sea worthiness

1 definition found

sea worthiness - Bouvier's Law Dictionary, Revised 6th Ed (1856) :

  SEA WORTHINESS, mer. law. The ability of a ship or other vessel to make a 
  sea voyage with probable safety: there is, in every insurance, whether on 
  ship or goods, an implied warranty that the ship shall be worthy when she 
  sails on the voyage insured; that is, that she shall be "tight, staunch, and 
  strong, properly manned, provided with all necessary stores, and in all 
  respects fit for the intended voyage." Marsh. Ins. 153 2 Phil. Ev. 60 10 
  Johns. R. 58. 
       2. The following rules have been established in regard, to the warranty 
  of sea-worthiness. 
       3.-1. That it is of no consequence whether the insured was aware of the 
  condition of the ship, or not. His innocence or ignorance is no answer to 
  the fact that the ship was not sea-worthy. 
       4.-2. The opinion of carpenters who have repaired the vessel, however 
  they may strengthen the presumption that the ship is sea-worthy, when it is 
  favorable, is not conclusive of the fact of sea-worthiness. 4 Dow's Rep. 
  269. 
       5.-3. The presumption, prima facie, is for sea-worthiness. 1 Dow's R. 
  336; And it is presumed that a vessel continues sea-worthy, if she was so at 
  the inception of the risk. 20 Pick. 389. See 1 Brev. 252. 
       6.-4. Any sort of disrepair left in the ship, by which she, or the 
  cargo may suffer, is a breach of the warranty of sea-worthiness. 
       7.-5. A deficiency of force in the crew, or of skill in the master, 
  mate, &c., is a want of sea-worthiness. 1 Campb. 1; 14 East, R. 481. But if 
  there was once a sufficient crew, their temporary absence will not be 
  considered a breach of the warranty. 2 Barn. & Ald. 73; 1 John. Cas. 184; 1 
  Pet. 183. 
       8.-6. A vessel may be rendered not sea-worthy by being overloaded. 2 
  Barn. & Ald. 320. 
       9.-7. When the sea-worthiness arises from justifiable ignorance of the 
  cause of the defect, and is discovered and remedied before any injury 
  occurs, it is not to be considered as a defect. Ib. See, generally, 2 John. 
  124, 129; 3 John. Cas. 76; 1 John. 241;  1 Caines, 217 3 S. & R. 25 1 Whart. 
  399. 
       10. By an act of congress, approved July 20, 1840, as amended, by the 
  act of July 29, 1850, it is provided, that if the first officer, (or a 
  second and third officer,) and a majority of the crew of any vessel, shall 
  make complaint in writing that she is in an unsuitable condition to go to 
  sea, because she is leaky, or insufficiently supplied with sails, rigging, 
  anchors, or any other equipment, or that the crew is insufficient to man 
  her, or that her provisions, stores, and supplies are not, or have not been, 
  during the voyage, sufficient and wholesome, thereupon, in any of these or 
  like cases, the consul or commercial agent who may discharge any duties of a 
  consul shall appoint two disinterested, competent, practical men, acquainted 
  with maritime affairs, to examine into the causes of complaint, who shall, 
  in their report, state what defects and deficiencies, if any they find to be 
  well founded, as well as what, in their judgment ought to be done, to put 
  the vessel in order for the continuance of her voyage.