CHAPTER V

LIABILITY OF OWNERS, MASTERS, AND SHIPPERS

Liability of Owners, Masters and Shippers.

If any shipper of platina, gold, gold dust, silver, bullion, or other

precious metals, coins, jewelry, bills of any bank or public body,

diamonds, or other precious stones, or any gold or silver in a

manufactured or unmanufactured state, watches, clocks, or time pieces of

any description, trinkets, orders, notes, or securities for payment of

money, stamps, maps, writings, title-deeds, printings, engravings,

pictures, gold or silver plate or plated articles, glass, china, silks

in a manufactured or unmanufactured state, and whether wrought up or not

wrought up with any other material, furs, or lace, or any of them,

contained in any parcel, or package, or trunk, shall lade the same as

freight or baggage, on any vessel, without at the time of such lading

giving to the master, clerk, agent, or owner of such vessel receiving

the same a written notice of the true character and value thereof, and

having the same entered on the bill of lading therefor, the master and

owner of such vessel shall not be liable as carriers thereof in any form

or manner; nor shall any such master or owner be liable for any such

goods beyond the value and according to the character thereof so

notified and entered. (R. S., 4281.)

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.)

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.)

It shall not be lawful for any vessel transporting merchandise or

property from or between ports of the United States of America and

foreign ports, her owner, master, agent or manager to insert in any bill

of lading or shipping document any covenant or agreement whereby the

obligations of the owner or owners of said vessel to exercise due

diligence, properly equip, man, provision, and outfit said vessel, and

to make said vessel seaworthy and capable of performing her intended

voyage, or whereby the obligations of the master, officers, agents, or

servants to carefully handle and stow her cargo and to care for and

properly deliver same, shall in any wise be lessened, weakened, or

avoided. (Sec. 2.)

If the owner of any vessel transporting merchandise or property to or

from any port in the United States of America shall exercise due

diligence to make the said vessel in all respects seaworthy and properly

manned, equipped, and supplied, neither the vessel, or owners, agent, or

charterers shall become or be held responsible for damage or loss

resulting from faults or errors in navigation or in the management of

said vessel, nor shall the vessel, her owner or owners, charterers,

agent, or master, be held liable for losses arising from dangers of the

sea or other navigable waters, acts of God, or public enemies, or the

inherent defect, quality, or vice of the thing carried, or from

insufficiency of package, or seizure under legal process, or for loss

resulting from any act or omission of the shipper or owner of the goods,

his agent or representative, or from saving or attempting to save life

or property at sea, or from any deviation in rendering such service.

(Sec. 3.)

It shall be the duty of the owner or owners, masters, or agent of any

vessel transporting merchandise or property from or between ports of the

United States and foreign ports to issue to shippers of any lawful

merchandise a bill of lading, or shipping document, stating, among other

things, the marks necessary for identification, number of packages, or

quantity, stating whether it be carrier's or shipper's weight, and

apparent order or condition of such merchandise or property delivered to

and received by the owner, master, or agent of the vessel for

transportation, and such document shall be prima facie evidence of the

receipt of the merchandise therein described. (Sec. 4.)

For a violation of any of the provisions of this act the agent, owner,

or master of the vessel guilty of such violation, and who refuses to

issue on demand the bill of lading herein provided for, shall be liable

to a fine not exceeding two thousand dollars. The amount of the fine and

costs for such violation shall be a lien upon the vessel, whose agent,

owner, or master is guilty of such violation, and such vessel may be

libeled therefor in any district court of the United States, within

whose jurisdiction the vessel may be found. One-half of such penalty

shall go to the party injured by such violation and the remainder to the

Government of the United States. (Sec. 5.)

This act shall not be held to modify or repeal sections forty-two

hundred and eighty-one, forty-two hundred and eighty-two, and forty-two

hundred and eighty-three of the Revised Statutes of the United States,

or any other statute defining the liability of vessels, their owners, or

representatives. (Sec. 6.)

Sections one and four of this act shall not apply to the transportation

of live animals. (Feb. 13, 1893; sec. 7.)

General libel bond.

When a warrant of arrest or other process in rem is issued in any cause

of admiralty jurisdiction, except in cases of seizures for forfeiture

under any law of the United States, the marshal shall stay the execution

of such process, or discharge the property arrested if the process has

been levied, on receiving from the claimant of the property a bond or

stipulation in double the amount claimed by the libelant, with

sufficient surety, to be approved by the judge of the court where the

cause is pending, or, in his absence, by the collector of the port,

conditioned to answer the decree of the court in such cause. Such bond

or stipulation shall be returned to the court, and judgment thereon,

against both the principal and sureties, may be recovered at the time of

rendering the decree in the original cause. And the owner of any vessel

may cause to be executed and delivered to the marshal a bond or

stipulation, with sufficient surety, to be approved by the judge of the

court in which he is marshal, conditioned to answer the decree of said

court in all or any cases that shall thereafter be brought in said court

against the said vessel, and thereupon the execution of all such process

against said vessel shall be stayed so long as the amount secured by

such bond or stipulation shall be at least double the aggregate amount

claimed by the libelants in such suits which shall be begun and pending

against said vessel; and like judgments and remedies may be had on said

bond or stipulation as if a special bond or stipulation had been filed

in each of said suits. The court may make such orders as may be

necessary to carry this section into effect, and especially for the

giving of proper notice of any such suit. Such bond or stipulation shall

be indorsed by the clerk with a minute of the suits wherein process is

so stayed, and further security may at any time be required by the

court. If a special bond or stipulation in the particular cause shall be

given under this section, the liability as to said cause on the general

bond or stipulation shall cease. (R. S., 941; Mar. 3, 1899.)

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