PASSENGER SHIPS-(continued). provisioned, 296, 304 number of crew and passengers, 304 these are conditions of certificate being granted, 303 passenger steamers to be surveyed and certified, 304, 671 powers to prevent over-crowding of steamers, and to exclude improper persons, 305 defined, 671 to be surveyed at least twice a year by surveyors appointed by the Board of Trade, times of, 672 duty of owners to require such surveys, 672 duty of surveyors, if satisfied, to make declaration, and give same to owners, 672 duration of certificate, if not cancelled meanwhile, 673 to be put up in conspicuous part of the vessel, 673 clearance or transire to be refused to ship without certificate, 674 PASSENGERS 1. statute and common law applicable to, 290 not affected by Merchant Shipping Act, 1854, 712 2. contract with, 291 must be in writing within the statute, and in the prescribed form, 291 3. time of sailing or embarkation- when time is of the essence of the contract, delay absolves the passenger secus, if it is not, 292 the statutory form gives the time of sailing for cabin passengers, time of statutory rights for not receiving on board on the day mentioned, and for 4. payment of passage money- if prepaid, when it may be recovered back at common law, 293, 294 when under the statute, 293, 294, 295 5. performance by the owners- under the statute, steerage passengers may be sent by an equally eligible secus at common law, 293 in case of accident by the way, owners bound to repair, if that possible and whether they are bound in all events to carry the passengers to their if they do not, they are entitled by American law to no passage American law as to passage money and performance, 294 n. English law, 294, 397 statutory law, 294, 295 one family not to be separated, unless the emigration officer think it 6. seaworthiness of the ship- public duty, 304 private right, 296 7. health of passengers- statutory rules as to accommodation, stores, comforts, and medical practi- statutory scale, 296 common law right, 297 statutory right of steerage passengers when detained in starting, and before 9. discipline right and power of the master as to, 297, 298 excess gives damages, 298 12. suits against public officers, 301 13. limitation of suits for breach of statutory duties, 301 to persons, 301 who is a cabin passenger, 302 which is a passenger ship, 302 what voyages are within the statute, 303 15. statutory duties and officers-- certificate for passenger ship requisite, 303 passage brokers and their runners must be licensed, 304 survey of passenger steamers, 304, 671 penalty on persons crowding steamers, 304, 305, 674 and then refusing to give name and address, 675 16. remedy of passenger for damage received by negligence, 305 distinguished from bottomry, 45 PAYMENT from hypothecation by the civil law, 45 n. of freight determines the lien on the cargo, 441 what amounts to payment, 442 preference of a bill to cash, 442 duty of the master to draw and present the bill for acceptance, when a bill is the stipulated mode of settlement, 442 an offer to accept on these conditions is a good tender, 442 PERFORMANCE UNDER AFFREIGHTMENT By the master and owners- 1. Preparing for the voyage- their duty to provide a ship seaworthy, 349 rests on a fundamental principle of law, 350 is stipulated in charterparty and bill of lading, 350 and by the law of France there may be action for breach, notwithstanding so it would be in English law, 350 n., 351 Pothier however held that this was not just to the owners, 351 as to boats, requirement of the statute on the part of every decked ship proceeding from United Kingdom, 350 n. cases of stipulated non-responsibility, 351, 352 seaworthiness as to crew and pilot, 352, 353 readiness to receive cargo, 353 receipt of cargo, 353 manner of, and commencement of liability, 353 number of hands to receive and guard, 353 liability in case of theft or robbery, 353 and for accidental damage in taking on board, 353 dunnage, 354 the place of ballast may be occupied by owner's own goods, notwithstanding liability for the consequences of bad stowage, 354 except when, 354, 355 quantity of cargo, 355 should not be carried on deck when that is illegal, 355 cargo should not be of prohibited or uncustomed goods, or contraband of war, 355 2. Commencing the voyage- should not be till the lie-days and if required the demurrage days are state of the weather, 357 duty to take convoy, 357 what amounts to a satisfaction of warranty to do so, 357, 861 PERFORMANCE under affreIGHTMENT—(continued). 3. pursuing the voyage- there is an implied stipulation in the charterparty and policy of insurance consequences of deviating, 362 unless justified by usage or humanity, 362, 363 usage is barred by the express contract, 362 succession of ports, order of, 363 calls for orders, 363 repairs to ship, 363 consequences of continuing without repairs when they are necessary, 361 transhipment, master's power as to, 364 whether compulsory not decided by English courts, 364 foreign law on this point, 364-266 duty to take care of cargo, 366 as to damage by rats on board, 367 common law, liability of common carriers, 367 4. ending the voyage - delivery of cargo, 367 to whom, 367 on payment of freight, 368 lien for freight, 368 other charges against the consignee, 368 what goods may be detained for freight, 368 detention should not be on board, 369 may warehouse them under the lien, 369 detention of part after lien is given up improper, 369 n. what delivery is a discharge of the owners and master, 370 master bound to wait, how long, 371 imperfect delivery may be with fault in the owners or without, 371 they are liable or not accordingly, 371 when goods have been sold for the ship's use during the voyage, proprietor how declare for this, 372 n. if the ship perish and all in her after such a sale, jurists differ as to the better opinion seems to be that they must be paid for, 372-375 5. by the freighter, 375 if he get the ship into his possession, he must use the diligent care of a under affreightment, must name the place of destination within reasonable and may not put supercargo aboard for that purpose without stipula- time for his performance, in the absence of stipulation is implied to be 6. as to cargo- any authority or licence necessary to obtaining must be provided by him, 376 not entitled to load in unusual parts of the ship without stipulation, 376 may not ship destructive goods without notice, 377 penalty, 377 statutory licence to shipowner to open and inspect goods suspected on this or refuse to take them on board, 377 what goods he may ship to satisfy the charterparty, 378, 379 when he may not load for intermediate voyage, 380 may not reland cargo, or have other bills of lading executed without offering a complete indemnity, 380 and paying freight, 436 is not entitled to notice of the arrival of the ship, 380 bound to discharge within the stipulated or a reasonable time, 380 if a new contract is substituted and performed without his authority he but not if there is merely a dispute about something of this kind, 380 PERFORMANCE OF PASSENGER CONTRACT when they are bound to the day named, 291 bound at common law as to the particular ship, 293 may send any except cabin passengers by an equally eligible ship, 293 whether at common law they are bound to carry the passengers in all events to their destinations depends on the contract, 294 American law as to this, 294 n. statutory provision on this point, 294, 295 as to stores and diet, 296, 297 PERILS OF THE SEA. (See Dangers of the Sea.) PERSONALTY PILOT includes ships, 1 personal chattel to be constructed, law as to vesting of property therein, 2-7 a local helmsman, 251 early incorporation of such persons, 251 existing powers and jurisdiction confirmed, so far, 252, €75 powers by bye-law, 252, 676, 677 appeal in regard to the bye-laws, 252, 677 the power of the pilotage authorities over pilots is absolute, 252 n. pilot qualified by registration of licence for a district, 252, 679 is bound to produce his licence to person employing him, 252, 679 and to deliver it up on demand of pilotage authority, 252, 679 his rights within his district exclude unqualified pilots, except in distress, 253, 680 the master is bound to engage him, 253, 680 except when, 254, 681 unqualified pilot superseded by a qualified pilot, 254, 681 penalty on unqualified pilot acting within a district, and not under excep tional circumstances, 681 his duty is to take charge of the vessel when required, 254 or lead it if he cannot board, 254, 680 he must not misrepresent the condition of the vessel at the moment, 254, 680 his functions on board make him paramount, 255 the master bound to see that he is obeyed, 255 this is in consideration of his responsibility, 255 his relation to the owners at common law is that of agent to principal, 256 how far the master may interfere with the pilot's prerogative, 256 n. under the statute, his employment compulsory and their liability nil, 257, 680, 683, 685 what words suffice to make it compulsory, 257 review of cases on the Liverpool Act, 257 n. when and where compulsory, and on what ships, 258, 680, 683, 684 irresponsibility of owners, how pleaded, 259 how proved, and by whom, 259, 260 pilotage rates, his title to these and no more, 261, 680, 681 master must not deceive him as to draught of the ship, 261, 681 pilot may earn more as salvor, 261, 526 remedy for, 262, 681 who liable for, 262, 681 to whom payable, 262, 681 relation of pilot to tug, 263 his presence on board is necessary to the seaworthiness of the ship, when, 352 offences by pilots in that capacity, and the penalties and punishment attaching, 681, 682 Trinity House pilots, 683, 684 PILOT BOAT rates, 684 pilot fund, 685 outport districts, 682, 685 must be approved and licensed, 679 PILOT BOAT-(continued). how distinguished in hull and flag, 679 pilot to hoist his flag, though not in his own boat, 679 PILOT LICENCE to be given to qualified pilot on his appointment, 679 delivered up to pilotage authority on demand, 252 n., 679 PILOTAGE AUTHORITIES their jurisdiction, 252, 675 powers, 252, 676 bye-laws, 252, 677 appeal against bye-laws, 252, 677 returns required of them, 677 upon failure to give such returns, &c., Her Majesty in Council may order transfer power to license the master or mate of any ship submitting to be examined for the renewal of certificates, 678 appeal to Board of Trade in respect of, 678 fees upon, 678 Trinity House, 682, 683 PLEADING. (See Action, Action in rem.) parties, misjoinder of plaintiffs no ground for abatement, 605 judgment may be given against all or some of them, 605 right to costs saved for the defendant, 605 and his right of set-off, 605 all the owners should be joined as plaintiffs in an action on wrongs, 114 otherwise, plea in abatement, 114 if all the owners are not joined as plaintiffs in an action on contract, the defendant if all the owners are not joined as defendants the nonjoinder must be pleaded, rule, when it is ambiguous whether the action be in tort or contract, 116 parties to the action on a charterparty under seal, who are proper to be, 315-317 who, when not under seal, 317, 318 parties to the action on a bill of lading in respect of the goods, 339, 343-347 parties to the action for bad stowage, 354, 355 parties to the action following upon summary arrest of foreign ship for damage, count for goods bargained and sold does not lie when the property has not passed, 4 when special damage is laid, it should not be too remote, 299 declaration bad for not showing the right of the plaintiffs to sue on charterparty, 315 declaration on the translation of a foreign instrument, if the translation be wrong how to declare for freight or demurrage against assignee of bill of lading, at how under the Bills of Lading Act, ib. and 342 n. declaration for goods sold in the course of the voyage at a less price than their declaration for money agreed to be paid in advance in the name of freight, must declaration for freight of a ship chartered for a gross sum and brings home only a |