II. AMOUNT AND APPORTIONMENT. 26 (U.S.C.C.A.N.Y.) Where assistance abundant and available, awards for harbor salvage should be moderate.-The George W. Elzey, 618. SERVANTS. Failure of salvor to exercise ordinary care See Master and Servant. to protect property saved warrants diminution of award, for salvage is reward for successful well-doing.-Id. SET-OFF AND COUNTERCLAIM. See Trial, 330. 31 (U.S.C.C.A.N.Y.) Where tug towed burning vessel from terminal piers, on which munitions were stored for shipment, and vessel's salt cargo was lost in extinguishing fire, so See Equity, 430. SETTING ASIDE. SEVERANCE. that hull turned over to owners was not worth 38 (U.S.C.C.A.N.Y.) Special award to master of tug, which towed burning vessel from pier, where it was in danger of destruction by explosion of war munitions, held unauthorized. -The George W. Elzey, 618. SAND. See Sales, 435, 442. SCHEDULE. See Bankruptcy, 417. SEAMEN. 4 (U.S.C.C.A.N.Y.) Seamen's Act March 4, 1915, § 6, amending Act March 3, 1897, requiring certain space and accommodations for crews, held not retroactive, and not to apply to vessels built between 1897 and 1915.-The San Juan, 265. 23 (U.S.C.C.A.N.Y.) Provision of Act June 26, 1884, § 10, as amended by Seamen's Act March 4, 1915, § 11, prohibiting advance payment of wages to seamen, does not apply to employment of seamen by American vessels in foreign ports where such payment is customary and lawful.-The Windrush, 316. SEAWORTHINESS. See Shipping, 42, 58. SECRETARY OF LABOR. See Courts, 384. SECRETARY OF THE INTERIOR. See Indians, 15. SHIPPING. See Admiralty; Appeal and Error, 173, 750, 1140; Collision; Conspiracy, 30; Evidence, 417; Principal and Agent, 169; Salvage; Stipulations, 14; Wharves. 38 (U.S.C.C.A.Tex.) Declaration between Great Britain and Germany held to justify the refusal of a charterer of a British vessel to carry out his contract, by which he was entitled to send a cargo to Hamburg, but where the master properly refused to take his vessel.-Essex S. S. Co. v. Langbehn, 270. charter of 42 (U.S.C.C.A.N.J.) Though vessel for 30 days was demise, and was entered into after more or less thorough inspection by agent of charterer, owner was not relieved of his implied warranty as to seaworthiness concerning a defect in rudder port sleeve and in timbers concealed by it, for rule of caveat emptor applies only to defects which are patent or are discoverable on inspection.-The Transit, 243. 43 (U.S.C.C.A.La.) Where a time charter allowed charterer to direct vessel's movements. and there was no undertaking by owner to make any particular voyage, or to deliver a cargo within a stated time, losses suffered by the charterer on account of delay in deliver For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER ~58 (2) (U.S.C.C.A.N.Y.) Libel by owner against charterer held to state a cause of action in contract.-Dittmar v. Frederick Starr Contracting Co., 3. ing a particular cargo, intended for a holiday market, are not within contemplation of parties, and cannot be recovered, although owner was responsible for delay which was due to fault of crew it provided.-Aktieselskabet Stav-583) (U.S.C.C.A.N.Y.) Damages recoverangeren v. Hubbard-Zemurray S. S. Co., 239. able from a charterer for retention of the 49(2) (U.S.C.C.A.La.) The owners of a vessel after expiration of the charter held chartered ship held entitled to interest on an properly measured by the current rate of hire. amount due them from the charterer, but re--Atlantic Fruit Co. v. A Cargo of Sugar, 105. tained by the charterer through a mutual mistake, when settlement was made.-The Seguranca, 191. 49(2) (U.S.C.C.A.N.Y.) Tender of installment due under charter party, which gave charterer option of purchasing vessel for amount of hire, held sufficient, and to preclude owner from withdrawing vessel.-Rederiaktiebolaget Amie v. Universal Transp. Co., 470. 50 (U.S.C.C.A.La.) Where a charter party required the owner to maintain the vessel in a thoroughly efficient state in hull and machinery, the charterer is entitled to reimbursement for assistance rendered in making repairs, which it was the duty of the owner to make.-Aktieselskabet Stavangeren V. Hubbard-Zemurray S. S. Co., 239. 51 (U.S.C.C.A.La.) A ship held liable in rem for freight money collected by the owners for the benefit of a charterer, but not paid over. The Seguranca, 191. IV. MASTER. demised with the master, represents the owner 62 (U.S.C.C.A.N.Y.) The master of a scow, in such particulars as making the lines fast.Dittmar v. Frederick Starr Contracting Co., 3. V. LIABILITIES OF VESSELS AND OWNERS IN GENERAL. 84(2) (U.S.C.C.A.Mass.) Where vessel furnished hoisting tackle and gear for use in unloading cargo, it owes longshoremen, engaged in unloading the vessel, care commensurate with danger from breaking of gear.-The Bolton Castle, 473. 86(2) (U.S.C.C.A.Mass.) On libel against vessel for injuries to longshoreman, resulting from breaking of hoisting gear, evidence held to warrant finding of negligence on part of vessel in failing to discover defect in pin holding block.-The Bolton Castle, 473. VII. CARRIAGE OF GOODS. 51 (U.S.C.C.A.N.Y.) Where charter party, giving charterer, American corporation, option of acquiring vessel, required Swedish owner to deposit bill of sale as soon as possible, owner's 110 (U.S.C.C.A.La.) Where, as required by nonperformance cannot be excused, on ground the charter, a ship was loaded by stevedores of action of Swedish government, where there employed by the charterer, but "under the suwas no exception in agreement like that common in charter parties and bills of lading of pervision of the master," the charterer canarrests and restraints of princes.-Rederiaktie-not be held liable for improper stowage.-The bolaget Amie v. Universal Transp. Co., 470. Seguranca, 191. Charterer of vessel held not to have waived 133 (U.S.C.C.A.N.Y.) A vessel held not subowner's breach of contract, which gave char-ject to maritime lien for damages for breach of terer option to purchase, so as to render action for breach of contract premature.-Id. 54 (U.S.C.C.A.N.Y.) Time charterer of scow, which obtained waiver of its agreement to procure insurance when vessel was taken out of harbor by promise to assume all risks, held liable to same extent as marine insurer. -Dittmar v. Frederick Starr Contracting Co., 3. contract between charterer and shipper in respect to loading, the contract being at that time, so far as related to the particular vessel and cargo, executory.-The Saturnus, 477. VIII. CARRIAGE OF PASSENGERS. steamship wom:in 166(1) (U.S.C.C.A.Mass.) A company held liable for injury to a passenger by being thrown from a settee on which she was sleeping, in rough weather.Boston & Yarmouth S. S. Co. v. Francis, 16. IX. DEMURRAGE. 54 (U.S.C.C.A.N.Y.) Where parties to a charter agreed that if scow was sent out of harbor limits the charterer should pay the additional premium for insurance and, scow being sent out of harbor limits, owner took out additional insurance for which charterer paid, such insurance cannot be deemed to have in-171 (U.S.C.C.A.La.) A charterer held proured to benefit of charterer and to preclude tected by the cesser clause from liability for owner from recovering only in so far as he demurrage incurred after the signing of the was not insured.-Kennelly v. Frederick Starr bills of lading.-The Seguranca, 191. Contracting Co., 365. 58(2) (U.S.C.C.A.N.J.) A presumption of unseaworthiness arises, and alone will sustain SIGNALS. recovery, where vessel sinks from unknown See Collision, 100, 102. cause, under circumstances where she had been subjected to no external peril, and nothing but her unseaworthiness can explain the accident. The Transit, 243. See Canals, 21. SINKING FUNDS. SMOKING OPIUM. 121, 134; Internal Revenue, 2, 47. On libel to recover damages for injury to cargo of lighter, which sank at her dock, evidence held insufficient to show that sinking See Customs Duties, was result of vessel's unseaworthiness.-Id. Act 1909, March 4, ch. 321, 35 Stat. 1088. 582 626 582 5 (U.S.C.C.A.Okl.) Act March 1, 1895, c. 145, forbidding the introduction of intoxicating liquor into Indian Territory, as limited to in- $37 terstate commerce by the Oklahoma Enabling $ 211 Act, is not unconstitutional, as discriminating $8 296, 298.. between the states in respect of trade and commerce in intoxicating liquors.-De Moss v. United States, 259. STATUTES. For statutes relating to particular subjects, see the various specific topics. V. REPEAL, SUSPENSION, EXPIRATION, AND REVIVAL. 162 (U.S.C.C.A.Okl.) Specific legislation in relation to a particular class or subject is not affected by general legislation in regard to many classes or subjects, of which that covered by the specific legislation is one, unless general legislation is so repugnant to the special that the legislators must be presumed to have intended thereby to modify or repeal it.-Harris v. Bell, 345. VI. CONSTRUCTION AND OPERA TION. (A) General Rules of Construction. 181(2) (U. S. C. C. A. Okl.) Every statute should have a reasonable, sensible construction, in preference to one which renders it, or a substantial part of it, useless or deleterious.Harris v. Bell, 345. 212 (U.S.C.C.A.Okl.) The intention of the legislative body must be presumed to have been to benefit, not to injure, those interested in the subject of the law.-Harris v. Bell, 345. 22534 (U.S.C.C.A.N.Y.) In the construction of an amendment to an existing statute, the presumption is that the same words used there: in have the meaning acquired by prior judicial construction.-The Windrush, 316. (B) Particular Classes of Statutes. 241(1) (U.S.C.C.A.Mont.) Because a statute is penal in its nature is no reason for giving it a narrow and technical construction, which will defeat the purpose for which it was enacted.-United States v. Ash Sheep Co., 608. STATUTES AT LARGE. 1864, June 3, ch. 106, 13 Stat. 99. Amended by Act 1874, June 20, ch. 343, 18 Stat. 123 1868, July 27, ch. 273, § 6, 15 Stat. 241.. 1874, June 20, ch. 343, 18 Stat. 123. 1879, March 3, ch. 182, § 1, 20 Stat. 383.. 1884, June 26, ch. 121, § 10, 23 Stat. 55. 1884, May 17, ch. 53, § 8, 23 Stat. 24. Amended by Act 1915, March 4, ch. 153, § 11, 38 Stat. 1168.. 1887, Feb. 4, ch. 104. § 15, 24 Stat. 384. Amended by Act 1906, June 29, ch. 3591, § 4, 34 Stat. 584.. 1890, Aug. 19, ch. 802, § 1, art. 24, 26 Stat. 327 1893, March 2, ch. 196, 27 Stat. 531. 1893, March 2, ch. 196 27 Stat. 531. Amended by Act 1910, April 14, ch. 160, 36 Stat. 298. 541 46 541 46 46 316 61 154 39 39 1895, March 1, ch. 145, 28 Stat. 693..259, 261 1897, March 3, ch. 389. § 2, 29 Stat. 688. Amended by Act 1915, March 4, ch. 153, § 6, 38 Stat. 1165.. 1897, June 7, ch. 4, 30 Stat. 96. 1897, June 7, ch. 4. § 1, 30 Stat. 101. 1897, June 7, ch. 4, § 1, art. 15, 30 Stat. 265 154 154 506 99 1898, May 14, ch. 299, § 10, 30 Stat. 413 46 1898, July 1, ch. 541, 30 Stat. 544. 615 1898, July 1, ch. 541, § 2, 30 Stat. 545.... 140 1898, July 1, ch. 541, § 5. 30 Stat. 547... 178 1898, July 1, ch. 541, § 15a, 30 Stat. 550.. 159 1898, July 1, ch. 541, § 24a. 30 Stat. 553 327 1898, July 1, ch. 541, § 24b. 30 Stat. 553.. 247 1898, July 1, ch. 541. § 60b, 30 Stat. 562. Amended by Act 1910, June 25, ch. 412, § 11, 36 Stat. 842. 1901, March 1, ch. 676, § 28, 31 Stat. 869, 870 705 INDEX-DIGEST Statutes Construed For cases in Dec.Dig. & Am. Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER 1906, April 26, ch. 1876, § 22, 34 Stat. ..344, 345 § 8657 61 $$ 8718, 8722, 8723, 8725 $$ 8800-8801f 442 $ 8850 512 § 9586 § 9589 367 9599 Stat. $ 9608 1906, June 29, ch. 3594, § 1, 34 Stat. 607 602 $9644 1907, Feb. 20, ch. 1134, §§ 4, 5, 34 34510381 485 452 367 498 46 140 178 159 .247, 327 615 514 582 626 582 354 §§ 10469, 10471 345 1909, Feb. 9, ch. 100, 35 Stat. 614. ARKANSAS. 1909, March 4, ch. 321, § 211, 35 Stat. 498 1909, March 4, ch. 321. § 37, 35 Stat. 1096 582 §§ 6941, 6942, 6945..... KIRBY'S DIGEST. 151 1909, March 4, ch. 321, §§ 296, 298, 35 1911, p. 67 148 582 1909, Aug. 5, ch. 6, 36 Stat. 112. 56, 273 PUBLIC ACTS. 1914, Jan. 17, ch. 9, 38 Stat. 275. 1910, June 25, ch. 412, § 11, 36 Stat. 842 615 36 Stat. 1100, 1133, 1157... 166 1914, Jan. 17, ch. 10. § 1. 38 Stat. 277.. 656 1905, No. 330 127 127 COMPILED STATUTES 1916. $ 858 46 §§ 1030, 1120 § 1126a 166 Ch. 14 CONSOLIDATED LAWS. 415 Ch. 38, § 28, subsec. 3. 570 277 § 1691 127 § 4107 $$ 4248, 4250 602 § 5091 § 6287a 656 $8314 $$ 6287g-6287q 4988 9034 321 296 6943 46 $ 7734 265 $$ 7863, 7872-7909 154 OKLAHOMA. $ 7888 506 § 8323 COMPILED LAWS 1909. § 8583 316 § 5142 345 61 $$ 8604a, 8604aa 442 $$ 8605-8612 39 $ 8617 et seq.. 39 § 8621 .56, 273 PENNSYLVANIA. § 8651 162 C.C.A.-45 § 4568 LAWS. 1891, ch. 70 VIRGINIA. § 2902 WASHINGTON. 83 83 83 83 TAXATION. 282, 366; See Bankruptcy, 215; Courts, V. LEVY AND ASSESSMENT. sessment. 317(1) (U.S.C.C.A.Ga.) An assessment of (G) Review, Correction, or Setting Aside of Assessment. 482(2) (U.S.C.C.A.Wash.) Under Rem. & 163. XII. FORFEITURES AND PENALTIES. 14(1) (U.S.C.C.A.La.) Where a charterer, STOCKHOLDERS. See Corporations, 189, 201. STREET RAILROADS. See Carriers, 315-321; Evidence, STREETS. See Municipal Corporations, 706. See Equity, 297. SUPREME COURTS. See Courts, 384, 405. SURETYSHIP. See Principal and Surety. 843 (U.S.C.C.A.N.Y.) Where a corporation TELEGRAPHS AND TELEPHONES. I. ESTABLISHMENT, CONSTRUCTION, II (U.S.C.C.A.Ga.) Where telegraph com- TENANCY IN COMMON. See Partnership, 68. TENDER. See Mortgages, 581; Shipping, 49. |