production of, to authorized persons, 143. on what ships kept, and form, contents of, 140, 141. entries in, respecting deceased seamen's wages, 141, 235. ship's papers delivered to new master, 144. result of survey of provisions and water, 203, 204. record of draught of water, 76, n. (k), 140. births, marriages and deaths, 141, 150, 151. tonnage of deck cargo spaces, 9. distance between deck and load lines, 14, 140. neglect to make prescribed entries in, 142. time of making entries, 142. admissibility of, in evidence, 142, n. (b), 630, 630, n. (e). delivery of, and transmission of, to superintendent, 142, n. (e), 151. boarding of foreign ships by unauthorized persons, 186, n. (z). certificates of competency (colonial), 114, 689, 690, n. (1). colonial passenger ship surveys, 708, n. (e). County Court Admiralty jurisdiction, 653, 653, n. (a). distress signals, 145, 641. dockyard ports, 608, 609, 609, n. (r). restrictions on foreign ships, 29, 29, n. (j). foreign deserters, 186, n. (z). foreign ships, 10, 10, n. (b), 186, 186, n. (z), 263, 585, 585, n. (i), 586, lighthouses, 130, n. (h), 684, 684, n. (o), 685, n. (p). Merchant Shipping Acts, application to foreign ships, 186, 583, n. (i). navigation rules. See COLLISION. non-exportation of munitions of war, 134, n. (a). passenger ships within Passenger Acts, 732, 732, n. (n). passenger steamships, colonial certificates for, 708, 708, n. (c). signals for pilots, 144. pilotage generally, 250, n. (q), 263. pilotage, Trinity House, 263, 274, n. (t), n. (x), 275, n. (y), 279, 279, n. (r), 280. ORDERS IN COUNCIL-continued. SUBJECT-MATTER OF―continued. quarantine, 149, 150. ransom, 66, n. (†), 160. registrars of shipping (colonial), 7. salvage (life) application to foreign ships, 644. sea fisheries, 4. tonnage measurement of foreign ships, 10, 10, n. (b). under Merchant Shipping Acts, 186, 585, n. (i), 586. Passenger Acts, 732, 733. ORDINANCES, COLONIAL. See COLONIAL LEGISLATURE. OTTOMAN DOMINIONS. See TURKEY. OVERCHARGES, provisions to prevent, as against seamen, 172. OVERLOADING. See UNSAFE SHIP. OWNERS OF CARGO. See CARGO-DAMAGE TO CARGO-FREIGHTER OWNERS OF SHIP. See CAPTURE-CERTIFICATE OF SALE-MORT- I. GENERALLY, appeal of, against pilotage bye-laws, 251, n. (z). who may be owners of British ships, 55. division of ownership of ship into shares, 17, 100. beneficially interested liable to penalties as legal owners, 64, n. (y). when entitled to wages earned by deserters, 182, 230. right of, to have freight applied to expenses of voyage, &c., 105. may require Board of Trade to register private night signal, 641. II. LIABILITIES OF BRITISH OWNERS AS REGARDS REGISTRY. where and how registry made, 6. what property registered owners may have in ship, 17. declarations by owners registered or desiring registration, 17, 44, 45, 46. how made, 18, 44. when body corporate is owner, 18, 44. other evidence required on, 19, 46. number of legal owners, 17, 100. legal owners by act of law must be registered, 45, 46. transmission must be authenticated by declaration, 46. what evidence must accompany declaration in case of bankruptcy, 46. of transmission on will or intestacy, 47. on transmission to unqualified person, Court may sell, 47. how such sale carried out, 47, 108. when application for, to be made, 47, 109. effect of application being not made or refused, 47, 109. who may be beneficially entitled as, 18, ǹ. (k), 55, 56. OWNERS OF SHIPS-continued. III. PROOF OF OWNERSHIP, by M. S. Act, 1854, register primâ facie proof, 72. what is usual proof of ownership, 42, n. (m), 71–73. under earlier statutes, 71, 72. under later statutes, 72, 73. proof of declaration of ownership, 72. IV. DUTY OF OWNERS. PASSENGER SHIPS. See CHARTER-PARTY-BILL OF LADING- to provide seaworthy and well-found ship, 73, 74, 74, n. (k), 311. misdemeanor where unsafe ship sent to sea, 74, 75, 75, n. (o). not to allow delay in starting, 310, 311. to give notice of change of destination of general ship, 76. placing ship in charge of pilot where required, 76. to provide ballast, 77. as to receipt of cargo, 76, 135, 318. care of cargo, 76, 321. V. LIABILITY OF, FOR DAMAGE, LOSS OF LIFE, OR INJURY, full compensation for all loss, 76, 77, n. (b). except loss caused by act of God and Queen's enemies, 77. of owner of sea-going ship under M. S. Act, 1854..79. Limit of liability of, for loss without their actual privity, 80, n. (m). where from robbery of bullion, &c., 80. to what ships protection extends or extended, 79, n. (j), 82. Measure of limit of liability, 81. open to registered and equitable owners, 80, n. (n). ship and freight, how valued, 81, 82, 82, n. (u). but liable for damage on distinct occasions, 82, 82, n. (z). power to insure against events in respect of which liability additional liability for interest, 82. effect of part owner being privy or in fault, 81, 81, n. (p), 155. liability of owners where loss of passengers' luggage, 695. Jurisdiction of Courts with respect to distribution of limited amount. proceedings before sheriff where death or injury, 83, 83, n. (h). in Admiralty Division, 84, 85. in Queen's Bench Division and Chancery Division, 84. VI. LIABILITY OF, AS DEFENDANTS IN ACTIONS IN REM, 85. VII. LIABILITY OF, FOR CONTRACTS AND TORTS OF MASTER. See MASTER. if owner becomes such after ship sailed, 156. when for torts of master, 154, 158. OWNERS OF SHIPS-continued. VIII. LIABILITY OF, FOR NEGLIGENCE OF PILOT, 83. where pilot voluntarily employed, 281. exemption from, where pilot compulsorily employed, 281, 282, 285, 286. and compulsorily employed, 283. where pilotage compulsory in Thames, 283, n. (g). evidence to establish defence that shipowner not liable, 284. in cases where damage to certain piers, harbours or docks, 287. legal ownership does not create liability, 87, 87, n. (1), 94. Registry Acts have made no difference, 87. question depends on whose credit work was done, 87, 87, n. (1), 88. liability of beneficial owners, 89. of mortgagees, 93, 94. of owners pro hac vice, 94, 95. recent decisions, 89-93. Extent of liability, 95. Proceedings to enforce liability, 96, 97-99. X. LIABILITY OF, IN OTHER MATTERS, under Foreign Enlistment Act, 68-70. for torts of crew within the scope of their duties, 17. for acts of crew causing injury to pilot, 77, n. (b), 269. none for wrongful act of servant of stevedore, 77, n. (a). whether liable to seamen for injury by master, 77, n. (b), 208, n. (i). on bills of exchange drawn by master, 213. where seamen ill or injured, 208, 209. on allotment notes, 218. on hypothecation. See HYPOTHECATION. on sale by master, 158. See SALE. persons beneficially interested liable as legal owners, 64, n. (g). ultimate liability of owners under Passenger Acts, 716, 718, n. (p). BILL OF LADING. See CHARTER-PARTY- XI. LIABILITY INTER SESE, 100-108. See MANAGING OWNER-PART PACIFIC ISLANDERS, provisions against leaving destitute, 216. PAPERS. See SHIP'S PAPERS. PARISH APPRENTICES. See APPRENTICES. PARLIAMENT. See Index, Vol. II. PAROCHIAL AUTHORITIES, relief by, of seamen when recoverable from owner, PAROL EVIDENCE. See USAGE. explain or alter charter-party, 294, 322, 322, n. (q). PART-OWNERS OF SHIP. See NECESSARIES-OWNERS, and next I. IN GENERAL, Rights and remedies of, inter sese, 101-108. are not necessarily partners, 100. usually tenants in common, 100, 101. may be actually partners, 101. no jus accrescendi between them, 101. right of, to part with interest, 105. actions by survivors in case of injury to ship, 101. when trover lies by one of them against the other, 102. sale by one not generally a conversion, 102. rights of, in earnings of ship, 101. equitable rule where dissent by, from employment of ship, 102. Right to adjustment of ownership accounts, 103, 104. by suit in Chancery Division, 104. where covenants entered into, 104, n. (u). to compel contribution to expenses, 104, 104, n. (u). settlement of co-ownership accounts, where master part-owner, 123. whether part-owner acting as managing owner has right to com- effect on rights inter sese when managing owner appointed, 106, 107. Jurisdiction of Admiralty as to employment of ship, 102, 103, 108. in actions of possession against ships, 103, 103, n. (x), 104, n. (y). practice as to bail for safe return, 103, 103, n. (8). plaintiff in action of restraint not entitled to profits, 103. Jurisdiction of Admiralty where British registered ship proceeded Jurisdiction of High Court to restrain sailing of ships, 103, n. (x), 108. II. POWER TO BIND EACH OTHER, cannot ordinarily bind each other as partners, 106. or in respect of insurances, 106. material question whether agency exists in fact, 105. effect where ship's husband or managing owner appointed, 106, 107. where one part-owner is managing owner. See MANAGING OWNER. M.P. 3 н |