Page:United States Statutes at Large Volume 18 Part 1.djvu/899

 Trrmc x1.vm.—COMMERCE AND NAVIGATION.-Ch. G. 827 master or owner be liable for any such oods beyond the value and accordmgto the character thereof so notifiecf and entered. kno. 428% No owner of any vesseldshall be gliaplle to sinswer for or Loss by fire. ma egood oanypersonan oss or am ew ic mar a ntoan `—"* merchandise whatsoever, which shall be dhipped, takeii in?}:; put oh 43?sPi?;i’9}]»§h3§i board any such vessel, by reason or by means of any tire happening to or `WHTQ op board the vessel, unless such fire is caused by the design or neglect po,;],,?;; COD; o suc owner. ,3W 1., ; The City of Hartford and the Unit, 11 Blamh., 290. Bark Wmmi, 2 Satlv.,   4283. (The liabilitybof the owner offany vessel, for anydembezzle- Lisbixig of men, oss, or estruction, y any rson, o an roperty, oo s, or mer— °‘"'°'.“? °"‘ chandise, shipped or put on boardpdjf such vessel]? or for any? loss, damage,  or injury by collision, or for any act, matter, or thing. lost, damage, or  forfeitmre, done. occasioned, or incurred, without the privity, or knowl— N¢>¤‘Wi¤h_ Oomedge of such owner or owners, shall in no case exceed the amount or   ”·]g4"}¥g]i13 va gp of the interest of such owner in such vessel, and her freight then ,._ Mg, K] y fr] pen in. S e, 219. Sec.€4284. Whenever any such embezzlement, loss, or destruction is pG¤;;i·a1 average suffered by several freighters or owners of goods, wares, merchandise, or 0* l¤¤¤¤¤- any property whatever, on the same voyage, and the whole value of the Ibid_, ,,_ 4_ vessel, and her freight for the voyage, IS not sudicient to make compen- 2; pcb_ 1877 ,,_ sation to each of them, they shall receive com ensation from the owner 69, e·. 19, ip. 25i. of the vessel in proportion to their respective losses; and for that pur- mL_Q pose the freighters and [owner] [owners] of the property, and the owner my v_ wrgght, 13 of the vessel, or any of them, may take the appropriate proceedings in llVall., 104; The any court, for the purpose of apportioning the sum for which the owner S*“¤}b°¤'> City of of the vessel may be liable among the rties entitled thereto. N°'“"°b*1B°“·*89· Sec. 4285. It shall be deemed a sumzent compliance on the part of Transfer ot insuch owner with the requirements of this Title relating to his liability wmt Of OWMF *0 for any embezzlement, loss, or destruction of any property, goods, or mer- "““l“· ____ chandnse, if he shall transfer his interest in such vessel and freight, for 3 Mar., 1851, c. the benefit of such claimants, to a trustee, to be appointed by any court ‘*3·¤· *» V- Q}635- of competent jurisdiction, to act as such trustee for the person who ma Norwich Comprove to be legagy entitled thereto; from and after w ich transfer all  i·. Wright, 13 claims and proce ings against the owner shall cease. ¤ l·» 10*- Srzc. 4286. The charterer of any vessel, in case he shall man, victual, _ When charterer and navigate such vessel at his own expense, or by his own procurement, lf? ‘l§fm°d °W¤€[; shall be  the owner of such vessel within the meaning of the pro- 1bid_,E, 5,p_636_ visions of this Title relating to the limitation of the liability of the owners · TH ··  Ij,—·· of vessels; and such vessel, when so chartered, shall be liable in the m,,,,;]g,$,,u_:0"§ same manner as if navigated b the owner thereof. ’ ' Sec. 4287. Nothing in the five preceding sections shall be construed Remedies reto take away or aliect the remedy to which any party may be entitled, ¤¤¤*¤d- against the master, officers, or seamen, for or on account of any embez- ibid_, ,,_ 6_ z ement, injury, loss, or destruction of merchandise, or property, ut 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. bac. 4288. Any person shipping oil of vitriol, unslaked lime, intlam- Shipping irgflsmmable matches, or gunpowder,1n a vessel taking cargo for divers persons m°bl° ’““*°“°l°· on freight, without delivering, at the time of shipment. a note in writing, Ibid., s. 7. 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 aipply to any vessel of any description whatsoever used in rivers or inlan navigation. Sec. 4289. The provisions of [Mia Nile] Phe seven preceding sections] _ Ex ccption to relatingto the limitation of the liability; the owners of vessels, shal ];!{!**·°*·*°¤ °Y IW not appgy to the owners of any canal- t, barge, or lighter, or to any Htl" vesse 0 any description whatsoever used in rivers or in and navigation. Ibid_ 18 Feb., 1875, c. 80, v. 18, p. 320. ——Propeller Niagara v. Cordes, 21 How., 26; Moore i-. Transportation Company, 24 How., 1.