PART III.

LAWS RELATING TO THE PRACTICAL DUTIES OF MASTER AND MARINERS.

CHAPTER I.

THE VESSEL.

t.i.tle. Bill of sale. Registry. Enrolment. License. Doc.u.ments.

Certificate. Pa.s.sport. Sea-letter. List of crew. Bill of health.

General clearance. Clearing manifest. Invoice. Bill of lading.

Charter-party. Log-book. Manifest. List of pa.s.sengers and crew.

Remaining sea-stores. Medicine-chest. Provisions.

t.i.tLE.--The bill of sale is the proper evidence of t.i.tle to all vessels. It is the instrument of transfer which is used in all maritime countries, which courts of law look to for proof of t.i.tle, and which is in most cases absolutely required.[6]

[6] 5 Rob. Ad. 155. 1 Mason, 139; 2 do. 435; 4 do. 390. 16 Ma.s.s. 336. 7 Johns. 308. But see 8 Pick. 89. 16 Ma.s.s. 663.

Possession of the vessel should also accompany the bill of sale, whenever it is practicable. If the bill of sale is transferred while the vessel is at sea, possession should be taken immediately upon her arrival in port. The fact of the bill of sale being with one person and the actual possession of the vessel with another, after there has been an opportunity to transfer it, will raise a presumption of fraud, and make the parties liable to losses and difficulties in dealing with creditors, and such as purchase in good faith.[7]

[7] 4 Ma.s.s. 663. 4 Mason, 183. 9 Pick. 4. 6 Ma.s.s. 422; 15 do.

477; 18 do. 389.

REGISTRY, ENROLMENT, AND LICENSE.--The laws of the United States have given many privileges to vessels built, owned and commanded by our own citizens. Such vessels are ent.i.tled to be registered, enrolled or licensed, according to circ.u.mstances, and are thereupon considered "vessels of the United States, ent.i.tled to the benefits and privileges appertaining to such ships." The only vessels ent.i.tled to a register are those built in the United States and owned wholly by citizens thereof; vessels captured in war by our citizens, and condemned as prizes; and vessels adjudged to be forfeited for breach of the laws of the United States, being wholly owned by such citizens. No owner is compelled to register his vessel, but unless registered (with the exception of those enrolled and licensed in the coasting and fishing trades) she is not ent.i.tled to the privileges and benefits of a "vessel of the United States," although she be built, owned and commanded by citizens thereof.[8]

[8] Act 1792, ch. 45, --1.

Vessels employed wholly in the whale-fishery, owned by an incorporated company, may be registered, so long as they shall be wholly employed therein.[9] If not so owned and registered, they must be enrolled and licensed.[10]

[9] Act 1831, ch. 350, --1.

[10] 3 Sumner, 342. 2 Law Rep. 146 contra.

The name of every registered vessel, and the port to which she belongs, must be painted on her stern, on a black ground, in white letters, of not less than three inches in length. And if any registered vessel is found without her name and the name of her port so painted, the owners thereof forfeit fifty dollars.[11]

[11] Act 1792, ch. 45, --3.

In order to the obtaining of a register, oath must be made that the master is a citizen of the United States.[12] If the master of a registered vessel is changed, or if the vessel's name is altered, such fact must be endorsed upon the register at the custom-house, otherwise she will cease to be considered a vessel of the United States.[13]

[12] Do. --4, --12.

[13] Act 1792, ch. 45, --23.

If any certificate of registry is fraudulently or knowingly used for any ship or vessel not at the time ent.i.tled to it, such ship or vessel, with her tackle, apparel and furniture, shall be forfeited to the United States.[14] If an enrolled or licensed vessel is about to proceed on a foreign voyage, she must surrender her enrolment and license, and take out a register, or she, together with her cargo, will be liable to forfeiture.[15] In case of the loss of a register, the master may make oath to the fact, and obtain a new one.

[14] Do. --27.

[15] Act 1793, ch. 52, --8.

All vessels engaged in the coasting and fishing trades, above twenty tons' burden, in order to be ent.i.tled to the privileges of vessels of the United States in those trades, must be enrolled and licensed; and if less than twenty tons, must be licensed.[16] The same qualifications and requisites in all respects are demanded in order to the enrolling and licensing of a vessel, which are required for registering.[17] The name must be painted on the stern in the same manner, under penalty of $20.[18]

[16] Do. --1.

[17] Do. --2.

[18] Do. --11.

If any vessel licensed for the fisheries engages in any other business not expressly allowed by the license, she is forfeited.[19] Vessels, however, licensed for the mackerel trade are not forfeited in consequence of having been engaged in catching cod, or other fish; but they are not ent.i.tled to the bounty allowed to vessels in the cod fisheries.[20] The officers and at least three fourths of the crew of every fishing vessel must be American citizens, or they can recover none of the bounties.[21]

[19] Act 1793, ch. 52, --32.

[20] Acts 1828, ch. 119, --1, and 1836, ch. 55, --1.

[21] Act 1817, ch. 204, --3.

DOc.u.mENTS.--Every registered vessel should have a _certificate of registry_.[22] This is an abstract of the record of registry, showing the names and residences of the owners, the place where the vessel was built, with a particular description of the vessel. This doc.u.ment shows the national character of the vessel, and is important to prove neutrality in time of war between other powers. For the same reasons, an enrolled vessel should have a _certificate of enrolment_.[23]

Vessels bound to Europe should have _pa.s.sports_. A pa.s.sport is a permission from the government for the vessel to go upon her voyage, and contains a description of the vessel, crew, &c., and the name of the master. Vessels bound round Cape Horn or the Cape of Good Hope should have _sea-letters_. These contain a description of the cargo, &c., and are written in four languages--English, French, Dutch and Spanish. The two latter doc.u.ments are rendered necessary or expedient by reason of treaties with foreign powers. Every vessel should have a _list of crew_. This specifies the name, age, place of birth and residence, &c., of each one of the ship's company; and is, of course, very useful when sailing among belligerents. The other doc.u.ments are the _bill of health_, _general clearance_, _clearing manifest_, _invoice_ and _bill of lading_ for the cargo, _charter-party_, if one has been given, and the _log-book_. On entering at the custom-house, the papers required in addition to these are the _manifest_, _list of pa.s.sengers_ and _crew_, and of _remaining sea-stores_.

[22] Act 1792, ch. 45.

[23] Act 1793, ch. 52.

MEDICINE-CHEST.--Every vessel belonging to citizens of the United States, of the burden of one hundred and fifty tons or upwards, navigated by ten or more persons in the whole, and bound on a foreign voyage, must be provided with a medicine-chest, put up by some apothecary of known reputation, and accompanied by directions for using the same. This chest must be examined and refitted by the same or some other apothecary at least once in a year.[24] The same rule applies to vessels of seventy-five tons and upwards, navigated by six persons in the whole, and bound to the West Indies.[25]

[24] Act 1790, ch. 56, --8.

[25] Act 1805, ch. 88, --1.

NATIONAL CHARACTER OF CREW.--In order to be placed upon the most favorable footing as to duties, bounties, &c., it is necessary that the master, officers, and two thirds of the rest of the crew of vessels in the foreign trade, and officers and three fourths of the crew of fishing and coasting vessels, should be citizens, or "persons not the subjects of any foreign prince or state."[26] Nevertheless, while foreigners are employed in our vessels, they are under the protection of our laws as "mariners and seamen of the United States."[27]

[26] Act 1817, ch. 204, --3, 5, 6.

[27] 3 Sumner, 115.

PROVISIONS.--Every vessel of the United States bound on a voyage across the Atlantic, shall, at the time of leaving the last port from which she sails, have on board, well secured under deck, at least sixty gallons of water, one hundred pounds of salted beef, and one hundred pounds of wholesome ship bread, for every person on board, (over and above any stores that the master or pa.s.sengers may have put on board;) and in like proportions for shorter or longer voyages. If any vessel is not so provided, and the crew are put upon short allowance of bread, flesh or water, they can recover an additional day's wages for every day they are so allowanced.[28]

[28] Act 1790, ch. 56, --9.

Pa.s.sENGERS.--The same provision, with the addition of one gallon of vinegar, must be made for every pa.s.senger; and if, in default of these, the pa.s.sengers are put on short allowance, each pa.s.senger can recover three dollars for every day he is so allowanced.[29]

[29] Act 1819, ch. 170, --3.

If any vessel takes on board a greater number of pa.s.sengers than two for every five tons, custom-house measurement, the master forfeits $150 for every such pa.s.senger; and if the number by which they exceed two for every five tons shall amount to twenty, the vessel becomes forfeited.[30]

[30] Do. --1, 2.