Charles Edward Pollock Frederic Philip Maude.

Compendium of the law of merchant shipping online

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what contracts transfer possession of ship, 260, 261.

PREMIUM (see Iniurance, Return </ Premium).
payment of policy on, 296.
set-off of against loss, 376.
cannot be set off in an action for a partial loss, 378.

salvage in respect of, 422.
provisions of M. S. Act as to, 423.
has priority over other claims, 423.
apportionment of salvage in respect of, 431, note.

PRESUMPTION as to loss of ship insured, 321.


PRINTED PART OF POLICY, less weight given to it than to written part, 800

PRIVIES, passenger ships must be fitted up with, 462.

PRIVILEGES OF BRITISH SHIP, ship must be roistered to entitle her to, 16
what they are, 16.
how lost, 14.

PRIZE (see Capture).

PROFITS, insurance on, 304.

PROOF (see Evidence).

PROPERTY IN SHIPS (see Title to British Ships).
when it passes, 29.

PROPERTY OF DECEASED SEAMEN how disposed of, 166 (see Crew).

PROTEST should be made after jettison, 282.


when certificate of registry is lost, 12.
where loss occurs in United Kingdom, 12.

elsewhere, 12.
delivery up of, to registrar by master, 12, 15.
grant of, when ship sold abroad, 14.

particulars required in, 14.

duration of, 14.
on alterations in ship, 14, 15.

right to require ship to be reg^tered anew, 15.

provisional indorsement as to alterations, 15.

PROVISIONS, supply o^ in passenger ships, 463, 464.

those carried for crew in passenger ships must be similar to those furnished
to passengers, 463, note.

Digitized by




PROVISIONS, approval of, by emigration officers, 463.
penalty for reshipping after rejection, 463.

for obtaining a clearance for a ship not properly stored, 463.
dietary scale of, for passenger ships, 464.
substitutions in scale of, 465.
issue of, to messes, 465.
cooking of, 465.

QUEEN'S ENEMIES, meaning of term, 228.

shipowner not liable to charterer for acts of, 227.

QUEEN'S SHIP (see Officers qf Queen* s Ships).
not bound to employ pilot, 187.
officers of, when liable for collision, 406.
right of, to claim salvage, 438.
not within operation of Passengers Act, 455.

RANSOM of ship after capture prohibited, 106, 324.

RATIFICATION of stoppage in transitu, 277.
by principal, of insurance by agent, 295.
by owner, of sale of ship by master, 396.

RATS, liability of shipowner and master for damage done by, 91.
of underwriter, 320.

RE-CAPTURE (see Capture).
effect of, on freight, 248.
salvage upon, 421.

RECEIPT should be given by master to shipper of goods, 90.

should be returned to master before he gives bill of lading, 90.


REGISTRAR (see RegUtry).
appointment of, 4, 5.
liability of, 5, note,
fees of, 5, note.

must keep register book, 6, 10.
production to, of certificate of survey, 7.

of builder's certificate, 9.
duties of, when ship registered anew, 16.
what documents registrar must retain, 25.
must obey order of Court prohibiting any dealing with ship, without being

made a party to the proceedings, 26.
when to grant certificate of sale (see Certificate qf Sale), 26.
when to grant certificate of mortgage (see Certificate ojf Mortgage), 36.


provisions of M. S. Act, as to, 124, 125.
register tickets abolished, 124.
establishment of general register, 125.

REGISTRY (see Capture, Certificate, Mortgage, Owners of Ships, Sale).
registration now compulsory, 2. -
for what purpose necessary, 2.

by M. S. Act, 1854, British ships must be registered, 3.
except ships registered before act, 3.

ships not exceeding fifteen tons employed in coasting, 3.

thirty tons employed in fishing or trading
coastwise, 3.
effect of not being registered, 3.
where and how registry may be made, 4, 5.
in the United Kingdom, 4.
in Channel Islands, 5.
in Malta, Gibraltar, &c, 5.
in territories within charter, but not under government of East India

Company, 5.
at Calcutta, &c., 5.

Digitized by



REGISTRY, tonnage, how computed on registry, 5, 6.

number denoting, must be carved on beam, 6.

effect of alteration in capacity of ship, or mistake, 6.

re-measurement of ships registered before act, 6.

of steam>ships where alterations have been made, 6.
register book to be kept, 6.
what is to be deemed port of registry, 6.
name must be painted on ship, 7.
name of port must be painted on ship, 7*

names may not be changed or concealed, 7.

ship may not be described by any other name, 7.
application for, how made, 7*

by agent of owners, 7.

by corporation, 7.
survey of ship and certificate, 7.
entries in register book as to shares, 7.

number of owners, 8.

no registration of fractional parts of share, 8.

joint owners, 8.

bodies corporate, 8.
declaration by owners, 8.

particulars required in, 8.

where to be made, 9.

how to be made when ship owned by corporation, 9.
builder's certificate, 9.

particulars required in, 9, 10.

in case of British built ships, 9.
of foreign built ships, 10.
of ships condemned, 10.

penalty for false sutements in, 16.
entry in book of registry, 10.

particulars required in, 10.

no notice of trusts, &c., 10.
certificate of registry, 11.

particulars required in, 1 1.

delivery up of, on change of ownership, 11.

indorsement of change of master on, 11.

grant of new, on delivery up of old, 12.

effect of loss or destruction of, 12, 13.

grant of provisional certificate (see Provisional Certificate)^ 12, H, 15.
delivery up of to registrar, 12.

detainer and use of certificate, 12, 13.

proceedings in respect of unlawful detention, 13.

wrongful user of certificate, 13.

delivery up of, on loss or capture, &c, of British ship, 14.

grant of provisional certificate where ship sold abroad, 14.
registry anew and transfer of certificate, 14, 15, 16.

provisional indorsement on certificate, 15.

delivery up of to registrar, 15.

effect of failure to register anew, 15, 16.
registration on sale, 22.

how to be made, 22.

where to be made, 22.

production to registrar of bill of sale, 22.

entry of in register book, 22.

priority of vendees, 23.
registration on transmission by act of law, 23.

on marriage, death, bankruptcy, &c., 24.

entry of in register book, 24, 25.

on sale by Court when ship vested in unqualified persons, 25, 74.
power of Court to prohibit dealings with ship, 26, 74.
not necessary on equitable deposit of certificate, 36.
register, when pr^mA facte evidence of ownership, 48, b^ — 62.
duty of master with respect to cef tificate of registry, 92.

Digitized by



REGISTRY DE NOVO, when necessary, 14, 15, 16 (see RegUtry).
may be granted though not required, 16.
bill of sfde must be produced where shares sold since last registry, 22.

RE-INSURANCE (see Insurance), 302.

REMEDIES (see Aetiom).

of part owners against each other, 68.

on contract of charter-party, 221, 224.

on bills of lading, 233, 236.

on policies of insurance, 376.

effect of agreement to refer, 376, 377.

who may sue on policy under seal, 377.

when not under seal, 377>

consolidation rule, 377.

premiums due cannot be set off in action for partial loss, 378.

effect of proviso in policy that funds of company shall be alone liable, 878.

where policy granted by joint-stock company, 379.

on bottomry bonds, 392.

in Court of Admiralty, 393.

in Court of Chancery, 394.
for improper sale of ship by master, 395.
for collision, 407, 411—416.
effect on remedy for collision of neglect of statutory rules as to passing of

steamers, and of Admiralty rules as to lights, 409.
for salvage, 426, 428.
limitation of, for breaches of the Passengers Act, 473.

REPAIRS, lijibility of owners for, 56, 57.

of registered owners, 55, 58, 61.
recent decisions, 58, 61.

of mortgagees, 57, 62.

of legal and beneficial owners, 57.

of lessees, 63.

of owners pro hde vice, 63.
extent of liability, 63.
lien of material men for, 64.
rule at law, 64.
in Court of Admiralty, 66.

statutory jurisdiction of Admiralty as to repairs, 65.
necessaries furnished abroad, 66.
what are necessaries, 66.
power of master to bind owners for, 102.

to hypothecate ship and cargo for, 867.

to sell cargo for, 396.

REPORT by master on clearing ship inwards, 101.

to Board of Trade of accidents and loss of steamers, 92.

REPRESENTATIONS on Insurance (see Qmctaiment).
nature of, 333, 346.

how they differ from warranties, 333, 347.
different kinds of, 347.

at what time they must have been made, 347.
when admissible in evidence, 347.
effect of on policy, 348.

made to first underwriter considered to be made to all, 348.
where there is fraud, 348.

moral fraud not necessary in order to invalidate contract, 348.
how far they must be complied with, 349.
substantial compliance sufficient, 349.
where they may be extended by implication, 350.
where they relate to future events, 350.

where they are of intention, expectation, or belief of assured, 351.
when material to risk, 351.
materiality of, how determined, 351.
underwriter must have acted on faith of, 351.
positive importance not material if they have affected underwriter, 851.

Digitized by




RESTRAINT OF PRINCES, shipowner not liable to charterer for, 231.

RETURN OF PREMIUM (see Insurance), 880.

RETURNS of crew, 125.

of passengers carried, 457, 478.

REVOLT, offence of revolting against master, 99.

RICE, not within word "com" in memorandum, 827.

RISK, when it attaches under policy of insurance, 810, 880 (see Insurance),

RISK OF BOATS, exception as to, 229.

ROBBERS, liabilitj of shipowners for loss of goods by, 48, 280.
not within exception of Queen*s enemies, 228.

RUNNERS, regulations respecting, 472.

not actinff under a written authority cannot recover compensation, 472.

must exhibit authority when required, 472.

lists must be exhibited in offices of brokers, 472, note.

RUNNING AWAY WITH SHIP, offence of, 99.

SAFETY OF SHIP ON A GIVEN DAY, warranty of, 884 (see Warranties on

SAFETY VALVES, boilers of passenger steam vessels must be provided with,
penalty for putting improper weights on, 450, note.

SAILING ORDERS must be obtained on joining c«nvoy, 387.
what excuses the obtaining of, 888.

SAILING RULES, customary, 899.

Trinity House rules as to steamers, 899.
statutory rules as to passing of vessels, 400.

in cases of collision no damages recoverable by vessel that disobeys them,

sell, 396.
effect of improper sale, 896.
shipowner must indemnify owner of cargo, 397.
at what price owner is entitled to estimate the goods, 897.
is subject of general average, 282.

SALE OF SHIP, no market overt for sale of ships, 19.
by Court of Admiralty, 19.
by private persons, 20.
biUofsale, 20, 21.
must be under seal, 21.
form and contents of, 21.
effect of a contract which foils to observe requirements of M. S. Act, 1854,

21, note,
entry of bill of sale in book of registry, 22 (see Registry),
indorsement of on certificate, 22.

transferee must make declaration before be can be registered, 22.
declaration bow made, 22.

sale of ship or share transmitted by act of law to unqualified owner, 25, 74.
Court may prohibit any dealing with ship or share, 26, 74.
certificate of sale (se^ Certificate rf Sale), 26.
priority of vendees, 23.
sale by agent, 28.

bankruptcy of, or execution against vendor, 29.
when property passes, 29.
question of fact rather than of law, 30.
ule of ship at sea, 29, note,
warranty on sale, 30.
what passes, 30.

Digitized by



SALE OF SHIP, sale by one part owner not a conversion, 68.

when ship sold abroad crew must be furnished with employment, 139.

SALE OF SHIP BY MASTER FOR REPAIRS, &c., when master may seU
ship, 395.
proceeds of sale, 395.

when sale not justified no title passes, 395.
ratification of improper sale by owner, 396.
right to receive proceeds, 396.
sde by master cannot make partial loss total, 396.

SALVAGE (see Wreck).

agreement by seamen to abandon right to, inoperative, 133, 425.

what it is, 419.

general nature of service, 419.

must be extraordinary, 420.

must be beneficial, 421.
services on land in connection with assistance at sea, 421.
cases of re-capture, 421.

preservation of human life (see Preservation of L\fe\ 422, 423.
salvage in respect of, has priority over all other claims of salvage, 423.
who may claim salvage, 422.

provisions of the M. S. Act, 1854.. 422.

when officers or crew of ship in distress may claim salvage, 423.

pilots, 424.

passengers, 425.

persons who act under a contract, 425.

right when ships sail as consorts, 426.

claim by charterer, 426.
remedies of salvors, 426.
lien for, 426.
action, 426.

suits in Court of Admiralty, 427.
not ousted by agreement to refer, 427.
proceedings under M. S. Act, 1854. .427.
when claim under 200/., 428.
when it exceeds 2002., 428.
appeal to Court of Admiralty, 428.
payment of amount over to, and duties of receiver, 429.
when receiver may detain ship, 429.
when he may sell, 430.

amount of salvage awarded and how apportioned, 430.
general rules, 430.

instructions issued by Board of Trade, 431, note,
cases of derelict, 431.
use of steam power, 432.

when Court of Appeal will interfere with amount, 433.
Court of Admiralty may apportion, 433.

instructions of Board of Trade with reference to apportionment, 433, note,
effect of misconduct of salvors, 434.
allotment to part of crew not actually engaged, 435.
to owners of boats, &c., 436.
to second salvors, 436.

remuneration for services by coast-guard, 436.
within jurisdiction of Cinque Ports, 437.
claims to, how determined, 437.
appeal, 438.
by Queen's ships, 438.

when assistance ffiven was incidental to general duty, 438.
statutory regulations with respect to, 439.
proceedings when services rendered abroad, 439.
salt age bond, 439.
voluntary agreements on abandonment of lien, 440.


Digitized by



SCALE (see Boats, Dietary Scale),

SCREENS, side lights carried by vessels to prevent collision must be furnished
with, 403.

SEA, PERILS OF, liability of shipowner to charterer for loss by, 228.
loss of ship insured by, 319 (see Perils insured against hy Policy).

SEAMEN (see Crew),

Corporations for relief of, 174.


SEARCH, resisting right of, breach of warranty of neutrality, 338.

SEAWORTHINESS (see Warranties on Insurance),
not warranted on simple sale of ship, 30.
ship may be seaworthy although crew not properly hired, 45.
ship becoming unseaworthy after commencement of voyage, 44.
when condition precedent to right to freight, 239.
what is seaworthiness within warranty on policy of insurance, 342.

on voyage policy, 342.

on time policy, 342, 345.
implied although insurance of salvage, 342.
admission of, by underwriter, 342, note,
seaworthiness for a port, 343.

for canal or river navigation, 343.

SENTENCE of foreign Admiralty Court, effect of, 40, 339.

SERVICE, certificate of, 79.


SHARES IN BRITISH SHIPS, division of, 7.

not more than thirty -two persons may be legal owners, 8.
subject to rules as to joint owners and by transmission, 8.
who may be beneficially entitled, 8.
no ownership of part of a share to be registered, 8.

SHIP (see British Ships, Mortgage qf Ship, Owners qf SJiips, Sale qf Ship, Title to
British Ships),
insurance on, 303.

"SHIP OR SHIPS," effect of insurance on, 296 (see Insurance).

SHIPPING MASTERS, how appointed, 128, 129.
control of Board of Trade over, 128.
their office and duties, 129, 162.
remuneration of, 129.
agreement to submit questions to, 162.
payment of wages before, 162.
release before, 163.
receipt of property and effects of deceased seamen by, 166.

how established, 128.

SHIP'S ARTICLES (see Agreement).


SHIP'S PAPERS, certificate of registry, 92.
agreement with the seamen, 93.
charter-party, 93.
bills of lading and invoices, 93.
log book, 93.

official log book under M. S. Act, 1854. .93.
bUl of health, 95.

when master must produce abroad, 9^,
when he must deliver, to officer at foreign port, 96.
passport or sea letter, 95.
Mediterranean pass (not now used), 96.
where vessel warranted neutral, 245.

Digitized by



SHIPWRECK does not dissolve mariner's contract, 113.
effect of, on wages of crew, 151.
forwarding of passengers in cases of, 469.

SHIPWRIGHT, lien of, for repairs, 64.

SHORT DELIVERY OF CARGO, effect of, on freight, 249.

SICKNESS OF SEAMAN, effect of, on wages, 146, 153.

when owners liable for expenses caused by, 146.
SLIPS, agreement to insure on, when valid, 295.

SOUTHERN WHALE FISHERY,provisionsof M.S. Act, 1854, as to payment
of wages do not apply to ships engaged in, 162.

SPACE, sleeping space that must be allowed to seamen, 147.

that must be allowed to passengers in passenger ships, 462.
that must be left between decks, 462.

STAMPS, bill of sale exempt from, 22.
on charter-party, 204.
on bill of lading, 225.
on policy of insurance, 294.
not necessary on passage brokers' bonds, 471, note.

STATUTORY SAILING RULES (see SaiUng Rule*), 400.

STEAM POWER, use of, in cases of salvage, 432.

STEAM VESSELS, report of accidents to Board of Trade, 92.
statutory rules as to passing of, 400.
boats and buoys, 449, 466.
build of iron steamers, 450.
water-tight partitions in, 450.
safety vSves, 450.
compasses, 450.
fire hose, 451.
distress signals, 451.
shelter for deck passengers, 451.
8urve3rs, 451.

declarations of sufficiency, 451.
certificates, 452.

copy to be put in conspicuous part of vessel, 452.

penalties for carrying more passengers than mentioned in, 452.

penalty for fraud with respect to, 453.
provisions to prevent overcrowding and evasion of fares, 453.
scale of computed lengths of voyages by, under Passengers Act, 463, Ap-
pendix, clxxxiil


STEWARD, when one must be carried by passenger ship, 465.

STIFFENING ORDER, when granted, 87.

STOPPAGE IN TRANSITU, wherein right consists, 268.
effect of, on contract of sale, 268.
how long transit continues, 269.
what kind of insolvency gives right to, 268, note,
general effect of delivery to a carrier, 269, 271.
effect on right, of interference with carrier by vendee, 270.
effect of delivery at warehouse used by vendee, 270.

of acts of ownership done by vendee, 270.

of delivery to vendee by mistake, 271, note.

of delivery on board vendee's own ship, 271.

of sale of goods in warehouse, 273.

of giving a delivery order, 273.

of indorsement of bill of lading, 274.

of countermand of delivery, 275.

of right to refuse to allow transiiuM to bcgrin, 275.

of part payment and part delivery, 276.

Digitized by



STOPPAGE IN TRANSITU, effect of a resale, 276.
effect of a lien against consignee, 276.
18 & 19 Vict c. Ill, does not affect, 274.
who may exercise right, 276.
ratification of stoppage, 277.
how it should be exercised, 277.
Interpleader Act in cases of, 277.

STORES (see Medicines, Provisions).

ship to be seaworthy must be properly supplied with, 343.

STOWAGE OF GOODS, duty of owners as to, 45.

of master, 89.
STRANDING, general average where stranding voluntary, 282.

within memorandum of policy, 329, 331.

SUB- FREIGHTERS, to what extent shipowner has a lien against for freight, 262.

SUBSCRIPTION of policy of insurance, 297.

SUNDAYS, when included in computing days of demurrage, 266.

SUNKEN VESSEL, liability of owners for injuries caused by, 416.

SUPERINCUMBENT GOODS, effect of delay caused by, on claim for demur-
rage, 266.
SURGEON, when passenger ship must carry, 466.
qualification of, for passenger ship, 466, note.

SURVEY of passenger ships, 458.
of steam vesseb, 451.

SURVIVORSHIP, no right of, between part owners of ship, 67.

TENANCY in common of ship, 68.

THIEVES, liabilit]^ of shipowners for loss of goods by, 47, 48.
loss by, of ship insured, 324.

TIMBER may not be carried as deck cargo, 284, note,
right to remove and sell, floating in harbours, 418.
drifted from mooring and floating at sea not wreck, 444.

nature of, 301.
implied warranty of seaworthiness on, 345.

TITLE TO BRITISH SHIPS (see BHtuh Ships, Capture, Mortgage </ Ship,
Owners qf Ships, Registry, Sale rf Ship).
by act of law, 23.

TITLE TO SHIP, Court of Admiralty has jurisdiction as to, 19.

TONNAGE (see Burthen).

of British ships, how ascertained, 5.

must be marked on main beam, 6.

when remeasured, 6.

fraudulent statement as to, in passenger ships, 447, note, 472.

TOTAL LOSS (see Insurance, Losses.)

TRADING by master on his own account, 82.

TRANSFEREE of ship, 22 (see Registry).
declaration by, 22.
in case of a corporation, 22.
in case of an individual, 22.

TRANSHIPMENT OF CARGO, effect o^ on freight, 248.
question whether it is a duty or right, 248, n^e.

T^hANSIRE, ship cannot obtain, without certificate of registry, 8.

ship proceeding to sea as British ship without, may be detained till certifi-
cate of registry produced, 3, note.

cannot be obtainea without declaring name of nation to which ship belongs,

Digitized by



TRANS I RE, nor unless ship is provided with requisite boats and buoys, 450.

nor, if iron steamer, unless properly fitted and provided under M. S. Act,
1854.. 450.

TRINITY HOUSE (see Pilot).
bye-laws made by, 179.
appointment of pilots by, 193.
regulations by, as to the passing of steam vessels, 399.

TROVER, when it lies by one part owner of a ship against another, 68.
when it lies for goods carried, 236.

UNSEAWORTHINESS (see Seaworlhiness).

USAGE (see Lloyd's),

effect of, on construction of charter-party, 207, 251, 256.

of policy of insurance, 299, 363.
when it excuses deviation, 317.
may be superseded by a representation, 347.
as to adjustment of losses, 371.
as to settlement in account with brokers, 374.
as to return of premium, 384.

VALUE OF SHIP, how to be calculated under M. S. Act, 1854.. 49.

nature of, 300.

whether loss total or partial under, 362.
a4justment of loss under, 371.
return of premium on, 382.

VENTILATION, provisions for securing, in sleeping place of crew, 147.

in passenger ships, 462.
VITRIOL, may not be carried as cargo in passenger ships (see Dangerout Goods),

VOLUNTEERING INTO NAVY, when not a desertion, 115, 116.
regulations of M. S. Act in cases of, 158.
delivery up of clothes of seamen, 159.
payment of wages on, 133, 159.
^gagement of substitutes on, 159.

VOYAGE, duty of owner as to commencement of, 46.
description of, in policy of insurance, 310.
commencement of, within policy, 311.
conclusion of, 311.
delay and deviation during, 313.

VOYAGE POLICIES (see Insurance), ZOl.

implied warranty of seaworthiness on, 342.

WAGER POLICIES (see Insurance).
prohibited, 291.
valid on foreign ships, 291.

WAGES OF CREW (see Crew).

forfeitiure of, by absence without leave, 115, 117.

by desertion, 117, 156.

by neglecting to join ship, 117, 157. ,

by quitting ship at port of delivery, 118.

by wilful disobedience, 118.

by wilfully damaging ship, &c., 118.

by smuggling, 118.
deduction from, of costs incurred by reason of offences of crew, 120, 122, 157.

of fees payable to shipping masters, 129.
sales of, and charges on, in anticipation, invalid, 131, note,
mention^ of, in agreement with crew, 132.

Digitized by



WAGES OF CREW, deduction firom, by reason of felse statements on hiring,
1S2, note,
verbal agreements to pay, 182, note.
' agreement to abandon in case of loss, inoperative, 183, 151.
so, in case of entering navy, 138, 159.

so, as to abandonment of lien on ship, and of remedies for wages,
138, note,
stipulations as to allotment of, in agreement, 133, note,
deduction from, in cases of incompetency, embezzlement of stores, &c.,

134, 148.
compensation for discharge before voyage, 138, 148.
payment of, when ship transferred abroad, 139, 164.
when seamen left abroad, 139, 154, 164.
when left abroad under certificate of unfitness, 140, 154, 164.
in cases of distress abroad, wages a charge on ship, 142.

recovery of, by Board of Trade, 142.
addition to, in cases of short allowance, 143.
deduction from, in cases of unfounded complaints as to food, 143, 160.

Online LibraryCharles Edward Pollock Frederic Philip MaudeCompendium of the law of merchant shipping → online text (page 100 of 101)