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PART III.

PERSONAL OR MOVABLE PROPERTY.

TITLE I. PERSONAL PROPERTY IN GENERAL.
II. PARTICULAR KINDS OF PERSONAL PROPERTY.

TITLE I.

PERSONAL PROPERTY IN GENERAL.

SECTION 946. By what law governed.

947. Future interests in perishable property, how protected.

governed.

SEC. 946. If there is no law to the contrary in the By what law place where personal property is situated, it is deemed to follow the person of its owner, and is governed by the law of his domicile.

N. Y. C. C., Sec. 364.

SEC. 947. Where one has the present and another the future interest in a thing personal, and the thing is perishable, the latter may require it to be sold, and the proceeds invested for the benefit of both parties, according to their respective interests; except in case of a thing specially appropriated to a particular use.

N. Y. C. C., Sec. 365.

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TITLE II.

PARTICULAR KINDS OF PERSONAL PROPERTY.

CHAPTER I. THINGS IN ACTION.

II. SHIPPING.

III. PRODUCTS OF THE MIND.

IV. OTHER KINDS OF PERSONAL PROPERTY.

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CHAPTER I.

THINGS IN ACTION.

SECTION 953. Things in action defined.

954. Transfer and survivorship.

SEC. 953. A thing in action is a right to recover something by a judicial proceeding.

N. Y. C. C., Sec. 366.

SEC. 954. A thing in action, arising out of the violation of a right of property, or out of an obligation, may be transferred by the owner. Upon the death of the owner it passes to his personal representatives, except where, in the cases provided in the CODE OF CIVIL PROCEDure, it passes to his devisees or successor in office. N. Y. C. C., Sec. 367.

CHAPTER II.

SHIPPING.

ARTICLE I. GENERAL PROVISIONS.
II. RULES OF NAVIGATION.

ARTICLE I.

GENERAL PROVISIONS.

Definition

of a ship.

Appurtenances and equipments.

SECTION 960. Definition of a ship.

961. Appurtenances and equipments.

962. Foreign and domestic navigation.

963. Foreign and domestic ships distinguished.

964. Several owners.

965. Owner for voyage.

966. Registry, etc.

SEC. 960. A ship is any structure fitted for navigation. Every kind of ship is included in the term "shipping."

N. Y. C. C., Sec. 368.

SEC. 961. All things, belonging to the owners, which are on board a ship, and are connected with its proper

use, for the objects of the voyage and adventure in which the ship is engaged, are deemed its appurtenances.

N. Y. C. C., Sec. 369.

domestic

SEC. 962. Ships are engaged either in foreign or domes- Foreign and tic navigation, or in the fisheries. Ships are engaged in navigation. foreign navigation when passing to or from a foreign country; and in domestic navigation, when passing from place to place within the United States.

N. Y. C. C., Sec. 370.

SEC. 963. A ship in a port of the State to which it belongs is called a domestic ship; in another port it is called a foreign ship.

N. Y. C. C., Sec. 371.

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owners.

SEC. 964. If a ship belongs to several persons, not Several partners, and they differ as to its use or repair, the controversy may be determined by any Court of competent jurisdiction.

N. Y. C. C., Sec. 372,

Voyage.

SEC. 965. If the owner of a ship commits its possession owner for and navigation to another, that other, and not the owner, is responsible for its repairs and supplies.

N. Y. C. C., Sec. 373.

SEC. 966. The registry, enrolment and license of ships Registry,etc. are regulated by Acts of Congress.

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Collisions.

Rules as to ships meeting each other.

The rule for sailing vessels.

Rules for steamers in narrow

channels.

Same.

Rules for steam vessels

courses.

SEC. 970. In the case of ships meeting, the following rules must be observed, in addition to those prescribed by that part of the POLITICAL CODE which relates to Navigation:

1. Whenever any ship, whether a steamer or sailing ship, proceeding in one direction, meets another ship, whether a steamer or sailing ship, proceeding in another direction, so that if both ships were to continue their respective courses they would pass so near as to involve the risk of a collision, the helms of both ships must be put to port so as to pass on the port side of each other; and this rule applies to all steamers and all sailing ships, whether on the port or starboard tack, and whether close-hauled or not, except where the circumstances of the case are such as to render a departure from the rule necessary in order to avoid immediate danger, and subject also to a due regard to the dangers of navigation, and, as regards sailing ships on the starboard tack closehauled, to the keeping such ships under command.

2. In the case of sailing vessels, those having the wind fair must give way to those on a wind. When both are going by the wind, the vessel on the starboard tack must keep her wind, and the one on the larboard tack bear up strongly, passing each on the laboard hand. When both vessels have the wind large or abeam, and meet, they must pass each other in the same way on the larboard hand, to effect which two last mentioned objects the helm must be put to port Steam vessels must be regarded as vessels navigating with a fair wind, and should give way to sailing vessels on a wind of either tack.

3. A steamer navigating a narrow channel must, whenever it is safe and practicable, keep to that side of the fairway or mid channel which lies on the starboard side of the steamer.

4. A steamer when passing another steamer in such channel, must always leave the other upon the larboard side.

5. When steamers must inevitably or necessarily cross on different 80 near that, by continuing their respective courses, there would be a risk of collision, each vessel must put her helm to port, so as always to pass on the larboard side of each other.

steamers.

6. The rules of this section do not apply to any case Meeting of for which a different rule is provided by the regulations for the government of pilots of steamers approaching each other within sound of the steam whistle, or by the regulations concerning lights upon steamers, prescribed under authority of the Acts of Congress approved August thirtieth, eighteen hundred and fifty-two, and April twenty-ninth, eighteen hundred and sixty-four.

N. Y. C. C., Sec. 375.

NOTE. For regulations prescribed by the Acts mentioned in Subd. 6, see note at end of this article.

from breach

of rules.

SEC. 971. If it appears that a collision was occasioned Collision by failure to observe any rule of the foregoing section, the owner of the ship by which such rule is infringed cannot recover compensation for damages sustained by the ship in such collision, unless it appears that the circumstances of the case made a departure from the rule necessary.

N. Y. C. C., Sec. 376.

SEC. 972. Damage to person or property arising from the failure of a ship to observe any rule of Sec. 970, must be deemed to have been occasioned by the wilful default of the person in charge of the deck of such ship at the time, unless it appears that the circumstances of the case made a departure from the rule necessary.

N. Y. C. C., Sec. 377.

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SEC. 973. Losses caused by collision are to be borne Loss, how as follows:

1. If either party was exclusively in fault he must bear his own loss, and compensate the other for any loss he has sustained.

2. If neither was in fault, the loss must be borne by him on whom it falls.

3. If both were in fault, the loss is to be equally divided, unless it appears that there was a great disparity in fault, in which case the loss must be equitably apportioned.

4. If it cannot be ascertained where the fault lies, the loss must be equally divided.

N. Y. C. C., Sec. 378.

apportioned.

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