INDEX

(The references are to pages.)

• Abandonment, of cargo on disaster, 75
  • to creditors, 114
  • to insurers, 123
  • to underwriters, 113
  • of seamen, 197, 252
• Accounting, compellable by part owners, 30
• Acts of Congress:
  • June 26, 1884 (23 St. at L.), 70, 116
  • August 19, 1890 (26 St. at L. 320), 63
  • September 4, 1890 (26 St. at L. 425), 158
  • February 13, 1893 (27 St. at L. 445), 70, 72
  • February 18, 1895 (28 St. at L. 667), 252
  • December 21, 1898 (30 St. at L. 755), 196, 249
  • March 3, 1899 (30 St. at L. 1151), 206, 209
  • April 22, 1908 (35 St. at L. 65), 57
  • March 4, 1909 (35 St. at L. 1088, 1142), 196
  • April 5, 1910 (36 St. at L. 291), 57
  • June 24, 1910 (36 St. at L. 629), 141, 200
  • August 1, 1912 (37 St. at L. 242), 187
  • August 24, 1912 (37 St. at L. 560), 229
  • August 18, 1914 (38 St. at L. 698), 229, 246
  • March 4, 1915 (38 St. at L. 1164), 56, 245, 247-252
  • September 7, 1916 (39 St. at L. 729), 231, 260, 261
  • June 7, 1918 (40 St. at L. 602), 258
  • February 9, 1920, 16, 219
  • March 30, 1920, 83, 84, 157, 250
  • June 5, 1920, 12, 17, 18, 19, 27, 64, 79, 128, 130, 131, 135, 141, 200, 214, 232, 238-240, 250, 261, 263-289
  • See also Revised Statutes: Compiled Statutes, 1916; Bills of Lading Act; Harter Act; Loss of Life Act; Panama Canal Act; Merchant Marine Act; Ship Mortgage Act; Stand-by Act.
• Acts of God, 89
• Adjuster, in general average, 191
• Admiralty. For specific subjects, see particular titles
• Admiralty Courts. See Courts
• Admiralty Law, sources, general, 1
  • in United States, 1
• Admiralty remedies. See Remedies
• Admiralty Rules, general, 14
• Advances of wages (see also Wages), 247, 248
• Advances on bottomry, 141
• Adventure. See Frustration of adventure
• Affreightment, contract of, defined, 77, 78
  • reciprocal obligations of ship and cargo, 34, 35
  • See also Contracts of affreightment
• Agency, of master, right to delegate, 49
  • for temporary owner or charterer, 33
• Agent, managing, responsibility of owner for, 31
• Alaska Railroad, under Merchant Marine Act, 277
• Alaska, trade with, coastwise, 14
  • under Merchant Marine Act, 277
• Aliens, defined, in Merchant Marine Act, 288
  • sales of Shipping Board vessels to, under Merchant Marine Act, 266, 267
• American Bureau of Shipping, under Merchant Marine Act, 276
• Anchorage, 215, 216
• Anchors, included in sale, 23
• Antitrust laws, marine insurance associations exempt from, under Merchant Marine Act, 278
• Antwerp, York-Antwerp Rules, 7
• Appurtenances, what included in sale, 23
• Arbitration clause, not enforceable, 107
• Arrest of passengers, 42
• Arrival and discharge, 76
• Arrived ship, 106
• Arson, maritime, 196
• Articles, shipping. See Shipping articles
• Assaults, 196
  • on seamen, 61
• Association, defined, in Merchant Marine Act, 278
• Attorneys, employment by Shipping Board, under Merchant Marine Act, 265
• Austrian vessels, sale of, under Merchant Marine Act, 266
• Average. See General average

• Bankruptcy, of shipbuilder during construction, 11
• Bare boat charter, 101
• Barges, inspection of, 255
  • whether ships, 3
• Barratry, 199, 200, 252
• Bathhouse, floating, a ship, 3
• Berths, separate for seamen, 249
• Bills of lading, Chapter VII, 86-111
  • holder's claim to goods, 76
  • liability of owner for cargo not received, 31
  • limitations on, 76
  • limitation of master's authority to bind owner, 41
  • limitation on master's right to issue, 45
  • not contracts of affreightment, when, 34
• Bills of sale, not required for documentation, 236
  • recording, 237, 238
  • recording, under Merchant Marine Act, 278, 279
  • requirements, 236
• Blockade, violation of, 195
• Boats, included in sale, 23
• Boilers, included in sale, 23
• Bonds. See Mortgages and bonds for release of ship, 220
  • for safe return, when compellable, 28, 29
• Bottomry bond, defined, 138
  • nature and incidents of, 138-140
• Bowsprit, included in sale, 23
• Breach of charter, 106, 107
• Breakage, exception of, 99
• Breakdown clause, 102, 103
• Builder's lien, 136
• Bunkers, liability for, during temporary ownership, 33

• Cables, included in sale, 23
• Captain. See Master
• Capture. See Prize of war
• Cargo. See Affreightment, contracts of; Lien, etc.
  • damage to, in collision, 152, 156
  • deck, in general average, 191
  • discharge of (see Arrival and discharge)
  • injury to, personal liability of master, 41
  • loading and stowage of, 72-75
  • master's relation to, 44-47
  • not involved in forfeiture, when, 195
  • on wreck, owner's rights, 206
  • out and back, 91
  • reciprocal obligations of ship and cargo, 34, 35
  • shipper must disclose character, 72, 73
  • unlawful, annuls charter, 107
• Cargo vessels, provision of Merchant Marine Act, 276
• Carpenter, master. See Master carpenter
  • ship's, lien for wages, 62
• Carpenter's certificate, 232
• Carriage by sea, Chapter VI, 69-84
• Carriers, common and private, defined, 69
  • liability of, 69, 70
• Certificate. See Carpenter's certificate, Surveyor's certificate, Inspection certificate
• Cesser clause, 103
• Changes, in structure, to be reported, 16
• Charter parties, Chapter VII, 86-111
  • effect on lien, 133
  • master must not alter, 45
  • notice to creditor, when avoids lien, 33
• Charter rates, Emergency Act, repeal of, in Merchant Marine Act, 263, 264
• Charterer, agent of, may create lien, under Merchant Marine Act, 285
  • liability, 113
  • liability as temporary owner, 33
  • may create lien on vessel, when, under Merchant Marine Act, 285
• Chartering Executive Committee, 86
• Chartering of vessels, authority of Shipping Board, under Merchant Marine Act, 267
• Chronometer, included in sale, 23
• Circuit Court of Appeals. See Courts
• Citizens, who are, 25
  • defined in Merchant Marine Act, 288
• Citizenship, of owner (see also Corporations), 12, 13, 25, 27
  • of master, 25, 39
  • of pilots, 13
  • of watch officers, 13
• Claim, notice of, 100
• Classification of Shipping Board vessels under Merchant Marine Act, 276
• Clearance. See Entry and clearance
• Coastwise trade, Alaska, under Merchant Marine Act, 277
  • corporate owner, stock control, 28
  • forfeiture for violation, 195
  • insular possessions, executive control, under Merchant Marine Act, 274
  • investigation of ports, etc., by Shipping Board, under Merchant Marine Act, 268
  • Philippine Islands, not, under Merchant Marine Act, 274
  • provisions of Merchant Marine Act, 277
  • restrictions, 231, 232
  • vessels to engage in, 13, 277
  • via foreign port, under Merchant Marine Act, 277
  • voyages, wages on, 247
  • what is, 13, 14
• Code, Federal Criminal, 196
• Collector of Customs, duties with respect to recordation, under Merchant Marine Act, 279, 280
• Collision, Chapter XI, 148-158
  • assistance in case of, 252
  • investigation of, 244
  • personal liability of master, 41
  • responsibility of pilot, 175
  • when a peril of the sea, 89
• Commanding officer. See Master
• Commerce, Department of, representation on American Bureau of Shipping, under Merchant Marine Act, 276
  • routes to be established by Shipping Board, under Merchant Marine Act, 267
  • Secretary of, authority to regulate recordation of mortgages, etc., under Merchant Marine Act, 286
  • may remit certain fines, under Merchant Marine Act, 276
• Commissioner of Navigation (see also Navigation), 259
• Commissioners. See Shipping commissioners
• Common carriers. See Carriers Compass, included in sale, 23
• Compensation, just, under Merchant Marine Act, Law. See Workmen's Compensation Law, 264
• Competition, Shipping Board to make rules, under Merchant Marine Act, 272
• Compiled Statutes 1916:
  • 4554, 63
  • 7707, 25
  • 7778, 7779, 143
  • 7981, 173
  • 7990-7994, 187
  • 8020-8027, 115
  • 8029-8035, 93
  • 8036, 52
  • 8204-8208, 173
  • 8287-8297, 63
  • 8300-8314, 63
  • 8315-8337-A, 64
  • 8343-8376, 66
  • 9920, 206
  • 10419-10444, 193
  • 10445-10462, 193
  • 10462-10469, 193
  • 10470, 203
  • 10470-10483, 193
• Congress, Acts of. See Acts of Congress, Revised Statutes
• Consignee, right to goods, 76
• Construction loan, fund under Merchant Marine Act, 269
  • by Shipping Board, under Merchant Marine Act, 260
• Construction, title by, 10
• Contract, maritime, defined, 4
  • status of ship mortgages, 141, 142
  • shipbuilding, 10
    • not maritime, 11, 12
  • liens arising out of, 126
  • of master, liability of owner, 31
    • liability of temporary owner, 33
  • seaman's, 55
  • under Emergency Shipping legislation, validated by Merchant Marine Act, 263, 264
• Contracts of affreightment, Chapter VII, 86-111
  • See also Affreightment, contracts of
• Contribution, in collision cases, 155
• Contributory negligence, none in admiralty, 156
• Control of ownership, effect on registry, 12, 25
  • See also Corporations
• Corporal punishment, forbidden, 56, 197, 252
• Corporate owners, privity or knowledge of, 118
• Corporation, as owner, citizenship and stock control of, 13, 25, 27, 28, 123
  • oath for documentation, 235
  • under Merchant Marine Act, 288, 289
• Costs, in admiralty, 221
• Courts, United States:
  • Circuit Court of Appeals, jurisdiction, 2
  • district, jurisdiction, 2
  • extent of judicial power, 2
  • state courts, jurisdiction, 2
  • Supreme Court, U. S., jurisdiction, 2
• Court of Claims, suits for just compensation under Merchant Marine Act 263, 264
• Crew, majority owners may employ and discharge, 28
  • See also Seamen
• Crimes at sea, Chapter XIV, 193-201
  • offenses of seamen, 251, 252
• Criminal Code, Federal, 196
• Cruelty to seamen, 60
• Customs duties. See Treaties

• Damage, caused by pilot, 175
  • division of, 155, 156
  • in collision cases, 151-157
  • in towage cases, 168-170
  • to goods, liability for, under charter, 104
• Day, work, 248
• Dead freight. See Freight
• Deadweight tonnage. See Register tonnage
• Death of seaman, 250
  • seaman's right of action under Merchant Marine Act, 287
• Deck cargo, in general average, 191
• Deck load, 73, 75
• Deck officers, 245
• Delay in voyage, 78
• Delivery of ship, title by, 10
• Demise of ship, when charter is, 33, 91, 101-113
  • where, liability for damaged goods, 104
• Demurrage (see also Freight and demurrage), 105, 106
  • defined, 77
  • lien for, 127
  • when recoverable, 78
• Depreciation, on sale of Shipping Board vessels, under Merchant Marine Act, 266
• Derelicts. See Wrecks and derelicts
• Desertion, 55, 60, 251
• Despatch money, 106
• Destruction of vessel before completion, 11
• Deviation, master's duty, 45, 51
  • warranty against, 88, 89
• Diligence of lienor, rules of, 127, 128
• Directors of corporations, powers of, 28
• Disaster, master's duties on, 51
  • seaman's duties on, 58
• Discharge (See Arrival and discharge)
  • of seamen, 60
• Disobedience, 251
• Displacement. See Register tonnage
• Dissolution of charters, 107-110
• District courts. See Courts
• Division of damages. See Damages
• Docks, German port facilities turned over to Shipping Board by Merchant Marine Act, 271
  • insurance of, under Merchant Marine Act, 269
  • investigation of, by Shipping Board, under Merchant Marine Act, 268
• Documentation of vessels, procedure for, 232-235
  • See also Registry
• Documents, surrender and reissue of, 236, 239
• Domicile of owner, for registry, 14
  • See also Citizenship, Nationality, Corporation
• Dredge, subject to admiralty jurisdiction, 2
• Drydock, floating, not a ship, 3, 180, 181
  • insurance of, under Merchant Marine Act, 269
  • maritime lien for use of under Merchant Marine Act, 285
• Duties, customs. See Treaties

• Effects, seamen's, 66
• Embezzlement, 197
• Emergency Fleet Corporation, 261
  • provisions of Merchant Marine Act with reference to, 288
• Emergency Legislation Rate Act repealed, 264
  • Shipping Act repealed, 263, 264
  • validation of agreements, 263
• Enemy port facilities, turned over to Shipping Board under Merchant Marine Act, 270, 271
• Engineer, when an officer, 246
• Engines, included in sale, 23
• Enrollment, defined, 12
  • form of, 231
  • when to be made, 12
• Entry and clearance, 241
• Equipment, managing owner to direct, 36
• Exceptions in bills of lading, 99
• Excess profits tax, proceeds of sale exempt, under Merchant Marine Act, 275
  • vessels exempt, under Merchant Marine Act, 275
• Exchange, title by, 10
• Executors, sales by, 18, 19
• Explosives, 73
  • on passenger ships, offense, 197

• False lights, 197
• Fares, through, on American ships, under Merchant Marine Act, 277
• Federal Compensation Act, 57
• Federal Criminal Code, 196
• Fees, navigation, 258
• Fellow servant, master not, 250
• Felony, defined, 193
• Fighting ships, forbidden, 79
  • provision of Merchant Marine Act, 273
• Finders, rights of, 207, 208
• Fines, Secretary of Commerce may remit certain, under Merchant Marine Act, 276
• Fire, 89, 90, 115, 116
• Fire insurance on vessels purchased from Shipping Board, under Merchant Marine Act, 269
• Firemen, hours of labor, 248
• Flag, 229
  • transfer of, 17, 23
• Floats, whether ships, 3
• Flogging, abolished, 42, 59
• Flotsam, 202
• Fog, collision in, precautions against, 149, 150
• Foreclosure of mortgages, 145-147
  • under Merchant Marine Act, 283
• Forfeiture, 195
  • on sale to alien, 17
  • under Merchant Marine Act, priority of mortgage lien, 284
• Forfeitures and punishments of seamen, 55, 56
• Foreign built vessels (see also Vessels, Registry, Coasting trade), may engage in coasting trade, when, under Merchant Marine Act, 274
• Foreign laws, Shipping Board to make rules to meet, under Merchant Marine Act, 272
• Foreign liens, 136
• Foreign market prices to be considered in sale of Shipping Board vessels, under Merchant Marine Act, 266
• Foreign ships, American-built recording of, 16
• Foreign trade, regulations governing shipping in, under Merchant Marine Act, 272
  • Shipping Board to establish new routes, under Merchant Marine Act, 267
• Foreign vessels, right to coast repealed by Merchant Marine Act, 277
• Foreigners, sale of vessels to, provisions of Merchant Marine Act, 266, 267
• Frauds, of temporary owner, when owner liable, 34
• Freight, defined, 43, 77, 86
  • dead, 91
  • lien for, 78, 127
  • loss of in collision, 162
  • master's lien upon, 43
  • when earned, 91
• Freight and demurrage, 77
• Freight rates, export, on American vessels, under Merchant Marine Act, 277
  • import, under Merchant Marine Act, 277
  • investigation by Shipping Board, under Merchant Marine Act, 268
  • through reduced, restricted by Merchant Marine Act, 277
  • unfair, 79
  • War Emergency Act repealed, 264
• Frustration of adventure, 107, 108
• Fuel, lien for, 125

• General average, 189-192
  • origins, 7
  • preferred maritime lien for, under Merchant Marine Act, 280, 283
• German vessels, turned over to Shipping Board, 266
  • sale of authorized by Merchant Marine Act, 266, 267
• Gift, title by, 10
• Great Lakes Rules, 150
• Guam, registry of vessels trading with, 12
• Guardians, may be owners, 25

• Harter Act, 70, 72, 119-122
  • public vessels entitled to benefit of, under Merchant Marine Act, 266, 267
• Hawaii, foreign vessels may carry passengers from, to United States under permit, under Merchant Marine act, 274, 275
  • trade with coastwise, 14
• Hawsers, length of, 254
• Heat, exception of, 99
• Home port, 233, 234
  • defined, 12
  • fixed by registry, 14, 15
  • limitation on manager's authority when vessel in, 37
  • maritime lien for supplies furnished in, under Merchant Marine Act, 285
  • persons authorized by Merchant Marine Act to create liens in, 285
• Hospital accommodations for seamen, 250
• Hours of labor at sea, 248
• Houses, sale of, by Emergency Fleet Corporation, authorized by Merchant Marine Act, 270
• Housing law repealed by Merchant Marine Act, 270
• Husband, ship's, defined, 36

• Import rates, provisions of Merchant Marine Act, 277
• Income tax, vessels in foreign trade exempt from under Merchant Marine Act, 275
• Individuality of ship. See Personality, Vessel
• Injuries. See personal injuries Passengers, Seamen
• Inspection, certificate of outstanding, 235
  • of vessels, 244, 255, 259
• Insurance, charter provision for, 102
  • effect of limitation of liability on, 123
  • in collision cases, 157
• Insurance, fire, on vessels purchased from Shipping Board under Merchant Marine Act, 269
• Insurance, marine, associations exempt from antitrust laws by Merchant Marine Act, 278
  • purchaser of Shipping Board vessel to provide, 268
  • Shipping Board vessels, fund for, under Merchant Marine Act, 269
• Insurance company, marine, defined in Merchant Marine Act, 278
• Insurance of cargo, 75
• Interest, on mortgages, 239
  • on preferred mortgages under Merchant Marine Act, 281
  • on purchase price of vessels under Merchant Marine Act, 266
• Interlocutory sales, 221
• International Rules, 150
• Interstate Commerce Commission, 261
  • power over, through rate rule under Merchant Marine Act, 277
• Intervenors, 221
• Investments of Shipping Board, under Merchant Marine Act, 270

• Jetsam, 202
• Jettison, 190, 191
  • master's duty, 46
• Joint rates, provisions of Merchant Marine Act, 277
• Judicial power, extent of. See Courts
• Jurisdiction, Admiralty. (See also Courts), 218, 219
  • concurrent, over crimes, 197, 198
  • criminal, 193, 194
  • ships subject to, 2
  • ships under construction not subject to, 2, 11, 12
  • shipbuilding contracts not territoriality of vessels for subject of, 11, 12
    • purposes of, 15
  • waters subject to, 3, 4
  • wrecks subject to, 204
  • of foreclosure, under Merchant Marine Act, 283, 284
  • of injuries to seamen, 58
  • of offenses under Merchant Marine Act, 282
• Jury trial, seaman's right to, under Merchant Marine Act, 287

• Laches in enforcing lien, effect of, 134
• LaFollette Seamen's Act. See Seamen's Act
• Language of seamen, 246
• Larceny, 196
• Lay days, 105, 106
• Leakage, exceptions of, 99
• Liabilities and limitations, Chapter VIII, 112-124
• Liability, limits of, 5
  • of carrier, duration of, 99
  • limitation of, by temporary owner, 33
  • of ship, when pilot in charge, 177, 178
• Libel, 219, 220
• License, form of, 231
  • master's, 39, 40
  • officers', 244
  • vessels, 12
• Lien, maritime, Chapter IX, 125-137
  • for breach of charter, 107
  • for collision damage, 156, 157
  • for freight and charter hire, 103
  • for pilotage, 175
  • for salvage, 181, 182
  • for towage, 160
  • for wages, 55, 61, 63
  • not assignable, 248
  • of landowner, on wreck, 205
  • of managing owner, 37
  • of master, 44
  • of part owners, 30
  • of wharfinger, 214
  • divested on master's sale, 19
  • failure to disclose, offense, 200
  • master's power to create, 50
  • mortgages may create, when, 113
  • of bills of lading and contracts of affreightment, 34-36
  • right of mortgagee to discharge, 144, 145
• Lien, mechanics, 136
• Lien, under Ship Mortgage Act, discussed, 239, 240
  • provisions of Ship Mortgage Act, 278-286
  • See also Ship Mortgage Act
• Life, loss of. See Loss of life
• Lifeboat men, 246
• Life-saving equipment on cargo vessels, provisions of Merchant Marine Act, 276
• Ligan, 202
• Lights, false, 197
• Limitations. See Liabilities and limitations
• Limitation of liability
  • by temporary owner, 33
  • in collision cases, 157
  • proceedings, 222
  • in loss of life, 84
• Limitation on prosecutions, 198
• Loading and stowage, 72-75
• Loans. See Construction loan fund
• Log book, contents, 52
  • disciplinary facts to be entered, 42
  • requirements, 52
• Logs. See Raft
• Longshoremen, lien for wages (see also Stevedore), 62
• Loss of life, 157
  • Act of March 30, 1920, 83, 84, 157, 250
• Loss of vessel before completion, effect on title, 11
• Loss or damage to goods, liability for, under charter, 104

• Machinery, included in sale, 23
• Mails, to be carried in American vessels, under Merchant Marine Act, 275, 276
  • contract not to be sublet to foreigners, provision of Merchant Marine Act, 275
  • Postmaster General to make contracts, under Merchant Marine Act, 275
• Maiming, 196
• Majority interest, when controlling, 28
• Managing agent, 36
• Managing owner, authority, duties and rights, 36, 37
• Manslaughter, 196
• Marine insurance. See Insurance
• Marine Insurance Associations, exempt from antitrust laws by Merchant Marine Act, 278
• Marine Insurance Company, defined in Merchant Marine Act, 278
• Marine railways, lien for use, provision of Merchant Marine Act, 285
• Maritime Law, sources, 1
• Maritime liens. See Liens
• Married women, may be owners, 25
• Master, Chapter IV, 39-53
  • agency for all parties in case of wreck, agency for owner under charter, 91
  • agency for temporary owner or charterer, 33
  • agent for underwriter, when, 113
  • authority to sign bills of lading, 36
  • bills of lading signed by, liability on, 91
  • cargo, duty to deliver, 76
  • citizenship of, 25
  • contracts of affreightment, effect of, 34-36
  • disciplinary powers, 40
  • duties in loading and stowage, 72
  • duty as to shipping articles, 243
  • duty to deliver cargo to consignees, 76
  • license of, 244
  • majority owners may employ and discharge, 28
  • name to be reported, 16
  • oath of, for documentation, 235
  • owner's authority over, 30
  • penalty for failure to exhibit documents under Merchant Marine Act, 282
  • pilot, relation to, 174
  • right to sue in collision cases, 157
  • sales by, 19-22
  • salvor, 185
  • seamen, power to punish, 61
  • shipping articles, duty as to, 243
  • wreck, agency for all persons in case of, 75
• Master carpenter, certificate of, for registry, 14
• Masts, included in sale, 23
• Mate, license of, 244
  • not to punish seamen, 61
• Mechanic's liens, 136
• Medicines, 67
• Merchant Marine Act (June 5, 1920)[35], discussed, 142-147
  • text of, 263, 289
• Merchant vessels, annual list of, 258
• Minority interest may compel majority to give bond, 28, 29
  • right to use ship, 29
• Misdemeanors, 193
• Mississippi Valley Rules, 159
• Moorage. See Wharfage and moorage
• Mortgage of cargo, master's rights, 47
• Mortgagee, liability of, 113
• Mortgages and bonds, Chapter X, 138-147
• Mortgages, new to be given after admiralty sale, 18
  • of ship at sea, 22, 23
• Mortgages, preferred, provisions of Ship Mortgage Act (§ 30 Merchant Marine Act), 278-286
  • discussed, 238
• Mortgages, recording of, provisions of Ship Mortgage Act (§ 30 Merchant Marine Act), 279-282, 286
• Motor boats, numbering of, 258
• Murder, 196
• Mutiny, 60, 197, 200, 201, 251

• Name, change of, 16, 240
  • forfeiture for change of, 195
  • marking of, 233, 234
• Nationality, of owner (see also Corporations), 13, 25, 27
  • of master, 25
  • of officers and crew, 246, 247
  • of ship. See Registry, and Flag
  • who are nationals, 25
• Naval service, vessels in exempt from Merchant Marine Act, 266
• Navigation, Commissioner of, 259
  • to authorize change of name, 16
• Navigation fees, 258
• Navigation laws, how administered, 259
• Negligence in collision, 148, 149
  • liability for, during temporary ownership, 33
  • of master, liability of owner for, 31, 32
  • liability of temporary owner for, 33
  • liability of pilot for, 175
  • liability of tug for, 165, 166
  • proof of, in collision cases, 158
    • in towage cases, 155, 156
• Negotiability of bills of lading, 98, 99
• Neutrality, violation of, offense, 197
• Note. See Promissory note
• Notice, lien independent of, 127
  • of admiralty sale by marshal, 18
  • of claim. See Claim
• Number. See Official number

• Offenses. See Crimes at sea of seamen, 59
• Officers, deck, 245
  • nationality, 247
  • qualifications, 244-247
• Official number, 233, 234
• Official tonnage, 233
• Oilers, hours of labor, 248
• Oléron, Rules, 7
  • laws, 173
• Overloading, 73
• Owner, domicile of, for registry, 14
  • duty of, to provide competent master, 39
  • liability of, 112, 113
  • oath of, for documentation, 235
  • privity or knowledge of, 116-118
  • remedies of, 220
  • single ship companies, 123
  • as salvor, 185
  • of wreck, liability of, 205
    • rights, of, 206
• Owners and managers, Chapter III, 25-38
• Ownership, control of, effect on registry. See Corporations
• Ownership, record title not conclusive of, 36
  • temporary, rights and liabilities, 33

• Panama Canal Act (August 24, 1912), 229
• Panama Canal Zone, trade with not coastwise, 14
• Panama Railroad, ships subject to suit, 219
• Parole, sale by, 10, 20, 22, 23
• Part owners, 25, 26
  • not partners generally, 25
  • suits between, 30
  • obligations of, 30
• Particular average, 189
• Partition, suit for, 30
• Partners, part owners not, 25
  • may own vessel as partnership property, 25-27
• Passengers, assault on, liability of owner, 31
  • carriage of, 79, 80
  • damage in collision, 154, 155
  • from Hawaii in foreign ships, under Merchant Marine Act, 275
  • limitation of, on cargo vessels under Merchant Marine Act, 276
  • loss of life, 83, 84
  • master's authority over, 41
  • personal injuries to, 81-83
  • not salvor, 183
  • seduction of, 252
  • to be notified of dangers under Merchant Marine Act, 276
• Peril of the sea, exception of, 89
  • liability for, under charter, 104
• Penalties and forfeitures, 195
• Penalties under Ship Mortgage Act, 282
• Personal injuries to passengers. See Passengers
• Personal injuries, of seamen, 56-58, 287
• Personality of ship, 5, 112, 114, 195
• Philippine Islands, may make registry rules under Merchant Marine Act, 274
  • not coastwise under Merchant Marine Act, 274
  • whether coastwise, 14
• Pilot, citizenship of, 13
  • licenses of, 244
  • master to remain in command, 43
  • when salvor, 184
• Pilotage. See Towage and pilotage, Chapter XII, 159-179
  • appendix on, 253, 254
  • extra, ordered by master, owner's liability, 31
  • liability of master for, 41
• Piracy, 195-199
• Place of trial, of offenses at sea, 194
• Plundering, 197
• Port captain, 36
• Port facilities, effect of freight rates on, investigation by Shipping Board, under Merchant Marine Act, 268
• Port of registration. See Home port
• Porto Rico, trade with coastwise, 14
• Possession, evidence of ownership, 25
  • lien independent of, 127
• Preferred lien. See Liens
  • foreclosure of, under Ship Mortgage Act, 283
• Preferred mortgages. See Mortgages
  • foreclosure of, 146, 147
  • incidents of, 141-143
  • transfer of, 145
• Preferred mortgage vessels, 128-131
• Prices, market, foreign, to be considered in sale of Shipping Board vessels, under Merchant Marine Act, 266
• Princes, restraint of. See Restraint of princes
• Priorities in liens. (see also Liens), 129-131
• "Privity or knowledge," 116, 117
• Prizes of war, when entitled to registry, 12
• Process, 220-222
• Proctor, 220
• Promissory note, master's not binding on owner, 41
• Protest, cost of, 152
  • described, 52
  • form of, 290
  • shipper entitled to copy, 76
• Provisions, lien for, 125
  • scale of, 249
  • when included in sale, 23
• Punishment, corporal, 197
  • of seamen (see also Seamen), 55, 56
• Purchase, title by, 10

• Radio telegraph, failure to carry (see also Wireless), 200
• Raft, whether a vessel, 2
• Railroads, freight rates, investigation by Shipping Board under Merchant Marine Act, 268
  • reduced, restriction upon under Merchant Marine Act, 277
• Rape, 196
• Rates. See Freight
  • export, on American vessels under Merchant Marine Act, 277
  • freight and charter, War Emergency Act repealed, 264
  • freight, unfair, 79
  • import, provisions of Merchant Marine Act, 277
• Readiness, 106
• Receiver, in preferred lien foreclosures under Merchant Marine Act, 283
• Record title, not conclusive of ownership, 36
• Recording, American-built foreign ships, 16
  • liens. See Liens
  • mortgages (see also Mortgages), 144
• Redelivery of vessel under charter, 102
• Redocumentation, 241
• Register, form of, 231
• Register tonnage, 256
• Registration and regulation in general, 10
• Registry, general, 228, 229
  • and flag, 229
  • change of, to foreign, approval of Shipping Board, 17, 27
  • coastwise trade, vessels entitled to engage in, 13
  • control, American, of corporate owners, 13
  • copy to be included in bill of sale, 17
  • corporate ownership, American control, 13
  • defined, 12
  • domicile of owner, 14
  • ownership by citizens, 13
  • procedure (see also Documentation), 14
  • surrender, on sale of ship at sea, 23
  • vessels entitled to, 12, 229-231
• Regulations, navigation, 150
• Remedies, Admiralty, Chapter XVII, 218-222
• Repairs, liability for, during temporary ownership, 33
  • lien for, 125, 131
  • in home port, under Merchant Marine Act, 285
  • majority owners may pledge vessel for, 28
  • managing owner to make, 36
  • to wrecked vessel, to entitle her to registry, 12
• Replevin, of wreck, 206
• Representations prior to sale, 23, 24
• Requisition, of vessels under Merchant Marine Act, 270
  • War Emergency Act repealed, 264
• Residence of owner, for registry (see also Citizenship, Corporations, Nationality), 14
• Respondentia, defined, 138
  • incidents of, 140, 141
• Restraint of princes, 90, 108, 109
• Revised Statutes, Sections:
  • 4139, 39, 40
  • 4141, 12
  • 4142, 4147-4153, 4155, 14
  • 4170, 10, 17
  • 4180-4184, 16
  • 4282, 70, 89, 90
  • 4283, 70
  • 4284, 115
  • 4285, 70, 115
  • 4286, 70, 113, 115
  • 4287, 4288, 4289, 70
  • 4319, 14
  • 4439, 40
  • 4445, 40
  • 4450, 40
  • 4501-4612 (Title LIII), 56
  • 4511, 55
  • 4528, 55
  • 4564, 41
  • 4569, 41
  • 4581, 56
  • 4596, 56
  • 4612, 54
  • 5363, 41
• Revolt, 197
• River steamers, registry of, 13
• Road. See Rules of road
• Robbery, 196, 197
• Rooles of Oléron. See Oléron
• Routes, trade, Shipping Board may establish under Merchant Marine Act, 267
• Rules, navigation, 150
• Rules of Oléron. See Oléron Rules of
• Rules of the road, 253

• Safe port, 101
• Sailor. See Seamen
• Sails, included in sale, 23
• Sale, bill of. See Bills of sale
• Sale, in admiralty proceedings, 17, 18
  • effect on liens, 134, 135
  • notice, by marshal, 18
  • no warranty, 18
  • interlocutory, 221
• Sale, in partition suit, 30
• Sale, judicial, discharge of mortgage upon under Ship Mortgage Act, 279, 280
• Sale of cargo, master's rights, 47
• Sale of shipbuilding plants of Shipping Board, under Merchant Marine Act, 270
• Sale of vessel, bill of, what to include, 17, 23
  • by master (see also Master), 19-22, 50
  • by mortgagee, 19
  • by parole, 10, 20, 22, 23
  • by trustees and executors, 18, 19
  • to alien, 17
  • to alien, Shipping Board vessels under Merchant Marine Act, 266, 267
  • to alien, Shipping Board to approve under Merchant Marine Act, 284
  • to American citizens, under Merchant Marine Act, 266
  • of ship at sea, 22, 23
  • proceeds exempt from taxation, when under Merchant Marine Act, 275
  • representations prior to, 23, 24
• Salvage and general average, Chapter XIII, 180-192
• Salvage, seamen's lien not assignable, 248
• Salvor, Lien, 181, 182
  • successive, 186
  • who may be, 183, 184
• Seamen, Chapter V, 54-68
  • abandonment of, 252
  • age requirements, 246
  • berths, 249
  • clothing for, 250
  • corporal punishment of, prohibited, 252
  • death of, 250
  • death of, right of action under Merchant Marine Act, 287
  • foreign, when not engaged to work in United States, 15
  • hospital accommodations, 250
  • injuries to, 250
  • jury trial, right to, under Merchant Marine Act, 287
  • language of, 246
  • lien for salvage, not assignable, 248
  • lien for wages under Merchant Marine Act, 280
  • loss of effects in collision, 154-155
  • majority owners may employ and dismiss, 28
  • nationality of, 247
  • offenses of, 251
  • personal injuries to, under Merchant Marine Act, 287
  • provisions, scale of, 249
  • punishment of, authority of master, 42
  • qualifications, 246
  • salvors, whether, 183, 185
  • wages, demandable only once in same port under Merchant Marine Act, 286
    • liability of master, 41
    • liability of owner, 31
    • lien under Merchant Marine Act, 280
  • washing places, 249
• Seamen's Act (March 4, 1915), 56, 245, 247, 249-251
• Seaworthiness, generally defined, 70-72
  • liability for, etc., 70-72
  • owners' obligation for, 30, 31
    • defined, 31
    • test of, 31
  • penalty for want of, 67
  • proceeding to determine, on complaint of seamen, 66, 67
  • warranty of, 87, 88
• Seduction, 196
  • of passenger, 252
• Self-defense, by seamen, 61
• Ship (see also Vessel), personality of, 112, 114
  • what is, 180, 181
• Ship Mortgage Act (June 5, 1920)[36], text of, 276-286
  • See also Mortgages, Liens, etc.
• Shipbuilders Lien, 11
• Shipbuilding contracts, 10
• Shipbuilding plants of Shipping Board, insurance of, under Merchant Marine Act, 269
• Shipping, American Bureau of under Merchant Marine Act, 276
• Shipping Act (September 7, 1916), 231, 260, 261
• Shipping Act, Emergency, repealed by Merchant Marine Act, 263
• Shipping Articles, 55, 63, 64, 242-244
• Shipping Board, 260, 261
  • appointment and duties under Merchant Marine Act, 264, 265
  • approval, for change of registry, 27
  • assignment of vessels under Merchant Marine Act, 267
  • charters to be filed with, 86
  • may delegate to Emergency Fleet Corporation, 288
  • mortgages, authority over, 145
  • sales to aliens, Board to approve, 17
  • ships immune from arrest, 219
  • to investigate fighting ships, 79
  • vessels sold to citizens, entitled to registry, 13
• Shipping Commissioners, 63, 260
• Ship's husband, defined, 36
• Shore captain, 36
• Single ship companies, 16, 123
• Sleeping quarters, 249
• Slop-chest, 7
• Smuggling, 197
• Stand-by Act (September 4, 1890), 158
• State liens, 135
• Statutes. See Acts of Congress, Revised Statutes, Compiled Statutes
• Steam vessels, inspection of, 225
• Steamboats, river and bay, when entitled to registry, 13
• Stevedore, duties, 72
  • in whose employ, under charter, 105
  • lien for wages, 62
  • lien under Merchant Marine Act, 280, 283
  • master's control over, 45
• Stolen goods, receiving, 196
• Stowage. See Loading and stowage
• Stranding, no general average, 190
  • not collision, 148
• Subcharters, 101
• Supervising Inspector General, 259
• Supervising inspectors, rules, 150
• Supplies, liability for, during temporary ownership, 33
  • lien for, 125, 131
  • lien for, provisions of Merchant Marine Act, 285
  • lien for, in home port, under Merchant Marine Act, 285
  • majority owners may pledge vessel for, 28
  • penalty for neglect to provide, 67
  • what to be provided, 67
  • when included in sale, 23
• Supreme Court. See Courts
• Survey, cost of, 152
• Surveyor, marine, duties of, 66
• Surveyor's certificates, 232, 233

• Taxation of vessel, situs for, 15
• Taxation, when proceeds of vessel exempt, under Merchant Marine Act, 275
• Taxes. See Excess Profits Tax, Income Tax, Tonnage Taxes
• Temporary ownership, rights and liabilities, 33
• Territoriality of vessel, 14, 15, 193, 194
• Theft, exception of, 99
• Through export rates under Merchant Marine Act, 277
• Through fares on American vessels under Merchant Marine Act, 277
• Time charters, 101, 105
• Title and transfer, Chapter II, 10-24
  • under Merchant Marine Act, 284, 289
• Title, record, not conclusive of ownership, 36
• Tonnage. See Register tonnage
  • official. See Official tonnage
• Tonnage taxes, 257
• Torts liability for, during temporary ownership, 33
  • liability of owner for master's or vessel's, 31-33
  • liability of ship for, 112
  • liens arising out of, 126
  • maritime, defined, 4
  • owner's, 31
  • vessel liable for, 33, 34
• Tow, liability in tort, 112
• Towage and pilotage, Chapter XII, 159-179
• Towage, distinguished from salvage, 184
  • lien for, under Merchant Marine Act, 285
• Trade routes, Shipping Board to establish under Merchant Marine Act, 267
• Transfer. See Title and transfer
• Treaties, restricting discriminating duties, to be terminated under Merchant Marine Act, 287
• Trial, jury, seamen's right to, under Merchant Marine Act, 287
• Trial of offenses, place of, 194
• Trover, for wreck, 206
• Trustees and executors, sales by, 18, 19
• Trustees, may be owners, 25
• Tug. See Towage and pilotage
  • liability in tort, 112
• Tutuila, registry of vessels trading with, 12

• Underwriters, liability of, 113
• Unfair practices, Shipping Board to make rules to meet under Merchant Marine Act, 272
• United States Compiled Statutes 1916. See Compiled Statutes
• United States Revised Statutes. See Revised Statutes
• United States Shipping Board. See Shipping Board
• Unseaworthiness, penalty for, 195

• Valuation in bill of lading, 99, 100
• Vessel[37] (see also Ship)
  • defined, 2
  • destruction before completion, effect on title, 11
  • foreign, American-built, recording of, 16
  • foreign-built, not to trade coastwise, 13
    • exceptions, 13
  • loss before completion, effect on title, 11
  • may sue and be sued, 5
  • of United States, what is, 13
  • personality of, 5, 33, 34
  • sale of, Chapter II, 17-24
  • territoriality of, 14, 15
  • under construction, not subject to admiralty jurisdiction, 11, 12
  • when subject to admiralty jurisdiction, 2
• Vessels, provisions of Merchant Marine Act definition, 288
  • mortgaged, transfers of, 284
  • requisition of, War Emergency Act, repealed, 264
• Voyage charter, dissolution by accident, 107
• Voyage, whether coastwise, how determined, 13, 14

• Wages (see also Seamen), 64, 247, 248
  • in collision cases, 152
  • liability of master, 41
  • liability of owner, 31
  • lien, seamen's, 55, 61-63
  • lien under Merchant Marine Act, 280
  • master's, 43
• War, effect on charters, 107
• Warranty, in sales, 23, 24
  • none in admiralty sale, 18
• Washing places for seamen, 249
• Watch and Watch, 248
• Watch officers, nationality of, 246
  • must be citizens, 13
• Watchman, lien for wages, 62
• Water tenders, hours of labor, 248
• Waters subject to admiralty Jurisdiction (see also Jurisdiction), 3, 4
• Wharfage and moorage, Chapter XVI, 209-217
• Wharfinger's lien, 214
• Wireless, penalty for failure to carry (see also Radio telegraph), 195
• Work day, 248
• Workmen's compensation laws, as applied to seamen, 56, 57
• Wreck, collision with, 148
  • master's duty to preserve, 51
  • not within admiralty jurisdiction, 2
  • rebuilt, registry of, 12
  • registry of, 230
• Wreck or stranding, as affecting cargo, 51
• Wrecks and derelicts, Chapter XV, 202-208
• Writs, 220-222

• Yachts, registry of, 13
• York-Antwerp Rules, 7
• Yukon River, traffic on, whether coastwise under Merchant Marine Act, 277