DECEASED SEAMEN'S PROPERTY-continued.

offences as to, and disposal of unclaimed proceeds of, 239, 239, n. (z).
forms of particulars of, in account of crew, 150-172.

entries respecting, in official log, 141.

no clearance inward unless master duly accounts for, 235, 236.

DECEASED SEAMEN'S WAGES. See WAGES.

DECK AND LOAD LINES,

duty of master and owner, and penalties as to, 13—16, 197.
on what ships required, 13-15.

form of entry in official log, and statement as to, 15, 140.
entry of load line in agreement with crew, 14, 197.
refusal of entry where statement not delivered, 14, 131.

DECK CARGO,

liability of, to dues. See next Title.

general average in respect of, when claimable, 433.

when underwriters not liable for general average in respect of, 488.
when prohibited in emigrant passenger ships, 37, 38, 724.

of timber, carriage of, when prohibited generally, 37-39.

effect on rights of assured of carrying, prohibited, 433, n. (c).

liability of, to light dues, 130, n. (h).

statement of, in official log, and memorandum of, 9.

refusal of clearance, &c. if memorandum not produced, 9.
proviso as to, in colonial waters, 9.

forms relating to, 9, n. (v).

DECK SHELTER SPACES,

when not calculated in register tonnage, 8.

provision for, in home trade passenger steamships, 701.

particulars of sufficiency of, in surveyors' declarations, 705.

DECKS,

construction of, and space between, in emigrant passenger ships, 720.
on what, passengers carried in ships carrying passengers, 703.

DECLARATION OF OWNERSHIP. See REGISTRY OF BRITISH SHIPS.

DECLARATIONS, PASSENGER. See PASSENGER STEAMSHIP.

DEED,

construction of charter, when by, 293, 336.

remedies, when contract of affreightment by, 336, 337.
when policy of insurance by, 551.

on bottomry contract by, 574.

DEED-POLL, who may sue on policy by, 551, 551, n. (7).

DELAY,

in commencement of voyage, effect of, on liability of charterer, 128,
310, 312, 324, 378.

in proceeding with voyage, 138, 312.

when it avoids insurance, 474.

when it does not, 474, 475.

DELIVERY OF CARGO,

duty of master as to, 153, 154, 359, 363.

effect on liability of master of mistake in, 154.

rights as to, when two sets of bills of lading presented, 154, 359.
special circumstances may excuse, at usual landing place, 363.

to vendee puts an end to right to stop goods in transitu, 418.
effect of countermand of, on right to stop, 422.

part delivery, effect of on right to stop, 423.

DELIVERY ORDER,

effect of transfer of, on right to stop goods in transitu, 420, 422, n. (~).
effect of, generally, 420, n. (7).

DEMISE. See LEASE-LESSEE.

use of words of, in charter-parties, 289, n. (a), 391, 392.

DEMURRAGE,

what it is, 404.

construction of contract for payment of, 405 et seq.

unliquidated damages due for detention beyond demurrage days, 405.
GENERAL RULES AS TO ITS PAYMENT, 405.

when it ceases, 409.

not payable for detention on account of harbour dues, 409.

delays caused by superincumbent goods, 410.

by crowded docks, 410.

by difficulties not under freighter's control, 410.

by improper interruption by shipowner, 410.

by Custom House restraints, 410.

mode of computing days, 411.

commencement of days, 405.

Sundays generally included, 411.

when fraction of day counts as a day, 411.

when right to payment of, ceases generally, 296, 409.

REMEDIES FOR RECOVERY OF,

effect of cesser clause on such remedies, 412.

parties liable to pay it, 411.

consignee, 411.

indorsee of bill of lading, 411.

parties to sue for it, 412.

master cannot usually sue for in his own name, 413.

no lien for, without express contract, 389.

County Court admiralty jurisdiction as to, 413.

DENIZENS qualified to own British ships, 5.

DENMARK,

Order in Council as to tonnage of ships of, 10, n. (b).

disposal of property of seamen dying on ships of, 236, n. (x).

DEPOSITIONS,

I. TAKEN ABROAD,

admissible in United Kingdom, if witness absent abroad, 193, n. (t).
in what cases admissible in British possessions, 193, n. (t).

requirements as to, where charge criminal, 193, n. (†).

II. BEFORE RECEIVER OF WRECK, 676, n. (ƒ).

included in term "wreck" under M. S. Acts, 643, n. (j), 675, n. (d).
amount of salvage awarded in cases of, 660, 661.

DESERTION,

what included in, 179, 180.

under 7 & 8 Vict. c. 112...179.

under M. S. Act, 1854...179.

effect of receiving mariner back, 180.
when excusable, 180.

when purged, 180.

prevention of, abroad, 186, n. (z).

of foreign seamen, 184, n. (r), 186, n. (z).

certificate on, of seaman or apprentice abroad, 185, 185, n. (t).
forfeiture of wages and effects for, 226.

penalties on inciting to or harbouring seamen guilty of, 185, 186.
defence on charge of, that ship unsafe, 187.

that ship dangerously short-handed, 195, n. (b).
that master guilty of unreasonable severity, 180.
costs occasioned by, when deducted from wages, 185.
to enter navy not punishable, 180.

conveyance on board ships of seamen, &c. guilty of, 184.
proviso where notice to leave duly given, 184, 185.

illness how far an excuse for, 178, n. (o).

punishments for, 179, 181.

power to rescind contract of service on, 185.

DESTINATION OF SHIP, owners when bound to give notice of change
of, 76.

DETAINING OFFICERS,

appointment and powers of, 32, 32, n. (p), 33, 36.
penalty on taking to sea, 33.

DETENTION,

of seamen's property, how far allowed, 172, 173.

of ships. See CLEARANCE-CUSTOMS-UNSAFE SHIPS.
general provisions for enforcing under M. S. Acts, 33.

undue, of certificate of registry, 23.

damages in respect of, in collision cases, 634.

during voyage, effect of, on freight, 363, 378.

under time-charter, 378.

DEVIATION. See INSURANCE.

duty of master to prosecute voyage without unnecessary, 138, 312.
for salving life justifiable, 138, n.

(g), 477.

in order to salve property not, 138, n. (g), 477, n. (a).

liability for undue, under charter, 138, 312.

effect of, on contract of bottomry, 571.

what amounts to, in questions of insurance, 475.

when insurance avoided by, 138, 476.

when excused, 476.

effect of usage as to, 478.

intention to deviate, 476, 479.

loss before deviation, 479.

reservations as to, in policy, construed strictly, 478.

instances of, 478, 479.

effect of, on contract of bottomry, 571, 572.

in enhancing salvage awards, 659, 660, 660, n. (g).

DIETARY SCALE,

on board emigrant passenger ships, 733–735.

substitutions allowed in, 735.

variation of, by Board of Trade by notice, 735, n. (v).

power of Board of Trade to modify provisions of Passenger Acts as to,

722.

DIFFERENTIAL DUES, 29, n. (i). See SHIPping Dues.
DISBURSEMENTS,

what included in, 124, 157.

actions of, 124, 125.

jurisdiction of Admiralty Division in cases of, 124, 125, 240.
duty of master to furnish accounts before suing for, 124.

practice where claims made in respect of unclaimed liabilities, 124.
maritime lien for, 86, 125, 125, n. (s), 126.

equitable lien for, 126.

may be insured, 465.

DISCHARGE OF CARGO. See CARGO-DELIVERY.

DISCHARGE OF REGISTERED MORTGAGE, 57.

DISCHARGE OF SEAMEN.

I. IN GENERAL,

to what ships provisions as to, apply, 176, n. (e).

mercantile marine superintendent to facilitate and superintend, 176.
fees on, 176, 176, n. (g).

discharge of seamen of ship having running agreement, 200.
production of shipping documents on, 231.

if at beginning of voyage compensation payable, 210, 217.

in what cases before mercantile marine superintendent, 231, 232.
unless Board of Trade otherwise orders, 176, 177.

settlement of wages on.

See WAGES.

execution of release on, and effect of, 232.

forms of, 232, n. (i).

certificate of discharge on, obligatory, 211, 232.

See Index, Vol. II.

in what cases report of character granted on, 232.
indorsement of discharge with report of character, 232.
such certificate evidence of rating of seamen.
forms of such certificate, 232, 232, n. (k).
fabrication of such certificate a misdemeanor, 233.
power to take evidence and settle disputes on, 233.
entry of, in official log, 141.

where seamen in emigrant passenger ship, 727.
II. OUT OF UNITED KINGDOM, 210, 212.

211, 212, 233.

certificate of discharge on, obligatory, 211–213.
return of certificates of competency to officers on, 211.
requirements on, before consul or other functionary,
how expenses of sending seamen home on, met, 211.
provisions as to, on change of ownership of ship abroad, 210, 233.
seamen sent home on, subject to discipline, 186.
by order of Naval Court, 191, 210.

foreign law as to, 212, n. (q).

duties of superintendent if seamen discharged abroad, 211-213.
burden of proof on owner that seamen rightly discharged, 212, n. (q).
master wrongfully discharging seamen abroad, how punished, 211.
DISCHARGE, PORT OF, duty of master to proceed without delay to,
138, 148.

DISCIPLINE. See DESERTION.

OFFENCES AGAINST.

by seamen or apprentices, how punishable, 181-187, 228, n. (t).
common law punishment for, 126, 187.

amounting to a misdemeanor. See MISDEMEANOR.

by masters and officers, 181. See BOARD OF TRADE INQUIRY.
forfeiture of wages by reason of, 229.

procedure on trial of. See PROCEDURE.

DISCIPLINE-continued.

OFFENCES AGAINST-continued.

entries respecting, in official log, 140, 183.
to what ships provisions as to, apply, 186.
regulations as to, incorporated in agreement, 196, 199.
in what cases and on whom binding, 186.
tables of such regulations, 181.

fines for, deducted from wages, and how applied, 230.

DISCOUNT, 296, 388.

DISEASES, provisions as to infectious, 149, 150. See QUARANTINE.

DISINFECTANTS, on passenger ships within Passenger Acts, 729.

DISMISSAL, WRONGFUL, damages for, in admiralty action of wages,

241.

DISOBEDIENCE,

forfeiture of wages by, 229.

summary punishment of, by master, 126, 187.

statutory punishment of, 181, 182.

not justified by intemperate exercise of authority, 178.
or order for work beyond scope of duty, 178.

DISSOLUTION,

of contract of charter-party by acts of parties or of law, 322-333.
by delay, 311, 323, 332.

by contract becoming unlawful, 324.

by war, interdiction of commerce, &c., 324-333.

by embargo, 324, 325.

by blockade, 331, 332.

whether by risk of capture, 332.

by infectious disease, 323.

whether by want of water at place of loading, 317.

whether by frost, 317, 357.

of written contract under Statute of Frauds, 322, 322, n. (g).
DISTILLING APPARATUS, in emigrant passenger ships, 727, 732.
DISTRESS,

for non-payment of light dues, 685, n. (3).

of port or harbour dues, 134, 134, (e).

for wages and penalties under M. S. Acts, 244.
for expenses of removing wrecked vessels, 681.

under Dockyard Ports Regulation Act, 1865. .681.

DISTRESS SIGNALS,

day and night appointed, and penalties for misuse of, 144, 641.
provision for registering night signals similar to, 145, 641.

list of such signals, 641, n. (a).

on emigrant passenger ships, 724.

required in passenger steamships, 702, 724.

DISTRESSED SEAMEN,

I. ABROAD,

relief to, passage home and subsistence of, 213–215.

expenses of, provided by parliament, 214.

but recoverable from British owner if discharge of, abroad wrongful,
215.

such expenses charge on British ship, 215.

on foreign ship in certain cases, 215.

when such expenses deducted from seamen's wages, 233.

payment to master conveying home, 214.

penalty on master refusing to duly convey home, 214.