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Late Decisions in Maritime Law Legal Tips for Shipowners and Officers Specially Compiled for Marine Review By Harry Bowne Skillman Attorney at Law HE settled rule is that no mari- time lien for wages arises during the time a vessel is in custody of the marshal. However, seamen who ren- dered services on a ship for a con- siderable period of time, at the re- quest of the owner and with the knowledge of the marshal, which were of benefit to the well-being of the ship, are entitled to recover the rea- sonable value of such_ services.— GrEorGE W. GOETHALS, 27 F. (2d) 183. eee T IS the duty of the owner of a I sunken craft, in a navigable chan- nel, to immediately mark it with a buoy or beacon during the day or a lighted lantern at night and to main- tain such marks until the sunken craft is removed or abandoned; but, where the government lighthouse service un- dertook to mark a wreck, the owner thereof was relieved from liability for damages to another vessel striking the wreck on account of failure to main- tain marks required by _ statute.— Wilson v. Mitsui & Co., 27 F. (2d) 185. ES * * i Bhan local pilot custom on _ the ‘4% lower Mississippi river is for the ascending vessel to come up under the points, in order to get the benefit of slack water, while the descending ves- sel runs the bends, keeping in or near the middle of the river, in the thread of the stream, to get the benefit of the current. This custom is of long standing, has received judicial sanc- tion, and must be considered an ex- ception to the pilot rules.—Crowell & Thurlow Steamship Co. v. Texas Co.; -27 F.. (2d) 208; * * * BILL of lading accepted by a shipper upon delivery of goods to a carrier constitutes the contract of carriage between them. If the ship- per delivers the bill of lading to an- other, and thereby transfers title to the goods, he is not relieved from the con- tractural obligations evidenced by the bill of lading. Nor does the carriers’s delivery of the goods to the consignee necessarily have that effect. If, un- der the terms of the bill of lading, the shipper is primarily obligated to 34 pay freight, demurrage, or other charges, the carrier may look to him alone, and need not enforce his lien on the goods, or seek payment from the consignee upon the latter’s prom- ise, inferred from his acceptance of the goods. The obligation of the ship- per to pay such charges after delivery of the goods to the consignee is purely contractual, and in each case depends upon the proper construction of the bill of lading.—United States v. United States Steel Products Co., 27 F. (2d) 547. * * * NDER a bare-boat charter a cove- nant to insure is not implied; the lessee is a bailee for hire with the ob- ligation to return the boat in the condition received, necessary wear and tear excepted—Cowles Towing Co. v. American Construction & Dredging Go; 21 2. (2d) 622. x & NSURANCE “on liens p.p.i. and fia.” is valued insurance, which concludes the insurers as to the dam- ages payable upon loss of the vessel. —Wendell P. Colton Co. v. New York & Cuba Mail Steamship Co., 27 F. (2d) 657. * * * UBMARINES running on the sur- face through traffic lanes are not immune from the usual requirements regarding lights, said the court in the case of City OF RoMR&, 24 F. (2d) 729. The purpose of the regulations is to avoid loss of life and property. The strict observance by mariners of these or similar regulations have long been demanded by seafaring people. The character of the submarine and its method of operation are such that there seems to be more reason for further regulation of their operations than for relieving them from the rules applying to other vessels. The obvious answer to the contention that the nature of their construction and operation makes it impractical for them to comply with the rules is that if this be so they should confine their operation to waters not traversed by other ships. The fact that they are more dangerous should not be a reason for their disregarding rules MARINE REVIEW—July, 1929 which other ships must observe. If there were no regulations, the or- dinary rules of negligence and care due other ships would require that ships should, by lights or some method, inform each other of their courses and speeds. x * x T IS the duty of those in charge of the navigation of a vessel when in doubt of the proximity and navi- gation of another vessel, to slow or stop and reverse their engines.— CITY oF ROME, 24 F. (2d) 729. * * * SEAMAN may assign his mari- time lien for wages for adequate and fair consideration, and if there be no fraud or over-reaching on the part of the assignee the lien will be enforced in admiralty at the suit of the assignee. The assignment of the claim carries with it the lien as secur- ity for the debt, whether the lien be mentioned in the assignment or not.—PRESIDENT ARTHUR, 25 F. (2d) 999. * * * F there is any reasonable doubt as to the proper navigation of a ves- sel overtaken, it should be resolved in her favor; it is the duty of the over- taking vessel to keep out of the way of the overtaken vessel and her tow, the overtaken vessel being privileged to keep her course and speed.—RE- LIANCE, 25 F. (2d) 625. * * * HERE neither of two vessels which collided was on a steady course, but each was maneuvering, the sailing rules did not apply.—JAMEs A. McKENNA, 25 F. (2d) 639. HE maritime lien is not to be given a broad legal interpreta- tion, it was declared in the case of the PRESIDENT ARTHUR, 25 F. (2d) 648, nor is it to be extended by construc- tion, analogy, or inference. 1 * * O RULE of navigation requires a vessel to make known her maneuvers beyond the possibility of a mistake to a passing or crossing ves- sel. For the benefit of a vessel which was obliged to look and keep out of the way, no further action should or can be required.—Cranford, 27 F.