VOL. 1. Measure in damages. his remedy in a court of admiralty, by the arrest of the wrong-doer, including, in the case of privateers, the owners of the offending vessel; by attachment against the offending vessel, except national vessels, or against other goods and chattels of the offender, or by foreign attachment against his credits and effects in the hands of third persons(a). The owners, not being participants in torts committed by the commanders and crew of private armed vessels, and being only constructively liable therefor, are bound only to the extent of the actual injuries and personal wrongs sustained by the parties aggrieved, although, in cases of gross and wanton outrage, the original wrong-doers may justly be visited, in the form of vindictive damages, with the punishment due to such lawless conduct. But in no case do the probable profits of an unfinished voyage form a proper element in the estimate of damages. Such a rule would be so uncertain in itself, and subject to so many contingencies and difficulties, as to render it inadmissible. The prime cost or value of the property lost, at the time of the loss, with all charges, and the premium of insurance where it has been paid; and in case of injury the diminution of value by reason of the injury, with interest on such valuation, constitute the true measure of remunerative damages(). (a) Manro v. Almeida, 10 Wheaton's R., 473 (6 Curtis's Decis. S. C., 485); L'Invincible, 2 Gallison's R., 29, 40. Rules of Practice in Cases of Admiralty and Maritime Jurisdiction, Appendix, Rule 1. (b) The Amiable Nancy, 3 Wheaton's R., 562 (4 Curtis's Decis. S. C., 287); The Anna Maria, 2 Wheaton's R., 327 (4 Curtis's Decis. S. C., 192); La Amistad de Rues, 5 Wheaton's R., 385 (4 Curtis's CHAP. 15. Decis. S. C., 673); Del. Col. v. Arnold, 3 Dallas's R., 333 (1 Curtis's Decis. S. C., 248); The Lively, 1 Gallison's R., 315. In this case, damages, including demurrage, were awarded against the commander of an American privateer. The subject of damages in cases of marine tort was maturely considered and fully discussed by Mr. Justice STORY, both upon authority and principle. INDEX. A. PAGE. ABDUCTION of minor, suit for by father maintainable,.. 447 for wages, not entertained in the English admiralty without consent of minister, if it can be obtained, intervention of third persons against proceeds,.. right of, by lien holder, unquestionable,.. 38 38-41 41 43-47 48-66 49 ADMIRALTY JURISDICTION (Continued): does not belong to general creditor,.. PAGE 50 pendente lite, English decisions and statutes, 3 & 4 Vict., concerning, 50-56 ... 58-66 66-62 75, note (c) 450 common law jurisdiction of State courts not abridged by grant of, to U. S., ........ of captures, confined to the courts of captor's country, AFFREIGHTMENT, CONTRACTS OF, cognizable in the admiralty, 26, 162, 167, note. not cognizable in the English admiralty, what contracts are embraced under this denomination,.. for conveyance in a General Ship, evidenced by a Bill of Lading, .. in the form described, bill of lading also signed,..... 170 170 171 rights and obligations of owner and freighter, in such cases same as in the case of a general ship, ..... 172 return cargo liable for the whole freight, ... 173 charterer at liberty to take in goods of third parties, or to underlet, 173 173 173 when charterer to be deemed owner for the voyage, ... 174-184 when intention of parties doubtful, general owner to be deemed 180 sub-shipper has a lien on the ship, although charterer is constituted owner for voyage, 184 no lien created by false bill of lading, 187 when lien of owner on goods for the stipulated freight to be deemed to have been waived,... lading and storage of cargo,... 188 193 duty of master relative to commencement and prosecution of voyage— consequences of deviation, ..... 194, 195 continuance of owner's responsibility until delivery of goods,..... 195 196 ship-owner and master deemed common carriers and held responsible as such,. 197 responsible for all losses except for those occasioned by the act of 198 losses arising from "perils of the seas" usually excepted in bills of lading,... 199 |