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tained in the said foregoing sections shall be construed as repealing, modifying, or in any manner affecting the provisions of an Act of Congress approved June twenty-ninth, eighteen hundred and eighty-eight, entitled "An Act to prevent obstructive and injurious deposits within the harbor and adjacent waters of New York City, by dumping or otherwise, and to punish and prevent such offense" as amended by section three of the river and harbor Act of August eighteenth, eighteen hundred and ninety-four. (Act March 3, 1899, c. 425, § 20, 30 Stat. 1154, amended Act Feb. 20, 1900, c. 23, § 3, 31 Stat. 32, and Act June 13, 1902, c. 1079, § 12, 32 Stat. 375, U. S. Comp. St. § 9925.)

(7) STAND-BY ACT OF SEPTEMBER 4, 1890 (26 Stat. 425 [U. S. Comp. St. §§ 7979, 7980]).

An act in regard to collision at sea.

Section 1. Duties of master of vessel in case of collision -In every case of collision between two vessels it shall be the duty of the master or person in charge of each vessel, if and so far as he can do so without serious danger to his own vessel, crew, and passengers (if any), to stay by the other vessel until he has ascertained that she has no need of further assistance, and to render to the other vessel, her master, crew, and passengers (if any) such assistance as may be practicable and as may be necessary in order to save them from any danger caused by the collision, and also to give to the master or person in charge of the other vessel the name of his own vessel and her port of registry, or the port or place to which she belongs, and also the name of the ports and places from which and to which she is bound. If he fails so to do, and no reasonable cause for such failure is shown, the collision shall, in the absence of proof to the contrary, be deemed to have been caused by his wrongful act, neglect, or default. (Act Sept. 4, 1890, c. 875, § 1, 26 Stat. 425, U. S. Comp. St. § 7979.)

Sec. 2. Failure to comply with act; penalty-Every master or person in charge of a United States vessel who fails without reasonable cause, to render such assistance or give such information as aforesaid shall be deemed guilty of a misdemeanor, and shall be liable to a penalty of one thousand dollars, or imprisonment for a term not exceeding two years; and for the above sum the vessel shall be liable and may be seized and proceeded against by process in any district court of the United States by any person; one-half such sum to be payable to the informer and the other half to the United States. (Act Sept. 4, 1890, c. 875, § 2, 26 Stat. 425, U. S. Comp. St. § 7980.)

4. THE LIMITED LIABILITY ACTS

(1) ACT MARCH 3, 1851 (Rev. St. §§ 4282-4289, as amended February 27, 1877, February 18, 1875, and June 19, 1886 [U. S. Comp. St. §§ 8020-8027]). Loss by fire-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, U. S. Comp. St. § 8020.)

Liability of owner not to exceed interest-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, U. S. Comp. St. § 8021.)

Apportionment of compensation-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, amended Act Feb. 27, 1877, c. 69, § 1, 19 Stat. 251, U. S. Comp. St. § 8022.)

Transfer of interest of owner to trustee-It shall be deemed a sufficient compliance on the part of such owner with the requirements of this Title 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, U. S. Comp. St. § 8023.)

When charterer is deemed owner-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 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, U. S. Comp. St. §

Remedies reserved-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, U. S. Comp. St. § 8025.)

Shipping inflammable materials-Any person shipping oil of vitriol, 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. But this section shall not apply to any vessel of any description whatsoever used in rivers or inland navigation. (R. S. § 4288, U. S. Comp. St. § 8026.)

Limitation of liability of owners applied to all vessels— 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 sea going vessels, and also to all vessels used on lakes or rivers or in inland navigation, including canalboats, barges, and lighters. (R. S. § 4289, amended Act Feb. 18, 1875, c. 80, § 1, 18 Stat. 320, and Act June 19, 1886, c. 421, § 4, 24 Stat. 80, U. S. Comp. St. § 8027.)

(2) ACT JUNE 26, 1884, § 18 (U. S. Comp. St. § 8028). Liability of owners of vessels for debts limited-The individual liability of a ship-owner, 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 vessels 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 ship-owners. (Act June 26, 1884, c. 121, § 18, 23 Stat. 57, U. S. Comp. St. § 8028.)

5. BONDS OR STIPULATIONS TO RELEASE VESSELS FROM ARREST

REV. ST. § 941, AS AMENDED (U. S. Comp. St. § 1567). An act to amend section nine hundred and forty-one of the Revised Statutes.

Delivery bond in admiralty proceedings-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 HUGHES, ADM.(2D ED.)-32

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