Index. HYPOTHECATION-continued. though freight not mentioned and cargo bound, no resort to cargo until where several bonds, some binding ship and freight, others ship, freight earned from sub-shippers, liable in payment of bond as against monition from Admiralty to bring on freight good plea to action for form of-ship and cargo, cexcii. I. & J. INDIA, natives of, regulations of 18 & 19 Vict. c. 91, respecting them, excvii. until proclamation by governor-general, all vessels entitled to privileges act to have same force as 55 Geo. 3, c. 116, ccxlvi governor-general to declare what ships shall be considered British, ccxlvi. legal validity given to acts of governors of presidencies for regulating provisions of Registry Act respecting wilful detention of certificate to matters directed to be performed before governors of any particular proceedings touching force and effect of registers granted to vessels JEWELS contribute to general average, 384. JOINT CAPTURE, right to participate in salvage in cases of, 515. of bill of lading, 233-48, 250. INSURANCE of a ship by one part-owner for others, 73. INTERPLEADER, bill of, 414. IRELAND, effect of the Act of Union in the case of an English ship JURISDICTION in cases of offences on board ship, provisions of 18 & 19 JUSTICES OF THE PEACE.-See Salvage General-Salvage in the their authority to commit seamen in certain cases, 132-33. K. KEDGE ANCHORS, to be marked by manufacturers, cxxxiii. L. LADING.-See Bill of Lading. LASCARS, regulations of 18 & 19 Vict. c. 91, respecting employment of, LEAVING SEAMEN ABROAD, ix. LEGAL RIGHTS TO WAGES, viii. LEGAL PROCEDURE, under 17 & 18 Vict. c. 104, xv. LEAK IN SHIPS, 278. LICENCE.-See Pilots-Master-Seamen-Passage Broker. for voyage, covenant to obtain, 175. when not necessary for hiring seamen, lvii. LIABILITY of masters and owners, xv. limitation in cases of compulsory pilotage of, 158, exviii. mode of procedure to enforce, 302, cxliv. LIEN.-See Maritime. in the nature of privilege or preference, does not exist for repairs, &c., of otherwise by the civil law, &c., 105, 111, 542. practice of paying material men out of proceeds in the Court of condemned, notis, 111. properly so called, exists for repairs at home, 106. may be created by master for repairs abroad, 112. on ships for seamen's wages, 486, 533. on goods for freight, 204-19, 282, 314. for breaches of covenant, 205. for salvage, 490. by a respondentia bond, 114. by master and owners for carriage of, 204, of one part-owner on the share of another, 74—5 Contents of Chap. 3, Part 6. (Ss.) 1. Of the definition and nature of, 531. 2. Their ranking and priority, inter se, 532. 3. Of marshalling assets for their protection, 532. 4 Of their duration and extinguishment, 538. 5. Of procedure in Admiralty to enforce them, 540.. 6. Of the jurisdiction exercised in Admiralty under 3 & 4 Vict. c. 65, 543. 7. Concordance of the law administered in Admiralty with mari what it is, 532. enforced in Admiralty, ex contractu or quasi ex contractu, wages, order of precedence of last, first, 532. except as to time, co-ordinate, 532. lien of damage, 533. has precedence of anterior liens, ex contractu, 533. reasons for this, 533. extent of, in case of subsequent bottomry for repairs, 584. in competition with lien for salvage, 535. principle on which salvage remuneration estimated, 535. in cases of bankruptcy and insolvency, 536. in case of competing suits Court will marshal the assets, 536. between the owners of two or more res against a creditor, 536. purchaser takes his bargain subject to it, 538. extinguished by bail in Admiralty to enforce it, 538. want of diligence may give priority to prior petens, 538. not tranferable, except in favour of mariners' wages, 538. common law liens superseded by, 539. possession of res must be relinquished by petens before claim arrest of res by marshal, or commissioners of the Admiralty, 539. LIENS MARITIME-continued. ship, tackle and apparel, may be sold on decree made, 539. superseded common law liens to be first satisfied out of proceeds, 539. a proceeding in rem, but converted, when bail given, to a proceeding in security thus substituted enforced by attachment, 539. suitor cannot refuse to accept bail duly justified, 539. when conclusive of value, 540. pleadings in cases of, evidence in cases of, 540. in causes of collision, judge assisted by Trinity masters, 540. conflict for priority between, before decree, 541. after decree, purchaser takes res free from incumbrances, 541. questions upon form of bail bond, 541. jurisdiction of Court of Admiralty, to enforce demands against foreign no lien established by that act, 543. foreign laws respecting, 543. LIFE BUOYS, xii. LIGHT, supply of light and air in passenger ships, cviii. LIGHT DUES, regulations of 17 & 18 Vict. c. 104, respecting, xv. Admiralty rules as to carriage of, 526. penalty for disobedience, 527. neglect of rules, its effect when collision occurs, 527. false, prevention of, xii. LIGHTS, BUOYS, AND BEACONS, damage to, xvi. LIGHTERS, duty of master to watch goods in, on the river Thames, 284. contribution for goods lost in, 363. liability of owners thereof for damage to goods in, 256, 258. statutes limiting the responsibility of owners do not extend to, 301. LIGHTHOUSES, management of, xv. provisions relating to, xv. construction of, and dues for new lighthouses, xv. surrender of local lighthouses, xv. damage to lights, buoys, and beacons, xvi. prevention of false lights, xvi. colonial, cxciv. LIMITATION OF ACTIONS, for seamen's wages in the Court of Admiralty, 486. Courts of Common Law, 486. LIMITATION OF LIABILITY OF MASTERS AND OWNERS, XV. Contents of Chap. 7, Part 4. (Ss.) 1. Of foreign laws and ordinances on this subject, 296. 3. Provisions of the 26 Geo. 3, e. 86, 298. 4. Provisions of the 53 Geo. 3, c. 159, 299. 5. Cases upon these statutes, 300. 6. The provisions of the 17 & 18 Vict. c. 104, 301. 7. Mode of procedure under that act, 302. 8. Liability of master and seamen in those capacities, 303. value of ship and freight, at what time and how estimated, 300. in cases of loss of life or personal injury, 301. monies paid for, to be brought into account among part-owners, 303. jurisdiction of Court of Chancery, 284, 303. of shipowners and master, &c., 327. LOCAL MARINE BOARDS, vi. constitution of, xlix. voters for members of, qualifications of, xlix. revision of list, 1. registers to be produced, li. expenses of, to be paid by Board of Trade, li. error in elections of, not to vitiate acts done, li. if any, fails to discharge its duties, Board of Trade may assume duties Board of Trade, on complaint, may alter arrangements made by, lii. LOG-BOOK.-See Official. contents of official log, 133. penalty for not properly keeping, 134. entry in, of offences, 133. LORD OF MANOR, claim of, to wreck, cxxxii. receiver to give notice to, cxxxii. LOSS of certificate of registry, 53. declaration in respect of, 53. direction for registering ships de novo, after M. MAJORITY of part-owners, their authority, 68-74. MALTA, registry of ships there, 48. MANIFEST, contents of, 260. form of-See Appendix of Forms, cccxviii. MARINE STORES, xviii. regulations to be observed by dealers in, cxxxviii. manner of obtaining permit to cut up cables, cxxxviii. permit to be advertised before dealer acts thereon, cxxxviii. saved from wrecks, &c., when and how to be deposited and reported. dealers in, to have their names, &c., on warehouses, cxxxviii. not to cut up cordage, &c., without permit, &c., cxxxviii. penalties on, how recoverable, cxxxviii. MARITIME LIEN,-See Lien. MASTERS AND SEAMEN, iv. MASTER.-See Barratry-Ship's Papers-Hypothecation-Sale of Ship- Cargo-Collision. power and authority of, 85. Qualifications and Examination of, 85. examination of, as to skill, 85, liii. liable personally for damage through his negligence or unskilful examination of masters and mates of foreign-going or home-trade ships, local marine boards to appoint examiners of, 86, liii. on report of examiners, Board of Trade may grant certificate of com- MASTER-continued. if report unduly made, applicant may be remitted by Board of Trade certificates of service, to whom granted, 86, liv. foreign-going and home-trade passenger ships not to go to sea unless no ship of 100 tons to go to sea, unless one officer besides master has penalty for going to sea as master or mate without certificate, or em- certificates of competency for foreign-going ships of higher grade than certificates of competency and service to be made in duplicate, 87, lv. notice to registrar of orders for cancelling, suspending, or altering corresponding entry to be made by him in record of certificates, 87, lv. if lost without fault of master or mate, Board of Trade may order copy certificates of competency or service to be produced by master of foreign- and of this having been done, shipping master shall give the master a which, before going to sea, must be produced to collector of customs, without its production, no foreign-going ship to be cleared outwards, 87, provisions of the same kind in respect of home passenger ships, 88, lxi. forging, altering, or obtaining by misrepresentation such certificates, a provisions of repealed (navigation) acts respecting, 88, 89. Authority of, with regard to Ship's Employment, Contents of Chap. 2, Part 3. (Ss.) 1. Of the different kinds of contract under which merchant ships 2. Owners of ships bound by master's contracts relative to the 4. Cases upon the subject, 93. 4. Master's authority, when limited, 95. 5. Ground of liability of owners on contract of master, 95. of the contract by which an entire ship is chartered for the voyage or of the contract with different merchants for conveyance in a general confidential servant or agent of owners, 90. owners bound to performance of his lawful contracts relative to ship's but not part-owner dissenting from particular voyage, and taking course of ship's usual employment evidence of master's authority from contract made by him-made by them, 90. he also liable on it, 91. Roman law on this subject, 91. |