105 (U.S.C.C.A.N.Y.). Shipowner liable only for goods delivered.-The Capitaine Faure, 10 F. (2d) 950.

Action in rem lies for breach of contract of affreightment, where goods have been actually delivered on ship.-Id.

105 (U.S.D.C.La.) Cargo delivered at ship side according to contract was at carrier's risk. -The Olga S., 10 F. (2d) 801.

106 (U.S.C.C.A.N.Y.) Dock receipt not the contract governing right of shipper against shipowner, where "bill of lading" given.-The Capitaine Faure, 10 F. (2d) 950.

Master held entitled to sign bills of lading.

-Id.

Bills of lading, dated before arrival of vessel, and stamped "On board," after goods were placed on board without indicating date thereof, held unlawfully issued (Act Aug. 29, 1916 [Comp. St. §§ 8604aaa-8604w]).-Id.

Master has no power to bind shipowners by false bills of lading.-Id.

Statute prohibiting false bills of lading, enacted to prevent fraud, should not be construed to work fraud between shipper and ship owner (Act Aug. 29, 1916 [Comp. St. §§ 8604aaa-8604w]).-Id.

Bills of lading, falsely showing goods are aboard ship, held binding on ship, where goods are afterwards received on board and not transported to destination.-Id.

Master is owner's agent to sign bills of lading, and such contracts, entered into in good faith, bind ship.-Id.

Master's authority to bind ship and shipowner by signing bills of lading stated.-Id.

Where charter is demise of ship, shipowner is not liable on bills of lading signed by master.-Id.

Charter held not a demise of ship, and master, in signing bills of lading, bound ship.-Id. Master's approval and signing of bills of lading issued by subcharterer before arrival of ship held ratification thereof, binding on ship, Master's approval of issuance and delivery of bills of lading by subcharterer held ratification thereof, binding on vessel.-Id.

-Id.

Master's letter, authorizing subcharterer to sign bills of lading, held ratification, binding on ship.-Id.

Ship, discharging cargo for nonpayment of charter hire, held liable to shippers under bills of lading signed by master.-Id.

106 (U.S.D.C.N.Y.) Ship held to have ratified and adopted bills of lading signed by company for which charterer contracted to carry goods.-The Muskegon, 10 F. (2d) 817.

Bill of lading prima facie evidence of delivery to ship, but may be contradicted or explained. -Id.

120 (U.S.D.C.La.) Ship held liable for logs permitted to lie alongside overnight, while ship was lying in open roadstead.-The Olga S., 10 F. (2d) 801.

121(1) (U.S.C.C.A.Cal.) Duty to make ship seaworthy nondelegable.-Bethlehem Shipbuilding Corporation v. Joseph Gutradt Co., 10 F. (2d) 769.

121(1) (U.S.C.C.A.N.Y.) Warranty of seaworthiness is absolute, and covers latent defects, not ordinarily susceptible of detection.The Edith. 10 F. (2d) 684.

Due diligence in fastening in place cargo ports held not established.-Id.

in

121(1) (U.S.D.C.N.Y.) Patching leak tank with cement held not exercise of due diligence to make tank seaworthy.-The City of Dunkirk, 10 F. (2d) 609.

121(2) (U.S.D.C.N.Y.) Where tank leaked, allowing cargo of cocoanut oil to escape, vessel was unseaworthy in such respect.-The City of Dunkirk, 10 F. (2d) 609.

Test of "seaworthiness" stated.-Id.

123 (U.S.D.C.N.Y.) Ship, carrying turpentine on deck, held liable for barrels washed over

board and damaged turpentine.-The Muskegon, 10 F. (2d) 817.

125 (U.S.D.C.Mass.) Delays due to unseaworthiness held not "deviation," making vessel absolutely liable for cargo.-Palmer & Parker Co. v. U. S., 10 F. (2d) 214.

126 (U.S.C.C.A.N.Y.) Ship, having no part in discharge of cargo, is not liable after cargo clears rail.-The Bencleuch, 10 F. (2d) 49. Use of slings in unloading cargo of lemons held improper.-Id.

128 (U.S.D.C.N.Y.) Ship held not liable for decay of codfish shipped in summer.-The Muskegon, 10 F. (2d) 817.

130 (U.S.C.C.A.N.Y.) Shipper should mitigate damages by forwarding goods by other means, if possible, where ship wrongfully discharges cargo.-The Capitaine Faure, 10 F. (2d) 950.

131 (U.S.C.C.A.N.Y.) Where libelant is responsible for two years' delay after filing libels, interest will not run during that time.-The Bencleuch, 10 F. (2d) 49.

131 (U.S.C.C.A.N.Y.) As respects liability from breakage by handling on wharf, usua! amount of breakage in holds may be considered, in absence of proof of actual breakage in holds. -The Ellerdale, 10 F. (2d) 53.

131 (U.S.C.C.A.N.Y.) Shippers' measure of damages for ship's wrongful discharge of cargo stated.-The Capitaine Faure, 10 F. (2d) 950.

131 (U.S.D.C.N.Y.) Ship held liable for duplicate freight charges collected and expenses of watching, storage, etc.-The Muskegon, 10 F. (2d) 817.

Ship held not liable to shipper for loss by depreciation of lire on payment of purchase price two years after arrival at Italian port.-Id. (U.S.C.C.A.N.Y.) 132 (2) Allegation of agency of shipping company for United States Shipping Board Emergency Fleet Corporation would not support theory of undisclosed principal in suit for delay in shipment.—Mallory S. S. Co. v. Garfield, 10 F.(2d) 664.

must

132(3) (U.S.C.C.A.N.Y.) Libelant prove negligence of ship, after showing that loss was within exceptions contained in bills of lading. The Bencleuch, 10 F. (2d) 49.

Burden on libelant to distinguish recoverable from nonrecoverable damage.-Id.

132(3) (U.S.C.C.A.N.Y.) Libelant has burden of showing what goods were removed after notice required by bills of lading was given.— The Ellerdale, 10 F. (2d) 53.

Libelant must show condition of lemons when shipped, when not shown by bills of lading, to recover for lemons removed by board of health. -Id.

132(5) (U.S.C.C.A.N.Y.) More than usual loss from breakage is not prima facie evidence of negligence in stowage.-The Bencleuch, 10 F.(2d) 49.

Evidence held to show that cargo of lemons was properly stored.-Id.

Admission in bills of lading that lemons were received in apparent good order and condition only creates prima facie proof that lemons, so far as visible, were not damaged.-Id.

132(5) (U.S.D.C.Mass.) Evidence held to show that vessel was unseaworthy when it commenced voyage.-Palmer & Parker Co. v. U. S., 10 F.(2d) 214.

to 132(5) (U.S.D.C.N.Y.) Evidence held show that tank in which cocoanut oil was shipped was not liquid-tight.-The City of Dunkirk, 10 F. (2d) 609.

132 (5) (U.S.D.C.N.Y.) Ship held liable for shortage of steel rails which bill of lading showed were delivered to it.-The Muskegon, 10 F. (2d) 817.

132(6) (U.S.C.C.A.N.Y.) Actual seaworthiness or due diligence is question of fact, determinable by admiralty court on the evidence.The Edith, 10 F. (2d) 684.

Art. 1, § 8, cl. 5.

Amend. 4

813
515
.492, 736, 781
Amend. 5 .492, 606, 711, 759, 781, 977, 986
358, 492
657
.139, 236, 252, 759, 830
.694, 973

Amend. 6

Amend. 8

Amend. 14

Amend. 18

96, 212, 851, 872
1890, Aug. 19, ch. 802, § 1, art. 18, rule 1,
26 Stat. 326.

677
1893, Feb. 13, ch. 105, 27 Stat. 445.
49, 214, 684, 801
1893, Feb. 13, ch. 105, § 1, 27 Stat. 445..
244, 684
1893, Feb. 13, ch. 105, § 2, 27 Stat. 445..
244, 609
1893, Feb. 13, ch. 105, § 3, 27 Stat. 445..
684, 981
1893, March 2, ch. 196, 27 Stat. 531....74, 132
1893, March 2, ch. 197, 27 Stat. 532..
1894, Aug. 24, ch. 328, 28 Stat. 501.
1894, Aug. 27, ch. 349, § 25, 28 Stat. 552..
1896, April 1, ch. 87, 29 Stat. 85.
1897, June 4, ch. 2, 30 Stat. 11. Amend-
ed 1900, June 6, ch. 791, 31 Stat. 588.. 637
1897, June 7, ch. 4, § 1, art. 18, rule 8, 30
Stat. 101.

993

993

41

132

424

§ 67d, e.

41

8 70

301
778

§ 70a

1898, July 1, ch. 541, 30 Stat. 544. See
Bankruptcy Act.

926

§ 70e

153

1899, March 3, ch. 441, 30 Stat. 1354.... 15
1900, April 12, ch. 191, 31 Stat. 77.

788.

1900, April 12, ch. 191, § 3, 31 Stat. 77... 788
1900, June 6, ch. 791, 31 Stat. 588.
1903, March 2, ch. 976, 32 Stat. 943.
1905, Feb. 20, ch. 592, 33 Stat. 724...625, 656
1905, Feb. 20, ch. 592, § 5, 33 Stat. 725..

637

132

.355, 401
.401, 409
.572, 711
455

646, 904
1905, Feb. 23, ch. 735, 33 Stat. 737.. 993
1905, March 3, ch. 1434, 33 Stat. 1001. 999
1906, June 29, ch. 3592, § 4, 34 Stat. 596 585
1906, June 29, ch. 3592, § 4(7), 34 Stat.
596. Amended 1918, May 9, ch. 69, 40
Stat. 542.

560

622

585
1908, April 22, ch. 149, 35 Stat. 65.. 47, 140
1908, April 22, ch. 149, 35 Stat. 65.
Amended 1910, April 5, ch. 143, 36 Stat.
291

132

8 28

368

1909, Feb. 9, ch. 100. 35 Stat. 614.
Amended 1914, Jan. 17, ch. 9, 38 Stat.
275; 1922, May 26, ch. 202, 42 Stat. 596 352
1909, March 4, ch. 321, 35 Stat. 1088. See

Criminal Code.

657

1909, Aug. 5, ch. 6, 36 Stat. 11..
1910, April 5, ch. 143, 36 Stat. 291..
1910, April 14, ch. 160, 36 Stat. 298....
1910, April 14, ch. 160, §§ 2, 3, 36 Stat. 298 132
1910, June 23, ch. 373, 36 Stat. 604..... 214
1910, June 25, ch. 395, 36 Stat. 825.. 768
1910, June 25, ch. 395, §§ 1-3, 36 Stat. 825, 106
1910, June 25, ch. 412, § 6, 36 Stat. 839.. 119
1911, Feb. 17, ch. 103, 36 Stat. 913.
1911, Feb. 17, ch. 103, § 2, 36 Stat. 913.. 74
1911, Feb. 17, ch. 103, § 2, 36 Stat. 913.
Amended 1915, March 4, ch. 169, § 1, 38
Stat. 1192..

41

132

132

132

74

Judicial Code.

1919, Oct. 28, ch. 85, tit. 2, § 4, 41 Stat.
309

17

1913, March 4, ch. 150, 37 Stat. 938..... 999
1913, March 4, ch. 150, § 8(96), 37 Stat.
995

1919, Oct. 28, ch. 85, tit. 2, §§ 5, 9, 41 Stat.
309, 311.

887

1913, Oct. 3, ch. 16, 38 Stat. 114.

1913, Oct. 3, ch. 16, § III, N, 38 Stat. 187
1914, Jan. 17, ch. 9, 38 Stat. 275.
1914, Jan. 20, ch. 11, 38 Stat. 278.
1914, Sept. 2, ch. 293, 38 Stat. 711..
1914, Oct. 15, ch. 323, § 16, 38 Stat. 737..
1914, Dec. 17, ch. 1, 38 Stat. 785...
1914, Dec. 17, ch. 1, §§ 1, 6, 38 Stat. 785,
789. Amended 1919, Feb. 24, ch. 18, §§
1006, 1007, 40 Stat. 1130, 1132..
1915, March 4, ch. 153, § 4, 38 Stat. 1165
1915, March 4, ch. 153, § 11(a), 38 Stat.
1168. Amended 1920, June 5, ch. 250, §
32, 41 Stat. 1006.
1915, March 4, ch. 153, § 11(e), 38 Stat.
1168

999
41
41
352

234

234

1915, March 4, ch. 169, 38 Stat. 1192.. 132
1915, March 4, ch. 169, § 1, 38 Stat. 1192 74
1916, Aug. 29, ch. 415, 39 Stat. 538.
1916, Aug. 29, ch. 415, § 41, 39 Stat. 544 102
1916, Aug. 29, ch. 417, 39 Stat. 587. 416
1916, Sept. 6, ch. 448, § 4, 39 Stat. 727..
70
1916, Sept. 8, ch. 463, 39 Stat. 756... 764
1917, Feb. 5, ch. 29, § 3, 39 Stat. 875..38, 433
1917, Feb. 5, ch. 29, § 3, proviso 7, 39
Stat. 875....

950

1919, Oct. 29, ch. 89, 41 Stat. 324.
1919, Oct. 29, ch. 89, § 3, 41 Stat. 325.
1919, Oct. 29, ch. 89, § 4, 41 Stat. 325.
1919, Oct. 29, ch. 89, § 5, 41 Stat. 325.
1920, Feb. 28, ch. 91, 41 Stat. 456.
1920, Feb. 28, ch. 91, § 206, 41 Stat. 461.. 242
1920, March 1, ch. 92, 41 Stat. 500..
1920, March 1, ch. 92, §§ 4, 5, 41 Stat. 500,
501

124

460

444

372

622

986

986

214

371

788

378

433
1917, Feb. 5, ch. 29, § 33, 39 Stat. 896. 433
1917, Feb. 5, ch. 29, § 34, 39 Stat. 896..
433, 980
1917, March 4, ch. 180, 39 Stat. 1168.. 289
1917, May 18, ch. 15, § 5, 40 Stat. 80. 751
1917, June 15, ch. 30, tit. 11, 40 Stat. 228 736
1917, June 15, ch. 30, tit. 11, § 6, 40 Stat.
229
570
1917, Aug. 10, ch. 53, § 4, 40 Stat. 277. 363
1917, Aug. 10, ch. 53, § 5, 40 Stat. 277... 467
1917, Oct. ch. 63, 40 Stat. 300.
1917, Oct. 3, ch. 63, §§ 207, 209, 210, 40
Stat. 306, 307...

1920, March 9, ch. 95, 41 Stat. 525.
1920, March 30, ch. 111, 41 Stat. 537.
1920, March 30, ch. 111, § 5, 41 Stat. 537 371
1920, June 5, ch. 250, 41 Stat. 988..
47
1920, June 5, ch. 250, § 32, 41 Stat. 1006 234
1920, June 5, ch. 250, § 33, 41 Stat. 1007.. 799
1921, Nov. 23, ch. 134, § 2, 42 Stat. 222. 339
1921, Nov. 23, ch. 137, 42 Stat. 322..
1922, May 26, ch. 202, 42 Stat. 596.
1922, Sept. 21, ch. 356, 42 Stat. 858.
1922, Sept. 21, ch. 356, schedule 8, pars.
802, 813, 42 Stat. 897, 898.

455

35

Amended 1899, March 3, ch. 441,

15

$$ 359, 362, 363....
§ 566..

...