The Men on Deck: Master, Mates and Crew, Their Duties and Responsibilities — John Shaqi
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
Nothing in the five preceding sections shall be construed to take away
or affect the remedy to which any party may be entitled, against the
master, officers, or seamen, for or on account of any embezzlement,
injury, loss, or destruction of merchandise, or property, put on board
any vessel, or on account of any negligence, fraud, or other
malversation of such master, officers, or seamen, respectively, nor to
lessen or take away any responsibility to which any master or seaman of
any vessel may by law be liable, notwithstanding such master or seaman
may be an owner or part owner of the vessel. (R. S., 4287.)
Any person shipping oil of vitrol, unslaked lime, inflammable matches,
or gunpowder, in a vessel taking cargo for divers persons on freight,
without delivering, at the time of shipment, a note in writing,
expressing the nature and character of such merchandise, to the master,
mate, officer, or person in charge of the lading of the vessel, shall be
liable to the United States in a penalty of one thousand dollars. (R.
S., 4288; June, 19, 1886; sec. 4.)
The individual liability of a shipowner shall be limited to the
proportion of any or all debts and liabilities that his individual share
of the vessel bears to the whole; and the aggregate liabilities of all
the owners of a vessel on account of the same shall not exceed the value
of such vessel and freight pending: _Provided_, That this provision
shall not affect the liability of any owner incurred previous to the
passage of this act, nor prevent any claimant from joining all the
owners in one action; nor shall the same apply to wages due to persons
employed by said shipowners. (June 26, 1884; sec. 18.)
The provisions of the seven preceding sections, and of section eighteen
of an act entitled "An act to remove certain burdens on the American
merchant marine and encourage the American foreign carrying-trade, and
for other purposes," approved June twenty-sixth, eighteen hundred and
eighty-four, relating to the limitations of the liability of the owners
of vessels, shall apply to all seagoing vessels, and also to all vessels
used on lakes or rivers or in inland navigation, including canal-boats,
barges, and lighters. (R. S., 4289; June 19, 1886; sec. 4.)
Act of February 13, 1893 (Harter Act).
It shall not be lawful for the manager, agent, master or owner of any
vessel transporting merchandise or property from or between ports of the
United States and foreign ports to insert in any bill of lading or
shipping document any clause, covenant, or agreement whereby it, he, or
they shall be relieved from liability for loss or damage arising from
negligence, fault, or failure in proper loading, stowage, custody, care,
or proper delivery of any and all lawful merchandise or property
committed to its or their charge. Any and all words or clauses of such
import inserted in bills of lading or shipping receipts shall be null
and void and of no effect. (Sec. 1.)
Public-domain text, read in full here on John Shaqi.
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