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PART III.

PERSONAL MOVABLE PROPERTY.

TITLE I.

PERSONAL PROPERTY IN GENERAL.

By what law SECTION 946. If there is no law to the contrary in the governed.

place where personal property is situated, it is deemed to follow the person of its owner, and is governed by the law of his domicile. (Reënactment, approved March 9, 1876 ; Amendments 1875-6, 1878; took effect sixtieth day after passage.)

TITLE II.

PARTICULAR KINDS OF PERSONAL PROPERTY.

ARTICLE I.

GENERAL PROVISIONS.

Ship, shipping terms defined.

nances and

SECTION 960. The term ship, or shipping, when used in this Code, includes steamboats, sailing vessels, canal boats, barges, and every structure adapted to be navigated from place to place for the transportation of merchandise or persons. (Amendment, approved March 30, 1874; Amendments

1873–4, 224; took effect July 1, 1874.) Appurte- SEC. 961. All things, belonging to the owners, which are equipments. on board a ship, and are connected with its proper use, for

the objects of the voyage and adventure in which the ship

is engaged, are deemed its appurtenances. Foreign and SEC. 962. Ships are engaged either in foreign or domestic navigation navigation, or in the fisheries. Ships are engaged in foreign

navigation when passing to or from a foreign country; and in domestic navigation, when passing from place to place within the United States.

domestic

domestic

tinguished.

owners.

Sec. 963. A ship in the port of a State to which it belongs Foreign and is called a domestic ship; in another port it is called a for-ships diseign ship.

SEC. 964. If a ship belongs to several persons, not part- Several ners, and they differ as to its use or repair, the controversy may be determined by any Court of competent jurisdiction.

SEC. 965. If the owner of a ship commits its possession Owner for and navigation to another, that other, and not the

owner, is responsible for its repairs and supplies.

Sec. 966. The registry, enrollment, and license of ships Registry, are regulated by Acts of Congress.

voyage.

etc.

ARTICLE II.

RULES OF NAVIGATION.

ships meet.

other.

a

SECTION 970. In the case of ships meeting, the following Collisions rules must be observed, in addition to those prescribed by that part of the Political Code which relates to navigation:

1. Whenever any ship, whether a steamer or sailing ship, Rules as to proceeding in one direction, meets another ship, whether a ing each steamer or sailing ship, proceeding in another direction, so that if both ships were to continue their respective courses they would pass so near as to involve the risk of a collision, the helms of both ships must be put to port so as to pass on the port side of each other; and this rule applies to all steamers and all sailing ships, whether on the port or starboard tack, and whether close-hauled or not, except where the circumstances of the case are such as to render a departure from the rule necessary in order to avoid immediate danger, and subject, also, to a due regard to the dangers of navigation, and, as regards sailing ships on the starboard tack close-hauled, to the keeping such ships under command.

3. A steamer navigating a narrow channel must, when- Rules for ever it is safe and practicable, keep to that side of the fair- in narrow way or mid-channel which lies on the starboard side of the steamer.

4. A steamer when passing another steamer in such chan- Same. nel must always leave the other upon the larboard side.

5. When steamers must inevitably or necessarily cross so Rules for near that, by continuing their respective courses, there would on different

steamers

channels,

steam vessels

courses.

Meeting of

steamers.

Collision
from breach
of rules.

Breaches of such rules to imply willful default.

be a risk of collision, each vessel must put her helm to port, so as always to pass on the larboard side of each other.

6. The rules of this section do not apply to any case for which a different rule is provided by the regulations for the government of pilots of steamers approaching each other within sound of the steam whistle, or by the regulations concerning lights upon steamers, prescribed under authority of the Acts of Congress approved August thirtieth, eighteen hundred and fifty-two, and April twenty-ninth, eighteen hundred and sixty-four.

SEC. 971. If it appears that a collision was occasioned by failure to observe any rule in the foregoing section, the owner of the ship by which such rule is infringed cannot recover compensation for damages sustained by the ship in such collision, unless it appears that the circumstances of the case made a departure from the rule necessary.

SEC. 972. Damage to person or property, arising from the failure of a ship to observe any rule of section nine hundred and seventy, must be deemed to have been occasioned by the willful default of the person in charge of the deck of such ship at the time, unless it appears that the circumstances of the case made a departure from the rule necessary. SEC. 973. Losses caused by collision are to be borne as

. follows:

1. If either party was exclusively in fault he must bear his own loss, and compensate the other for any loss he has sustained ;

2. If neither was at fault, the loss must be borne by him on whom it falls;

3. If both were in fault, the loss is to be equally divided, unless it appears that there was a great disparity in fault, in which case the loss must be equitably apportioned;

4. If it cannot be ascertained where the fault lies, the loss must be equally divided.

Loss, how apportioned.

TITLE VI.

WILLS.

CHAPTER I.

EXECUTION AND REVOCATION OF WILLS.

take by will.

SECTION 1275. A testamentary disposition may be made to Who may any person capable by law of taking the property so disposed of, except corporations other than those formed for scientific, literary, or solely educational purposes, cannot take under a will, unless expressly authorized by statute. (Amendment, approved January 29, 1874; Amendments 1873-4, 275; took effect from passage.)

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kinds of,

SECTION 1813. A deposit may be voluntary or involun- Deposit, tary; and for safe-keeping or for exchange.

SEC. 1814. A voluntary deposit is made by one giving to voluntary another, with his consent, the possession of personal property made.

deposit, how to keep for the benefit of the former, or of a third party. The person giving is called the depositor, and the person receiving the depositary. SEC. 1815. An involuntary deposit is made:

Involuntary

deposit, how 1. By the accidental leaving or placing of personal pro- made. perty in the possession of any person, without negligence on the part of its owner; or,

2. In case of fire, shipwreck, inundation, insurrection, riot,

Involuntary deposit, how made.

or like extraordinary emergencies, by the owner of personal property committing it, out of necessity, to the care of any person.

SEC. 1816. The person with whom a thing is deposited in the manner described in the last section is bound to take

charge of it, if able to do so. Deposit for SEC. 1817. A deposit for keeping is one in which the safe keeping, what. depositary is bound to return the identical thing deposited. Deposit for SEC. 1818. A deposit for exchange is one in which the exchange, what. depositary is only bound to return a thing corresponding in

kind to that which is deposited.

ARTICLE II.

OBLIGATIONS OF THE DEPOSITARY.

Depositary must deliver on demand.

No obligation to deliver without demand.

Place of delivery.

SECTION 1822. A depositary must deliver the thing to the person for whose benefit it was deposited, on demand, whether the deposit was made for a specified time or not, unless he has a lien upon the thing deposited, or has been forbidden or prevented from doing so by the real owner thereof, or by the act of the law, and has given the notice required by section one thousand eight hundred and twenty-five.

SEC. 1823. A depositary is not bound to deliver a thing deposited without demand, even where the deposit is made for a specified time.

SEC. 1824. A depositary must deliver the thing deposited at his residence or place of business, as may be most convenient for him.

SEC. 1825. A depositary must give prompt notice to the person for whose benefit the deposit was made, of any proceedings taken adversely to his interest in the thing deposited, which may tend to excuse the depositary from delivering the thing to him.

Sec. 1826. A depositary, who believes that a thing deposited with him is wrongfully detained from its true owner, may give him notice of the deposit; and if within a reasonable time afterwards he does not claim it, and sufficiently establish his right thereto, and indemnify the depositary against the claim of the depositor, the depositary is exonerated from liability to the person to whom he gave the notice, upon returning the thing to the depositor, or assuming, in

Notice to owner of adverse claim.

Notice to owner of thing wrongfully detained.

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