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—— Late Decisions in Maritime Law Legal Tips for Shipowners and Officers Specially Compiled for Marine Review NDER a ccharter obligating the I charterers to pay the wages of officers and crew, and reserving to the owners power to appoint and re- move the captain and chief engineer, the owners, it was held in the case of ALLI- ancA, 290 Federal Reporter 450, rather than the charterers, were in control, and therefore, liable for damages caused by improper navigation by the captain, and it was immaterial that the collision from which the damage resulted occurred in waters for the navigation of which the master appointed by the owners had no pilot’s license, and that the charterers had agreed that the chief officer, to be appointed by them, should possess the necessary pilot’s license. : ee A bailee for hire under a charter party should not be made an insurer by im- plication, but only by clear and explicit language, and the terms of a charter requiring the return of the vessel in the same condition “‘as it is in now, less or- dinary wear and tear,’ makes the bailee liable only for its own negligence.—Ray- mond M. Wuire, 290 Federal Reporter 454, ‘ ee ee | The measure of damages for a char- terer’s breach by refusing the vessel tendered jis the amount of the freight money reserved in the charter less the expense incurred in earning it—Massari vy. Forest Lumber Co., 290 Federal Re- porter 470. Pte ve The master of a vessel and the agent of the charterer are without power to change the terms of a charter party made between the owner and charterer without specific authority—Oneida Navi- gation Co. v. Arkell & Douglas, 290 Federal Reporter 827. +e OF “A seaman is not allowed to recover at. indemnity for the negligence of the master, or any member of the crew, but is entitled to maintenance and cure, whether the injuries were received by negligence or accident. * * * Section 20 of thé seamen’s act of March 4, 1915 * * * which declares ‘seamen having command shall not be held to be fellow- servants with those under their au- thority,’ does not change the rule of the shipowner’s liability to a member of the crew injured by reason of another mem- ber’s negligence, without regard to their relationship imposed by the maritime law.”—Payne v. Jacksonville Forward- ing Co., 290 Federal Reporter 936. * A general agent for a steamship com- pany is not entitled to a maritime lien for advances and disbursements made generally on account of the ships of its principal in the due course of its buci- ness for which no express and specific By Harry Bowne Skillman Attorney at Law reservation of lien was made at the time. Such an agent, a corporation owned by the company, is not entitled to a maritime lien for advances made to vessels of the company, either under the general maritime law or the act of June 23, 1910, as amended by act of June 5, 1920.—CrentTaurus, 291 Federal Reporter 751. ee te A tug must watch changes in weather while a tow is moored, and must go to its assistance when the changes ren- der such action necessary, and the tug is not to be excused because the sever- ity of the storm drove other boats upon the shore—Hackensack, 291 Federal Reporter 69. ho ee The fact that leakage from a ballast tank drained into the bilges, and from there overflowed into the hold of a vessel, where it damaged the cargo, did not exonerate the ship from liability, under the Harter ‘act, sec. 3, on: the ground that the damage was caused by failure to keep the bilges pumped, which was a fault in navigation. Asuarca, 291 Federal Reporter 73. Ok tee While a maritime lien for advances to discharge valid liens. created in a home port may be sustained, yet it is essential that the existence and identity of the liens and the fact that the money was actually used for the pur- pose of discharging them be established by competent evidence.—Princess, 291 Federal Reporter 89. ok oe The effect of a provision of a charter party giving the owner a lien on sub- freights, it was said in the case of Mount Swasta, 291 Federal Reporter 92, is to subrogate the owner to the remedies of the charterer in respect thereto, and the owner can not maintain a suit to recover freight money alleged to be due from a cargo owner, which neither the vessel nor the charterer could recover. * Ox A watchman employed on a vessel un- der construction, and though launched, not completed, it was held in the case of Pacific American Fisheries v. Hoof, 201 Federal Reporter 306, is not a “sea- man” within the rule that his recovery for injuries is limited to wages, main- tenance, and cure. A vessel and her owner both by English and American law, it was further said, are liable to indemnity for injuries received by sea- men in consequence of the ship’s unsea- worthiness or failure to supply and keep in order the proper appliances ap- purtenant to the ship. Where a ship on a voyage was cap- tured as a prize of war, and the voyage 513 was never completed, the seamen, who performed no service after the capture, were entitled to transportation to the port of shipment as destitute seamen, but were not entitled to wages after their service ceased.—Epna, 291 Federal Reporter 379, e oe ee The leaving of his ship by a sea- man before completion of the voyage, and when the ship was in danger, with intent not to return, and with failure to return, was held in the case of Levr W. OstTRANDER, 291 Federal Reporter 908, to constitute desertion, and deposit by the master of the vessel with a con- sul of wages due a seaman after his desertion, or a willingness to have him return, was not a waiver of the deser- tion, where the seaman left wilfully, without intention of returning, and did not return. Pee. | Where the master of a vessel on the Great Lakes receives on board a cargo of grain loaded by the charterer, he is presumed to know that the charterer in due course will issue bills of lad- ing, and the ship is bound. to make right delivery in accordance with such bills of lading. By the prevailing cus- tom at Buffalo, a ship bringing a cargo of grain is required to unload at the particular place designated in the bill of lading, or, if not so designated, at the place named by the consignee.—G. A. Tomutnson, 293 Federal Reporter 51. ee A shipowner has no lien on a cargo for demurrage, unless such a lien is given by the terms of the charter, and then only on the cargo loaded on the ship under the charter, in which the lien is reserved. When the charter from owner to libelant authorized a lien on the cargo for demurrage, but the charter from libelant to shipper contained no such provision, the owner had no lien on the cargo for demurrage and payment of demurrage by the ship- per to the owner was not a forced pay- ment, which the shipper was entitled: to have credited on the freight charges due libelant—Southern Export Co. v. Ba- hamas-Cuban Co., 293 Federal Reporter > +s oe A tug, valued at $15,000 which towed to safety a steamship laden with crude and fuel oil and worth, with cargo, above $317,000, from the bulkhead of an asphalt plant which was on fire, with tanks exploding and the wind blowing toward the steamer, was held, in the case of Macnetic, 293 Federal Reporter 94, entitled to a salvage award of $5000, it appearing that the service was promptly and_ efficiently rendered in less than an hour, but without great danger to the tug.