Seaworthy - Law Dictionary Search Results
Home Dictionary Name: seaworthySeaworthy
Seaworthy, a term applied to a ship, indicating that she is, in every respect, fit for her voyage. It is provided in all charter-parties that the vessel chartered shall be tight, staunch, and strong, well apparelled, furnished with an adequate number of mariners, sufficient tackle, provisions, etc. If the ship be insufficient in any of these particulars, the owners, though ignorant of the circumstance, will be liable for whatever damage may inconsequence be done to the goods of the merchant, and if any insurance have been effected upon her it will be void. In a voyage policy a warranty of seaworthiness is implied, but not in a time policy, see Dudgeon v. Pembroke, (1877) 2 App Cas 284. But see Carriage of Goods by Sea Act, 1924, s. 2 and Sch., Art. III. 1 and Art. IV. 2, and Merchant and Shipping Act, 1894, ss. 457, 459....
Seaworthiness
The state or quality of being seaworthy or able to resist the ordinary violence of wind and weather...
Seaworthy
Fit for a voyage worthy of being trusted to transport a cargo with safety as a seaworthy ship...
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...
Examine
To test by any appropriate method to inspect carefully with a view to discover the real character or state of to subject to inquiry or inspection of particulars for the purpose of obtaining a fuller insight into the subject of examination as a material substance a fact a reason a cause the truth of a statement to inquire or search into to explore as to examine a mineral to examine a ship to know whether she is seaworthy to examine a proposition theory or question...
Charter-party
Charter-party [fr. Charta partita, Lat., a divided charter; charte partie, Fr.]. When notaries were less common there was only one instrument made for both parties; this they cut in two, and give each his portion; an agreement in writing by which a ship owners agrees to let an entire ship, or part thereof, to a merchant, for the carriage of goods on a specified voyage, or during a specified period, for a sum of money which the merchant agrees to pay as freight for their carriage. By such an agreement the ship is said to be chartered to the merchant, who is called the charter. There are certain terms usually to be found in all charter-parties, e.g., a statement of the burthen of the ship, an undertaking by the ship-owner that the ship, being seaworthy and furnished with necessaries, shall be ready by a certain day to receive the cargo, shall sail when loaded, and deliver her cargo at her port of destination (the act of God or the King's enemies excepted), the charterer undertaking to lo...
Unseaworthy ships
Unseaworthy ships. Sending an unseaworthy [see Hedley v. Pinkney Steamship Co., (1892) 1 QB 58 CA] ship to sea in such a state that the life of any person is likely to be endangered is a misdemeanour by s. 47 of the Merchant Shipping Act, 1894, reproducing s. 4 of the repealed Merchant Shipping Act, 1876, unless the person charged proves either that he used all reasonable means to insure the ship being sent to sea in a seaworthy state, or that her going to sea in such an unseaworthy state was under the circumstances reasonable and justifiable.As to the meaning of unseaworthiness in a bill of lading, see The Schwan, 1909 AC 450....
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