Handbook of Admiralty Law

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West Publishing Company, 1920 - 572페이지

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Perils of the Seas 7577
75
Barratry 7778
77
Thefts
78
All Other Perils 7980
79
Proximate Cause of Loss 8083
80
The LossTotal or Partial 8387
83
Abandonment 8788
87
Agreed Valuation 8891
88
Subrogation of Insurer 9192
91
Suing and Laboring Clause 9293
92
CHAPTER IV
94
Requisites of Bottomry Bond 9697
96
Respondentia 9798
97
Supplies Repairs and Other Necessaries 98101
98
Necessaries Furnished in Foreign Ports 101107
101
Necessaries Defined 107110
107
Necessaries Furnished Domestic Vessels 110115
110
Domestic Liens as Affected by Owners Pres ence 115116
115
Shipbuilding Contracts 116117
116
Vessels Affected by State Statutes
118
CHAPTER V
119
Privity of Contract Necessary to Lien 122123
122
Canal Tolls
123
Section Page 57 TowageService Defined 124125
124
5859 Responsibility as Between Tug and Tow 125_129
125
Degree of Care Required of Tug 129130
129
For Whose Acts Tug or Tow Liable
131
CHAPTER VI
132
Salvage DefinedElements of Service 134141
134
The AwardAmount in General
142
Incidents of the Service 146149
146
Salvage Contracts 149150
149
Salvage Apportionment 150151
150
Salvage Chargeable as between Ship and Cargo 152153
152
CHAPTER VII
154
against Unseaworthiness and Deviation 155156
155
Mutual Remedies of Ship and Cargo on Contracts of Affreightment 156157
156
Entirety of Affreightment Contract
158
Apportionment of Freight 159160
159
7778 Ship as Common Carrier 160161
160
Bill of LadingMaking and Form in General 161162
161
Negotiability 162163
162
Exceptions in General 163164
163
Exception of Perils of the Sea 165166
165
Charter Parties Defined 166168
166
Construction of Charter Parties 168171
168
Conditions Implied in Charter Parties of Sea worthiness and against Deviation 171173
171
Cancellation Clause in Charter Parties 174175
174
Loading Under Charter Parties 175176
175
Execution of Necessary Documents under Charter Parties 177178
177
Cesser Clause in Charter Parties 178179
178
OF WATER CARRIAGE AS AFFECTED BY THE HARTER
180
CHAPTER IX
195
CHAPTER X
222
Section Page 111 The English Doctrine as to Survival in Admiralty
227
The American Doctrine as to Survival in Admir altyIndependent of Statute 228230
228
Under State Statutes 230236
230
Under Congressional Statutes 236241
236
The Law Governing 242243
242
Effect of Contributory Negligence 243244
243
Construction of Particular Statutes
244
CHAPTER XI
245
Preliminary Definitions 250251
250
Distinctive Lights Prescribed for Different Vessels 251258
251
Sound Signals in Obscured Weather 258261
258
Speed in Obscured Weather 262264
262
Precautions when Approaching Fog Bank
265
CHAPTER XII
268
Sail Vessels 270273
270
SteamersThe PortHelm Rule 273277
273
The Crossing Rule 277278
277
Steam and Sail 278281
278
Privileged Vessels 281283
281
The Standby Act 305307
305
CHAPTER XIV
308
Inevitable Accident or Inscrutable Fault 309312
309
One Solely in Fault
312
Rights of Third Party where Both in Fault 318319
318
Contribution between Colliding VesselsEnforce ment in Suit against Both
320
Enforcement by Independent Suit 321326
321
Measure of Damages
326
When Loss Partial 328330
328
Remoteness of DamagesSubsequent Storm 330331
330
Doctrine of Error in Extremis 331332
331
CHAPTER XV
333
Relation of Vessel Owners as Respects Third Par ties 341344
341
CHAPTER XVI
345
161 History and Policy of Federal Legislation 346354
346
By Whom Limitation of Liability may be Claimed
354
Section Page 163 Against what Liabilities Limitation may be Claimed 355357
355
Privity or Knowledge of Owner 357361
357
The Voyage as the Unit 364
364
Extent of Liability of Part Owners
365
Prior Liens 366368
366
Damages Recovered from Other Vessel 369371
369
Freight
371
Salvage and Insurance 372373
372
ProcedureTime for Taking Advantage of Statute 373374
373
Defense to Suit against Owner or Independent Proceeding 374
374
Method of Distribution
375
CHAPTER XVII
376
176177 Contract Liens in General
377
Seamens Wages 378380
378
Salvage 380382
380
Materials Supplies Advances Towage Pilot age and General Average 382384
382
Bottomry 384386
384
Nonmaritime Liens and Titles
386
Tort Liens 387391
387
Relative Rank as Affected by Date of Vesting Among Liens of Same Character 391393
391
Among Liens of Different Character 393394
393
Between Contract and Tort Liens
394
Relative Rank as Affected by Suit or Decree 397398
397
CHAPTER XVIII
399
Proceedings in Rem and in Personam 400403
400
The Admiralty Rules of Practice
403
Section Page 193 Amendments
405
The Process 403
406
Decrees by Default 408409
408
The Defense 409410
409
The Trial 410
410
Evidence
411
Attachments in Admiralty
412
Limitations
413
Costs
414
The FiftyNinth Rule
415
The Process of Appeal
418
Questions of Fact on Appeal 419
419
New Evidence 420422
420
HUGHESADM 2D ED
423
The Mariners Compass
424
The Salvage Act of August 1 1912 425
425
1 The International Rules 426445
426
2 The Rules for Coast and Connecting Inland Waters 445461
445
3 Lines between International and Inland Rules 462468
462
4 The Lake Rules 468479
468
5 The Mississippi Valley Rules 479488
489
7 The StandBy Act of September 4 1890 493494
493
1 The Act of March 3 1851 as Amended 494496
494
2 The Act of June 26 1881
497
Statutes Regulating Evidence in the Federal Courts 498504
498
The Handwriting Act of February 26 1913
504
Suits in Forma Pauperis
505
Certain Admiralty Suits against the United States 506511 511531
506
The Admiralty Rules of Practice
511
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436 페이지 - When a vessel is in distress and requires assistance from other vessels or from the shore the following shall be the signals to be used or displayed by her, either together or separately, namely : In the daytime: First. A gun or other explosive signal fired at intervals of about a minute. Second. The international code signal of distress indicated by NC Third.
444 페이지 - Nothing in these rules shall interfere with the operation of any special rules made by the government of any nation with respect to additional station and signal lights for two or more ships of war or for vessels sailing under convoy...
468 페이지 - When two steam- vessels are meeting end on, or nearly end on, so as to involve risk of collision, each shall alter her course to starboard, so that each may pass on the port side of the other.
353 페이지 - ... the amount or value of the interest of such owner in such vessel and her freight then pending.
419 페이지 - ... points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam on...
417 페이지 - That in every case of collision between two vessels it shall be the duty of the master or person in charge of each vessel, if and so far as he can do so without serious danger to his own vessel, crew, and passengers...
419 페이지 - ... points abaft the beam on the starboard side, and of such a character as to be visible at a distance of at least two miles.
435 페이지 - In obeying and construing these rules due regard shall be had to all dangers of navigation and collision, and to any special circumstances which may render a departure from the above rules necessary in order to avoid immediate danger.
429 페이지 - A vessel under one hundred and fifty feet in length, when at anchor, shall carry forward, where it can best be seen, but at a height not exceeding twenty feet above the hull, a white light in a lantern so constructed as to show a clear, uniform, and unbroken light visible all round the horizon at a distance of at least one mile.
447 페이지 - ... so in doubt shall immediately signify the same by giving several short and rapid blasts, not less than four, of the steam whistle.

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