Page:The New International Encyclopædia 1st ed. v. 13.djvu/90

* MARITIME LAW. ro MARITIME PROVINCE. is deemed to be of a maritime nature so as to be within the jurisdiction of an admiralty court when in its essence it is purely maritime, relat- ing to commerce and navigation upon navigable waters as already defined, as contracts for the bet- terment of a vessel in aid of navigation or for the sustenance and relief of those engaged in conduct- ing commercial operations at sea. Thus a con- tract of partnership in a vessel is nut a mari- time contract, neither is a contract to build a vessel, nor is a preliminary agreement leading to a maritime contract, as a contract to procure marine insurance, within the jurisdiction of the admiralty court. For a fuller discvission of the various forms of maritime contracts and their iniidonts. see such special articles as Bottomry Bond; KK.>ii"M)KNT[A ; Charter-Party ; Af- KRKIGHT.ME.NT: .MARINE InSURA>"CE; SALVAGE; WlIARFAOE; DemIRRAGE. The jurisdiction of maritime courts also ex- tends to all prize causes growing out of captures of vessels, of ships of war or privateers, made upon navigable water, or started there, although consummated on land. In England the law of prize is administered fn a separate department uf the Admiralty Court, as distinguished from the instance court in admiralty. In the United ^^tates no distinction is made between prize and other admiralty causes, all being within the jurisdiction of the District Courts of the United States. By act of Congress captures made upon inland waters of the United States are deemed not to be prizes, and consequently are not within the admiralty jurisdiction of the United States courts. .See Prize: International Law. The adjustment of the rights of the parties to a marine venture in accordance with the prin- ciples of "general average' is also an important function of maritime courts, and the doctrines of general average are among the most important of the maritime law. (See paragraph on Arwrage, in Marine Insirance.) The ICnglish admiralty cdurts received jurisdiction over crimes com- mitted on the high seas outside the marine league Similar jnri-^diction is conferred on the United States District Courts, except over crimes pun- ishable by death, which are under the jurisdic- tion of the Circuit Courts. The peculiarities of maritime law and the character of the jurisdiction exercised by mari- time courts is best illustrated by the law relat- ing to maritime liens, which are enforced by proceedings in rem. See In Hem; Lien. A maritime contract may give rise to a mari- time lien when made for the benefit or assistance of a marine venture, and when made on the credit of the ve-~el rather than on the credit of the owner or charterer. There is a presumption that all contracts for necessary supplies and re- pairs to a ve,s.sel are made on the credit of the owner if in a home port, but upon the credit of the vessel if in a foreign port. The seamen and subordinate ollicers. but not the master of the ship, have a lien upon the ship for wages due. The marine carriers also have a lien for freight and dennirrage. Analogous fo the contract lien, although strict- ly not ba.sed on contract, is the lien which any party to a marine venture who has made a gen- eral average sacrifice has tipon vessel or cargo, or both, to secure eontributiim in general average. Jfaritime liens may also decide rx dilirto for all wrongs or injuries caused by the ship, or by col- lision, or by failure of the ship as a common car- rier to carry or deliver goods safely. It is a general principle of the maritime law that the master has the power, when necessity arises and he is unable to communicate with the owners, to sell both slii]) and cargo and confer a valid title on the purcliascr to sell free of liens, which then attach to the proceeds. Lienors do not share i/ro rata in the subject of the liens, but have priority according to their importance as contributing to the safety or preservation of the property. Thus, as between difterent voyages, liens have priority in the inverse order of their creation. In the same voyage the order of pri- ority is as follows: (1) Costs of litigation; (2) salvage; (3) salary of seamen, cost of supplies and repairs, bottomry and respondentia, pilotage and towage. The procedure of maritime law is extremely simple, never having been characterized by com- plex and technical rules, as was the procedure at common law. The most distinguishing charac- teristic is the power of the plaintiff to make the proceeding purely one in nm, that is, one di- rected solely to^rd the property which the plain-- tiff wishes to subject to the maritime lien which he claims. The procedure, however, may be at the plaintiff's option one in pursuance of which a personal judgment may be recovered against the defendant ; or. in the absence of rules of court to the contrary, it may be both in rem and in personam. The proceeding in admiralty is begun by tiling a libel (q.v.). Upon filing of the libel the court issues its writ or mesne process, which is executed by the marshal or correspond- ing officer by attaching the ir.s, if the proceeding is in rem, or by citing the respondent to appear and answer, if the proceeding is in personam. The respondent is then required to file his answer, or he may file exceptions, which correspond to the demurrer in an action at law. The issues raised are laid before a judge without a jury, or, as is more usually done, the testimony in the case is taken before a commissioner or correspond- ing officer, who reports it to the judge. The judge does not usually assess damages, but refers that question to a commissioner by an interlocutory judgment ; and upon the commissioner's report renders a final judgment fixing the rights of the parties. See Aomiralty Law; Coirts; Carrier, CoMMo.N; Master: etc.: and consult the authori- ties referred to under such titles. Consult, also, Abbott, Lair of Merchant Ships and Seamen (14th ed., London. 1!)03) : Pritchard. Pifiest of Admiralty and Maritime t,aw (3d ed., London, 1887), containing notes of cases on French and other foreign law; Parsons, Treatise on Maritime Lair ( Hiistdii. 18.58 K MARITIME PROVINCE (Russ. Primor- skaya (thlast ) . An eastern province of Siberia. It extends from the Arctic Ocean, where it reaches as far west as Tchaun Bay, to the northern boun- dary of Korea. Its western boundary runs alon..» the Stanovoi Mountains to about longitude I, 'JO" E.. then southeast and .south to the Amur (which traverses the province in a northeasterly direc- tion), then along the I'suri. which forms part of the boundary of Manchuria, and finally south- west to the Korean border, along the eastern frontier of Manchuria to Korea (Map: .Asia. O .3). Its area, including Kamtchatka (q.v.) and the island of .Saghalien (q.v.), is over 710,000 square miles. The northern portion, forming the