approju-iation, with th(! date, place and circumstance thereof, .shall
be duly reported together with t\w name, residence and calling of the
person tin who.se posses.sion such iisli was found, to the Fishery
C)tlicer having jurl.sdiction over the district within which such
seizure, forfeiture and apitropriation have taken place.
Mi*
1
1 s
f
410
MARINE CRIMINAL LAW.
COXSTIU'OTION OF FISIIWAYS.
12. Every diun, sliilc, or otli<'r nltstriution across or in any strnam
whurr tlm Minister may (Icteruiine it to lie nct-essary for tlio puldit;
inturest tliat a tisli-iuiss should exist, shall he j)r()vitle(l liy the own«'r
or occujtier with a durable and ellieieiit tishway, to lie maintained in
]»ractit'al and etl'ective condition, in whatever plaee and of whatevca-
form and eajuieity will ailinit of the i>assa,ije <)f Hsh tlnough the
same, (which place, form and eai»acity any Fishery ( )lheer nuiy, hy
written notice determine) uiuh-r a pel, alty of four doUais for each
day during which any such olistructieii remains unprovided witli a
fishway,' after three days' notice in writin;,' to the owner or occupier
thertiof :
2. Fishways shall ho kept open and nnohstrncted and bo supplied
with a sutticient (juiintity of water to fullil the jturposes of this on-
actniiMit, during such timi-.s as may be retpiired for any Fishery
Otlicer :
.*<. The Minister may authorize the payment of one-half of the ex-
penses incurred l»y such owner or occnjnorin constructing and main-
taining any tishway :
4. Should it be expedient to procure; the construction of any fish-
way pending proceeding:* against any owner or occupier for the pen-
alty imjiosed by tliis Act, the Minister may giv(! directions to make
and complete tlu; same forthwith, and to enter npon the premises
witli the necessary workmen, moans and materials, and may rparatus so used, and all tisii taken or caught : and any
Fishery ( )nicer or any such lessee or licensee! may, upon his own
view, forthwith seize and remove any net or a|)partus so used in
trespass, to be afterwards dealt with according to law : Provided
always, that the occupation of any fishing station or waters so leased
or licensed for the exjtress purpose of n(;t lishing sliall not interfere
II
B<.!WrttiBb3KaC5:
FiaHERlES ACT.
411
water,
n any
sliiiiij
such
hory,
costs,
re of
any
own
(1 in
vided
easful
u'fere
with itfi« takinj? of bait used for codtishin!,', nor prevent angling for
other purposes than tl»os(! of trade and fOinuHMce :
2. Seines, nets or other lishiiig apparatus, shall not be set in su(;h
a manner oi in such jdaces as to ohstrutt the navigation witii boats
and vessels ; and no bouts or vessels shall be pcrniitted to destroy
or wantsnly injurt' in any way, any seines, i.t-ts or other fishing
apparatus lawfully set :
.'{. Stakes or other tindx; placed for fishing purposes in any water
shall be removed by the user within forty-eight hours after last using
the same, or at the expiry of the fishing season :
4. The n»ain channel or course of any stream shall not be ob-
structed by any nets or other tishing apparatus ; and one-third of
the course of any river or stream, and not less than two- thirds of
the main channurtenant thererson sliall tisli for, catcli, kill, buy, sell or possess tlio
yoimg of any of tlio iisli named in this Aft, or in any regulation or
regulations uutU'r it :
10. Seines for bai-tish shall liavc meslics of not less tliau three
inches extiMision nifasiii-c .
11. Fishery OlHcers may dcterniiue or ).rt'scril)e the distance be-
tween each and every li^hery, iUid shall forthwith remove any fishery
whieh the owner neglects or refuses to remove, ;iiid such owner shall
he moreover liable for a lirearli nf this Act, and for the cost and
damages of removing the same ;
12. Every faseine fishery willi a bux-ttay (i'.//';v ), instead of pound,
sliall hav(^ across the outside end of such liox {niji'rr) a \vir(^ covering
or a net work, the meshes of which shall be at least one inch st|uare ;
})ut this shall not aj)])ly (o eel wires during autumn :
!■']. s'ets or other lishing apjiaratus shall not be so used as to im-
pede or divert the course oi' tish in any small rivers :
14. From the time of low water nearest six of the clock in the
evening on every Saturday, to the time of low water iu>arest six of
the clock in tin? morning on every Monday, in tidal waters, and from
six of tlui clock in the (ncniiig on every Saturday to six of the clock
in the morning of the following Mondav, in fresh water, seines,
nets, or other apparatus used for catching tish shall be so raiscul or
nda|)ted as to admit to tlx^ free passage of lish tln-ough, past, or out
of the same, for the ))upi'ose of alibrdiiig, a free pass from six of tlu;
clock on <'very Saturday evcninu' to six of th<' clock on evei'v follow-
ing ^londay ^Morning ; and d'u-ing this close time it shall be unlaw-
ful to catch lish by sm-li means : an:l any lish so taken, caught or
killed, together with the ne(s or other appaiatus used, shall be
forfeited, in adilition to the jienalties imposed liy this Act.
INJllUKS TO riSMIN(i CHOI NOS AMt I'OI.M IION OT IMVKltS.
14- \\'ho(^ver throws o\cilioard ballasts, coal, ashes, stones oi-
other prejudscial or deletciious subsiances, in any river, harbour or
roadst(^ad, (»r any water where lishing is curried on, or throws over-
board, or lets fall upon any lishiuL': banlc or i;r.)und, oi- leaves, or
dejiosits, or causes to be thrown, left or deposited upon the shore,
beach or bank of any water, oi' upon the beiich between high and
low Mater mark, inside of uiiy tidal estuary, or within two hundred
yards of the month of any solmon I'iver, remains or olVals of lish, or
of marine aidnials, or leaves decayed, , ch(!mical suhstanc(!s or drugs, ]>oisouous matter, (liquid or
solid), dead or decaying lish ; or any other deleterious substance,
shall not he drawn into, oi- allowed to pass into, be left or remain in
any water frt.'([uented liy any of the kinds of lish mentioned in this
Act ; and saw-dust or mill ruldiish shall not be drifted or thrown
into any stream fre([Uented by iisli, under a p<'nal(y not exceeding
one hundred dollars: Provided always, tliat the ^linister shall
hav(! power to ext^mpt from the operation of this suh-sei'tion, wholly
or from any ])ortion of the same, any stream or streams in whicli he
considers that its enfore(MnenL is not nnjuisite for the public intensst ;
;}. Whoiiver at any tim*' between the lirst day of June and the
thirtieth day of Septeml)i'r, of any year, kindles, makes or ])lacesany.
lire in or near any wood, trees, linishsvood or any wild or unculti-
vated land, at any place nortli of the lliver orOulf of St. Lawrence,
to tlu- east or north of the Sagiienay nivei-, or any of (he islands
below or tu the eastward of lied Island, within the said river or
gulf, wlii^rehy the liio spreatls or extends through standing trees,
brushwood or scrul», to a distance exceeding onc! arpent, shall, for
such olU'nc ', incur a penalty not exceeding lifty dollars, and shall
bt;siiles he responsii.le to the' Crown, or whoever may he the owner
of t.lu" land, for all damages oirasioned l.y such lire: Provided,
that nothing herein contained shall im^vent proprietors or those
having licenses to cut timber or wood from hurning the wood, trees
or hrushwood on their own land, or otherwis(^ using lire to clear
their lamls without injury or pn'Judice to their neighbors.
32 AND 33 VIC. CHAP. 29.
136. When any felony punishable under tlie laws of Canada has
been cmnmitle.l within the jurisdiction of any (^ourt of Admiralty
in Canada, the same may be dealt with, in.^uired of And tried ami
tl
L
p
1
f
!'Wi
ii I
414
MARINE CRTIillNAL LAW.
determineil iu the same manner as any otiicr felony eoMmitto Dominion of Canada : Jler INIajesty,
by and with the advice and consent of the Senati! and llou.se of
Commons of Canada, enacts as follows :
KXTKNT AM) Al'I'l.ir.V TION <»F ACT.
1. This Act may be cited for all purposes as " The Sleandioat In-
spection Act, ISS-J," and shall cxttMid and apply to th«^ whole Do-
ndnion of Canada, including Manitoba and the Northwest 'IVrritories
and Keewatin.
•2. This Act shall Ite cojistiued as being passed in amendment of
the Act thirty-tirst Victoria, chapter sixty-live, intituled " An Act
respecting the Insiu-ction of Steaml)oats, and for thc^ greater safety
of passen;;ers by tlu'in," as aniendrd by tlu^ .\cts thirty second and
thirty-third Victoria, chapter (liiity nine- tliiitv sixth N'ictoria,
chapters seven ami lifty three ; thirty-seven Victoiia, chapter thirty ;
fortieth Victoria, chapter eighteen, and fortv-fourth Victoria, cha'p
ter twenty-one, wliich are hereby superse.led and r<-pealed ((-icept
as hereinafter provLU-d) with every otiier .\.t, enactm.-nt or pro-
vision inconsistent with this .Act, aiui as being a consolidation of
the amendments li.'ieby ma.le p.Mt ions of the said .Arts whi<-h an^
herein reenacted, and ..f such orders in Council made un.h'r them
as are her.^in incorporated, all of whicii shall be construed a.s declar-
atory of the existing law ; and all appointments ma.le and all things
v-1
• yuan:-'--^'-
)inmitt*^
IT.
iispection
^Mgineers
1882.]
oani boats
>\vii(>(l or
or arriv-
House; of
iilioat l?i-
lolt! Do-
'jiitories
IllI'Mt ot'
An Act
T safety
ond and
\'i((nriii,
thirty ;
la, flia|)
(»!^(.'('|)t
or pro-
at ion (»f
»ir>i arc
»'!• tlllMII
iH (U'dar-
11 tilings
1
i
>*
y
1,
>V
1
\*
^
p
'ij
t
fv
%
;^
SIEAMBOAT TXSi'ECTION ACT.
415
lawfully (lone iiiuler tlio provisions of law then in force, shall remain
valid, unless and until it is tjthcrw ise ordered by or under this Act,
and all j>roceediugs commenced uder ihem may be continued and
completed, as if this Act had not "m-u jiassed, only the amendments
hereby made havinj,' eilect as new i iw.
3. In this Act the word *' .steainboat " includes any vessel used
in navigation or afloat on navigalilf water, and proi)elled or move-
able wholly or iu part by steam , he word "owner" includes the
lessee or chartei.'i- of any such v<.'.ssel ; and the word "year" means
the calendar year, comn\encing < i t\w first day of January, and
(hiding on the tliirty-tirst day of I 'ecembev.
-1. This Act sliidl not apply t(j si. umboats belonging to Her Majesty
the (j)ueen, nor to steamboats regist-red in Great Ihitaiu and Ireland
oi' in any foreigi country, and ply iig between' any port or place in
the Dominion ol Canada :
(2.) And all steam yachts, used xclusively for i)leasur(! or private
\ise without hire or remumu'ation o any kin(l, all tug boats, all steam-
boats carrying fivin-ht oidy (hercsinaiter called fnnght boats) and under
one hundred am! fifty tons gross, lud all steamboats used only for
fishing ])urposes or the cariyiug of fish, and iuid(!r one hundred and
fifty tons gross, and steam dredge- and eliivators or vessels of like
kind, shall be exempt from the re |uireiiients of this Act, except as
regards the inspection of tlunr boil rs and machinery, to which they
shall be subject at least once iu e; .h year, and oftener if lequired,
inider the same provisions and jiehalties for neglect as other steaui-
l)oats, and except also as to the obligation to carry one life-buoy here-
inafter imposed on all steand)oats.
.5. The (loveinor in Council n. ay direct that any steamboat not
registered in the Dominion, but em iloyeil in the Nonunion of Canada
in carrying maiN, passengers or tri ops, shall be subject to the pro-
visions of this At t.
AI'I'iilN I'MKNT AMI i^l All ' h ATh i.N o!' I NSI'IOrl'oKS.
('). The (lovernor in Council sli. 11, from tinit; to time, api»oint at
each of sneh plarrs, and to act res| cctivcly within sn(!h local limits,
as he may linil idvisalde, within \\-<' Pominionof Canada, a skilled
person or skilh d persons compct lit to ins|tect the lioilers and
maehiiieiy em|>li yed in steanilmats. who shall not be inti'rested in the
manufacture of sieaiii engines, boile s or other machinery belonging to
steamboats, ami whose duty it sli;i I Ite to make, such inspection as
hereinafter iireseribed, au the owner or master two of the
ceitilii'ates of six li inspei'lioii, ai 1 also a skilled person or skilled
jtersons competent to inspect the li ills and etpiipment of steamboats,
who shall not be infeivste.i in the 1 uilding or construiaiou of hulls of
steamboats, or ol any article oi thin ', luu inaftcr mentioned as part of
-; M.
UG
STEA^^rliOAT TXSPKCTIoX ACT.
««!"
tlic (Miuiitnicnt vt'tiiiiivil liy tliis Ad for stcaiulHiats, or ]»r(>iMMly l)c-
litii,niiiLi, to or coiiiH'ctcd witli such <'(|iii|»infiit. acfonliii.L,' to llir iiitriit
(tf tliis Aft, iinil ulinsc duty it shall lie to luaKf such iiisiKM'tiini, and
to ^ivu ti'ii>licati' ('crtiiicatcs tif such ins|i('cti(iii :
(:!.) In this Act the cx|ircssinii " hollers and niachiucry '" includes
the steam iMe^ine or en,:^ines. and every pari thereol' oi' thinj;' connected
thei'ewith, eniployed in ]ii-o|iellinx the steaudn.at. and any donkey or
jiony eni^i lie used on hoard, and the lioilei' lU' l)oilers I'of supplyini;'
steam thereto, and the furnaces, chimneys. Hues, safety and Mo\v-otl
valves, naii.u'es, l)raees, s^ys, iiipws, steam imniiis, and aH other apiiar-
atiis and thinL;s attachiHl !<» or connected therewith or used Avitli nd-
crcnce to any smdi eiiniiK' or under the care of the engineer ; and tlu!
expression " hull and enuipmeiil " includes the hull and every part
thereof, masts, sails and ri.Ljgini^' when the steamhoat cnrries them,
life-hoats and other hoats and the tackle and apparatus for lowering'
or hoisting tlu'in, tlie apynrat\is, other than steam lire engines, for ju'e-
venting or extinguisliMi^' hres, anchors and caliles, windlasses and
cajtstaiis, tire huckets, campai»ses, axes, lanterns, and all oUier articles
and things necessary foi? the navigation and safety id' the steamhoat
and not under the care of the engineer; the word "Inspector" in
any provision iti the following sections means a iiersoii appointed to
inspect tho "hollers and maciiiiieiy '" of i^teamhoats, when and so far
as such |irovisioii applies !<• anything inclndeil in that expression, or a
jiersoii appointed to inspect tiie "hulls and ei|iiipmeni " oH' sieam-
hoals, when ami so far as the provision iipplies to anything includeil
in the MXpressioii last luuntioiied ; the woid •• holier "' means a holier
of or intended for a stesriuhoat, and includes hollers when the steam-
lioai has iflore than one, and the word " hoihrs " means '• holier " when
includes till' equipment
he has (nuv one, and the wori
mil
I coiistruclion ; and the
unless the context is iiifnnslsient with siid
word " eertilicate ' iiieai*!< one of the duplicates or triplicates of the
certilicate given liy the l.ii.'diiectors i.r Inspector, as the cAse mav he.
7. No person shall hi,' appointwil an inspector of hollers and
mai'hinn'ry of steamltoatss twiless nor until lie has passed a satisfactory
examination hefori' the lioard of Steaml)oat Inspection, as \u his
kiiowleilge on the siihject of hollers and macl
the working of the sanii' ; or an liispecior of the |ndl
of siiidi vessels, iinlesN he lias passed a satisfac|or\
his cciiii|ietencv for the ollice, hefoic a h(iard of ll
hu
survevor (i|
iLor s
iiiiei V o| stcamhoats, am
and eipiipiiM III
eNaiiiiiialioji as to
lldels to he appoililerr/)AT INSPKCTruX ACT.
tl
and
■tnrv
his
<. and
as |(.
sliiji-
ilir.l
liii- ;
ss he
prar-
it li.>
;ov as
(•2.) Pmvi.lctl always, tliut all Inspp*;**^ appoiiitcd bof.nv the
passiiiL.' i.f this Act shall coiitiiiuc iii olHci^ at< Inspectors nf hnilcrs
and niaehincry until icnidvtiil luulor this Aet :
{.").) I'-V('i'\ such Inspector, heforc cntcrini^Mipon his duties as such,
shall take and suliscrilx- an nath, before any persim cluly authorized to
administer an oath, well, t'aithfidly and impartially in execute tln^
duties assii^ned to him hy this Act.
S. 'Pile inspectors shad i'orm a Itniud, to he odled the "Hoard of
Stcandioat Inspection,"' of whom the (lnvenior shall name the cliaii-
man : three of tiie nieudicrs shall form a (pioruni, and the chairman
shall have the rii^ht to vote, and in case of an <'(pial divisidu he shall
also have a castiuj;- vote; and the nunutes of the pvoceediui^s nf the
]')()ard shall lie kept hy him :
("2.) The l)oard shall meet at least once evcny year at such place as
they may aj;ree upon, and may make rules and rej^ulations for their
own conduct, and for the uniform inspection of steaudioats, the,
selection of ports of inspection, and ;j,rantinL;' linjJjpses to engineers, iiin I
for such other purposes as may he necessary under tin's Act, and may,
from time to time, reiieal, alter or add to such I'ules and re^idatiotis ur
make tithers in tlieii steail ; and such I'ulcs and re,L;ulations sliall t'onie
into foi'ce after they have been appmvcd Ity the ( lovernor in Council,
hut n<»t before ; and cojiies of the minutes of the proceed in.^s of the
I'.oiivd, certitied liy the chairman, shall be tninsmitted to the Miinster
of Marine and l'"islieries ; provided that such rules and renuhilions
made btd'ore this Ad cnuies into force shall iciuain in inn'i' iinlil
l'ei)ealed oi' amended under it :
(3.) Provideil always, that in the I'rnvinces nf .Mauit(»ba and Ihit-
ish Coiumliia, and in the Northwest Territories and the histrictof
l\eewatin, the Minister of Maiine and Kisjun'ie.'^ niay, if, and when he
sees lit, dispense with the appointment nf an lus[iecloi' of ludls and
eiiuipment ; an saiil Minister may, by I tepartmental Onler, assi-n tin;
duties of su(;h Inspeclnr to the inspectnrof l>oih'rs and machinery, or
such other person as he may tempoiMiily I'lnplny, who shall then and
so hin<4' as such order remains in have, have all the powers and per-
form id 1 the duties her(>hy assi-iied to the lnsiM«ctor (d' hulls and
e(pnpnient, under the like obliealinns and like penalti.'s in case nf
default ; the fnrnis nf certiiicati' bcin- altered tn suit the ease.
INSI'Ki THIN CKNKIfAl.l.V.
!). The chairman nf the I'.oard nf Steamboat Inspeclion may, at
any time, inspect or examine the hull, boiler and machinery of any
steandioat, and if he suspects any lnspeetL>rof having neylected Jus
i
•' I
418
STEAMTJOAT T>SPECTT()X ACT
duty in relation to siicli stianiltc it, lie may call a mcctinj,' of tlit-
IJoaril to investigate' the. ease ; ant! the result of ever; such investii^a-
tion shall forthwith he coninuinie itetl in writini,' to the Minister of
^larine and Fisheries, for the inhn nation of the (iovcrnorin Council.
10. The master (U- owner oi ev. ly steainhoat lial'ie to inspecliou
under this Act, shall eause tlie hoi it ami machinery and the hull and
equipment thereof, to lie ins]iecte(l at least once every year, and shall
deliver to the chief ollicer of ("ust ins at the poit where sucii inspec-
tion is made, or at which such ste; iiilioat shall arrive next after such
inspection, where it has not lieen iiadc in such port, one of the eer-
titicates thereof; and for eveiy \u- ;lcct \n cau.se such iuspeetion to Im^
made, and a ciutiticate thereof to li' delivered to the proper ollicer of
Customs, such master or owner sh;i!l incur a penalty "f foiir hundicd
dollars, and such steaudtoat shall i.e liable for the snuie and charge-
able therewith ; and evcu'y such cetilicate unless sooner revoked shall
he good for a ju'riod of twelve mo iths from the date thereof, or for
such loss period as may hv stated ly the InsjiecttM' in (he eertillcate.
11. The master, owner or engiii cr of every steamhoat, or the per-
son in charge thereof, shall at tie earliest oppoitunity after tiie
occurrence of any event wherehy t le hull, or the machinery, or boiler
thereof, or any part of any or eill.er oi' the same, is in any material
degree injured, strained or weakc'cd, report such o( eurrenccf to the
hispector by whom the sanu' was ist inspected, or tn tlu^ i»roper In-
spector at the pm-t or i»lace where tin' steamboat is, (M' lirst arrives after
such event occurs ; and in ca.sc n|' omissioii to give such notice 1 ho
owner of the steamboat shall hnl'it In Her Majesty two hundred
dollars for every day during whicli such oini.ssidii ccnitinues ; and if
the injury be to the madiincry or ^Kiiler or
license of the; engineer shall lie iv dked.
any part "f the same, the
12. Any Inspector may, at all
examining any boilers and machii
ask of any or all of the owners, ol icers or engineer
lines when llis|)ei
TV or the hull ol
ling, visiting or
any steandtoat,
of such steam-
boat, or other person on board tliei cif and in charge or appearin-^' to
be in charge of the same, or of tin lioilcr or ma.liiin ry thereof, such
pcirtinent questions conc(>rniiig the same, or concerniMg any accident
that' may have happeiu'il thereto, a he may think tit : .ind every such
person shall fully and truly answer every siich (|uesti.iii so put "to him
respectively, to the best of his hiowjeilge and ability: and every
person refusing to answer or false! \ answering such .|uestion or pre-
venting any such inspection <,r obsructing any In.sjie. lur in the same,
shall, by so acting, incur a penalty nf haty dollars.
i:V Any Inspector of Steamhoais is hereby empovunvd to demand
oftheownerormasterofanysteaiidio.it lunng iiisiH 'ted l)y jiini the
production of the eertilicatc of i -istry of such si -andioa't ; and it
i
STKAMP.OAT IXSl'KCTroX ACT.
419
i
:! A\
sliall therouiH)!! In; the duty of siuli owirt oi master to pnuluce iiii.l
exhibit the same to such Inspoetor.
U. When the lusjieetor finds it necessary to opeu u|. the hull of a
vessel for the iiurpose of exaiiiiiiiiiH; licrrouilitiou the ex-pcnsc iueurretl
thereby shall lie (chargeable to the .iwuer of sueh vessel.
IT). The Iiisi>eetorniay re(niire that the eii-ine ami maehiiierv under
inspection by him, be put in moti..n ; and any Inspector shall be
carried free of exjtense on any steandioat whieli he shall desirt; to
inspect while under way, and during such jicriod as mny be necessary
for such inspection, and for his return to the port at which he em-
barked on such steamboat for such purpose, or for his disembarlcatiou
at any ptul iit which such steamlniat Inuches on her voyage.
16. If the Inspector who inspects any steandioat in the manner
re(piired by this .Vet, approves the hull and eipiipment of such steam-
l)oat, ho shall sign a eertitieate according to the form A in the
schedule of this Act, and triplicates of such certilicale, sigmul by the
riis])ector of hulls and equipment, shall lut delivered by him to the
lnsp(H-torof boiha's iind machinery for the same district, who, if he
has then inspected and approved the boilers and machiiuiry of the
st(!aniboat and has also satistied himself that the eertitieate of the
Inspector of hulls ami cipiipmt-nt is true and correct as to the said
eipnpment and as to the lunnber of passengers the steamboat may
lawfully carry, and as to all the jtarticidars mentioned in the said
form, and that the e(piipment is sullicient and in accordance with the
reipiirements of this Act, shall sign tliur]toses of this Act :
(2.) I'Acejit that if the steamboat is one of which the boiler and
machinery only is subject to inspection under this Act, the Inspector
u( boilers and machinery shuH sign a eertitieate in the form !'• in the
said schedule, in duplicate, and deliv(rtlie duplicates to the master
or o\vni?r of any steandioat, who shall delivei' one to the chief oilicer
of Customs and cause the other to be posted up in some conspicuous
part of the steamboat for the informatinn of the public :
{\\) ,\ny matter in dispute arising under this or any other sections
of this Act, between an Inspector or the Hoard of Inspection and the
master or owner of any steandioat and also any dispute between an
lnsi»eetor or the Hoard of inspei'tiun and an engineer, may be referred
by either party to the iMinisler of .Marine and Kisheries, who sliall
tinally deciile the same :
'HI
I
420
STEAMr.oAT IXST'ECTTOX ACT.
(4) l\iicli rns|H'rt()r .-liiiU keep ;i vci^istcr nf the iiis])('cti(iiis iiinl wv-
titiciiti's iiiiulc iUiil i;riuitt'(l liy Iiiui, in such t'oriii Mini with such iKir-
ticulai's ivs]H'ctin,L;' Ihcia as the !ns|icctiiiM IJouid sliall fnnu time to
tiint> i'(M|uiiv, fiinl shall I'uruish cn|iirs thcivnl' tn the I'.DanI wIicti
rcquiivil.
INSl'KCTIiiN (II' l!Oll.(:i!S AND M At 11 1 N Kl{ V.
17. .\^\ lns])t'<'tiir may, whciifvci' he ilcciiis il necessary so id dn,
and some one nt' them shall at least nlice in eveiy year, suhjec^ the
lidilei' III' evi'iT steamlidat \n a test liy hydinstiil ic |iivssuie, and slirdl
.satisfy himsidt' liy examiiialini. and e\|ieiiiiienlal trials, that surli
Imilei' is \v(dl made, dl' L^imd ami sulista!ili;d niet:»l ; the limit nf such
jiiessui'c shall not exceed one hiimli'ed and lll'ty jiounds to the sijuait.'
incli in the case of a hoiler made of iron plates, or one hundre(l and
ninety jinunds to the stjuare inch in t'ase of a hoiler made of steel
plates; and the owner of the steanihoat shall judvide the necessary
hand-pum)) and apparatus for such test, to he worked li\ the crew cH'
the steanihoat : and no h'.spector shall make oi deliver to the owner
or master of any steamlioat, any such I'ertilicate as is ineiitioiifd in
the sixtcM^nlh section of this Act, without liaviiii; lirsl snhjccted the
lioiler of such steamhoal to such test hy hydrostatic piessiiie :
(2) Uefore sulijtM'tinL;- a hoiler to a test liy hydrostatic piessuiv, it
shall lie opened up for iii.-pection. thi- man-hole doors and mud plates
removed, and the outside and insiile of the Imiler idcaned, the furnaci'
grates removetl and the furnace swept out clean, so that satisf.ictorv
and etlicient insjiection can he made : when Imlklieads aiv so plaocd
as to prevent a closi' examination of the plates of the hoiler, they
sliall lie reniovi'd. The owner or master of the steamhoat shall see
that tliese retpiireiueiils are complied with liefore ajiplviu;;- for in-
spection ;
In any case in which the ti'st is not satisfactory, the (hd'ects niusi
he made ,i;ood and the lioiler ivtested satishictorily, iiefore a certilicate
shall he jj;rantLMl ; and —
AVlieii the outside of the hottoiii of a hoilei' cannot he otluu'wise
Iterfectly inspected, tla^ hoiler shall lie lifted for inspection once at
h'ast in every four years :
(:i) In suhjectinjj, hollers made of iron plates to the hydrostatic test
ahiresaid, the Inspector shall assume one hundred pounds to the
s([uave inch as the iiiaxiniuni pressure allowahle as :i working power
fill a new hoiler forty-two inches in dianieter, made of the liest lelineil
iron, at least one (|Uarter of an inch thick, in the liest manner ami of
the iinality lieivin re.piired, and shall rate the workin- pressure of
all ivfin hollers, whether of n'lvater or less diameter, accordiiin- to this
standard ; and in all such cases the test a[iplied shall oxwed the
8TKA^nU)AT INSPIXJTTOX ACT.
421
1 SIM'
tnr iii-
Is iinist
rlilifiitf
lorwisc
nice ill
Itic It'st
1m tlic
|Hi\vcr
rdiiit'il
,1111 I of
^slIl'C of
to tliis
I'll till)
workiii.i,' i.ivssuiv allowcl in the ratio of on.; Inimlivil iiinl fifty jiouikIs
to one liiimliv.l, nsin^ llic watrr in sudi ti'st at a tcininTatiiiv not
I'XiciMlin.^ sixty dcj^TtM-s Kui'-nlicit ;
(I) In ^nlij-Mlin^' lioilcisniadc of stfcl to tlic hydrostatic toft afoiv-
s!ii|ii'rtors sliall assume one liunilri'il anil twenty-live i>onn,ii(. ulJowaMe as 'i workiiii^ |io\ver for a new
lioiler forty-lwo intip's in ilianieler, made .'n tlie liest manner, of the
liesl ([iiality of sti'i'l plates, at least one-([uaiter of an inch thick, with
all the rivet holes drilled in [dace, the jilate.^ Iieinn' then taken a|iart
and the hnrrs removed, the loni;ilndinal seams in thi; shell hein;^ tit-
ti'il with doiiltle hutt steel strajis cut across the .n'raiu of the plate, ami
each of live ei;^hts the. thickness of the phites they cover, and all the
seams heim,' at least douhle riveted and haviuj;- at least seventy jier
cent, of the .-treni^th of the solid plate, and all the Hat surfaces stayetl
in the liest maiiiier and all the seams douhle-rivetted, — and they shall
rate the Working; pressure of all steel hollers so made, whether of
L;reater or less liiametei', accordin.n' to this standard ; and in all such
cases the test ap].--^ 'd shall exceilini^; the working' pressure allowed
for snch hoileis in die ratio of one hundred and ninety pounds to one
hundred and tweiity-tive pounds, usin;^ the water in such tests at a
teniiicrature not exceeding;' sixty decrees Fahrenheit :
(.')) lUit if the Insperidr is of opinion that any hoiler, whether
niatlc of iron or -ti'el plates, liy reason of its constnii'tion or material,
will not safely allow ;-o hi-li a workiii.n jiri'ssure as that hereinhefore
specilied for eaih -ueh description of hoiler i'e>ipeclively, he may, lor
reason? to l,c staled sprcilically in his ecrtiticate, tix the workin,:;' I'res-
siire of such hoiln ,ii less than two Ihinls of the test pressure :
((■>) .\nd the-;.- rul'> -li;dl lie ohservetl in all eases, unless the 1>1«)-
pnrtion lielween siirh lioilers and cylinders, or some other cause,
renders it manifest tlnit their application would he \in,just, in whieh
case the In-pector may depart from these rules if it can he done with
safety : lail in no ease shall the woikiii;.^ i.ressmv allowed exceed the
jiropoition hereinhefori- mentioned, as comiiared with the hydrostatic
test :
(7) '{'he eM.-nial workm- pre.^Mnr jo he allowed on I'ireular fur-
naces and llu.> ^uhjirtrd to sueh pressure, when the lon-itudnial
jninis are uehh-d or made williin a hull strap, shall he detcrmni.'.l hy
the fiillowin- 'formula ;
■I'll,, pinduet of 'jiMMio multiplied \>\ the s,|uare of llie thickness of
the phne in inehes divid.'d hy ihe len.ulh of the Hue or lurna... in
f..et pl.isd, multiplied hv Ihe diameter in inches, will hethea lowahle
widKCTI(>X ACT.
Tlu> product of S,0()0 niultiplif.l l.y llio lliifkii<>ss of tlir iilivlc in
iuclii's, tliviact of heat or
llanie, ami stiain t)nly is in contatt with the plates t>n the
ojtliosite sitlc, (" is to be reiluced tt> TtO ;
(9) In ortler to satisfy himself as to the strength ami coniIilit)n ttf
a boiler, the Insjieitor may, if he tleems it necessary, ortler hnlcs to
be cut in it, ami may alM> demand that such information be furiushefl
him as to the interior construction of the boiler as will enable him to
jutlju'e corn'ctly of its strength :
(10) In no case shall ;i icrtiiicale be Mianti'il for a boilei when tlrifl
pins have liecn used in briui^in^ the littles in the sheets Iti^t'ther:
(11) Man hole t.peniii-s must be stilVenetl with coiupen.salin^- rin-s
of at least the same eileclive sectional area as the plate cut out, ami
in no case shall such rin,ns 1 f less thickness than the plates to
which they are attatlieil ; all openin,^s in the shells of cylimlrical
boilers shall have their short axes placed lt)n,L;itutlinally :
(12) AVlieii bars or iin-le irons are us,.d U>v sustainiiin' tln^ ci
I )W 1 1
sheet of the furnace of a builcr, tliree-tiftlis of the win'king pressure
alltiwalile upon the crown sheet, shall be .sustainetl by hangin-' stays
from the shell tif the boiler attachetl In the Clown sheet :
(13) Dtuikey boilers dh sleambants shall be piovided with two
safety-valves, niie of which may be lacked up:
(l-l) IJoilers in which the lon.^itmliiial
shell are siii,i;le riveted, iu place tif tlnuble riveted ; shall be subject
to a retluctitin in the wuikiii^ pressure allowalile for a bniler math' in
the best manner (as |,rescribed by suli-section three ami four td' this
siM'titui), antl the limit t.t pressure in boilers sn made shall not exeeetl
eighty pounds to the s,p,;ire inch in placi' (,f one hundred ptinnd
cams in tlm eyiintlrical
Is or
w— 1
t]
he jiliitc in
iiii'lii-^, will
lis
I ]\vvv^ tlio
viii,i;s ; and
V lii'iiio tlio
ill lint ex-
il' s('(tinnal
il 111! jilaU's
fdi'unilii :—
lUiu'c iiiili.
. of liciit 111'
U's (111 tlit^
Diiditinii of
I'l' lltijcS fu
' fiiMiishcrf
1»I(j him to
wlicii drift
tli.T:
tin;; I'in.us
\i Dill, mill
|.latrs \n
'Vlimlvical
ic crnwii
lirt'ssiiic
[iii.L;- stays
'illi two
liiidrical
sitlijcct
|iiadi> ill
I if lliis
I'Xc'cu'd
funds oi'
1—1
STEA^rnoAT IXSPECTIOX ACT.
423
one Imndi't'd and twouty-livr iiuumls, as mcntiouod in .snl>soction.s
tlmM! and four of this scftiou.
IS. >»'o boik'v niad(i and iilaiud mi imard aftur the i)assin,L!; of this
Act shall lu^ made of l>oilci' |i!,ilc. w Ijcihci' iviui or steel, which has
not 1)e,en stanrjied with llic mark or iiani,. nf the luaki!!' tliereof ; and
no certilicate shall Iti; ;j,i'aiited wllii respect to any lioiler made wholly
or in part of plate imt so marked ; and lieiore a eertiiieate shall Ik;
_y,Tanted with respect to any Imjle!', a deelaratioii on oath liy tho maker
id" the hoiler, statiii;^- the iiaim nf the. maker of the. plates, their
(piality, and the ipiality of all materials nsed in the (Mnistriietion there-
of, nliall he furnished to the Inspeetui', which oath may lie taken
Itefore any dustici! of the I'eace in Canada, or hel'ore a Notary I'nhlic,
and certilied luidcr his ollicial seal, if taken out of Canada : Provided
always, that in any case where such declaration on oath by the maker
of the boiler cannot be obtained owii'u to the death of the maker, or
from other ciause deemed siitlicieiit by the liis[)ector, the aliidavit of
two ju'actical lioiler-makers who shall examine the builer and repurt
npon the (|nalily of the materials in it and its workmanshi[) and
strength, shall, if satisfactory tn the Inspector inspecting the boiler,
lie deemed siillicient in lieu of such deidaration liy the maker of the
boiler:
2. Diiriii;^ the construction of every boiler made in canada, the
maker (d" such lioiler shall notify the Inspector of the district in wliieh
it is beiiin made, that it is open to his insiiectioii, and shall, at all
timi;s duriicj, such construction allow the Inspector access to such
boiler :
;). Xo boiler or jupe sliall be ap]iioved which is made in whole ov
ill part of bad material, or is un.sab' in its fnrm, or dangerous from
defective workmaiishap, age, use or any other cause.
s.\ii;tv \ ,\i,vk>, sri;.\\i oaioios. i:tc.
111. Every Inspector, wlicii inspecting, visiting, or examining the
boiler or niachiueiy of any steamiioal, shall satisfy himself that the
safety-valves atlaclied thereto are of suitable dimeiisii us, siiliicient in
niiniiier, well inaiia;.;ed and in ;j,"od working order, and oidy loaded sf»
as to open at or lielow the certilied working pressure ; and he may, if
he thinks jiroper, order and I'an-e one or iiioie of such safety-valves,
which, tom'thei shall be of suliMieut dimensions to discharge all the
steam the boiler can generate, ami of .siicli cousi ruction as he approves,
to be lucked up and taken wholly away'froiii the cmtrol of the. engin-
eer whei'. the ^leaiii is up ; but liiis provision does not imply that the
,.ii"iiieer is not to have access to the safety-valves when the steam is
HO? in. but on the contiaiv he shall .see that they are kept in working
order, and tlu' master of the sb'aiidioat shall see that the eiignieer has
access to them for that purpose, and kcep,^ them in projier working
Older ;
424
STEANrr.oAT INSIMXTION ACT.
•J. Tl\o iMiilcr-cocks mid viilvcs iitl:iclinl In llic luiilcrs, sliiill lie
siilistautiiilly uiiidi', ;iii