prohibiting the traffic in or transportation of those substances, between persons or places lying or being within their respective territorial limits, or from prohibiting the introduction thereof into such limits, for sale, use, or consumption therein.

§ 4281. Liability as carriers.-If any shipper of platina, gold, gold dust, silver, bullion, or other precious met als, coins, jewelry, bills of any bank or public body, diamonds, or other precious stones, or any gold or silver in a manufactured or unmanufactured state, watches, clocks, or time-pieces of any description, trinkets, orders, notes, or securities for payment of money, stamps, maps, writings, title-deeds, printings, engravings, pictures, gold or silver plate or plated articles, glass, china, silks in a manufactured or unmanufactured state, and whether wrought up or not wrought up with any other material, furs, or lace, or any of them, contained in any parcel, or package, or trunk, shall lade the same as freight or baggage, on any vessel, without at the time of such lading giving to the master, clerk, agent, or owner of such vessel receiving the same a written notice of the true character and value thereof, and having the same entered on the bill of lading therefor, the master and owner of such vessel shall not be Itable as carriers thereof in any form or manner; nor shall any such master or owner be liable for any such goods beyond the value and according to the character thereof so notified and entered.

§ 4282. Loss by fire.-No owner of any vessel shall be liable to answer for or make good to any person any loss or damage which may happen to any merchandise whatsoever, which shall be shipped, taken in, or put on board any such vessel, by reason or by means of any fire happening to or on board the vessel, unless such fire is caused by the design or neglect of such owner.

This section exempts the owners from liability for the negligence of their officers and agents, in which the owners have not directly par ticipated-Walker v. Transp. Co. 3 Wall. 150. Restriction of liabilityCity of Hartford v. Mint, 11 Blatchf. 290. The part owners personally, and also their interest in the vessel, are exempted from liabil ity The Bark Whistler, 2 Sawy. 348. And see Norwich Co. v. Wright, 13 Wall. 104; Moore v. Amer. Trans. Co. 24 How. 1; Desty S. & A. § 262.

§ 4283. Liability of owner not to exceed his interest. The liability of the owner of any vessel, for any embezzlement, loss, or destruction, by any person, of any property, goods, or merchandise, shipped or put on board of such vessel, or for any loss, damage, or injury by

collision, or for any act, matter, or thing, lost, damage, or forfeiture, done, occasioned, or incurred, without the privity or knowledge of such owner or owners, shall in no case exceed the amount or value of the interest of such owner in such vessel, and her freight then pending.

The Act of Congress limiting the liability of ship-owners is not retrospective-Kelley v. Kelso, 5 Ohio St. 198; Desty S. & A. §§ 45, 262. The owners are responsible for all the obligations of the master, ex contractu, to the full amount; but for his obligations, ex delicto, they are not liable beyond the value of the vessel and freight, or of their interest in the ship and cargo-The Rebecca, 1 Ware, 188; Stinson v. Wyman, 2 Ware, (Dav.) 172; Joy v. Allen, 2 Wood. & M. 318; Porter v. Andrews, 7 Johns. 350; Ramsay v. Allegre, 12 Wheat. 611; Thomas v. Osborn, 19 How. 38; Desty S. & A. § 38. Section three of the act of Congress does not limit or affect the liability of the owners for loss, damage, or injury resulting through the fault of such vessel to another vessel and her cargo from a collision-Wright v. Norwich & N. Y. T. Co. 8 Blatchf. 28; Moore v. American T. Co. 24 How. 1; Ryegate v. Wandsboro, 30 Vt. 746; Simonds v. Powers, 28 Vt. 354. Owners in fault liable to extent of freight then pending-Allen v. Mackay, 1 Sprague, 219. "Freight" includes earnings of vessel in transporting goods of her owners-Allen v. Mackay, 1 Sprague, 219.

§ 4284. General average of losses.-Whenever any such embezzlement, loss, or destruction is suffered by several freighters or owners of goods, wares, merchandise, or any property whatever, on the same voyage, and the whole value of the vessel, and her freight for the voyage, is not sufficient to make compensation to each of them, they shall receive compensation from the owner of the vessel, in proportion to their respective losses; and for that purpose the freighters and owner of the property, and the owner of the vessel, or any of them, may take the appropriate proceedings in any court, for the purpose of apportioning the sum for which the owner of the vessel may be liable among the parties entitled thereto.

The word "owner" in the seventh line stricken out, and the word "owners" inserted-Amendatory Act 27th February, 1877; 19 U. S. Stats. 251-Norwich Co. v. Wright, 13 Wall. 122; The City of Norwich, 1 Ben. 89; Desty S. & A. § 290.

§ 4285. Transfer of interest to trustee. It shall be deemed a sufficient compliance on the part of such owner with the requirements of this Title relating to his liability for any embezzlement, loss, or destruction of any property, goods, or merchandise, if he shall transfer his interest in such vessel and freight, for the benefit of such claimants, to a trustee, to be appointed by any court of competent jurisdiction, to act as such trustee for the person who may prove to be legally entitled thereto; from and after which transfer all claims and proceedings against

the owner shall cease.

Norwich Co. v. Wright, 13 Wall. 104.

§ 4286. When charterer is deemed owner.-The charterer of any vessel, in case he shall man, victual, and navigate such vessel at his own expense, or by his own procurement, shall be deemed the owner of such vessel within the meaning of the provisions of this Title relating to the limitation of the liability of the owners of vessels; and such vessel, when so chartered, shall be liable in the same manner as if navigated by the owner thereof.

When a vessel is navigated under the entire control, and for the exclusive benefit of a third person, such person pro hac vice is the owner and liable for supplies-Jones v. Bluni, 2 Rich. 475; Webb v. Pierce, 1 Curt. 104; 5 Law Rep. N. S. 9; Mayo v. Snow, 2 Curt. 102; 7 Law Rep. N. S. 495; Fox v. Holt, 36 Conn. 558; Houston v. Darling, 16 Me. 413. The owner pro hac vice is personally liable-Thorp v. Hammond, 12 Wall. 408; Desty S. & A. §§-50, 262.

§ 4287. Remedies reserved. - Nothing in the five preceding sections shall be construed to take away or affect the remedy to which any party may be entitled, against the master, officers, or seamen, for or on account of any embezzlement, injury, loss, or destruction of merchandise, or property, put 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 inay by law be liable, notwithstanding such master or seaman may be an owner or part owner of the vessel.

Norwich Co. v. Wright, 13 Wall. 106.

§ 4288. Inflammable materials.-Any person shipping oil of vitriol, unslacked lime, inflammable matches, or gunpowder, in a vessel taking cargo for divers persons on freight, without delivering, at the time of shipment, a note in writing, 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 apply to any vessel of any description whatsoever used in rivers or inland navigation.

§ 4289. Exception to limitation of liability.-The provisions of the seven preceding sections relating to the limitation of the liability of the owners of vessels, shall not apply to the owners of any canal-boat, barge, or lighter, or to any vessel of any description whatsoever used in rivers or inland navigation.

*The words "this title" stricken out, and the words "the seven preceding sections" inserted-Amendatory Act of 18th February, 1875; 18

U. S. Stats. 320. No part of the act is to apply to the owner of any canal-boat, barge, or fighter, or to any vessel used in inland navigation -The Niagara v. Cordes, 21 How. 26; Moore v. Amer. Transp. Co. 24 How. 1. It does not include vessels used on the great lakes-Moore v. Amer. Transp. Co. 24 How. 1. The act exempts liability in cases of embezzlement or loss of goods, or for loss or damage by collision-Moore v. Amer. Transp. Co. 24 How. 1; Desty S. & A. § 262.

CHAPTER SEVEN.

LOG-BOOKS.

4290. Entries in log-book.
4291. Mode of making entries.

4292. Penalty for omitting entries.

§ 4290. Entries in log-book.-Every vessel making voyages from a port in the United States to any foreign port, or, being of the burden of seventy-five tons or upward, from a port on the Atlantic to a port on the Pacific, or vice versa, shall have an official log-book; and every master of such vessel shall make, or cause to be made therein, entries of the following matters, that is to say:

First. Every legal conviction of any member of his crew, and the punishment inflicted.

Second. Every offense committed by any member of his crew for which it is intended to prosecute, or to enforce a forfeiture, together with such statement concerning the reading over such entry, and concerning the reply, if any, made to the charge, as is required by the provisions of section forty-five hundred and * ninety-seven.

Third. Every offense for which punishment is inflicted on board, and the punishment inflicted.

Fourth. A statement of the conduct, character, and qualifications of each of his crew; or a statement that he declines to give an opinion of such particulars.

Fifth. Every case of illness or injury happening to any member of the crew, with the nature thereof, and the medical treatment.

Sixth. Every case of death happening on board, with the cause thereof.

Seventh. Every birth happening on board, with the sex of the infant, and the names of the parents.

Eighth. Every marriage taking place on board, with the names and ages of the parties.

Ninth. The name of every seaman or apprentice who ceases to be a member of the crew otherwise than by death, with the place, time, manner, and cause thereof. Tenth. The wages due to any seaman or apprentice who dies during the voyage, and the gross amount of all deductions to be made therefrom.