Seamanship is the art , competence , and knowledge of operating a ship , boat or other craft on water. The Oxford Dictionary states that seamanship is "The skill, techniques, or practice of handling a ship or boat at sea."
97-984: Salt-Water Poems and Ballads is a book of poetry on themes of seafaring and maritime history by British future Poet Laureate John Masefield . It was first published in 1916 by Macmillan , with illustrations by Charles Pears . The collection includes "Sea-Fever" and "Cargoes" , two of Masefield's best known poems. Many of the poems had been published in Masefield's earlier collections, Salt-Water Ballads (1902), Ballads (1903) and Ballads and Poems (1910). They were included in The Collected Poems of John Masefield , published by Heinemann in 1923. "Sea-Fever" first appeared in Salt-Water Ballads – Masefield's first volume of poetry, published in 1902 in London by Grant Richards . I must go down to
194-434: A maritime (or marine) pilot . Marine pilots are seafarers with extensive seafaring experience and are usually qualified master mariners who have been trained as expert ship-handlers. These pilots should be conversant with all types of vessel in their local waters and possess a good knowledge of the different propulsion systems, as well as handling ships of all sizes in all weather and tidal conditions. They are also experts in
291-463: A U.S. ship must be brought in federal court and cannot be done in state court, except for under the reverse Erie Doctrine whereby state courts can apply federal law. When property is lost at sea and rescued by another, the rescuer is entitled to claim a salvage award on the salvaged property. There is no "life salvage": all mariners have a duty to save the lives of others in peril without expectation of reward. Consequently, salvage law applies only to
388-435: A boat if possible, the use of oars or sails, as well as basic sail theory, sail terminology and markings on sails. One other aspect of traditional good seamanship is housekeeping on the vessel. This involves correct stowage of stores, supplies, crew personal effects, etc. It also involves keeping the decks, engine room and accommodation clean and free of debris or spills. This reduces the chances of fire at sea and reduces
485-420: A greater degree of seamanship may be necessary for some vessel types compared to others. Seamanship involves paying close attention to the stability of the vessel at all times. This involves calculation of the vessel and the effects of its cargo at various stages of the voyage (on departure, at sea and on arrival in port) to allow for safe passage and prevent capsizing (where a vessel turns on to its side or
582-660: A one-year statute of limitations. A state court hearing an admiralty or maritime case is required to apply the admiralty and maritime law, even if it conflicts with the law of the state, under a doctrine known as the "reverse- Erie doctrine". While the " Erie doctrine " requires that federal courts hearing state actions must apply substantive state law, the "reverse- Erie doctrine" requires state courts hearing admiralty cases to apply substantive federal admiralty law. However, state courts are allowed to apply state procedural law. This change can be significant. Claims for damage to cargo shipped in international commerce are governed by
679-859: A private organization of maritime lawyers known as the Comité Maritime International (International Maritime Committee or CMI). Founded in 1897, the CMI drafted numerous international conventions, including the Hague Rules (International Convention on Bills of Lading), the Visby Amendments (amending the Hague Rules), the Salvage Convention, and many others. While the CMI continues to function in an advisory capacity, many of its functions have been taken over by
776-531: A ship. Larger ship types usually have a crane for cargo operations and for bringing on stores, provisions and supplies for the crew. Seamanship knowledge and experience is an integral part of Dry-docking . This includes careful planning (of all jobs, tasks and repairs), adequate preparations (eg or painting), dry-docking calculations (primarily stability and upthrust), safety within the dry-dock and checks upon departure (eg plugs returned and sealed). Lifeboat, rescue boat and survival craft maintenance and operation
873-535: A shipowner to both pay for an injured seaman's medical treatment until maximum medical recovery (MMR) is obtained and provide basic living expenses until completion of the voyage, even if the seaman is no longer aboard ship. Admiralty law in Pakistan is also classified as shipping law . The Pakistan Merchant Shipping Ordinance 2001 has replaced the Merchant Shipping Act 1923 . This replacement
970-656: A shipowner to provide medical care free of charge to a seaman injured in the service of the ship, until the seaman has reached "maximum medical cure". The concept of "maximum medical cure" is more extensive than the concept "maximum medical improvement". The obligation to "cure" a seaman includes the obligation to provide him with medications and medical devices which improve his ability to function, even if they do not "improve" his actual condition. They may include long-term treatments that permit him to continue to function well. Common examples include prostheses, wheelchairs, and pain medications. The obligation of "maintenance" requires
1067-410: A shipowner's breach of its obligation to provide maintenance and cure is willful and wanton, the shipowner may be subject to punitive damages. See Atlantic Sounding Co. v. Townsend , 557 U.S. 404 (2009) (J. Thomas). Shipowners owe a duty of reasonable care to passengers. Consequently, passengers who are injured aboard ships may bring suit as if they had been injured ashore through the negligence of
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#17327913960731164-624: A special Admiralty Court handles all admiralty cases. Despite early reliance upon civil law concepts derived from the Corpus Juris Civilis of Justinian , the English Admiralty Court is a common law , albeit sui generis court that was initially somewhat distanced from other English courts. After around 1750, as the Industrial Revolution took hold and English maritime commerce burgeoned,
1261-542: A stage, rigging of a bosuns ladder, canvas work, use of chain blocks and pulleys, etc. Other traditional practices apply to life onboard, such as forms of address to the Captain and in use of marine flag, including courtesies and flag signalling. Specifically, these include items such as flag signalling terms, single and double letter meanings according to the International Code of Signals, flag maintenance,
1358-420: A stationary object, they typically use the term allision . The fixed object could be a bridge or dock . While there is no great difference between the two terms and often they are even used interchangeably, determining the difference helps clarify the circumstances of emergencies and adapt accordingly. Before the mid-1970s, most international conventions concerning maritime trade and commerce originated in
1455-540: A third party. The passenger bears the burden of proving that the shipowner was negligent. While personal injury cases must generally be pursued within three years, suits against cruise lines may need to be brought within one year because of limitations contained in the passenger ticket. Notice requirements in the ticket may require a formal notice to be brought within six months of the injury. Most U.S. cruise line passenger tickets also have provisions requiring that suit to be brought in either Miami or Seattle . In England ,
1552-423: A vessel with fuel, or pulling a vessel off a sand bar. Salvors performing high-order salvage receive substantially greater salvage award than those performing low-order salvage. In both high-order and low-order salvage the amount of the salvage award is based first upon the value of the property saved. If nothing is saved, or if additional damage is done, there will be no award. The other factors to be considered are
1649-570: Is a statutory requirement and considered good seamanship to regularly practice (drill) these skills when at sea. Other emergency skills include the Man overboard rescue turn . Historic or traditional seamanship skills are less frequently used on modern commercial ships, but are usually still practiced in training colleges and used on smaller ships, fishing vessels and leisure craft. These include ropework (included tying knots, rope splicing , wire splicing, lashings and whippings ), as well as rigging of
1746-457: Is an active member of the ILO. There are several universities that offer maritime law programs. What follows is a partial list of universities offering postgraduate maritime courses: A pseudolegal conspiracy theory of American origin, notably present among the anti-government sovereign citizen and freeman on the land movements, asserts that at some point maritime law, which they consider to be
1843-432: Is an essential part of seamanship. This involves being able to operate survival craft in emergencies, but also to be able to maintain them effectively to operate in accordance with SOLAS requirements. The STCW Convention requires that modern seafarers be familiar with emergency operations, including fire fighting. Personnel at sea are required to undertake fire fighting training at shore based training establishments. It
1940-403: Is based on the nautical mile . Navigation also includes electronics such as GPS and Loran (Long Range Navigation). Celestial navigation involves taking sights by sextant on the planets, moon, stars, sun and using the data with a nautical almanac and sight reduction tables to determine positions. Accurate time information is also needed. After nautical dusk , navigation at sea referencing
2037-523: Is being able to manoeuvre a vessel safely with accuracy and precision both at sea and also in port and during pilotage . Unlike land based vehicles, a ship afloat is subject to the forces of the water in which it floats, as well as the resistance and effects of marine weather. A complicating factor is that the mass of a ship that has to be accounted for when stopping and starting, as the inertia of large vessels may take large distances to stop and therefore ship-handlers must be aware of basic Hydrodynamics and
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#17327913960732134-542: Is by John Ireland . The poem has also been set for boys' emerging voices in a score by Oliver Tarney , published by Oxford University Press , and by Kavisha Mazzella , a Western Australia-born musician and artist. Andy Vine , a Welsh-born Canadian folk musician, has also set the words to a folk melody of his own invention. English composer Frederick Keel (1871-1954) set three of the poems for voice and piano in his 1919 collection Three Salt-Water Ballads : "Port of Many Ships", "Trade Winds" and "Mother Carey". "Sea-Fever"
2231-461: Is dependent upon the nature of the work and the type of vessel employed by a seafarer . Seamanship on a commercial level involves a knowledge of all the different ship types (such as bulk carriers , container ships , oil tankers , cruise ships , platform supply vessels , and others), including a basic knowledge of ship recognition, a basic understanding of nautical terms, ship structure and naval architecture and cargo operations, specific to
2328-566: Is evidence of maritime law being in effect. One variation of this theory is based on a misinterpretation of the English Cestui Que Vie Act 1666 which stated that a person missing at sea shall be assumed to be dead after seven years; conspiracy theorists claim that the government uses this Act to secretly enslave people, by assuming any person to be legally dead from the age of seven and thereafter considering their person and/or property as its possessions. The origin of
2425-519: Is important because when a pilot is in command, the master can not take any action, but is limited to advising the pilot on any circumstance that creates what he considers a dangerous situation. A working knowledge of the relevant rules and regulations, including those of the International Maritime Organization is good seamanship as it ensures compliance with international, flag and port State requirements. For example,
2522-421: Is little or no specialisation. Deck crew perform all boat handling functions. The officers of the ship are responsible for navigation, communication, and watch supervision. Admiralty law Admiralty law or maritime law is a body of law that governs nautical issues and private maritime disputes. Admiralty law consists of both domestic law on maritime activities, and private international law governing
2619-441: Is no contract between the owner of the goods and the salvor. The relationship is one which is implied by law. The salvor of property under pure salvage must bring his claim for salvage in court, which will award salvage based upon the "merit" of the service and the value of the salvaged property. Pure salvage claims are divided into "high-order" and "low-order" salvage. In high-order salvage, the salvor exposes himself and his crew to
2716-597: Is not exhaustive of the subject matter. Canadian jurisdiction was originally consolidated in 1891, with subsequent expansions in 1934 following the passage of the Statute of Westminster 1931 , and in 1971 with the extension to "dry" matters. Recent jurisprudence at the Supreme Court of Canada has tended to expand the maritime law power, thus overriding prior provincial laws based on the provinces' power over property and civil rights . Article III, Section 2 of
2813-422: Is occasionally desirable to distinguish between the situation of a vessel striking a moving object and that of it striking a stationary object. The word " allision " is then used to mean the striking of a stationary object, while " collision " is used to mean the striking of a moving object. Thus, when two vessels run against each other, courts typically use the term collision whereas when one vessel runs against
2910-731: Is quoted by Willy Wonka in the 1971 film Willy Wonka & the Chocolate Factory . The poem is quoted in part by Captain James T. Kirk in both the Star Trek: The Original Series episode " The Ultimate Computer " and the film Star Trek V: The Final Frontier . It is also quoted in the 2004 film Sky Captain and the World of Tomorrow . "Sea-Fever" is also recited during the Last Supper scene in
3007-448: Is the art and science of safely and efficiently directing the movements of a vessel from one point to another. Piloting uses water depth and visible references, while dead reckoning uses courses and distances from the last known position. More than just finding a vessel's present location, safe navigation includes predicting future location, route planning and collision avoidance. Nautical navigation in western nations, like air navigation ,
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3104-779: Is upside down). This includes familiarity and application of the Load Line Convention , where a vessel can only be safely loaded to its markings to ensure residual stability for the likely weather conditions. Seafarers should regularly inspect their vessel and ensure the hull is in good condition for navigation. Seamanship skills apply to the safe use of different types of lifting gear, whether for cargo operations or for bringing on stores, supplies and provisions. These example Derricks , Union purchase arrangements, midship or aft cranes , heavy lifting gear, rigging other sheer legs etc. This should include knowledge of calculations of stresses and effects on stability. Navigation
3201-676: The Admiralty Court Act 1861 [24 Vict c 10]. While Pakistan now has its own statute, the Admiralty Jurisdiction of High Courts Ordinance, 1980 (Ordinance XLII of 1980), it also follows English case law. One reason for this is that the 1980 Ordinance is partly modelled on old English admiralty law, namely the Administration of Justice Act 1956. The current statute dealing with the Admiralty jurisdiction of
3298-480: The Carriage of Goods by Sea Act (COGSA), which is the U.S. enactment of the Hague Rules. One of its key features is that a shipowner is liable for cargo damaged from "hook to hook", meaning from loading to discharge, unless it is exonerated under one of 17 exceptions to liability, such as an " act of God ", the inherent nature of the goods, errors in navigation , and management of the ship. The basis of liability for
3395-662: The Gulf of Aden , Somali Basin , Southern Red Sea and Bab-el-Mandeb straits ) are advised to implement self-protective measures, in accordance with most recent best management practices agreed upon by the members of the merchant industry and endorsed by the NATO Shipping Centre, and the Maritime Security Centre Horn-of-Africa (MSCHOA). The common law of England and Wales , of Northern Ireland law , and of US law , contrast to
3492-677: The International Maritime Organization (IMO). In 1948 an international conference in Geneva adopted a convention formally establishing IMO (the original name was the Inter-Governmental Maritime Consultative Organization, or IMCO, but the name was changed in 1982 to IMO with UN Convention on the Law of the Sea). The IMO Convention entered into force in 1958 and the new Organization met for the first time
3589-500: The International Regulations for Preventing Collisions at Sea are the principal international rules for navigation between vessels at sea. Rule 2 sets out responsibility for safe navigation by stating “Nothing in these Rules shall exonerate any vessel or the owner, master or crew thereof, from the consequences of any neglect to comply with these Rules or of the neglect of any precaution, which may be required by
3686-626: The Parliament of Canada by virtue of s. 91(10) of the Constitution Act, 1867 . Canada has adopted an expansive definition of its maritime law, which goes beyond traditional admiralty law. The original English admiralty jurisdiction was called "wet", as it concerned itself with things done at sea, including collisions, salvage and the work of mariners, and contracts and torts performed at sea. Canadian law has added "dry" jurisdiction to this field, which includes such matters as: This list
3783-699: The St. Johns River , and the CSS Virginia in Chesapeake Bay ), and sunken merchant ships (the SS Central America off Cape Hatteras ) – have all been the subject of treasure salvage awards. Due to refinements in side-scanning sonars, many ships which were previously missing are now being located and treasure salvage is now a less risky endeavor than it was in the past, although it is still highly speculative and expensive. In maritime law, it
3880-500: The Suez canal . Crew should be able to keep the vessel from collisions, moor the vessel during canal lockgate operations and also respond to local currents and river conditions while on passage. Two other types of operations, berthing alongside another ship (usually for Ship-to-ship cargo transfer and replenishment at sea, are occasionally included in ship-handling seamanship for some vessel types. In addition to being fully conversant with
3977-703: The United Kingdom and the United States of America ), the pilot's role is as an advisor. However, in practice, they are likely to have the conduct of the vessel, especially on larger ships using tug boats to assist. In some places, specifically in the Panama Canal , a pilot assumes command of a vessel and is not classed as "an advisor". Other instances may be crossing the sill of a drydock , or in any port in Russia (or ex-Soviet States). This distinction
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4074-492: The United States Constitution grants original jurisdiction to U.S. federal courts over admiralty and maritime matters; however, that jurisdiction is not exclusive, and most maritime cases can be heard in either state or federal courts under the "saving to suitors" clause. There are five types of cases which can only be brought in federal court: The common element of those cases are that they require
4171-418: The charted area , including the depth of water in which their ship is navigating. Ship-handling in coastal areas may involve arriving and departing a berth, anchorage or buoy , maneuvering in confined channels and harbours and in proximity to other ships, whilst at all times navigating safely. Seamanship also involves safe navigation in restricted waterways, for example in river and canal transits eg along
4268-757: The continental law (civil law) that prevails in Scottish law and in continental Europe , which trace back to Roman law . Although the English Admiralty court was a development of continental civil law, the Admiralty Court of England and Wales was a common law court, albeit somewhat distanced from the mainstream King's Bench . Most of the common law countries (including Pakistan , Singapore , India , and many other Commonwealth of Nations countries) follow English statute and case law. India still follows many Victorian-era British statutes such as
4365-617: The law of the sea , which is a body of public international law dealing with navigational rights, mineral rights , jurisdiction over coastal waters, and the maritime relationships between nations. The United Nations Convention on the Law of the Sea has been adopted by 167 countries and the European Union , and disputes are resolved at the ITLOS tribunal in Hamburg. Seaborne transport
4462-1155: The 12-hour Facebook Live event episode of The Third Day (miniseries) , Part 2: Autumn. The line "All I ask is a tall ship and a star to steer her by" is quoted on the ship plaque of the USS Defiant in Star Trek: Deep Space Nine . The sailor Sir Peter Blake 's headstone, at Warblington Cemetery, near Emsworth on the south coast of England, bears the first stanza of Sea-Fever. Seamanship It involves topics and development of specialised skills, including navigation and international maritime law and regulatory knowledge; weather , meteorology and forecasting; watchkeeping ; ship-handling and small boat handling; operation of deck equipment, anchors and cables; ropework and line handling; communications ; sailing ; engines ; execution of evolutions such as towing; cargo handling equipment, dangerous cargoes and cargo storage; dealing with emergencies; survival at sea and search and rescue ; and fire fighting . The degree of knowledge needed within these areas
4559-537: The 1920 Jones Act grants a jury trial to seamen suing their employers. Maritime law is governed by a uniform three-year statute of limitations for personal injury and wrongful death cases. Cargo cases must be brought within two years (extended from the one-year allowance under the Hague-Visby Rules ), pursuant to the adoption of the Rotterdam Rules . Most major cruise ship passenger tickets have
4656-500: The 1954 case of Adler v Dickson (The Himalaya) [1954] allowed a shipping line to escape liability when a bosun's negligence resulted in a passenger being injured. Since then, the Unfair Contract Terms Act 1977 has made it unlawful to exclude liability for death or personal injury caused by one's negligence. (Since then, however, the so-called " Himalaya clause " has become a useful way for a contractor to pass on
4753-531: The Admiralty Court became a proactive source of innovative legal ideas and provisions to meet the new situation. The Judicature Acts of 1873–1875 abolished the Admiralty Court as such, and it became conflated in the new Probate, Divorce and Admiralty division of the High Court. However, when the PDA was abolished and replaced by a new Family Division, admiralty jurisdiction passed to a so-called Admiralty Court which
4850-685: The England and Wales High Court is the Senior Courts Act 1981 , ss. 20–24, 37. The provisions in those sections are, in turn, based on the International Arrest Convention 1952. Other countries which do not follow the English statute and case laws, such as Panama , also have established well-known maritime courts which decide international cases on a regular basis. Admiralty courts assume jurisdiction by virtue of
4947-760: The Law of the Sea (UNCLOS) defined a treaty regarding protection of the marine environment and various maritime boundaries . Restrictions on international fishing such as International Convention for the Regulation of Whaling also form part of the body of conventions in international waters. Other commercial conventions include the "International Convention relating to the Limitation of the Liability of Owners of Sea-Going Ships", Brussels , 10 October 1957. and International Convention for Safe Containers . Once adopted, most international conventions are enforced by
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#17327913960735044-742: The Sea or the Hanseatic League . In southern Italy the Ordinamenta et consuetudo maris (1063) at Trani and the Amalfian Laws were in effect from an early date. Bracton noted further that admiralty law was also used as an alternative to the common law in Norman England, which previously required voluntary submission to it by entering a plea seeking judgment from the court. A leading sponsor of admiralty law in Europe
5141-585: The U.S. Constitution, then under consideration by the States, be amended to include "trial by jury in all matters of fact triable by the laws of the land and not by the laws of Nations". The result was the United States Bill of Rights . Alexander Hamilton and John Adams were both admiralty lawyers and Adams represented John Hancock in an admiralty case in colonial Boston involving seizure of one of Hancock's ships for violations of customs regulations. In
5238-577: The U.S., the progression begins with what is known as "the six pack", a license that allows fishing guides to operate with up to six passengers . In the United Kingdom , all seafarers, both deck officers and crew, must complete an Efficient Deck Hand (EDH Course) at an approved training provider under direction of the UK Merchant Navy Training Board . The crew of a large ship will typically be organized into "divisions" or "departments", each with its own specialty. For example,
5335-497: The change of injury eg due to slips, trips and falls. Officers and Masters must pass formal examinations to demonstrate their knowledge at various levels, in accordance with national laws and the STCW Convention . These examinations have a progression based on the size and complexity of the ship, including its sailing area as well as by rank. Globally, most seafarers are required to possess a basic seamanship certificate. In
5432-507: The court to exercise jurisdiction over maritime property. For example, in a petitory and possession action, a vessel whose title is in dispute, usually between co-owners, will be put in the possession of the court until the title dispute can be resolved. In a limitation action, the shipowner will post a bond reflecting the value of the vessel and her pending freight. A sixth category, that of prize , relating to claims over vessels captured during wartime, has been rendered obsolete due to changes in
5529-462: The deck department is responsible for navigation, ship handling and general maintenance, while the engineering division are responsible for propulsion and other mechanical systems. Crew start on the most basic duties and as they gain experience and expertise advance within their area. Crew who have gained proficiency become "able seamen", "petty officers", "rated", or "mates" depending on the ship type and organisation. On smaller commercial craft, there
5626-507: The enemy of all mankind. While the flag state normally has jurisdiction over a ship on the high seas, there is universal jurisdiction in the case of piracy, which means that any nation may pursue pirates on the high seas, including pursuing them into a country's territorial waters. Most nations have signed onto the 1982 United Nations Convention on the Law of the Sea which dictates the legal requirements for pursuing pirates. Merchant vessels transiting areas of increased pirate activity (i.e.
5723-727: The first opportunity. Training is more formal in the merchant navy and naval forces, but still covers the basics of traditional seamanship. Smaller vessel types may have traditional methods of seamanships unique to their vessel types, for example turtling on dinghies and small sailing boats. Boatwork is a traditional seamanship skill. On commercial ships, this is usually limited to rescue boats and lifeboats, however yachts and other vessels such as passenger ships may have tenders and small boats for transporting people between ship/shore. boatwork includes knowledge and operation of different types of boat, launching procedures, recovery of boats (in normal and in heavy weather conditions), how to beach
5820-770: The following year ( https://www.imo.org/en/About/HistoryOfIMO/Pages/Default.aspx ). The IMO has prepared numerous international conventions concerning maritime safety, including the International Convention for the Safety of Life at Sea (SOLAS), the Standards for Training, Certification, and Watchkeeping ( STCW ), the International Regulations for Preventing Collisions at Sea (Collision Regulations or COLREGS), Maritime Pollution Regulations ( MARPOL ), International Convention on Maritime Search and Rescue (SAR Convention) and others. The United Nations Convention on
5917-432: The geographical areas they work. In most countries, the pilot takes over the 'conduct' of the navigation from the ship master. This means that the master and crew should adhere to the pilot's orders in respect of the safe navigation of the vessel when in a compulsory pilotage area. However, the master may with good cause resume 'conduct' of the vessel's navigation but this is not done lightly. In some countries and areas (eg
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#17327913960736014-400: The horizon is no longer possible, and after nautical dawn such navigation again becomes possible. Ice navigation involves navigating and operating a ship within sea ice conditions. Along with general navigation, seamanship involves being able to respond to weather at sea. For example, the onset of heavy or rough weather may require an alternative passage plan (or weather routeing) for
6111-598: The individual signatory nations, either through their Port State Control , or through their national courts. Cases within the ambit of the European Union 's EMSA may be heard by the CJEU in Luxembourg . By contrast, disputes involving the Law of the Sea may be resolved at ITLOS in Hamburg , provided that the parties are signatories to UNCLOS . Throughout history, piracy has been defined as hostis humani generis , or
6208-458: The law of international commerce , substituted for the original, legitimate " common law " system as part of a broader conspiracy which secretly replaced governments with corporations . The judiciary hence became admiralty courts with no actual jurisdiction over people. Sovereign citizens notably claim that the presence of gold fringes on the American flags displayed in courtrooms
6305-516: The laws and practices of warfare. Aside from those five types of cases, all other maritime cases, such as claims for personal injuries, cargo damage, collisions, maritime products liability, and recreational boating accidents may be brought in either federal or state court. From a tactical standpoint it is important to consider that in federal courts in the United States, there is generally no right to trial by jury in admiralty cases, although
6402-460: The more modern era, Supreme Court Justice Oliver Wendell Holmes was an admiralty lawyer before ascending to the bench. Matters dealt by admiralty law include marine commerce, marine navigation , salvage , maritime pollution , seafarers' rights , and the carriage by sea of both passengers and goods . Admiralty law also covers land-based commercial activities that are maritime in character, such as marine insurance. Some lawyers prefer to reserve
6499-485: The nozzle are the ship can be steered astern which a conventional rudder cannot, and the ship can be steered fully under control to a standstill switching between ahead and astern mode to give complete control over speed. Seamanship applies to general Mooring practices and anchoring (anchors are a device used to secure a vessel to the bed of a body of water to prevent the craft from drifting) and established marine procedures for anchoring (anchorwork). This also includes
6596-481: The ordinary practice of seamen, or by the special circumstances of the case.” The ordinary practice of seaman is seen as equivalent wording for seamanship. Other accepted practices of seamanship relating to the COLREGs include maintaining a proper look-out (Rule 5), proceeding at a safe speed (Rule 6) and taking correct actions to avoid collision (Rule 8). Seamanship involves the correct and adequate maintenance of
6693-692: The original owner (or insurer, if the vessel was insured) continues to have an interest in it, the salvor or finder will generally get the majority of the value of the property. While sunken ships from the Spanish Main (such as Nuestra Señora de Atocha in the Florida Keys ) are the most commonly thought of type of treasure salvage, other types of ships – including German submarines from World War II which can hold valuable historical artifacts, American Civil War ships (the USS Maple Leaf in
6790-734: The phrase in the Declaration of Independence "For depriving us in many cases, of the benefits of Trial by Jury" refers to the practice of the UK Parliament giving the Admiralty Courts jurisdiction to enforce the Stamp Act 1765 in the American colonies. The Stamp Act was unpopular in America, so a colonial jury would be unlikely to convict any colonist of its violation. The Admiralty Court, which has never had trial by jury,
6887-443: The pitch and not the direction of rotation was reversed to go astern. These propellers rotate counterclockwise at all times and so the "walk" is "normal". Other variations on propulsion include what are known as bucket rudders and Kort Nozzles where instead of a conventional rudder a pair of dish-shaped rudders, one either side of the propeller can be swivelled vertically to direct the propeller thrust through 360 degrees. Thus to put
6984-400: The presence of the vessel in its territorial jurisdiction irrespective of whether the vessel is national or not and whether registered or not, and wherever the residence or domicile or their owners may be. A vessel is usually arrested by the court to retain jurisdiction. State-owned vessels are usually immune from arrest. Canadian jurisdiction in the area of navigation and shipping is vested in
7081-446: The principles of ship-handling, a good shiphandler or pilot will have developed their sense of 'situational awareness' to a point well beyond that of an ordinary member of a ship's crew; their reactions will appear to be instinctive, positive and at all times safe. A key ability for a ship-handler with good seamanship is to possess an understanding of how wind , tide and swell influence vessel movement, along with passing vessels and
7178-410: The propeller would turn counterclockwise when going astern and the stern would walk to port. This aided in docking operations, where "port side to" was the preferred situation and the vessel would be brought to the dock with a small bow-in angle and backing would flatten the angle, slow or stop the vessel and walk it alongside. An exception to this is vessels which use a controllable-pitch propeller, where
7275-411: The protection of a limitation clause to his employees, agents and third-party contractors.) Banks which loan money to purchase ships, vendors who supply ships with necessaries like fuel and stores, seamen who are due wages, and many others have a lien against the ship to guarantee payment. To enforce the lien, the ship must be arrested or seized. In the United States, an action to enforce a lien against
7372-400: The relationships between private parties operating or using ocean-going ships. While each legal jurisdiction usually has its own legislation governing maritime matters, the international nature of the topic and the need for uniformity has, since 1900, led to considerable international maritime law developments, including numerous multilateral treaties. Admiralty law may be distinguished from
7469-468: The risk of injury and loss or damage to his equipment to salvage the damaged ship. Examples of high-order salvage are boarding a sinking ship in heavy weather, boarding a ship which is on fire, raising a ship or boat which has already sunk, or towing a ship which is in the surf away from the shore. Low-order salvage occurs where the salvor is exposed to little or no personal risk. Examples of low-order salvage include towing another vessel in calm seas, supplying
7566-458: The saving of property. There are two types of salvage: contract salvage and pure salvage, which is sometimes referred to as "merit salvage". In contract salvage the owner of the property and salvor enter into a salvage contract prior to the commencement of salvage operations and the amount that the salvor is paid is determined by the contract. The most common salvage contract is called a " Lloyd's Open Form Salvage Contract ". In pure salvage, there
7663-415: The seas again, to the lonely sea and the sky, And all I ask is a tall ship and a star to steer her by, And the wheel's kick and the wind's song and the white sail's shaking, And a grey mist on the sea's face and a grey dawn breaking. In The Collected Poems of John Masefield , the opening line was changed to the text now more commonly anthologised: "I must go down to the sea again, to the lonely sea and
7760-411: The shape of the nearby seabed (the interaction effect). These must also be combined with an understanding of a specific vessel's performance, including its propulsion and stopping distance to allow safe handling. Fundamental to low-speed maneuvering of most vessel types is an understanding of the configuration and handedness of the propeller (s). An effect known as propeller walk will kick the stern of
7857-780: The ship, as well as the use of an alternative heading to keep the vessel from rolling ( Heaving to ). Additionally, heavy weather precautions onboard such as lashing furniture in the accommodation or keeping crew off the deck is considered good seamanship when navigating in heavy weather. Navigation and seamanship also involves a working knowledge of correct marine communications and the Global Maritime Distress and Safety System . Seamanship also involves recognition of and navigation with Buoys including IALA maritime buoyage such as Lateral marks , Cardinal marks , Safe water marks , Special marks and Isolated danger marks . A fundamental skill of professional seamanship
7954-474: The shipowner is a bailment and if the carrier is to be liable as a common carrier , it must be established that the goods were placed in the carrier's possession and control for immediate carriage. Seamen injured aboard ship have three possible sources of compensation: the principle of maintenance and cure, the doctrine of unseaworthiness, and the Jones Act . The principle of maintenance and cure requires
8051-431: The shipowner to provide a seaman with his basic living expenses while he is convalescing. Once a seaman is able to work, he is expected to maintain himself. Consequently, a seaman can lose his right to maintenance, while the obligation to provide cure is ongoing. A seaman who is required to sue a shipowner to recover maintenance and cure may also recover his attorneys fees. Vaughan v. Atkinson , 369 U.S. 527 (1962). If
8148-484: The ship’s structure and equipment to keep the vessel seaworthy . This involves knowledge of tasks such as painting, greasing, renewing ropes, wires and other equipment items. Seamanship also involves a working knowledge of the relevant wires, ropes, chains, shackles and slings onboard. This includes mooring ropes using to keep the vessel secure in port. Seamanship on some vessel types may involves being able to maintain and use marine cranes and lifting equipment if fitted on
8245-456: The skills of the salvor, the peril to which the salvaged property was exposed, the value of the property which was risked in effecting the salvage, the amount of time and money expended in the salvage operation, etc. A pure or merit salvage award will seldom exceed 50 percent of the value of the property salved. The exception to that rule is in the case of treasure salvage. Because sunken treasure has generally been lost for hundreds of years, while
8342-744: The sky". The first lines of the second and third stanzas retained the form "I must down to the seas again [...]". "Cargoes" first appeared in Ballads – Masefield's second volume of poetry, published in 1903 in London by Elkin Mathews . Quinquereme of Nineveh from distant Ophir Rowing home to haven in sunny Palestine , With a cargo of ivory, And apes and peacocks, Sandalwood , cedarwood , and sweet white wine. "Sea-Fever" has been set to music by many composers, including John Coventry, on his EP "The Roots of Folk Volume 2" and Patrick Clifford on his album American Wake . The most famous version
8439-590: The term "admiralty law" for "wet law" (e.g. salvage, collisions, ship arrest, towage, liens and limitation), and use "maritime law" only for "dry law" (e.g. carriage of goods and people, marine insurance , and the Maritime Labour Convention ). The doctrine of maintenance and cure is rooted in Article VI of the Rolls of Oléron promulgated in about 1160 A.D. The obligation to "cure" requires
8536-559: The use of drogues as applicable. Anchor work includes an understanding and awareness of types of anchors, marks on anchors and cable and shackles. It includes learning established procedures for securing anchors and cable, use of windlasses, how to prepare the anchors/clearing away anchors for letting go, letting-go (dropping) the anchor, keeping an anchor watch, clearing a foul Hawse , weighing anchor and securing anchors for sea. Most commercial vessels in excess of size limits determined by local authorities are handled in confined areas by
8633-404: The use of ensigns and also Morse code procedure and practice. In the days of sailing ships , an able seaman was expected to be able to "hand, and reef, and steer" and to "know the ropes" , the basic knowledge on the identity of the many ropes with different functions. This latter knowledge was essential for both safety and efficient working - those without it would be dismissed or dis-rated at
8730-462: The vessel into astern mode the rudder can be rotated through 180 degrees without altering the speed and direction of the engine. Since with the conventional propeller or rudder configuration the propeller is designed to operate at maximum efficiency when going ahead, it produces far less thrust when going astern. But with the Kort Nozzle, the ahead and astern thrust is the same. Other advantages of
8827-421: The vessel the seafarer is working on. Some ship types will have specialist cargo equipment and tools; for example, a bulk carrier may have gantry cranes or grabs for cargo or a container ship may have container lashings. Cargoes should be properly stowed and secured to prevent shifting while at sea. Oil tankers and gas carriers can be somewhat complex due to the hazardous nature of their cargoes, and therefore
8924-399: The vessel to port or starboard depending on the configuration and the type of propeller, when large variations on propeller rotation speed or changes of propeller rotation direction take place. (In single-screw vessels where the rotation of the propeller is reversed on an astern bell, a standard was established that the propeller would turn clockwise when viewed from astern. This would mean that
9021-505: Was done in 2001 to handle the constantly upgrading modern shipping industry. The purpose of the Pakistan Merchant Shipping Ordinance 2001 is to provide a strategy and rules under which the government authorities will function in dealing with stuff related to the shipping industry. This law also handles duties internationally required under the ILO ( International Labour Organization ) conventions as Pakistan
9118-715: Was effectively the King's Bench sitting to hear nautical cases. The Senior Courts Act 1981 then clarified the admiralty jurisdiction of the Queen's Bench, so England and Wales once again has a distinct Admiralty Court (albeit no longer based in the Royal Courts of Justice , but in the Rolls Building ). English Admiralty courts were a prominent feature in the prelude to the American Revolution . For example,
9215-525: Was one of the earliest channels of commerce, and rules for resolving disputes involving maritime trade were developed early in recorded history. Early historical records of these laws include the Rhodian law ( Nomos Rhodion Nautikos ), of which no primary written specimen has survived, but which is alluded to in other legal texts (Roman and Byzantine legal codes), and later the customs of the Consulate of
9312-630: Was the French Queen Eleanor of Aquitaine . Eleanor had learned about admiralty law while on the Second Crusade in the eastern Mediterranean with her first husband, King Louis VII of France . Eleanor then established admiralty law on the island of Oléron , where it was published as the Rolls of Oléron . Some time later, while she was in London acting as regent for her son, King Richard I of England , Eleanor instituted admiralty law into England as well. In England and Wales ,
9409-836: Was thus given jurisdiction so a colonist charged with breaching the Stamp Act could be more easily convicted by the Crown. Admiralty law gradually became part of United States law through admiralty cases arising after the adoption of the U.S. Constitution in 1789. Many American lawyers who were prominent in the American Revolution were admiralty and maritime lawyers. Those included are Alexander Hamilton in New York and John Adams in Massachusetts . In 1787, Thomas Jefferson wrote to James Madison proposing that
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