working days after the time within which the report of the master or person having charge of the ship is required to be made to the collector; within twelve working days if it be of three hundred tons and less than eight hundred; and within fifteen days if it be of eight hundred tons or upwards. The collector thereafter will have a right to take possession of them, unless they are goods intended for some other district or foreign port. But with the consent of owner or consignee of the goods, or owner or master of the vessel, they may be taken possession of by the collector after one day's notice to him.* And no goods, wares or merchandise brought in any ship or vessel from any foreign port or place can be unladen in her port of destination in the United States, or delivered, save between the rising and setting of the sun, except by special license from the collector and naval officer for such unlading or delivery. If any goods should be unladen or delivered contrary to this regulation, every person knowingly concerned or aiding therein, or in removing, storing, or otherwise securing the same, will be subject to a forfeiture of four hundred dollars for each offence; while the goods so unladen or delivered will become forfeited; and when their value amounts to four hundred dollars, the vessel will be subject to forfeiture and seizure.† When the cargo is ready to be delivered the master can rarely incur any responsibility by adhering strictly to his engagement with the shipper. If, however, there should be conflicting claims by different parties claiming the same goods, it may be prudent to require indemnity. It may happen that some of the merchandise may have been shipped on credit, and the party to whom it has been consigned may have become bankrupt or suspended payment. In such a case the shipper may countermand delivery, or cause delivery prior to, or at the final intended * Act of Congress of March 2, 1861, Section 1; 12 U.S. Statutes, 209. † Act of Congress, March 2, 1799, Section 50. use. place of their delivery, to himself, or to some one for his This is usually called 'stoppage in transitu.' It is understood that this right ceases where there has been a previous sale made in good faith and bills of lading have been endorsed to the purchaser. The exercise of this right is by a notice to the master not to deliver; and it is his duty to attend to such notice; and if, after the receipt of it, he delivers the goods to the vendee, he will be responsible to the vendor for the loss he may thereby sustain. And the shipper may, after such notice, maintain an action for the goods against the person to whom they have been improperly delivered.* But the shipper, if he would repossess himself of the goods, is bound to pay the freight and relieve them of all charges rightfully accruing after he parted with the possession of them. It seems to be well settled in England and America that a delivery of goods at any usual landing place, when there are no special directions to the contrary, is all that is required of the master, provided he gives notice to the consignee that he may come and take them. But if the consignee is unable or unwilling to receive them, the master cannot discharge himself from responsibility by leaving the goods on the wharf; but it is his duty to take care of them for the owner, unless the consignee is under an obligation to receive them, in which case they will be at his risk. If the consignee requires the master to deliver the goods to himself on board the ship and not to land them on the wharf, the master must obey the request; for the wharfinger cannot insist that the goods shall be landed on his wharf, though the vessel be moored against it Until some such delivery as above indicated, the master remains responsible for the goods. If they are lost in the ship's boat, being on the way from the ship to the shore, he is responsible, unless such * Abbott on Shipping, 528. risk is expressly guarded against in the bill of lading. But if the owner receives them in a lighter from the ship, or in any way takes the custody of them before they are landed, the master's responsibility ceases. * Although, in general, the master is bound to deliver the goods to the consignee, yet, where they are safely conveyed to the place of destination and the consignee is dead or absent, or if he refuses to receive them, or is not known or cannot be found, the master may discharge himself and his employer from further responsibility by placing the goods in store at the place of destination, with some responsible person engaged in the kind of business to which the goods relate, for and on account of their owner, in which case the depositary will become the agent of the owner.† There is generally a lien on goods shipped for freight due thereon; the shipper cannot insist on a delivery of the goods to him until the freight is paid. At the same time the carrier is not at liberty to insist that the goods shall not be landed before payment is made; for the shipper has a right to insist upon examining the goods, in order to ascertain whether they are damaged or not before he makes himself liable at all events for the freight. The master may detain any part of the merchandise for the freight of all that is consigned to the same person. Hence, if the master in such a case makes a delivery of part of the goods to the consignee, he may retain the residue, even against a purchaser, until payment of the whole. But if the goods are sold to different persons by the consignee and part is delivered, the master has not a lien upon the residue so as to compel one purchaser to pay freight for what has been delivered to another purchaser, but only for what has been purchased by himself.‡ A master of a British vessel must remember that she * 4 Bosanquet and Paller's Reports, 16; Garnett v. Wilson, 5 Barnwell and Alderson's Reports, 58. Fisk v. Newton, 1 Denio's (New York) Reports, 45. Abbott on Shipping, 376, 8th edition. will not be allowed to carry goods from one port to another of the United States. The American coasting trade can be only carried on by American vessels. This will not prohibit the sailing of a British bottom from one port to another of the United States, provided no goods, wares, or merchandise, other than those imported in such vessel from some foreign port, and which shall not have been unladen, shall be carried.* Foreign vessels, however, except steamboats employed on rivers, bays, &c., may carry passengers from port to port in the United States.† 8. COMPLAINTS OF CREW IN A FOREIGN PORT. In case three or more of his crew apply to the master for permission to go on shore to the Consul, with the object of making a complaint of the deficiency or bad quality of their provisions, it may be well that he should explain to them that if their complaint proves to be vexatious, or without foundation, they will each of them forfeit a week's wages. By impressing this upon seamen, the master may sometimes prevent unjustifiable grumbling and check discontent, which, if allowed its free course, might lead to annoying or serious consequences. If the allowance of provisions which a seaman by his agreement is entitled to receive be reduced, he will, when discharged from the vessel, have the right to claim, in addition to his wages, certain amounts, according to the quantity of and time during which such deduction has been made; unless it has been made by way of punishment, to which by his agreement he has become subject, or because he has been in confinement for misconduct, or by reason of his refusal or failure to perform his duty. * Act of U.S. Congress, February 18, 1793, Section 4; Brightley's Digest, 139. Opinions of U.S. Attorney-Generals, vol. 2 p. 392, vol. 4 p. 270. In case the reason for reduction of provisions does not come within either of these three categories, he should be paid. If his allowance has been reduced by one-third or less, a sum not exceeding fourpence a day; If more than one-third, eightpence a day; If the reduction has been made by reason of the badness of the provisions and not of their deficiency, the seaman will be entitled to a sum not exceeding one shilling a day. In deciding the amount which, under these circumstances, seamen may claim, the Consular or other officer to whom the case has been submitted has discretionary powers given him, which he is to exercise according to the merits of the case, and he may reduce the amounts to less than the extremes fixed by law.* 9. NAVAL COURTS. A naval court can be held in a foreign port to ascertain and try important charges against masters, mates, or seamen, as well as in relation to other matters. The power of summoning the court is given to Consuls in the absence of an officer commanding one of Her Majesty's ships in the port; and, in cases where such an officer is at hand, the Consul will, if he considers there is a case for a naval court, apply to him, or refer the parties to him.† The cases for which a naval court may be summoned are the following:-1. If the master or any of the crew of any British ship make a complaint to the Consul which appears to him to require immediate investigation. 2. Whenever he thinks that the interests of the owner of the ship or cargo require it. 3. Whenever a British ship is wrecked, lost, or abandoned, within or near his Consu * Merchant Shipping Act, 1854, Section 223. † Ibid. Section 104. |