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The law of the sea: a manual of the principles of admiralty law for students ...

 By George Walton Dalzell

Book overview

Full view - 1921 - 315 pages - Law


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Edition 1 - 1983 - Limited preview

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Places mentioned in this book  Maps  KML

Rio de Janeiro - Page 139
provisions and other necessaries to render her fit and capable of proceeding to New Orleans, the master having no funds or credit in Rio de Janeiro, ...
Savannah - Page 59
detailed a man to supply his wants and provided him with a suitable diet; on arrival at Savannah he was immediately sent to the hospital. ...
more pages: 162
Windsor, Ontario - Page 135
she had sunk a yacht in the Detroit River with great loss of life; her business was that of a ferry between Detroit, Michigan, and Windsor, Ontario, ...
Liverpool - Page 76
The SS Egypt arrived at New York from Liverpool at 1.45 PM and there being no room for her at her owner's pier, was taken to the pier of the Inman ...
more pages: 107 114 170
San Francisco - Page 14
Such a vessel, flying a foreign flag, could not discharge any of her passengers or cargo at San Francisco. Trade between the east and west coasts via ...
more pages: 74 107 290
Boston - Page 140
The bark Frances en route from Java to Boston with a cargo of sugar encountered a hurricane which compelled the master to cut away her mast to save ...
more pages: 20 71
Hong Kong - Page 88
929, where a vessel bound from Hong Kong to Portland, Oregon, was placed on a drydock at Hong Kong without maritime necessity and there caught fire, ...
Surinam - Page 20
18 : The Amelie on her voyage from Surinam to Boston encountered perils of the sea, and was obliged to seek the harbor of Port au Prince, Hayti, ...
Yokohama - Page 14
Thus a vessel bound from New York to Yokohama, via San Francisco, would be upon a foreign voyage. Such a vessel, flying a foreign flag, ...
Singapore - Page 140
with a cargo of sugar encountered a hurricane which compelled the master to cut away her mast to save the vessel and put into Singapore for repairs. ...
Albany, NY - Page 168
There the tug Cayuga undertook a tow of thirty canal boats and barges from Albany to New York. The tow was faultily made up by the tug, ...
more pages: 9
Philadelphia - Page 260
As an illustration of this it may be noted that the Commissioners in the great ports of Philadelphia and of Norfolk receive salaries of $2400 and of ...
more pages: 37 95 243
New York - Page 56
an employee engaged in maritime work attempted to recover damages for a maritime injury pursuant to the Workmen's Compensation law of New York. ...
more pages: 13 14 27 76 77 86 93 168 169 290
Miami - Page 14
for Miami, you are trading between American ports, even though you may touch at Bermuda en route. The test is whether you trade between ports of the ...
Chicago - Page 160
probably the court would take notice of the usual course of maritime business in this port) that all vessels entering and leaving the port of Chicago ...
more pages: 62
Baltimore - Page 128
183, above cited, a private yacht was libeled in Baltimore on account of coal furnished her in Norfolk nearly a year previously. ...
more pages: 37
Detroit, Michigan - Page 135
283, is illustrative; she had sunk a yacht in the Detroit River with great loss of life; her business was that of a ferry between Detroit, Michigan, ...
Portland, Oregon - Page 88
929, where a vessel bound from Hong Kong to Portland, Oregon, was placed on a drydock at Hong Kong without maritime necessity and there caught fire, ...
Newport - Page 107
CP 125, the ship was to proceed with all possible despatch (dangers and accidents of navigation excepted) from Liverpool to Newport, and there to load ...
Cleveland - Page 34
that a quantity of flour had been shipped on board the schooner from Cleveland to Buffalo by the temporary owner consigned to the libellants. ...
more pages: 32
Wilmington, North Carolina - Page 131
In the case of the Valencia, 165 US 264, the home port of the ship was Wilmington, North Carolina. She was plying between.
Fairhaven, Massachusetts - Page 15
Kelly, just cited, the ship Arctic, registered at Fairhaven, Massachusetts, belonged to a firm of owners, residing and doing business in that state, ...
Windsor - Page 135
Ontario, and her value was about $20000; libels were filed against her in Detroit on account of the collision and she was then arrested in Windsor, ...
Portsmouth - Page 169
from Portsmouth to New York, charging negligence and mismanagement in the towage, whereby the tow was grounded on Tucker- nuck Shoal, which was more ...
London - Page 187
The Egyptian obelisk, now in London and known as " Cleopatra's Needle," became the subject of salvage services in the Bay of Biscay, during its voyage ...
more pages: 7 71 80
Buffalo - Page 34
that a quantity of flour had been shipped on board the schooner from Cleveland to Buffalo by the temporary owner consigned to the libellants. ...
Charleston - Page 175
Charleston Pilots' Association, 57 Fed. 227. The master of the schooner Kate Aitken, which was in Charleston.
Calcutta - Page 95
The master signed the bill of lading given to Palmer & Company in Calcutta, which contained the clause, " Freight for the said goods having been ...
New Orleans - Page 139
provisions and other necessaries to render her fit and capable of proceeding to New Orleans, the master having no funds or credit in Rio de Janeiro, ...
Madras - Page 80
454, is illustrative; the defendant was master of a ship from Madras for London, in the days when long voyages around the Cape were common. ...
Richmond, Va - Page 11
Ansonia Co., 218 US 452, a shipbuilder in Richmond, Va., became insolvent while engaged in constructing three vessels for the government ; one war ...
Rockhampton - Page 47
It was transferred to a relief vessel which had been sent out from Rockhampton and was returned to that place, where there were no facilities for ...
Sydney - Page 47
but there was testimony on the question whether it might have been possible to reach the consignees in Sydney, a distance of 900 miles, by telegraph, ...

Popular passages

Act or omission of the shipper or owner of the goods, his agent or representative...Page 119
That any seaman who shall suffer personal injury in the course of his employment may, at his election, maintain an action for damages at law, with the right of trial by jury, and in such action all statutes of the United States modifying or extending the commonlaw right or remedy in cases of personal injury to railway employees shall apply...Page 287
States unless the controlling interest therein is owned by citizens of the United States, and, in the case of a corporation, unless its president and managing directors are citizens of the United States and the corporation itself is organized under the laws of the United States or of a State, Territory, District, or possession thereof...Page 288
States; and it is hereby declared to be the policy of the United States to do whatever may be necessary to develop and encourage the maintenance of such a merchant marine...Page 263
... between points in the United States, including Districts, Territories, and possessions thereof embraced within the coastwise laws, either directly or via a foreign port, or for any part of the transportation, in any other vessel than a vessel built in and documented under the laws of the United States...Page 277
States; or (c) if through any contract or understanding it is so arranged that the majority of the voting power may be exercised, directly or indirectly, in behalf of any person who is not a citizen of the United States...Page 288
That if the owner of any vessel transporting merchandise or property to or from any port in the United States of America shall exercise due diligence to make the said vessel in all respects seaworthy and properly manned, equipped, and supplied...Page 119
... which the marks or labels upon them indicate, or of the kind or quantity or in the condition they were said to be by the consignor. The carrier may also, by inserting in the bill the words "shipper's load and count...Page 97
... the marks necessary for identification, number of packages or quantity, stating whether it be carrier's or shipper's weight, and apparent order or condition of such merchandise or property delivered to a'nd received by the owner, master, or agent of the vessel for transportation, and such document shall be prima facie evidence of the receipt of the merchandise therein described.Page 120
That it shall not be lawful for the manager, agent, master, or owner of any vessel transporting merchandise or property from or between ports of the United States and foreign ports to insert in any bill of lading or shipping document any clause, covenant, or agreement whereby it, he, or they shall be relieved from liability for loss or damage arising from negligence...Page 119

Contents

Incidents of Enrollment or Registration
13
How Obtained
14
Recording of Americanbuilt Foreign Ships
16
u Sale
17
Admiralty Sales
18
Sales by Trustees and Executors
19
Sale of Ship at Sea
22
Appurtenances
23
OWNERS AND MANAGERS
25
Corporations
27
Majority Interest
28
Suits Between PartOwners 3o 7 Authority of Owner 3o 8 Obligation of Owner
30
Liability of Owner
31
Temporary Ownership
33
Managing Owner
36
Compensation and Lien
37
THE MASTER
39
Personal Liability
41
Rights of Master
43
Lien
44
Relations to Cargo
45
Power to Sell or Mortgage Cargo
46
Power to Sell Vessel
50
Duties on Disaster
51
Log Book and Protests
52
SEAMEN
54
Contract
55
Personal Injuries
56
Duties in Disaster
58
Offenses of Seamen
59
g When Entitled to Leave Ship
60
SelfDefense
61
Shipping Articles
63
Wages and Effects
64
Protection and Relief
66
CARRIAGE BY SEA
69
Seaworthiness
70
Loading and Stowage
72
Wreck or Stranding
75
Arrival and Discharge
76
Freight and Demurrage
77
Unfair Freight Rates
79
Baggage
81
Loss of Life
83
CONTRACTS OF AFFREIGHTMENT BILLS OF LADING AND CHARTER PARTIES
86
Seaworthiness
87
Deviation
88
Perils of the Sea
89
Restraint of Princes
90
Freight g1 a Dead Freight g1 b When Freight Is Earned
91
Bills of Lading
93
1o Statements in Bills of Lading
96
n Negotiability of Bills of Lad1ng
98
Duration of Carriers Liability
99
Notice of Claim 1oo 16 Nature and Effect of Charter Party
100
Subcharters 1o1 18 Provisions in Charter Parties 1o1 a Safe Port
101
b Insurance 1o2 c Redelivery
102
Lien for Freight and Charter Hire
103
2o Liability for Loss or Damage
104
Demurrage and Laydays
105
Breach of Charter
106
Dissolution of Charter
107
LIABILITIES AND LIMITATIONS
112
Liabilities of Charterer
113
Theories of Limitation
114
Contract Limitations
115
Privity or Knowledge
117
CHAPTIB PAQK 13 State Liens
135
Builders and Mechanics Liens
136
Enforcement of Liens
137
MORTGAGES AND BONDS
138
Respondentia
140
Necessity for Advances
141
When Postponed to Other Liens
142
Form
143
g Recording
144
Liabilities of Mortgagee
145
COLLISION
148
Tests of Negligence
149
The Regulations
150
Damage to Ship
151
Damage to Cargo
152
Damage to Crew and Passengers
155
Lien
156
Limitation of Liability
157
Evidence
158
TOWAGE AND PILOTAGE
159
Compensation
160
Duty of Tow
165
Liability for Damage
168
B To Third Parties
169
Pilots
172
Duties
173
Authority
174
Negligence
175
Liability of Ship
177
X1n SALVAGE AND GENERAL AVERAGE
180
Salvors Lien
181
CHAPTER PAtH 4 Amount of Reward
182
Who May Be Salvors
183
Distinction Between Towage and Salvage
184
Distribution of Salvage Award
185
Distribution of Liability for Payment
186
Statutory Regulations
187
Distinction Between General and Particular Average
189
Instances of General Average
190
The Adjustment
191
CRIMES COMMITTED AT SEA
193
Place of Trial
194
Penalties and Forfeitures
195
Federal Criminal Code
196
Concurrent Jurisdictions
197
Limitations of Prosecutions
198
1o Barratry
199
Failure to Equip with Radio Telegraph 2oo 12 Failure to Disclose Liens 2oo 13 Mutiny
200
WRECKS AND DERELICTS 2o2 1 Definitions
202
Wrecks Within Admiralty Jurisdiction
204
Liabilities of Owner of Wreck
205
Owners Rights 2o6 7 Rights of Government
206
Derelicts 2o7 9 Finders
207
WHARFAGE AND MOORACK 2o9 1 Definition 2o9 2 Right to Erect
209
Duties of Proprietor
210
Rights of Proprietor
212
Wharfage Compensation
213
Lien
214
_ Anchorage
215
Obstructions to Navigation
216
ADMIRALTY REMEDIES
218
When Proceedings in Rem Will Lie
219
The Writ or Process 23O 5 Owners Rights 22o 6 Default
220
SUMMARY OF NAVIGATION LAWS OF THE UNITED STATES
225
THE MERCHANT MARINE ACT OF 1920
263
PKOTEST
290
Copyright

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