The Men on Deck: Master, Mates and Crew, Their Duties and ResponsibilitiesRiesenberg, Felix
History
The Men on Deck: Master, Mates and Crew, Their Duties and Responsibilities
Riesenberg, Felix
Merchant marine -- United States; Navigation; Sailors
No owner of any vessel shall be liable to answer for or make good to any
person any loss or damage which may happen to any merchandise
whatsoever, which shall be shipped, taken in, or put on board any such
vessel, by reason or by means of any fire happening to or on board the
vessel, unless such fire is caused by the design or neglect of such
owner. (R. S., 4282.)
The liability of the owner of any vessel, for any embezzlement, loss, or
destruction, by any person, of any property, goods, or merchandise,
shipped or put on board of such vessel, or for any loss, damage, or
injury by collision, or for any act, matter, or thing, lost, damage, or
forfeiture, done, occasioned, or incurred, without the privity or
knowledge of such owner or owners, shall in no case exceed the amount or
value of the interest of such owner in such vessel, and her freight then
pending. (R. S., 4283.)
Whenever any such embezzlement, loss, or destruction is suffered by
several freighters or owners of goods, wares, merchandise, or any
property whatever, on the same voyage, and the whole value of the
vessel, and her freight for the voyage, is not sufficient to make
compensation to each of them, they shall receive compensation from the
owner of the vessel, in proportion to their respective losses; and for
that purpose the freighters and owners of the property, and the owner of
the vessel, or any of them, may take the appropriate proceedings in any
court, for the purpose of apportioning the sum for which the owner of
the vessel may be liable among the parties entitled thereto. (R. S.,
4284.)
It shall be deemed a sufficient compliance on the part of such owner
with the requirements of this Title [R. S., 4131-4305] relating to his
liability for any embezzlement, loss, or destruction of any property,
goods, or merchandise, if he shall transfer his interest in such vessel
and freight, for the benefit of such claimants, to a trustee, to be
appointed by any court of competent jurisdiction, to act as such trustee
for the person who may prove to be legally entitled thereto; from and
after which transfer all claims and proceedings against the owner shall
cease. (R. S., 4285.)
The charterer of any vessel, in case he shall man, victual, and navigate
such vessel at his own expense, or by his own procurement, shall be
deemed the owner of such vessel within the meaning of the provisions of
this Title [R. S., 4131-4305] relating to the limitation of the
liability of the owners of vessels; and such vessel, when so chartered,
shall be liable in the same manner as if navigated by the owner thereof.
(R. S., 4286.)
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