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cognizable in the State courts. No one can act as pilul, and claim the compensation allowed by law for the service, unless duly appointed. And he should always have with him his commission, which should always designate the largest vessel he may pilot, or that which draws the most water.
If a pilot offers himself to a ship that has no pilot, and that is entering or leaving a harbor and has not already reached certain geographical limits, the ship must pay him pilotage fees, whether his services are accepted or not. As soon as the pilot stands on deck, he has control of the ship. But it remains the master's duty and power, in case of obvious and certain disability, or dangerous ignorance or error, to disobey the pilot, and dispossess him of his authority; but the master should interfere with the pilot only in extreme cases. If a ship neglect to take a pilot when it should and can take one, the owners will be answerable in damages to shippers or others for any loss which may be caused by such neglect oi refusal. Pilots are themselves answerable for any damage resulting from their own negligence or default, and have been held strictly to this liability.
MARITIME law calls by this name all persons employed to repair a ship or furnish her supplies. Such persons, and indeed all who work upon her, have a lien on the ship for their charges. There is, however, this important distinction. Material men, by Admiralty law, have a lien only on foreign ships, and not on domestic ships. But many of our States have by statute given this lien to material men on ali ships without distinction; as in New York, Pennsylvania, Massachusetts, Maine, Illinois, Indiana, Missouri, Alabama, and Michigan; and in Louisiana the same lien exists under the general Spanish law.
It has been held that such a lien extends beyond mere repairs,-certainly to alterations, and perhaps to reconstruc: tion,-but not to original building, unless the statute includes ship-buiłding. A laborer, employed in general work by a shipwright or mechanic, and by him sometimes employed on the
vessel, and sometimes elsewhere, gets no lien on the vessel for that part of the labor performed about it. These statute liens take precedence of the claims of all other creditors.
It has been said in previous pages, that our States are foreign to each other for most purposes under the law of Admiralty; and they are so as to the lien of material men. Therefore, in States in which there is no statute on the subject, material men would have a lien for supplies or repairs for a vessel belonging to any other of our States, but not for a vessel belonging to the State in which the supplies were furnished or the repairs were made. See the chapter on Liens.
Bill of Sale of Vessel. To all to whom these Presents shall come, Greeting : Know ye, that (name of seller) of the
(town or city and county where he resides) in the State of
(if the seller owns only a part of the vessel, here say what part) of the (ship, or what else it is) or vessel called the
of the burden of tons, or thereabouts, for and in consideration of the sum of
dollars, lawful money of the United States of America, to me (or us, if more sellers than one) in hand paid, before the ensealing and delivery of these presents, by (name of the buyer) the receipt whereof I (or we) do hereby acknowledge, have granted, bargained, and sold, and by these presents do grant, bargain, and sell, unto the said (name of the buyer)
and his executors, administrators, and assigns,
the whole for name the part) of said
or vessel, together with the masts, bowsprit, sails, boats, anchors, cables, tackle, apparel, and furniture, and all other necessaries thereunto appertaining and belonging. The certificate of the enrollment of which said vessel, is as follows:
No. In conformity to an Act of Congress of the United States of America, entitled “ An Act for enrolling and licensing Ships and Vessels,” etc., passed the 18th of February, 1793 ; and “An Act to regulate the Foreign and Coasting Trade on the Northern, North-eastern, and North-western Frontiers of the United States, and for other purposes,” passed the 17th of June, 1864, and all the acts of the 7th July, 1838, 29th July, 1850, and 6th May, 1864
(name of the owner) having taken or subscribed the oath required by the said acts, and having sworn that he
the United States, and sole owner, or owners of the
or vessel, called the
whereof is at present master; and is a citizen of the United States, and that the said vessel was built at
in the year 18
as appears by And
having certified that the said vessel has deck,
mast , and that her length is feet, her breadth
feet, her depth feet, her
and that she measures
that she is (kind of vessel) and that she has a figure-head or a gallery. And the said
having agreed to the description and admeasurement above specified, and sufficient security having been given, in conformity with the terms of the said acts, the said has been duly enrolled at the port of
Given under my hand and seal of office, at the port of this day of
in the year one thousand nine hundred and
To Have and to Hold the said
or vessel, and appurtenances thereunto belonging, to him (or them), the said (name of the buyer) and his (or their) executors, administrators, and assigns, to the sole and only proper use, benefit, and behoof of him (or them), the said (name of the buyer) and his (or their) executors, administrators, and assigns forever; and I (or we) the said (name of the seller) ha and by these pres. ents do promise, covenant, and agree, for myself (or ourselves) and my (or our) heirs, executors, administrators, and assigns, to and with the said (name of buyer) and with his (or their) heirs, executors, administrators, and assigns, to warrant and defend the said
or vessel, and all the other before-mentioned appurtenances against the lawful claims and demands of all and every person or persons whomsoever, and that I (or we) ha good right and authority to sell and dispose of the same in manner aforesaid. In Testimony Whereof, The said
has hereunto set his hand and seal, this one thousand nine hundred and
(Signature.) (Scal.) Sealed and Delivered in the Presence of
COUNTY. 1, a Notary Public in and for the
in thc County of and State of
do hereby certify, that personally known to me as the same person
whose game subscribed to the annexed instrument of writing, appeared before me this day in person, and acknowledged that
signed, sealed and delivered the said instrument or writing as
free and voluntary act, for the uses and purposes therein set forth. Given under my hand and notarial seal, this
Notary Public. (92.)
Mortgage of a Vessel. Know all Men by these Presents, That I (or we, giving the names and residence of all the mortgagors) am (or are) held and firmly bound unto (the names and residence of the mortgagee) in the just and full sum of
dollars, lawful money of the United States of America, to be paid to the said
or his (or their) executors, administrators, or assigns; for which payment well and truly to be made, I bind myself, my heirs, executors, and administrators firmly by these presents. Dated at this
in the year one thousand nine hundred and
Whereas, (name of the mortgagee) has this day lent and advanced into the said (name of the mortgagor) the sum of
dollars the body, tackle, and appurtenances of the or vessel called the
of the burden of
tons, or thereabouts; the said (name of the mortgagor) being the (owner) of the same.
Now the Condition of this Obligation is such, That if the said (name of the mortgagor) shall pay or cause to be paid to the said (name of the mortgagee) the sum of
dollars (the amount loaned), and interest thereon
on or before the
in the year 19
then this obligation to be void; otherwise, to remain in full force and virtue. And in consideration of and as security for said loan as aforesaid, the said (vessel, or ship, or steamer, as it may be) is by these presents assigned, pledged, mortgaged, set over, and conveyed to the said
heirs and assigns; the certificate of the enrollment of which vessel is as follows, viz. : (Enrollment as in the previous form of a Bill of Sale of a Vessel.)
It being Mutually Understood and Agreed, That in case the amount of said loan and interest, or any part thereof, according to the terms of these presents, shall remain due and unpaid to said (name of mortgagee) after the expiration of
the said (name of mortgagee) may take possession of said
and appurtenances, and sell the same at public auction, in order to satisfy the amount then due, without any proceedings in court or otherwise, for the purpose of authorizing such sale, and thereupon may execute and deliver a sufficient bill of sale to transfer completely to any purchaser or purchasers all title and property in and to the said
and appurtenances, to the said (name of mortgagor) as (owner) thereof, now belonging.
The said (name of the mortgagee) thereupon to accoant to the said (name of the mortgagor) for any surplus of such sale, after paying all charges and expenses.
And in case of such sale as aforesaid, the said (name of the mortgagor) executors, administrators, or assigns, shall, whenever thereto requested, make, execute, and deliver to such purchaser or purchasers, another bill of sale of said
and appurtenances, in which the enrollment shall be recited as above, for the transferring completely to said purchaser or purchasers all the (right), (interest), and (claim), of said
executors, administrators, or assigns, as (owner) of said
And in default of the prompt execution and delivery of such other bill of sale to such purchaser or purchasers, by the said when thereto requested, the said
is hereby constituted and appointed the legal attorney of the said
for the purpose of making, executing, and delivering such bill of sale, and the said hereby ratifies and confirms the act of the said attorney for said purpose.
And it is hereby further Agreed, That insurance shall be made at some office in
on the said
for the security of the said (name of the mortgagee) to an amount not less than the sum loanell as aforesaid, and the said (name of the mortgagee) is hereby authorized to procure such insurance, at the expense of the said (name of the mortgagor) if not seasonably obtained by him.
(Signature.) (Seal.) Signed, Sealed, and Delivered in Presence of
COUNTY OF On the
in the year one thousand nine hundred and
before me personally came the individual described in, and who executed the foregoing instrument, and acknowledged that he executed the same.