Charles Edward Pollock Frederic Philip Maude.

Compendium of the law of merchant shipping online

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although the voyage be afterwards completed and freight earned, 859.

loss of voyage not a total loss of ship, 360.

where ship captured by pirates and re-taken as prize, 859.

where goods captured or under embargo, 359.

where goods cannot be forwarded, 359.

where so damaged as not to be worth forwarding, 859.

where emigrants piratically ran away with ship, 360.
losses, printd facie total, and in the result partial only, 365.
whether loss total or not on valued policy, 362.

test whether a prudent man uninsured would have repaired, 861.
losses of freight, 862.

must be on voyage insured, 362.

when total, 362, 363.

not so if any part of cargo could be brought home, 863.

passage money and expenses, 364.
losses after period insured owing to previous injury, 364.

where death wound received during that period, 364.

where subsequent loss proceeds from an independent cause, 365.
abandonment, when necessary, 358, 360.

must not be partial only, 367.

mode of abandoning, 367.

need not be in writing, 367.

must be positive, 367.

must be within a reasonable time, 368.

when abandonment must be made, 368.

acceptance o( 368.
effect of, on ship and goods, 368, 370.

what belongs to underwriters, 369.

when ship and freight separately insured, 369, 370.

on liability of assured for necessaries to ship, 370.

on freight, 369.

accruing freight passes to underwriter, 369.

where ship abandoned and cargo transhipped, 870*

what liens and incumbrances pass with abandonment, 870.

on agency of master, 370.
right of assured under abandonment, how divested, S66.

LUGGAGE of passengers and crew does not contribute to general average, 280.
of passengers passes to captors, 447, note,
lien on, for passage money, 448.

Digitized by


Cclxxxir IKDEX.

MALT, included in term "corn" in memorandum, 827.

MALTA, registry of sbips at, 5,

MANNING of passenger ships, 467.

MARKET OVERT, no market overt for sale of ships, 19, 6a, note.

MARQUE, letters of, 38.

MASTER (see Barratry, Cargo, CoUMon, HypotlueaUm, Pilot, Stik ^SUfS Skt^t
name of, must be in certificate of registry, 12.

if changed, certificate of registry must be ddivered up to be ittdorsadi tl^
duty of owners as to selection of, 45.
choice of, by part owners, 69.

on change of ownership of ship, master must delivev oertifiotta o€ ragittrj
to registrar, 1 1 .

penalty for omission to do so, 11.
must deliver up provisional certificate, wheo^ 12.

penalty for omission, 12.
nature of ofiice, 78.
qualification, 78.
need not be British subject, 78.
examination of master and mates of "foreign going" ship* and of "home

trade passenger*' sbips, 79.
certificate of competency, 79.
certificate of service, 79,

when to be produced, 79, 80.

suspension or cancellation o^ 80.

in cases of wreck, &c. when withheld, 80.

of fitness to pilot vessel, 184, 186.
by whom appointed, 80.
removal and how appointed, 8L
by Court of Admiralty, 81.
by Naval Court, 81.

consent of consignee to appointment of new master, 8l«
bow paid, 81.

deduction from or forfeiture of wages, 81.
rule that freight is the mother of wages did not estend to^ 82.
primage, 82.

may not trade on his own account, 82.
remedy for wages, 83.

effect of misconduct, 83.

in cases of insolvency or bankruptcy of owner^ 84, 170L

effect of takihg a bill for, 84.

had no lien for at common law, 84.

has now under M. S. Act, 1854.. 84.
insurance of wages, 84. «

authority of master over crew, 84, 114, 119.

over passengers, 56, 448.

when he may refuse to receive or land passenger mtioonducting him-
self, 453.

excessive exercise of authori^, 85.

over pilotj 177.

to enforce order and cleanliness in passenger ships, 468.
duties of master before voyage as to ship and crew, 86.
. customs laws, 87.

entry outwards, 87.

clearing outwards, 88.

victualling bill, 88.

content, 88.

must not carry fictitious papers, 88.

using certificate of registry not legally granted for ship guilty of misde*
meanor, IS.

Digitized by



MASTER, concealing British character of ship, guiltj of miademeanor, 18.

port dues, 88.

Jadinff cargOi 89.

liability in respect of, 89, 90.

bill of lading conclusive evidence of shipment against, 90, 288.

starting for voyage, 91.

when he must employ pilot (see PiUU), 90.
duties of master during the voyage, 91.

to communicate events to his employers, 92.

ship'a papers (see Skip*s Papers), 92.

master if superseded must deliver to successor, 96.

flags, 96.

barratry (see Barratry), 97, 98.

damaging ship by fire or otherwise, 99.

running away with ship, 99.

has no power to alter voyage, 104.

must declare draught of ship to pilot, ]89.
duties of master after the voyage, 99.

must comply with customs' regulations, 100.

must deliver agreement with crew and lists, 99.

oflScial log, 100.

where ship must be brought, 100.

clearing inwards, 101.

report of cargo, 101.

breaking bulk before arrival, 101.

delivery of cargo, 101.
duty of, in case of seamen dying on voyage, 165.

must hand over effects to shipping master, 166.

certificate thereof necessary for clearing inwards, 166.
personal liability of master on contracts, 67, 102.

for acts of misfeazance by 'crew, 102.

for acts of pilot, 198, 201.
^ power to bind owners for repairs, flro., 108.

recent decisions on, 58, 61.

for medicines, &c., 146.
liability of owners for his torts, 105.
power to bind owners by bill of lading, 224. 282, 262.
cannot agree to carry goods freight free, 282.

nor make it payable before hand, 105.

nor to any other than owner, 1 05.

nor sign bill of lading for more cargo than is shipped, 105. '
ent fur owners of cargo in cases of violation of blockade, 220.
ben must receive oa l^rd offenders abroad, 128.

penalty for refusing, 128.

duty of, regarding such offeodera, 128.
power to bind freighters, 105.
agency in cases of insurance, 106.

jettison, 106.

ransom, 106.
must deliver to each seaman an account of wages, 162.
report of conduct on discharge of seaman, 168.
representative of, may sue for passage money, 448.
when ship abandoned and carg^ transhipped, master acts as ^gent of owners,

persona] liability of master for seaman's wages, 178.
when he may sue on bill of lading, 224.
power to hypothecate ship and cargo (see HypcihecoH^n), 887.
power to sell ship and cargo (see Sale rf Ship by Master for Repair ti), 895, (Sale

qf Cargo by Master for Repairs), 896.
when bound to provide passage for shipwrecked seamen abroad, &c., 141.

MATE included in crew, 108.

may sue in Admiralty Court for wages, 88.

entitled to return of certificate when ship transferred abroad, 189.


Digitized by



MATERIAL MEN (see Repairt),
lien of, 64.
in Admiralty Court, 65,

MEDICAL INSPECTION of passenger ships, 460.

MEDICAL MAN (see ^ur^eon).

MEDICINES, supply of, to crew, 144.

penalty for not keeping or supplying, 145.

supply of, in passenger ships, 466.

penalty for sale of medicines of a bad quality, Appendix, IxxxIt.

MEDITERRANEAN PASS not now used, 96.

MEMORANDUM in policy of insurance, terms of, 326.
average within its meaning, 326.
what IS a total loss within meaning of, 327.
effect of mode of stowing goods on this question, 328.
stranding within meaning of, 329 — 331.

MERCHANT SEAMEN'S FUND, account of institution, 174.
winding up of, 174.

MISCONDUCT OF CREW, punishment of, 117, 119.

forfeiture of wag^eson, 107, 160 (see Crew, Duobedience),

MISJOINDER of parties to actions, 75.

MISTAKES in charter-party, 210.
in bill of lading, ?32, 233.


MONTH, meaning of, in charter-party, 210.

MORTGAGE OF SHIP, effect of mortgage -under M. S. Act, 1854.. 32.
form of, 33, 61, note,
mode of regristering, 33.
effect of registry on title, 32, note, 33.
discharge of, 33.
effect of, on ownership, 33, 61.
priority of mortgagees, 33.
bankruptcy or insolvency of mortgagors, 34.
' transfer of mortgage, 34.
sale by mortgagee, 34.
by act of law, 35.

niust be authenticated by declaration, 35.
effect of notice of existing charter-party, 35.

grevails over title of judgment creditor of mortgagor, 35.
y certificate of mortgage (see Certificate rf Mortgage), 36.
right of mortgagee to accruing freight, 35.
deposit of certificate of registry need not be registered, 36.
liability of mortgagees for necessaries and repairs, 57, 62.

MUTINY OF CREW, when master may use violence to suppress, 85, 116.

NAME OF BRITISH SHIP may not be changed, 7.
how painted on ship, 7.
concealment or obliteration of, 7.
ship must not be described by any other, 7.
penalty for breach of rules respecting, 7.

NATIONAL CHARACTER of British ships, 17.

NATURALIZED SUBJECTS may own British ships, 4.


powers of, over master, 81.

their constitution and powers, 80, 81, 147.

NAVIGABLE RIVER, liability for obstructions in, 416, 417.
when a private individual may abate a nuisance in, 418.


Digitized by


INDEX. cclxxxvii

NECESSARIES (see Repahs).

what are necessaries, 66, 108.

Admiralty jurisdiction as to» when supplied to foreign ship, 65.

when furnished abroad, 65,

power of master to bind owners for supply of, 103.

liability of owners for, 55 — 63.

power to bind each other for, 70.
NEGLIGENCE (see Crew, Matter, Owner, Pilot),
NEUTRAL VESSELS (see Capture qfShip or Cargo),

carrying enemies' goods, when entitled to freight, 246.

what is neutral property, 338.
breach of, by violation of blockade, 338.
resisting right of search, 338.
ownership and navigation of ship, 839.
documents and flags, 339.
breach of warranty, 339.

sentence of condemnation by foreign Court of Admiralty, 339.
ground of condemnation by foreign Court must appear on sentence, 339.
effect of, as evidence of breach of warranty, 389.

NEUTRALS, insurances by, 309.

NON-JOINDER of part owners in action, 75.

NUISANCE in navigable river, when abateable by private individual, 418.

OFFENCES (see Crew, Desertion, Disobedience, Mutiny),
on high seas and abroad, 122.
. rules respecting, 122, 123.

OFFICERS OF CUSTOMS, production to, of ship's papers by master, 96, 101.

OFFICERS OF QUEEN'S SHIPS, production to, of ship's papers by master, 96.

when liable for collision, 406.
OFFICIAL LOG, contents of, 93 (see Log Book).
penalty for not properly keeping, 95.
when to be delivered up, 100.
entry of offences in, 93, 119.
of desertion in, 121, 157.
entries in, when evidence, 94, 121, 157.
nature of, 300.

adjustment of loss under, 371.
OPINION of underwriters, &c., when admissible in evidence, 355.
OVERCHARGES IN LODGINGS, provisions to prevent, to seamen, 131.
OVERCROWDING OF STEAM VESSELS, provisions to prevent, 453.
OWNERS OF SHIPS (see Capture, Joint Owners, Mortgage, Necessaries, Part
Oumers, Passengers, Registry, Repairs, Sale),
who may be owners, 3.
division of shares, 7.
number of legal owners, 8, 67.
who may be beneficially entitled, 8, 67.
owners by act of law, 23.

transmission must be authenticated by declaration, 24.
what evidence must accompany declaration in case of bankruptcy or in-
solvency, 24.
in case of marriage of female owner, 24.

of will or intestacy, 24.
on such transmission to unqualified person. Court may, on application, order
sale, 25.

how such sale carried out, 25.

when application for, to be made, 25.

effect of application being not made or refused, 25.

Digitized by


CclzXXviii INDEX.

OWNERS OF SHIPS, ownership, how proved, 4B.
duty of owners as to condition of ship, &c^ 44.

selection of captain, &Cv 44.

receipt of cargo, 45.
care of cargo, 45.
commencement of voyage, 46.
liability of, for loss or damage to goods, 46—55, 227— 2S2.

at common law, 46.

under the earlier statutes, 47.

under M. S. Act, 1854.. 48.

for fire, 48.

for robbery, &c, 48.

for loss of life or personal injury, 49.

when limited to value of ship and freight, 49.

ship and freight in such case how to be valued, 49.

but liable for distinct occasions, 49.

mode of recovering damages in cases of loss of life or personal injury, 49.

proceedings before sheriff and jury in cases of death or injury, 60, note.

no right of action until inquiry instituted by Board, or refused, 51, note.

payment of damages and costs, how enforced. 50, note.

proceedings in Chancery for determining liability and dklributing
amount, 51, note,
before Common Law Judge, Addenda to p. 52.

power of Courts to stop actions, 51, note.

ships to which protection of sutute extends, 51, 55.

liability of masters and seamen, although also owners, 51.

Court of Chancery to determine and distribute amount of shipowner's
liability, 52.
construction of earlier statutes, 52.

in Courts of Law, 53.

under M. S. Act, 1854.. 54.

in Courts of Admiralty, 54.
appUcatioD of earlier statutes in Admiralty Court, 54.
to Ireland, 55.

did not apply to foreign ships, 65.
liability of, for contracts of master (see Necessaries, Repairs), 102, lOS.

if owner becomes such after ship sailed, 104.

for torts, 105, 405.

for acts of pilot, 198, 202, 406.

for repairs (see Repairs)t 65.

owners ultimately responsible under Passengers Act, 470.

PAPERS (see Ship's Papers).

PARISH APPRENTICES may be taken on board, 108.
statutory provisions with respect to, 109.
execution of indentures, 109.
Apprenticeships in Ireland, 110.

production by masters of indentures snd assigiunents, 110.
rights and remedies of, 110.

PAROL EVIDENCE, when admissible to explain charter-party, 210.

bill of lading, 226,232.

policy of insurance, 360.
PARTIAL LOSS (see Losses).


PARTIES to actions for damage to ship, 75, 405.
to sue and be sued on charter-party, 222.
on bill of lading, 233.
to contract of insurance, 289.

PART 0WNEB3 (see Owners, Repairs).

British ship must be divided into sixty-four shares, 7, 66.

division of shares, 67.

registered owners limited to thirty-two, 67.

Digitized by




PART OWNERS, exceptions as to beneficial title, 67.
joint owners of ship or share, 68.
the]^ are tenanu in common, not partners, 67.
no jM accretcendi between them, 67.

meaning of this rule, 67.
actions by survivors in case of iigury to ship, 49, 67.
when trover lies by one of them against other, 68.
sale b^ one not generally a conversion, 68.
remedies inter *e, 68.
choice of oflBcers, 69.
contribution towards expenses, 69.
may separate by selling shares, 70.
power to bind each other, 70.
competent witnesses for each other, 70.
ship's husband, 71.

liability of ship for debts contracted by part owners, 71.
bankruptcy of one part owner, 71.
admission of one part owner not binding on others, 72.
jurisdiction of Admiralty as to employment of ship in cases of part owner-
ship, 72.
of Court of Cbancerv, 78.
neither Admiralty nor Court of Chancery can compel sale in cases of disa-
greement, 78.
adjustment of accounts, 74.
actions by, 75.

against, 75.

PASSAGE BROKER (see Broker), 471.

PASSAGE MONEY (see Passengers).
rights of passengers as to, 447.
where there is fraud, 447» 472.
where ship to sail on particular day, 447.
where ship is lost or wrecked, 448, 469.
where paMengers are left behind, 461.
where sick passenger relanded, 460.

PASSENGERS, general rights and duties of, 446.
bound to assist in defence of ship, 446.
when they may claim salvage, 447.

entitled to cast merchandize overboard in order to save their lives, 447.
rights with refierence to passage money, 447.

where representations by shipowner or his agent are
false or fraudulent, 447, 472.
contract survives to representatives of master, 448.
what representations essential, 447.
^ effect of loss of ship, 448.

lien of master for passage money, 448.
autbority of master over passengers, 448.
rights of passengers against master, 448.
>^ remedies of passengers for breach of contract or misconduct, 449.
statutory provisions relating to passengers, 449.
under M. S. Act, 1854. .449.
life boats and buoys, 449.

penalties for non-compliance with these rules, 449, 450.
build and equipment of steam ships, 450.
to what steam ships applicable, 450.
partitions, 450.
provisions for outfit of steam ships, 450.

penalties if not properly provided, 450.
■nrvev of passenger steamers, 451.
declaration of surveyors, 451.
meaning of *< passengers," 451, note.

^passenger steamer," 451, note.

Digitized by



PASSENGERS under M. S. Act» 1854,

certificates of compliance with act, 452.

bow obtained, 452.

duration of, 452.

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

penalties respecting, 453.
misconduct by passengers in steamers, 453.

entering steam vessel that is full, 453.

refusing to leave, 453.

intending to avoid payment of fare, 453.

causing annoyance to other passengers in home trade passenger
ship, 453.
report of accidents, 453.
notice of apprehended loss, 454.
carrying dangerous goods, 232, 454.

right of master to refuse, 232, 454.

penalty on sending, 454.
under Passengers Act, 1855 ..454.
to what passengers it applies, 454.
what are ** cabin passengers," 454, 455, note,
to what ships act applies, 455.
to what ships it does not extend, 455.
by whom act is carried into execution, 456.
number of passengers that may be carried, 456.

by vessels bringing passengers into the United Kingdom, 457-

not to be carried on more than two decks, 457.
lists of passengers to be signed by master, 457.

and countersigned, 458.

by master of vessels bringing passengers into the United Kingdom,
survey and inspection of ships, 458.
bond by owner or charterer to Crown, 458.
bond required when ship is foreign, 459.

execution of, may be proved by counterpart, in colonies, 459.
certificate of compliance with act, 459.

when emigration officer bond fide refuses, 460.
if master goes to sea without obtaining certificate, or joining in bond,

** passenger ship" is forfeited, 459.
medical inspection, 460.
relanding of sick passengers, 460.
rights of passengers when left behind or detained, 461.
subsistence money, 460, 461.
construction of decks and space to be allowed, 462.
arrangement and construction of berths, 462.
hospitals and privies, 462.
supply of light and air, 462.

of food and water, 463.

by master of vessels bringing passengers into the United
Kingdom, 463, 473.
casks and stowage of provisions, 463.
dietary scales, 464.
substitutions in, 465.
messes, how issued, 465.
passengers' steward and cook, 465.
interpreters, 466.
medical man and medicines, 466.
life buoys and boats, 466.
manning of ships, 467.

articles the carriage of which is prohibited, 467.
regulations for preserving order, 468.

maintaining and forwarding passengers in case of wreck, &&, 469.
insurances in respect of passages, 470.
disembarkation, 470.
common law remedies preserved, 470.

Digitized by



PASSENGERS under Passengers Act, ISRS^
owner is ultimately responsible, 470.
regulations respecting passage brokers (see Broker), 471.
contract tickets and their contents, 471*

penalties for altering, destroying, &c., 471.
summary remedy on, 472.
penalties for inducing persons to take passages by fraud, 472.
regulations respecting emigrant runners (see Runners), 472.
recovery of penalties under Passengers Act, 473.
limitation of actions, 473.
colonial voyages, 473.

regulations as to voyages to the United Kingdom, 463, 473.
as to steam vessels (see Steam Fessels), 450.

« PASSENGER SHIP," meaning of term, 455.

PAYMENT OF WAGES (see Wages qfCrew), 161.

PEAS, included in term "com" in memorandum, 327.

proximate not remote cause to be looked to, 319.
perils of the sea, 319.

where misconduct of assured is the efficient cause of the loss, 320, 346.
losses occurring on shore, 321.
presumptions as to loss when ship not heard of, 321.
fire, 322.
enemies, 323.

pirates, rovers and thieves, 324.
jettisons, 324.
arrests, restraints, &c., 325.
barratry, 326.

PILOT (see ColUsum),

nature of bis office, 176.

extent of his control, 177.

Trinity House and Cinque Port pilots, 178, 192.

pilotage authorities under M. S. Act, 1854.. 178, 193.

power of general pilotage authorities, 178.

bye-laws by, 179, 180.

returns to Board of Trade by, 181.

inspection of books of by Board of Trade, 181.

pilot licence, 178, 192.

must be registered, 182.

when to be delivered up, 182.

when it must be produced to persons employing, 182.
licensing pilot boats, 182.

regulations respecting, 183.

flag to be carried, 183.

penalty on other boats carrying such flag, 183.
compulsory pilotage, 183.
when masters bound to employ, 183, 184.

by ships carrying passengers, &c, 184.
certificates of service or competency, 184, 186.

duration of, 184, 186.

refusal to grant, 186.
licensing masters and mates, 185.

fees on, 186.

withdrawal of licence from, 186.
exemptions from compulsory pilotage, 185—187, 196.

colliers, coasters, 185, 196.

Irish traders, 185.

vessels not exceeding sixty tons, 185, 196.

ships within their own port, 185, 196.

when mates or masters are licensed, 185.

Digitized by



PILOT, exemptions from compulsory pilotage.

Queen's ships, 187.

ships in distress, 187.

foreign ships, when, 187.
remuneration of pilots, 187, 196.

right to salvage, 188, 424.
rights and privileges of pilots, 188.

when ship cannot be boarded, 188.

when taken to sea, 189.

when master refuses to declare draught of ship, 189, 197.

when unqualified pilot may act, 189.

penalty on unqualified pilot acting improperly, 189.

power to supersede unlicensed pilots, 189.

persons liable to pilotage dues, 190.
ofiences of pilots, 190.

keeping public bouse, 190.

committing frauds against revenue, 190.

corrupt practices relating to ship, 190.

lending licence, 190.

acting as pilot when suspended* 190.

intoxication, 190.

enhancing expenses, 191.

refusing to take charge of ship, 191.

unnecessarily slipping cable, 191.

refusing to conduct ship into port, 191.

quitting ship, 191.

penalties, 191.

breach or neglect of duty, 191.

obtaining charge of ship by misrepresentation, 192.

liability limited to amount of bond and pilotage for voyage, 192, 194,
powers of Trinity House, 193 (see Trinity House),

appointment of sub-commissioners, 193.

licensing of pilots, 132, 193, 194.
in London district, 193.
in English Channel district, 193.
in out-port districts, 193.

bond by Trinity House pilots, 194.

revocation and suspension of licence, 194.

mandamus does not lie to review, 194, note,
compulsory pilotage (Trinity House), 194.

within what district, 194.
penalty on uncertificated master for not having pilot, 196.
supply of pilots, 195.
signal flags, 195.

exemptions from compulsory pilotage, 185 — 187, 196.
rates of pilotage and pilot fund (Trinity House), 196.
settlement of disputes as to draught of ships in London, 197.
fund for incapacitated pilots and widows, 197.
sub-commissioners of Hull and Newcastle, 197.
liability of pilots for negligence, wilful breach of duty, &c, 197.
eflect of M. S. Act, 1854. . 197.

when limited to amount of bond and pilotage dues, 197.
liability of masters and owners for injuries arising from want of pilot, 197.
liability of roasters and owners for acts of pilot at common law, 198.

where pilot uken under statute, 198, 199.

under M. S. Act, 1854.. 199, 200.

onus of proof, 200.

where master and crew in fault, 201.

where act not within pilot's duty, 201.
liability in Admiralty Courts, 200.
eflect of Pilot Act on foreign vessels, 187, 202.

PILOTAGE (see Pi/o/)* rates of, 188, 196.

Digitized by



PIRATES can ffain no title in ship by capture, 38.
offence of master or seaman turning pirate, 99.
not within exception of Queen's enemies, 228, note,
loss by, is a danger of the sea, 229.
loss by, of ship insured, 324.

POLICY (see Insurance).
form of, 292.
stamps on, 294.
subscription of, 297.
adjustment of, 370.
action on, 376.

PORT of registration, 6.

name of, how painted on ship, 7.

concealment or obliteration of, 7.
penalty for breach of rules respecting, 7.
PORT DUES, master must pay, 88.
shipowner no lien for, 259.
when contributed for as general average, 283.

POSSESSION usually necessary to lien, 260.

Online LibraryCharles Edward Pollock Frederic Philip MaudeCompendium of the law of merchant shipping → online text (page 99 of 101)