WAGER POLICIES (see Insurance). valid on foreign ships, if so expressed, 333. WAGES OF CREW (see Agreement, Crew). ordinary contract for, and its incidents, 164. amount must be in agreement under M. S. Act. 1854..146. when right to wages begins, 164. if improperly discharged before voyage, 164. or month's wages earned, 164. wages formerly dependent on freight, 166. exceptions to rule, 167. difference between Courts of Law and of Admiralty on this subject, 167. statutory alterations in rule, 168. rules established by M. S. Act, 1854..168. statutory right to wages in cases of shipwreck, 168. payment of wages, 177. seaman's claim for wages takes precedence of master, 90. statutory provisions as to speedy payment, 178. payment of, before superintendent of mercantile marine office (see Mercantile Marine Office), 178. delivery of account of, by master, 178. arbitration before superintendent of mercantile marine office, 179. release before, 179. report as to conduct, 179. by money order, 180, 181. forfeiture of, by absence without leave, 127, 130. by desertion, 129, 172. by neglecting to join ship, 130, 173. by quitting ship at port of delivery, 130. by wilful disobedience, 130. by wilfully damaging ship, &c., 131. by refusing to defend ship, 171. by smuggling, 131. by assaulting master or mate, 130. by embezzlement or wilful destruction of stores, 164. deduction from, of costs incurred by reason of offences of crew, 133, 173. of fees payable to superintendents of mercantile marine sales of, and charges on, in anticipation, invalid, 145, note. must be stated in agreement, 146. deduction from, by reason of false statements on hiring, 146, note. verbal agreements to pay, 147, note. agreement to abandon in case of loss, inoperative, 147, 167. so, in case of entering navy, 148, 175. so, as to abandonment of lien on ship, and of remedies for wages. WAGES OF CREW-(continued). stipulations as to allotment of, in agreement, 147, note. deduction from, in cases of incompetency, embezzlement of stores, &c., 148, compensation for discharge before voyage, 153, 164, note. payment of, when ship transferred abroad, 153, 180. when seamen left abroad, 153. when left abroad under certificate of unfitness, 155, 170, 180. in cases of distress abroad, wages a charge on ship, 157. recovery of, by Board of Trade, 158. addition to, in cases of short allowance, 159. deduction from, in cases of unfounded complaints as to food, 159, 176. of sickness or death, 161, 169. rules of French law as to wages in cases of sickness, 162, note. if voyage not prosecuted, 165, note., powers of Naval Courts over, 163. allotment of, 165. stipulations as to, must be inserted in agreement, 165. what relations may sue on, 166. advance notes, 165, note. effect of injuries and death on right to wages, 146, 169. disabled seamen entitled to, 169. claim for, by representatives of deceased seaman, 169. rules of French law in these cases, 169, note. payment of, on termination of service by wreck, or if seaman is left abroad, payment of, in cases of embargo and capture, 170. seaman not entitled to, when sent to England as a witness, 170. claims for additional remuneration, 171. when original contract is at an end, 171. effect of entering into navy on, 174. payment of wages on, 175. hiring of substitutes on, 175. right to, in cases of impressment, 176. of other misconduct, 176, 177. set-off against, 177, note. wages and effects of seamen dying on voyage, 182. dying abroad not on board ship, 182. extended by M. S. Act Amendment Act, 1862, to seamen belonging to British ship within six months before death, 183. duty of master in such cases, 182. of seamen dying at home, 184. how distributed when under 50%., 184. when over, 184. when claim is under a will, 184. by creditors of seamen, 185. when no claim for six years, 185. fraudulent claims, 186. recovery of wages, 186. conflict between Courts of Law and of Admiralty, 186. statutory provisions as to, 187. summary remedy when not exceeding 50l., 187. former limitation of jurisdiction of Courts of Law and Admiralty, 188. jurisdiction under Admiralty Court Act, 1861..188. effect of bankruptcy or insolvency of owner, 188. when suits may be brought abroad, 189. levying of wages by distress and sale of ship, 189. suits by foreign seamen, 189, 190. who may sue for, in Admiralty Courts, 189, note. WAGES OF CREW-(continued). effect of illegality of voyage, 190. personal liability of master for wages, 191. lien for wages, 191. to what it extends, 191. statutes of limitation, 191. Merchant Seamen's Fund, 192. Seamen's Hospital Society, 193. general average contribution for seamen's wages, 325. rule does not extend to master, 92, 351. WAGES OF MASTER, how forfeited, 88. remedy for, 89. lien for, 91. insurance of, 92, 351. WAR (see Capture, Embargo). effect of, on contract on charter-party, 244, 248. WAREHOUSE, effect of delivery at, used by vendee, on right to stop goods, 311, 312. when goods sold in, may be stopped, 314. right of shipowner to warehouse goods under M. S. Act Amendment Act, power of warehouse owner to sell goods, 303. how money to be applied, 303. warehouse owner entitled to rent, 304. not bound to see to the validity of any lien claimed, 304. WAREHOUSING ACTS, reservation of shipowner's lien for freight under former, 299. WARRANTIES ON INSURANCE (see Convoy, Neutrality, Seaworthiness). express or implied, 377. strict performance of, condition precedent, 378. not excused by events over which assured has no control, 378. how they differ from representations, 378. what amounts to an express warranty, 378. express warranty of safety on a given day, 379. to sail on a given day, 379. must be on her voyage on that day, 379. warranty not complied with if only prevented by stress of weather, 379. sailing must be at actual commencement of voyage, 379, 380. nor if she has not on board all her ballast, 379. nor her full crew, 379. or if captain has gone ashore to complete ship's papers, 379. or if she was prevented leaving port by an embargo, 380. if she has absolutely sailed, a subsequent detention as by embargo to depart on a given day, 381. to sail with convoy, 381. breach of, 382. sailing orders, 382. other cases, 236, 241. of neutrality, 383. what is, 383. breach of, 383, 384. by violation of blockade, 384. by resisting right of search, 384. not having ship's papers and flag, 384. evidence of breach of, 384. condemnation of ship as prize, 384. WARRANTIES ON INSURANCE-(continued). evidence of breach of-(continued). effect of judgment of foreign Court, 385. when conclusive and when not, 385. of freedom from seizure in port of discharge or capture, 385. against capture and seizure, and the consequences of any attempt thereof, 386. though insurance on salvage, 387. assured's ignorance of defect immaterial, 387. so cause of loss immaterial, 387. meaning of seaworthiness, 388. varies with nature of navigation, 388, 399. how warranty complied with, 388. condition of ship and tackle, 388. is relative to character of vessel and nature of voyage, 389. pilot when necessary, 391. on voyage policy confined to commencement of risk, 390. no warranty of seaworthiness on time policy, 387, 391, 392. WARRANTY, on sale of ship, 32. of tonnage of ship, 234. to sail on particular day, 513. WATER, supply of, in passenger ships, 531. must be stowed in proper casks, 531. quantity that must be carried when ship is to stop on voyage, 532. when distilling apparatus carried, 532. approval of, by emigration officers, 532. WATER-CLOSETS, regulations as to, in passenger ships, 531, note. WEARING APPAREL of passengers and crew does not contribute to general average, 327. WEIGHTS AND MEASURES, 161. WHALE FISHERY (see Southern Whale Fishery). loss by, not a peril of the sea, 261. underwriter not generally liable for damage done by, 364. WRECK (see Salvage, Shipwreck). power of harbour masters to remove wreck or obstructions in harbours, 474. wrecks and casualties under M. S. Act, 1854, and M. S. Act Amendment persons to inquire into, 505. Naval Courts at foreign stations, 163, 506. when formal investigation requisite, 505. costs of inquiry, 506. appointment and duty of receivers, 490. to use lands, 506. persons finding wreck, 506. if owners, must give notice, 507. WRECK-(continued). Board of Trade has general superintendence over, 506. unclaimed wreck in the United Kingdom, 507. disputes with respect to, how determined, 507. delivery of wreck by receivers, 507. does not affect any question of right or title, 507. in case of foreign ships, 507. Customs duties on wrecks, 508. offences in respect of, 508, 509. carrying away, hindering the saving and secreting, 508, 509. compensation from hundred, 508. timber drifted from its mooring and floating at sea not wreck, 508. dealers in marine stores and manufacturers of anchors, 508. wreck within Cinque Ports, 510. forwarding passengers in case of wreck, 539 (see Passengers). YACHT, provisions of M. S. Acts for preventing misconduct and enforcing discipline provisions as to lists of crew, 139. APPDX. 4 B |