One Ship - Law Dictionary Search Results
Home Dictionary Name: one shipCollision of ships
Collision of ships, the striking or running foul of one ship against another. The remedy is either an action at law or a suit in the Admiralty Division. The possibilities under which a collision may occur, and the rules acted on by the Court of Admiralty, have been thus stated by Lord Stowell in The Woodrop-Sims, (1815) 2 Dodson, 85:-'In the first place, it may happen without blame being imputable to either party: as where the loss is occasioned by a storm or any other vis major, in that case the misfortune must be borne by the party on whom it happens to light, the other not being responsible to him in any degree. Secondly, a misfortune of this kind may arise where both parties are to blame, where there has been a want of due diligence or of skill on both sides: in such a case, the rule of law is, that the loss must be apportioned between them, as having been occasioned by the fault of both of them. Thirdly, it may happen by the misconduct of the suffering party only, and then the rul...
Bill of Lading
Bill of Lading, a memorandum signed by masters of ships, in their capacity of carriers, acknowledging the receipt of merchants' goods, of which there are usually three parts-one kept by the consignor, one sent to the consignee, and one preserved by the master. It is the evidence of the title to the goods shipped; and by its endorsement and delivery, the transfer of the property in the goods specified therein is generally effected. By the Bills of Lading Act, 1855, the rights of suit under a bill of lading vest in the consignee or endorsee (as if the contract contained in the bill of lading had been made with himself) without prejudice to any right of stoppage in transitu or to freight. See (English) Carriage of Goods by Sea Act, 1924 (14 & 15 Geo. 5, c. 22), and Carver on Carriage by Sea.A bill of lading is 'a writing, signed on behalf of the owner of the ship in which goods are embarked, acknowledging the receipt of the goods, and undertaking to deliver them at the end of the voyage s...
Ship
Ship, the carriage of goods by Sea Act, 1925 (26 of 1925). [XXVI of 1925, Sch. Art. 1, Cl. (d)]Ship, means any vessel used for the carriage of goods by sea.A type of vessel used or intended to be used in navigation, Black's Law Dictionary, 7th Edn., p. 1382.In the Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60), by s. 742, 'includes every description of vessel used in navigation not propelled by oars.' [This definition has been adopted by the Workmen's Compensation Act, 1925 (15 & 16 Geo. 5, c. 34), s. 48(1)]'Foreign-going ship,' by the same s., 'includes every ship employed in trading, or going between some place or places in the United Kingdom, and some place or places situate beyond the following limits: that is to say, the coasts of the United Kingdom, the Channel Islands and the Isle of Man, and the continent of Europe, between the river Elbe and Brest inclusive'; and'Home-trade ship' includes 'every ship employed in trading or going' within the above limits; and'Home-trade pass...
Merchant shipping
Merchant shipping. The Acts relating to Merchant Shipping have been twice consolidated: first, in 1854, by 17 & 18 Vict. c. 104; and, secondly, in 1894, by the (English) Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60), which contains 748 ss. and 22 schedules, the 22nd Schedule containing 48 repealed enactments.By s. 713 of the (English) Act the Board of Trade exercises a general control over merchant shipping. Additions and amendments have been made to the Act of 1894 by various Acts, the most important of which re: the Merchant Shipping Acts, 1906,1907, 1911, 1920, and 1921; the Merchant Shipping (Stevedores and Trimmers) Act, 1911; the Merchant Shipping (Seamen's Allotment)Act, 1911; the Marine Conventions Act, 1911; Merchant Shipping (Certificates) Act, 1914; Merchant Shipping (Salvage)Act, 1916; Merchant Shipping (Wireless Telegraphy)Act, 1919; Merchant Shipping Acts (Amendment) Act, 1923; Fees (Increase) Act, 1923; Merchant Shipping (International Labour Conventions) Act, 1925; ...
Registry of ships
Registry of ships. The registry of ships appears to have been introduced into this country by the (English) Navigation Act (12 Car. 2, c. 18, A.D. 1660); several provisions were made with respect to it by 7 & 8 Wm. 3, c. 22, and the whole was reduced into a system by the 27 Geo. 3, c. 19. It is now provided for by Part I. of the Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60), Chit. Stat., tit. 'Shipping,' by which (s. 2) every British ship must be registered under the Act, except (s. 3) 'ships not exceeding fifteen tons burden employed solely in navigation on the rivers or coasts of the United Kingdom, or on the rivers or coasts of some British possession within which the managing owners of the ships are resident,' and 'ships not exceeding thirty tons burden, and not having a whole or fixed deck and employed solely in fishing or trading coastwise on the shores of Newfoundland or parts adjacent thereto, or in the Gulf of Saint Lawrence, or on such portions of the coasts of Canada as ...
Ship's husband
Ship's husband, a peculiar agent appointed by the owner of a ship to look after the repairs, equip-ment, management, and other concerns of the ship. His duties are: (1) To see to the proper outfit of the vessel, the repairs, tackle and furniture necessary for a seaworthy ship. (2) To have a proper master, mate, and crew for the ship, so that in this respect it shall be seaworthy. (3) To see to the due furnishing of provisions and stores. (4) To see to the regularity of clearance from the Custom-house of the registry. (5) To settle contracts, and provide for payment of the furnishings requisite. (6) To enter into charter-parties, or engage the vessel for general freight, under usual conditions; and to settle for freights and adjust averages with the merchant. (7) To preserve the proper certificates, surveys, and documents, in case of disputes with insures of freighters, and to keep regular books of the ship, Story's Agency, 31. See Maclachlan on Shipping. He must be registered under the...
Indian ship
Indian ship, 'Indian ship' means a ship registered as such under this Act and includes any ship registered at any port in India at the commence-ment of this Act which is recognised as an Indian ship under the proviso to sub-s. (2) of s. 22. [Merchant Shipping Act, 1958 (44 of 1958), s. 3(1)(18)]...
Foreign going ship
Foreign going ship, means a ship, not being a home trade ship, employed in trading between any port or place in India and any other port or place or between ports or places, outside India. [Merchant Shipping Act, 1958 (44 of 1958), s. 3(13)]. See SHIP....
Home trade ship
Home trade ship, 'home-trade ship' means a ship not exceeding three thousand tons gross which is employed in trading between any port or place in India and any other port or place on the continent of India or between ports or places in India and ports or places in Ceylon, Maladive Islands, Federation of Malaya, Singapore or Burma. [Merchant Shipping Act, 1958 (44 of 1958), s. 3(16)]See SHIP....
Ship's papers
Ship's papers, documents required for the manifes-tation of the property of the ship and cargo, etc. See a list of them in Form No. 17, Appx. K, of the Rules of the Supreme Court, 1883.They are of two sorts: (1) those required by the law of a particular country, as the certificate of registry, licence, charter-party, bills of lading and of health, required by the law of England to be onboard all British ships; (2) those required by the law of nations to be onboard neutral ships, to vindicate their title to that character; they are the passport, sea-brief, or sea-letter, proofs of property, the muster-roll, or role d'equipage; the charter-party, the bills of lading and invoices, the log-book or ship's journal, and the bill of health, 1 Marshall on Insur., c. 9, s. 6....
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