Second Edition, in 8vo., 1875, price 26s., cloth, THE LAW AND PRACTICE UNDER THE COMPANIES ACTS, 1862, 1867, 1870; THE LIFE ASSURANCE COMPANIES ACTS, AND OTHER ACTS RELATING TO JOINT STOCK COMPANIES, Together with Rules, Orders, and Forms, &c. &c. By H. BURTON BUCKLEY, M.A., of Lincoln's Inn, Barrister-at-Law, and Fellow of Christ's College, Cambridge. In the preparation of the Second Edition the Reports have been carefully re-searched, and numerous authorities added. Table A. of The Companies Act, 1862, is now printed with Notes, in which many points not touched upon in the First Edition are discussed. The authorities, including those in the Albert and European Arbitrations, are brought down to the date of publication. EUROPEAN ARBITRATION. In Parts, price 75. 6d. each, sewed, LORD WESTBURY'S DECISIONS. ALBERT ARBITRATION. In Parts, price 7s. 6d. each, sewed, LORD CAIRNS'S DECISIONS. In 8vo., 1871, price 21s., cloth, A TREATISE ON THE STATUTES OF ELIZABETH AGAINST The Bills of Sale Registration Acts, and the Law of Voluntary BY H. W. MAY, B.A. (Ch. Ch. Oxford), "This treatise has not been published before it was wanted. The statutes of Elizabeth against fraudulent conveyances have now been in force for more than three hundred years. The decisions under them are legion in number, and not at all times consistent with each other. An attempt to reduce the mass of decisions into something like shape, and the exposition of legal principles involved in the decisions, under any circumstances, must have been a work of great labour, and we are pleased to observe that in the book before us there has been a combination of unusual labour with considerable professional skill. We can not conclude our notice of this work without saying that it reflects great credit on the publishers as well as the author. The facilities afforded by Messrs. Stevens and Haynes for the publication of treatises by rising men in our profession are deserving of all praise. We feel assured that they do not lightly lend their aid to works presented for publication, and that in consequence publication by such a firm is to some extent a guarantee of the value of the work published."-Canada Law Journal. and of Lincoln's Inn, Barrister-at-Law. "Examining Mr. May's book, we find it constructed with an intelligence and precision which render it entirely worthy of being accepted as a guide in this confessedly difficult subject. The subject is an involved one, but with clean and clear handling it is here presented as clearly as it could be.. .. On the whole, he has produced a very useful book of an exceptionally scientific character." -Solicitors' Journal. "The subject and the work are both very good. The former is well chosen, new, and interesting: the latter has the quality which always distinguishes original research from borrowed labours." -American Law Review. "We are happy to welcome his (Mr. May's) work as an addition to the, we regret to say, brief catalogue of law books conscientiously executed. We can corroborate his own description of his labours, 'that no pains have been spared to make the book as concise and practical as possible, without doing so at the expense of perspicuity, or by the omission of any important points."-Law Times. STEVENS & HAYNES, BELL YARD, TEMPLE BAR. 23 In two volumes, royal 8vo., 1875, price 70s., cloth lettered, THE LAW RELATING TO SHIPMASTERS AND SEAMEN. THEIR APPOINTMENT, DUTIES, POWers, rightS, LIABILITIES AND REMEDIES. BY JOSEPH KAY, Esa., M.A., Q.C., OF TRIN. COLL. CAMBRIDGE, AND OF THE NORTHERN CIRCUIT; SOLICITOR-GENERAL OF THE COUNTY PALATINE OF DURHAM; ONE OF THE JUDGES OF THE COURT OF RECORD FOR THE HUNDRED OF SALFORD; Part I.-THE PUBLIC AUTHORITIES. Chap. I. The Board of Trade: its General Functions with reference to Masters and Seamen. II. Local Marine Boards. III. Mercantile Marine Offices. IV. Naval Courts. Part II.-THE APPOINTMENT, CERTIFICATES, &c., OF THE MASTER. Chap. I. Who may appoint or succeed him, and how long his authority continues. II. His Qualifications. III. His Examination and Certificates. IV. In what cases Colonial Certificates are valid. V. His Remuneration. VI. Who may remove him, or cancel or suspend his Certificate. VII. His Offences. VIII. Legal Procedure for infliction of Penalties, &c. Part III.-DUTIES AND RESPONSIBILITIes of THE MASTER. Chap. I. The Master's general duties and authorities on the Voyage. II. His duty to see that the Ship is seaworthy. III. His duties with respect to receiving, stowing, and taking care of the Cargo. IV. His duty in the preparation of the Ship for sea. V. His duties when the Ship has to proceed to a Foreign Port and load there. VI. His duty to obtain the necessary Clearances, &c. VII. What Documents he must procure and keep. VIII. His duty to carry proper Colours. IX. His duties after all is ready to Sail. X. When he is bound to set Sail on the Voyage. XI. When he must sail with Convoy. XII. His duty not to deviate. XIII. His duty not to delay. XIV. What circumstances justify or excuse a delay or a deviation. XV. His duty not to commit Barratry. XVI. His duties in case of a Collision. XVII. His duties to the Underwriters on abandonment. XVIII. His duties in a Port of Discharge. XIX. His duties to the authorities of the Harbour. XX. The Master's Protests. Part IV.-THE MASTER'S DUTIES AND POWERS WITH RESPECT TO THE CARGO. Chap. I. Generally. II. His duties with respect to receiving, stowing, and taking care of the Cargo. III. When he may Hypothecate the Cargo. IV. When he may Sell it. V. When he should Tranship it. VI. Freight. VII. His lien on the Cargo. VIII. His duties with reference to Delivery. Part V.-BILLS OF LADING. Chap. I. What a Bill of Lading is, and its form. II. When Master may sign Bills of Lading. III. The effect of the Bill of Lading as evidence. IV. When and how the Bill of Lading may be Transferred. V. The effect of the Transfer of the Bill of Lading upon the PROPERTY in the goods named in the Bill. VI. The effect of the Transfer of the Bill of Lading upon the CONTRACT contained in the Bill of Lading. VII. The effect of the Bill of Lading upon the liabilities of Owners, Master and Charterers. VIII. The Master's duties as to delivery of the Goods. IX. The meaning of the exceptions in the Bill of Lading. For Reviews of the Work, see post. 24 STEVENS & HAYNES, BELL YARD, TEMPLE BAR. THE LAW RELATING TO SHIPMASTERS AND SEAMEN. ANALYSIS OF CONTENTS-continued. Part VI.-STOPPAGE IN TRANSITU. Chap. I. What it is. II. Who may exercise the right. III. Under what circumstances the Consignor is entitled to exercise the right. IV. In what manner the right may be exercised. V. How long the transit and the right to stop continue. VI. How the right to stop may be defeated. VII. Master's duties as to delivery. VIII. The effect of the exercise of this right on the Contract of Sale. Part VII.-WHEN THE MASTER MAY MAKE THE OWNERS LIABLE UPON HIS PERSONAL CONTRACTS. Chap. I. When he may bind them in Contracts relating to the usual course of the Ship's employment. II. When he may bind them for matters which are necessary for the prosecution of the voyage. III. What Owners are made liable by the Master's Contracts. IV. When the Master may sell the Ship. Part VIII.-HYPOTHECATION. Chap. I. The form, contents, and nature of the Contract. II. Under what circumstances the Master may Hypothecate the Ship. III. The legal effect and operation of the Contract. IV. Under what circumstances the Master may Hypothecate the Freight. V. Under what circumstances the Master may Hypothecate the Cargo. Part IX.-THE CREW. Chap. I. Interpretation of Terms. II. Seamen, how protected and regarded by the Courts. III. The duties of the Crew. IV. As to Apprentices. V. The engagement of Seamen. VI. Allotment of Wages. VII. Discharge and Payment of Wages. VIII. Remittance of Wages and Savings Bank for Seamen. IX. Legal rights to Wages. X. Mode of recovering Wages and Seamen's lien. XI. Relief to Seamen's Families out of Poor Rates. XII. Wages and Effects of deceased Seamen. XIII. Leaving Seamen abroad. XIV. Volunteering into the Navy. XV. Provisions, Health, and Accommodation. XVI. Power of making Complaint, and protection of Seamen from Imposition. XVII. Discipline, and forfeiture of Wages. XVIII. Legal Procedure. Part X-PILOTS. Chap. I. Origin of Pilots. II. Definition o Terms used by and application of Sections of Merchant Shipping Act relating to Pilots. III. Pilotage authority. IV. Lcensing of Masters and Mates. V. Pilot Boats and Pilot Licenses. VI. What signals must be used and displayed when a Pilot is wanted. VII. When it is the Master's duty, irrespective of the Statute, to employ a Pilot, and the consequences of his not doing so. VIII. Compulsory Pilotage. IX. The Master's duties and authority while the Pilot is in charge of the Ship. X. The authority of the Pilot while the Ship is under his care. XI. The Limitation of the Liability of Owners and Master where Pilotage is compulsory. XII. Rights, Privileges, and Remuneration of Pilots. XIII. Offences of Pilots. XIV. The Trinity House. XV. When Pilots may claim Salvage. Part XI.-PAssengers. Chap. I. The Master's authority over the Passengers. II. The Master's duties to the Passengers irrespective of the Statutes. III. The Rights and Liabilities of Passengers under their contract irrespective of the Statutes. IV. The Statutable Provisions for the Protection of the Passengers. V. Penalties on Drunken or Disorderly Passengers on a Passenger Steamer. Part XII.-COLLISIONS. Chap. I. Liability of Masters and Owners for Damage by Collision. II. Rights of the Parties in a Court of Common Law when both Ships have been in Fault. III. If the Collision was the consequence of unavoidable Accident, neither party can recover either in a Court of Law or the Court of Admiralty. IV. What Remedy Owners of Injured Ship have in the Court of Admiralty. V. The Law relating to Sailing Ships, Steam Ships, and Lights, prior to 25 & 26 Vict. c. 63. VI. The Statutable Provisions and Regulations now in Force for preventing Collisions at Sea, with Diagrams. VII. The Cases decided upon the Regulations. VIII. Duties of Master in case of Collision. Part XIII.-SALVAGE. Chap. I. What Salvage Services are, and when they should be rendered. II. When Salvage Reward is payable. III. Who may claim as Salvors. IV. What claim Salvors have when there are several sets. V. What Amount will be awarded to Salvors. VI. The Apportionment of the Salvage. VII. What conduct forfeits the whole or part of the Salvage. VIII. What remedies the Salvors have for securing the payment of the Salvage. IX. Wrecks and Casualties. Part XIV. THE MASTER'S REMEDIES. Chap. I. The Master's remedies before "The Merchant Shipping Act, 1854." II. The Suitable Provisions as to his remedies. III. The Master's remedies since "The Merchant Shipping Act, 1854," and "The Admiralty Court Act, 1861." IV. When the Master may sue in his own name. V. When the Master may sue the Owners. Part XV.-THE MASTER'S LIABILITIES. Chap. I. Liability of Master on Contracts entered into for the Owners. II. Liability of the Masters for Wrongs. III. Liability of Master under the Customs Acts. APPENDIX. Forms, Rules, Regulations, &c. For Reviews of the Work, see next page. STEVENS & HAYNES, BELL YARD, TEMPLE BAR. THE LAW RELATING TO SHIPMASTERS AND SEAMEN. REVIEWS OF THE WORK. From the NAUTICAL MAGAZINE, July, 1875. "The law-books of the present day are mostly of two classes: the one written for lawyers, and only to be understood by them; the other intended for the use of non-professional readers, and generally in the form of handy books. The first, in the majority of cases, is of some benefit, if looked upon merely as a compilation containing the most recent decisions on the subject; whilst the second only aims, and not always with success, at popularising some particular branch of legal knowledge by the avoidance of technical phraseology. "It is rarely that we find a book fulfilling the requirements of both classes; full and precise enough for the lawyer, and at the same time intelligible to the non-legal understanding. Yet the two volumes by Mr. Kay on the law relating to shipmasters and seamen will, we venture to say, be of equal service to the captain, the lawyer, and the Consul, in their respective capacities, and even of interest to the public generally, written as it is in a clear and interesting style, and treating of a subject of such vast importance as the rights and liabilities and relative duties of all, passengers included, who venture upon the ocean; more than that, we think that any able-seaman might read that chapter on the crew with the certainty of acquiring a clearer notion of his own position on board ship. "Taking the whole British Empire, the tonnage of sailing and steam vessels registered in the year 1873 was, we learn in the preface, no less than 7,294,230, the number of vessels being 36,825, with crews estimated, inclusive of masters, at 330,849; but the growth of our mercantile fleet to such gigantic proportions is scarcely attributable to any peculiar attention on the part of the Legislature to its safety and welfare, for, as Mr. Kay justly says, 'it is remarkable that in England, the greatest maritime State the world has ever seen, no proper precautions were taken before the year 1850 to protect the public from the appointment of ignorant and untrustworthy men to these important posts the command of vessels, in which property and life are committed to them under circumstances which necessarily confer almost absolute power and at the same time preclude for long periods the possibility of any supervision.' The French, he tells us, had an ordinance as early as the year 1584, requiring the master to be examined touching his experience, fitness, and capacity. But in England the indifference on this subject was more apparent than real; it arose, we believe, out of the dislike of interference with personal concerns and private enterprise which is so strongly marked in our national character, nor must we forget that some of the most glorious achievements in our nautical annals have been accomplished by men not strictly trained to the sea, and this fact, no doubt, contributed to the reluctance manifested by the Legislature to apply the principles of paternal government to the protection of our seamen; for the going and coming of hundreds of thousands over the ocean for the purposes of business or pleasure had then but 25 lately commenced; and, moreover, probably it was feared that too much care for the welfare of our seamen would have the effect of diminishing the hardihood, self-reliance, and daring which had up to that time made them the envy of the world. "In 1854 the Merchant Shipping Act was passed, repealing the Act of 1850. Under its provisions the Board of Trade received its present extensive authority over merchant ships and seamen, Local Marine Boards were constituted for the examina. tion of masters and mates of foreign-going and home passenger ships, Mercantile Marine officers established for the registration of seamen, and Naval Courts for the investigation of complaints against masters, and other matters. Without doubt the result of this system of compulsory examination has been beneficial, and the master may also possess those other qualifications which cannot be subjected to examination. But it is not enough now-a-days that he should be honest, skilful, courageous, and firm; he must also, if he would steer clear of rocks other than those marked on the chart, be something of a lawyer. This, it might seem, would apply equally to all men having the conduct of important interests, and coming into contact with large numbers of men, but to no one else is so large a discretionary power granted, and the very fact that his use of it is not very severely scrutinised, only adds to the caution with which it should be exercised. And then there are many incongruities in his position. He may have a share in a ship, and yet he is but the agent of the other owners; though, if he has no share, and in a case of necessity hypothecate the ship, he also binds himself in a penalty to repay the sum borrowed. We can make no charge of redundancy or omission against our author; but if we were called upon to select any one out of the fifteen parts into which the two volumes are divided as being especially valuable, we should not hesitate to choose that numbered three, and entitled 'The Voyage.' There the master will find a succinct and compendious statement of the law respecting his duties, general and particular, with regard to the ship and its freight from the moment when, on taking command, he is bound to look to the seaworthiness of the ship, and to the delivery of her log at the final port of destination. In Part IV. his duties are considered with respect to the cargo, this being a distinct side of his duplicate character, inasmuch as he is agent of the owner of the cargo just as much as the owner of the ship. "Next in order of position come 'Bills of Lading' and 'Stoppage in Transitu.' We confess that on first perusal we were somewhat surprised to find the subject of the delivery of goods by the master given priority over that of bills of lading; the logical sequence, however, of these matters was evidently sacrificed, and we think with advantage to the author's desire for unity in his above-mentioned chapters on 'The Voyage.' That this is so is evidenced by the fact that after his seventh chapter 26 STEVENS & HAYNES, BELL YARD, TEMPLE BAR. THE LAW RELATING TO SHIPMASTERS AND SEAMEN. REVIEWS OF THE WORK-continued. on the latter subject he has left a blank chapter with the heading of the former and a reference ante. 'The power of the master to bind the owner by his personal contracts,' 'Hypothecation,' and 'The Crew,' form the remainder of the contents of the first volume, of which we should be glad to have made more mention, but it is obviously impossible to criticize in detail a work in which the bare list of cited cases occupies forty-four pages. "The question of compulsory pilotage is full of difficulties, which are well summed up by Mr. Kay in his note to page 763:-'In the United States no ship is bound to take on board a pilot either going in or coming out of the harbour, but if a pilot offers and is ready, the ship must pay pilotage fees whether he is taken on board or not.' Ships do not exist for pilots, but pilots for ships, so that this option in the use of the pilot, and obligation in the matter of fees, appears to us to be exactly that solution of the difficulty which should not have been arrived at; and, moreover, it is open to the first objection urged by Mr. Kay against the compulsory system of pilotage, which is, that it obliges many ships which do not require pilots to pay for keeping up a staff for those who do. Seven other cogent reasons, for which we must refer the reader to the book itself, though most of them, indeed, will instantly present themselves to the minds of sailors without even an effort of memory, are noted. Section 338 of the Merchant Shipping Act provides that no owner or master of any ship shall be answerable to any person whatever for any loss or damage occasioned by the fault or incapacity of any qualified pilot acting in charge of such ship within any district where the employment of a pilot is compulsory by law. If he interferes to correct the pilot in the handling of a ship, with the peculiarities of which the latter cannot generally be acquainted, he may render himself and the owners liable in case of accident, and so a premium is offered to his indifference, proof being always required that the damage was occasioned solely by the pilot's neglect or fault, to entitle the owners to the benefit of this section. The decision in the case of the General de Caen well illustrates some of the difficulties surrounding the subject. She was a French ship upon the Thames, where the employment of a pilot is compulsory, and she, therefore, took on board a pilot as well as a waterman to take the wheel in consequence of none of the crew being able to understand English. The waterman put her helm up instead of luffing as the pilot ordered, whereby a barge was run into and damaged. The French owner claimed under Section 389 of 17 and 18 Vic., c. 104. It was held that the pilot was not answerable for the waterman's incapacity or fault; that the pilot gave the proper orders; that it would be contrary to justice to say that the pilot was solely liable for the collision; that the waterman was the servant of the owners, and that they, therefore, were liable. The real question at issue seems to have been whether the English pilot ought to have spoken French or the French ship to have had on board a helmsman who could understand English, and the corollary, when the decision had been given in favour of the former, that the Govern ment officer, when engaging the helmsman, was "It is for the interest and security of commerce and navigation that it should be generally known that the amount of service rendered is not the only or proper test by which the amount of salvage reward is estimated, but the Court will grant to successful salvage an amount which much exceeds a mere remuneration for work and labour in order that the salvors should be encouraged to run the risk of such enterprises and go promptly to the succour of lives or vessels in distress, though they must take care that they do not by their subsequent conduct forfeit their claims to such reward. "That it should be necessary to entice men by money to save the lives of their fellow-creatures is not a matter for congratulation; still it was no doubt to some extent anomalous that formerly, whilst large proportionate sums were paid for the recovery of property, for the rescuing of human life unless associated with property, no salvage reward could be recovered. But by Section 458 of the Merchant Shipping Act the preservation of human life is made a distinct ground of salvage reward, with priority over all other claims for salvage where the property is insufficient, and if the value of the property is not adequate to the payment of the claim for life salvage alone, the Board of Trade is empowered to award to the salvors such sum as it deems fit, either in part or whole satisfaction. "There is, perhaps, no species of service liable to a greater variety of circumstances under which it can be performed than salvage. Consequently we cannot be surprised that questions of this kind fre quently come before the Courts, and that the number of decided cases is very large; but Mr. Kay has succeeded in an admirable way in extracting the main points connected with each case, and in presenting them in as few words as possible. Of course fuller information may sometimes be required, but the reader will then know where to find it. "In conclusion, we can heartily congratulate Mr. Kay upon his success. His work everywhere bears traces of a solicitude to avoid anything like an obtrusive display of his own powers at the expense of the solid matter pertaining to the subject, whilst those observations which he permits himself to make are always of importance and to the point; and in face of the legislation which must soon take place, whether beneficially or otherwise, we think his book, looking at it in other than a professional light, could scarcely have made its appearance at a more opportune moment." |