« PreviousContinue »
after the words “and for that purpose the freighters and," the word "owner,"
and substituting therefor the word “owners." § 8023. (R. S. § 4285.) Transfer of interest of owner to trustee.
It shall be deemed a sufficient compliance on the part of such owner with the requirements of this Title relating to his liability for any embezzlement, loss, or destruction of any property, goods, or merchandise, if he shall transfer his interest in such vessel and freight, for the benefit of such claimants, to a trustee, to be appointed by any court of competent jurisdiction, to act as such trustee for the person who may prove to be legally entitled thereto; from and after which transfer all claims and proceedings against the owner shall cease.
Act March 3, 1851, c. 43, § 4, 9 Stat. 635. § 8924. (R. S. § 4286.) When charterer is deemed owner.
The charterer of any vessel, in case he shall man, victual, and navigate such vessel at his own expense, or by his own procurement, shall be deemed the owner of such vessel within the meaning of the provisions of this Title relating to the limitation of the liability of the owners of vessels; and such vessel, when so chartered, shall be liable in the same manner as if navigated by the owner thereof.
Act March 3, 1851, c. 43, § 5, 9 Stat. 636. § 8025. (R. S. § 4287.) Remedies reserved.
Nothing in the five preceding sections shall be construed to take away or affect the remedy to which any party may be entitled, against the master, officers, or seamen, for or on account of any embezzlement, injury, loss, or destruction of merchandise, or property, put on board any vessel, or on account of any negligence, fraud, or other malversation of such master, officers, or seamen, respectively, nor to lessen or take away any responsibility to which any master or seaman of any vessel may by law be liable, notwithstanding such master or seaman may be an owner or part owner of the vessel.
Act March 3, 1851, c. 43, § 6, 9 Stat. 636. § 8026. (R. S. § 4288.) Shipping inflammable materials.
Any person shipping oil of vitriol, unslaked lime, inflammable matches, or gunpowder, in a vessel taking cargo for divers persons on freight, without delivering, at the time of shipment, a note in writing, expressing the nature and character of such merchandise, to the master, mate, officer, or person in charge of the lading of the vessel, shall be liable to the United States in a penalty of one thousand dollars. But this section shall not apply to any vessel of any description whatsoever used in rivers or inland navigation
Act March 3, 1851, c. 43, § 7, 9 Stat. 636. § 8027. (R. S. § 4289, as amended, Act Feb. 18, 1875, c. 80, § 1, and
Act June 19, 1886, c. 421, § 4.) Limitation of liability of owners
to apply to all vessels. The provisions of the seven preceding sections, and of section eighteen of an act entitled “An act to remove certain burdens on the American merchant marine and encourage the American foreign carrying-trade, and for other purposes," approved June twenty
sixth, eighteen hundred and eighty-four, relating to the limitations of the liability of the owners of vessels, shall apply to all sea going vessels, and also to all vessels used on lakes or rivers or in inland navigation, including canal-boats, barges, and lighters.
Act March 3, 1851, c. 43, § 7, 9 Stat. 636. Act Feb. 18, 1875, c. 80, § 1, 18 Stat. 320. Act June 19, 1886, c. 421, $ 4, 24 Stat. 80.
This section, as enacted in the Revised Statutes, was as follows: “The provisions of this Title relating to the limitation of the liability of the owners of vessels, shall not apply to the owners of any canal-boat, barge, or lighter, or to any vessel of any description whatsoever used in rivers or inland navigation.”
It was amended, by striking out the words "this Title," and inserting the words “the seven preceding sections,” by Act Feb. 18, 1875, c. 80, § 1, cited above.
It was further amended, to read as set forth here, after the enactment of Act June 26, 1884, c. 121, § 18, post, $ 8028, mentioned in the section as so amended, by Act June 19, 1886, c. 421, § 4, last cited above.
The seven preceding sections of the Revised Statutes, mentioned in this section as amended, R. S. $$ 4282-4288, are set forth ante, 88 8020-8026.
§ 8028. (Act June 26, 1884, c. 121, § 18.) Liability of owners of
vessels for debts limited. The individual liability of a ship-owner, shall be limited to the proportion of any or all debts and liabilities that his individual share of the vessel bears to the whole; and the aggregate liabilities of all the owners of a vessel on account of the same shall not exceed the value of such vessels and freight pending: Provided, That this provision shall not affect the liability of any owner incurred previous to the passage of this act, nor prevent any claimant from joining all the owners in one action; nor shall the same apply to wages due to persons employed by said ship-owners. (23 Stat. 57.)
This section was part of the Shipping Act of 1884, cited above, entitled "An act to remove certain burdens on the American merchant marine and encourage the American foreign carrying trade," etc.
This section was made applicable to all seagoing vessels and all vessels used on lakes or rivers or in inland navigation, including canal boats, barges, and lighters, by R. S. § 4289, as amended by Act June 19, 1886, c. 421, § 4, ante, 8027.
Other provisions relating to the liability of vessels, their owners, agents, or charterers, were made by the Harter Act of Feb. 13, 1893, c. 105, post, $8 8029-8035.
§ 8029. (Act Feb. 13, 1893, c. 105, § 1.) Clauses in bills of lading
relieving from liability for negligence, etc., prohibited. 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, fault, or failure in proper loading, stowage, custody, care, or proper delivery of any and all lawful merchandise or property committed to its or their charge. Any and all words or clauses of such import inserted in bills of lading or shipping receipts shall be null and void and of no effect. (27 Stat. 445.)
This was the first section of the Harter Act, cited above, entitled “An act relating to navigation of vessels, bills of lading, and to certain obligations, duties, and rights in connection with the carriage of property."
Sections 2–7 of the act are set forth post, $8 8030-8035.
Section 8 of the act provided that the act should take effect from and after July 1, 1893.
The provisions of this section were made inapplicable to the transportation of live animals, by section 7 of this act, post, $ 8035.
Other provisions relating to the liability of vessels, owners, or masters were enacted by R. S. 88 4281-4289, and the Shipping Act of June 26, 1884, c. 121,
$ 18, ante, 88 8019-8028. § 8030. (Act Feb. 13, 1893, c. 105, § 2.) Clauses in bills of lading
relieving from exercise of due diligence in equipping, etc., ves
sels, prohibited. It shall not be lawful for any vessel transporting merchandise or property from or between ports of the United States of America and foreign ports, her owner, master, agent, or manager, to insert in any bill of lading or shipping document any covenant or agreement whereby the obligations of the owner or owners of said vessel to exercise due diligence properly equip, man, provision, and outfit said vessel, and to make said vessel seaworthy and capable of performing her intended voyage, or whereby the obligations of the master, officers, agents, or servants to carefully handle and stow her cargo and to care for and properly deliver same, shall in any wise be lessened, weakened, or avoided. (27 Stat. 445.)
See notes to section 1 of this act, ante, § 8029. § 8031. (Act Feb. 13, 1893, c. 105, $ 3.) Limitation of liability for
errors of navigation, dangers of the sea, acts of God, etc. 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, neither the vessel, her owner or owners, agent, or charterers, shall become or be held responsible for damage or loss resulting from faults or errors in navigation or in the management of said vessel nor shall the vessel, her owner or owners, charterers, agent, or master be held liable for losses arising from dangers of the sea or other navigable waters, acts of God, or public enemies, or the inherent defect, quality, or vice of the thing carried, or from insufficiency of package, or seizure under legal process, or for loss resulting from any act or omission of the shipper or owner of the goods, his agent or representative, or from saving or attempting to save life or property at sea, or from any deviation in rendering such service. (27 Stat. 445.)
See notes to section 1 of this act, ante, $ 8029. § 8032. (Act Feb. 13, 1893, c. 105, $ 4.) Bills of lading required to
be issued; contents. It shall, be the duty of the owner or owners, masters, or agent of arry vessel transporting merchandise or property from or betweer, ports of the United States and foreign ports to issue to shippers of any lawful merchandise a bill of lading, or shipping document, stating, among other things, 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 and 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. (27 Stat. 445.)
See notes to section 1 of this act, ante, $ 8029.
of live animals, by section 7 of this act, post, $ 8035. § 8033. (Act Feb. 13, 1893, c. 105, § 5.) Penalty for violations of
act; lien; recovery. For a violation of any of the provisions of this act the agent, owner, or master of the vessel guilty of such violation, and who refuses to issue on demand the bill of lading herein provided for, shall be liable to a fine not exceeding two thousand dollars. The amount of the fine and costs for such violation shall be a lien upon the vessel, whose agent, owner, or master is guilty of such violation, and such vessel may be libeled therefor in any district court of the United States, within whose jurisdiction the vessel may be found. One-half of such penalty shall go to the party injured by such violation and the remainder to the Government of the United States. (27 Ståt. . 446.)
See notes to section 1 of this act, ante, s 8029. § 8034. (Act Feb. 13, 1893, c. 105, § 6.) Existing laws not repealed.
This act shall not be held to modify or repeal sections forty-two hundred and eighty-one, forty-two hundred and eighty-two, and forty-two hundred and eighty-three of the Revised Statutes of the United States, or any other statute defining the liability of vessels, their owners, or representatives. (27 Stat. 446.)
See notes to section 1 of this act, ante, $ 8029.
8021. $ 8035. (Act Feb. 13, 1893, c. 105, § 7.) Certain provisions of act
not to apply to transportation of live animals. Sections one and four of this act shall not apply to the transportation of live animals. (27 Stat. 446.)
Sections 1 and 4 of this act, mentioned in this section, are set forth ante, 88 8029, 8032.
Sec. 8036. Entries in log-book.
8038. Penalty for omitting entries. 8037. Mode of making entries. $ 8036. (R. S. § 4290, as amended, Act Feb. 27, 1877, c. 69, § 1, and
Act Feb. 14, 1900, c. 19, § 1.) Entries in log-book. Every vessel making voyages from a port in the United States to any foreign port, or, being of the burden of seventy-five tons or upward, from a port on the Atlantic to a port on the Pacific, or vice versa, shall have an official log-book; and every master of such vessel shall make, or cause to be made therein, entries of the following matters, that is to say:
First. Every legal conviction of any member of his crew, and the punishment inflicted.
Second. Every offense committed by any member of his crew for which it is intended to prosecute, or to enforce a forfeiture, together with such statement concerning the reading over such entry, and concerning the reply, if any, made to the charge, as is required by the provisions of section forty-five hundred and ninety-seven.
Third. Every offense for which punishment is inflicted on board, and the punishment inflicted.
Fourth. A statement of the conduct, character, and qualifications of each of his crew; or a statement that he declines to give an opinion of such particulars.
Fifth. Every case of illness or injury happening to any member of the crew, with the nature thereof, and the medical treatment.
Sixth. Every case of death happening on board, with the cause thereof.
Seventh. Every birth happening on board, with the sex of the infant, and the names of the parents.
Eighth. Every marriage taking place on board, with the names and ages of the parties.
Ninth. The name of every seaman or apprentice who ceases to be a member of the crew otherwise than by death, with the place, time, manner, and cause thereof.
Tenth. The wages due to any seaman or apprentice who dies during the voyage, and the gross amount of all deductions to be made therefrom.
Eleventh. The sale of the effects of any seaman or apprentice who dies during the voyage, including a statement of each article sold, and the sum received for it.
Twelfth. In every case of collision in which it is practicable so to do, the master shall, immediately after the occurrence, cause a statement thereof, and of the circumstances under which the same occurred, to be entered in the official log book. Such entry shall be made in the manner prescribed in section forty-two hundred and ninetyone and failure to make such entry shall subject the offender to the penalties prescribed by section forty-two hundred and ninetytwo.
Act June 7, 1872, c. 322, § 58, 17 Stat. 275. Act Feb. 27, 1877, c. 69, 8 1, 19 Stat. 251. Act Feb. 14, 1900, c. 19, § 1, 31 Stat. 29.
This section was amended by Act Feb. 27, 1877, c. 69, 8 1, by striking out, at the end of the last line of paragraph "Second," the word "thirty," and inserting in lieu thereof the word "ninety-seven." It was further amended by Act Feb. 14, 1900, c. 19, § 1, by adding paragraph "Twelfth.” Section 2 of said act provided that the act should take effect 60 days after its passage.
Entries of certain offenses committed by seamen were required to be made in the log-book, by R. S. § 4597, post, $ 8381. The provisions of this chapter were made applicable to vessels making