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.)