TITLE II. PARTICULAR KINDS OF PERSONAL PROPERTY CHAPTER I. Things in action. II. Shipping. III. Corporations. IV. Products of the mind. V. Other kinds of personal property. CHAPTER I. THINGS IN ACTION. SECTION 309. Things in action defined. 310. Transfer and survivorship. action de § 309. The right to recover, by judicial proceedings, Things in money or other property, arising out of: 1. The violation fined. of a personal right; 2. The violation of a right of property; or 3. An obligation; and all other right to property not in possession, is called a thing in action. and survi § 310. Things in action, arising out of the violation of a Transfer right of property, or out of a contract, may be transferred vorship. by assignment. Upon the death of the owner they pass to his personal representatives, except where, in the cases provided in the Code of Civil Procedure, they pass to his devisees or successor in office. This section is proposed to establish one rule for the assignability and the survivorship of things in action Though the cases on this subject are conflicting, this view is generally received. See McKee a. Judd, 12 N. Y., 622; Meech a. Stoner, 19 id., 26. CHAPTER II. SHIPPING. ARTICLE I. Shipping defined. III. The employment of shipping. V. Rules of navigation. ARTICLE I. Definition of a ship. Appartenances ments. SHIPPING DEFINED. SECTION 311. Definition of a ship. 312. Appurtenances and equipments. 313. Foreign and domestic navigation. 314. Foreign and domestic ships distinguished. § 311. A ship is a structure fitted for navigation. Every kind of ship is included in the term "shipping." § 312. The appurtenances of a ship are whatever things, and equip belonging to the owners, are on board the ship, connected with its proper use, for the objects of the voyage and adventure in which the ship is engaged. The equipments of a ship are all the appurtenances except the stores. Foreign and domes See the cases on this subject in 1 Pars. Mar. L., 71. § 313. Ships are engaged either in foreign or domestic tic naviga- navigation, or in the fisheries. The first pass between the United States and a foreign country; the others from port to port in the United States. tion. Foreign and domestic ships dis tinguished. 314. A ship in a port of the state to which she belongs is called a domestic ship; in another port she is called a foreign ship. ARTICLE II. THE TITLE TO SHIPPING. SECTION 315. Registry, enrollment, and license. 316. Master's power to sell. 317. Transfers. enrollment and license. § 315. Ships engaged in foreign navigation must be Registry, registered; those engaged in domestic navigation or in the fisheries must be enrolled and licensed, or licensed only, if under twenty tons. The instruments by which ships are registered, enrolled, or licensed, are defined and regulated by act of Congress. power to § 316. When a ship, whether foreign or domestic,' is in- Master's jured, the master, in case of necessity,' may sell it without sell. instructions from the owners; but if, by the earliest use of ordinary means of communication, he can inform the owners, and await their instructions, he must do so before selling. 'Scull a. Briddle, 2 Wash. C. C., 150; brig Sarah Ann, 13 Pet., 387, affirming 2 Sumn., 206. * Somes a. Sugrue, 4 C. & P., 276. 8 317. The title to a ship can only be transferred in the Transfers. mode prescribed by the chapter on Transfers. ARTICLE III. THE EMPLOYMENT OF SHIPPING. SECTION 318, 319. Several owners. 320. Duties of manager. 321, 322. Powers of manager. 323. Compensation. 324. Owner for the voyage. 325. Carriage. owners. § 318. If a ship belongs to a partnership it is held like Severa any other personal property of the partnership. If it belongs to two or more persons not partners, each has his individual share without any control over the rest. If Several owners. Duties of manager. Powers of manager. Id. Compensation. Owner for the voyage. Carriage. the part owners differ as to the use or the repair of the ship, the controversy may be determined by any court of competent jurisdiction. 3 Kent, 153, 154. The last provision is intended to establish a rule for all cases of difference, whether a majority concur in one opinion or not. § 319. Part owners of a ship do not, by simply using the ship in a joint enterprise, become partners as to the ship. owner. This section is new. § 320. The general agent for the owners, in respect to the care of a ship and freight, is called the manager; if he is a part owner he is also called the managing Unless otherwise directed, it is his duty to provide for the complete sea-worthiness of the ship; to take care of her in port; to see that she is provided with necessary papers, with a proper master, mate and crew, and supplies of provisions and stores. § 321. He has power to make contracts requisite for the performance of these duties; to enter into charter parties or make contracts for freight; and to settle for freight and adjust averages. § 322. Without special authority he cannot borrow money, nor give up the lien for freight, nor purchase a cargo, nor bind the owners to an insurance. 1 Bell, Com., 4 ed., 410, 411. The manager is sometimes called the ship's husband, but we have not used the phrase in the text of the Code. § 323. A managing owner has no right to compensation in the absence of agreement or usage.' 'Benson a. Heathorn, 1 Young and C., 326; Smith a. Lay, 3 Kay and Johns, 105. § 324. If the owner commits the possession and naviga tion of the ship to another, that other and not the owner is responsible for its repairs and supplies. 3 Kent, 133; Hesketh a. Stevens, 7 Barb., 488. § 325. The rights and liabilities of ship owners as carriers are regulated by the chapter on Carriage. ARTICLE IV. CHARTER PARTIES. party de 326. The contract by which a ship is let is termed a Charter charter party. It may either let the capacity or burden fined. of the ship, continuing the employment of the owner's master, crew and equipments, or it may surrender the entire ship to the charterer, who then provides them himself. The master or a part owner may be a charterer. The obligations of the parties are regulated by the provi- tions of sions of the Third Division of this Code. Obligaparties. 11 Pars. Mar. L., 229, &c. ARTICLE V. RULES OF NAVIGATION.* SECTION 327. Collisions. 1. Rules as to ships meeting each other. 2. The rule for sailing vessels. 3. Rules for steamers in narrow channels. 4. Rules for steam vessels on different courses. 5. Meeting of steamers. 328. Collision from breach of rules. 329. Breaches of such rules to imply willful default. 330. Loss, how apportioned. § 327. In the case of ships meeting, the following rules Collisions. must be observed in addition to those prescribed by article 2 of chapter 1 of title III of part III of the POLITICAL CODE, relating to Navigation: 1. Whenever any ship, whether a steamer or sailing ship, proceeding in one direction, meets another ship, whether a steamer or sailing ship, proceeding in another direction, so that if both ships were to continue their respective courses they would pass so near as to involve risk of a collision, Rules as to ing each ships meet other. • The subjects of Pilotage and Wrecks are regulated by the POLITICAL CODE. |