The Portland gazette., 1819-03-16

ment to merchants and othefs from ociii5 la'S.
ested and concerned therein: And whereas y
aas been held that owners OF ships, or vessels
are answerable for goods, wares and merchan-
die shipped on board the same, although the
said goods, wares and merchandise should De
embezzled, lost, or destroyed, by the masters Or
mariners of said ships and vessels, without the
knowledge or privty of the owner or owners ey
means whereof, merchants and others may be
discouraged from adyenturing their fortunes, as
owners Of ships or vessels, which will necessarily
tend to the prejudice Of the trade and ayiSa-
ton of this Ccmwonwoalth-The
Sec. 1. Be it enacted by Ire Senate and House
of Representatives. IN General Court assembled,
and by authority Of tie sanse---That from and al
ter the passing this act, no person or persons,
who is, are, shall be, owner or owners, IN part
OF IN wlzole, of any ship oggcssal, shall be sub
ject o. liable TO aswer for or make good to aIfy
one or more person or persons, any loss or dam-
age, by reason of any embezzlement, secretlng
or making way with, by the master or mariners,
or any of them, Of any goods, wares or merchan-
dze, or any property Whatsoever, which shall
be shipped, taken in, or put on board any ship
or vessel, or for any act, matter or thing, damage
or forfeiture done, ocCasoned or incurred bv the
said master or mariners, or any Of them, without
the privlty or knowledge Of such owner or ow-
ners further than the value of the interest which
such owner or owners has or had at the time OF
such shipment, in the ship vessel, with all her
appurtenances, and the full amount OF his later
est in the freight due, or to grow due, for and
during the voyage wherein such euibezzlement,
secretng or making way with as aforesaid, or
other malversation Of the master OF mariners,
shall be made, committed, or done, any law,
usage or custom to the contrary notwithstanding.
! Sec 2. Be ii further enacted, That if several
| freighters, or proprietors OF any such goods,
wares or nerchandize, or any property whatever,
shall suffer loss or damage, any OF tue means
aforesaid, in the same voyage, and the value OF
the ship or vessel and all her appurtenances,
and the amount of the freight due, or TO grow
due, during such voyage, snail not be suific'ent
/; to make compensation to all and every OF them,
then such freighter or proprietor shall receive
satisfaction thereout in average, in proportion to
/ their respective losses and damages; and IN ey-
cry such case It shall and may De lawfulto aad
for such freighters or pIoprietors, any OF them
tin behalf of HIMSELF and all other such reighters
and proprietors, or to or for the owners OF such
shipor vessel in behalf of himself, and ali the
otherpart owners of such ship or vessel, to exaIb
it bill in the Supreme judicial Court, for 9
discovery Of the total amount OF such losses ane
damages and also of the value ot such shlp o.
vessel, appurtenances and freight, and for al
| eqnal distribution and payment thereof amonss
such freghters and proprietors, In proportion Z
their losses and damages, according to the rule
! of equity.-And the said Supreme Judicial Cour
is hereby vested with full power and authofit
to entertain, hear, determine aad decree, IA sucl
causes, in the same manner as Courts OF Equt
\ would have authority to do: Proptded, that notn
4 ing in fhis iscl ooatas1sds stsel be eoastrued
operete upon, or affect any contracts OF afireight
snnpliad or shiDmenf q
goods, wares and merchandise, or other propert
upon any ship or vessel, whose voyage shall
have commenced before the passing Of this act
.4nd prorided also that this act shall not be con
fceived to extend to, impeach, lessen or dlscharg
any remedy which any person or persons nov
hath or may have against all, every or any, th'
master or mariners of such ship or vessel. tor, 0
in respect Of any embezzlement, secreting or ma
fkingIwa, with, any goods, wares or merchandise
or other property shipped or loaded on boart
such ship or vessel, or on account OF any fraud
abuse, or malversation OF and IN such master
and mariners respectively; but such remed.
shall remain in the same manner, and TO TN
same extent, as if this act had not passed.
Sec. 8. Be 1T further enacted, That the char
terer of any vessel Tin he shall navigate suci
vessel at his own expense) shall be consideres
the owner within the meaning OF this act an'
in case any loss or damage shall happen to an.
person or persons, by any OF the causes or CIR
cumstances mentioned in the first section OF thi
act, and such loss or damage shall be compensa
ted from the freight, or the proceeds ofthe sal
of such vessel, or both, in manner as herein be
fore provided then the owner or owners OF sue
vessel or vessels shall have right to rscove
the value of such vessel or vessels the perso
or persons, to whom such vessel or vessels sha
have been chartered as aforesaid.
Approved by the Governor, Feb. 20, 1919.
Copy examined by
A. BRADFORD, Secretary Of Com.