1291. Reports of accidents to vessels.-That from and after the first day of July, eighteen hundred and seventy-four, whenever any vessel of the United States has sustained or caused any accident involving the loss of life, the material loss of property, or any serious injury to any person, or has received any material damage affecting her seaworthiness or her efficiency, the managing owner, agent, or master of such vessel shall within five days after the happening of such accident or damage, or as soon thereafter as possible, send, by letter to the collector of customs of the district wherein such vessel belongs or of that within which such accident or damage occurred, a report thereof, signed by such owner, agent, or master, stating the name and official number (if any) of the vessel, the port to which she belongs, the place where she was, the nature and probable occasion of the casualty, the number and names of those lost, and the estimated amount of loss or damage to the vessel or cargo; and shall furnish, upon the request of either of such collectors of customs, such other information concerning the vessel, her cargo, and the casualty as may be called for; and if he neglect or refuse to comply with the foregoing requirements after a reasonable time, he shall incur a penalty of one hundred dollars. Sec. 10, act of June 20, 1874 (18 Stat. 128).

That the Secretary of the Treasury may, upon application therefor, remit or mitigate any penalty provided for in this Act, or discontinue any prosecution to recover the same, upon such terms as he, in his discretion, shall think proper, and shall have authority to ascertain the facts upon all such applications in such manner and under such regulations as he may think proper. All penalties herein provided may be sued for, prosecuted, recovered, and disposed of in the manner prescribed by section forty-three hundred and five of the Revised Statutes. Sec. 13, act of June 20, 1874 (18 Stat. 128), as amended by sec. 11, act of Mar. 3, 1897 (29 Stat. 689).

The above provisions were made applicable to barges in tow in open sea by sec. 15, act of Mar. 4, 1915 (38 Stat. 1184).

Notes of Decisions.

Tampering with report. -The unexplained abstraction from the files of the office of the local inspectors of the report of a vessel in collision, and the filing of an amended report four days after, both of which were in the handwriting of a clerk

of the claimant, is irregular and unlawful, and presumably chargeable upon the claimant, and would throw discredit upon its case, if the merits were otherwise doubtful. Dinniny . The Sam Sloan (D. C. 1894), 65 Fed. 125.

1292. Aid given by Canadian vessels in United States waters.-That Canadian vessels and wrecking appurtenance may render aid and assistance to Canadian or other vessels and property wrecked, disabled, or in distress in the Waters of the United States contiguous to the Dominion of Canada: Provided, That this act shall not take effect until proclamation by the President of the United States that the privilege of aiding American or other vessels and property wrecked, disabled, or in distress in Canadian waters contiguous to the United States has been extended by the Government of the Dominion of Canada to

American vessels and wrecking appliances of all descriptions. This act shall be construed to apply to the canal and improvement of the waters between Lake Erie and Lake Huron, and to the waters of the Saint Mary's River and canal: And provided further, That this act shall cease to be in force from and after the date of the proclamation of the President of the United States to the effect that said reciprocal privilege has been withdrawn, revoked, or rendered inoperative by the said Government of the Dominion of Canada. Act of June 19, 1878 (20 Stat. 175), as amended by act of May 24, 1890 (26 Stat. 120).

The words "the Welland Canal," omitted here, were stricken out by act of Mar. 3, 1893 (27 Stat. 683).

On July 17, 1893, President Cleveland made proclamation that the condition above specified had been fulfilled and that above acts are in full force and effect.

1293. Aid in case of collision of vessels.-That in every case of collision between two vessels it shall be the duty of the master or person in charge of each vessel, if and so far as he can do so without serious danger to his own vessel, crew, and passengers (if any), to stay by the other vessel until he has ascertained that she has no need of further assistance, and to render to the other vessel, her master, crew, and passengers (if any) such assistance as may be practicable and as may be neecssary in order to save them from any danger caused by the collision, and also to give to the master or person in charge of the other vessel the name of his own vessel and her port of registry, or the port or place to which she belongs, and also the name of the ports and places from which and to which she is bound. If he fails so to do, and no reasonable cause for such failure is shown, the collision shall, in the absence of proof to the contrary, be deemed to have been caused by his wrongful act, neglect, or default. Sec. 1, act of Sept. 4, 1890 (26 Stat. 425).

That every master or person in charge of a United States vessel who fails, without reasonable cause, to render such assistance or give such information as aforesaid shall be deemed guilty of a misdemeanor, and shall be liable to a penalty of one thousand dollars, or imprisonment for a term not exceeding two years; and for the above sum the vessel shall be liable and may be scized and proceeded against by process in any district court of the United States by any person; one-half such sum to be payable to the informer and the other half to the United States. Sec. 2, act of Sept. 4, 1890 (26 Stat. 425).

Notes of Decisions.

Excuse for failure to stand by.-Where a schooner collided with one of two barges towed by a steam tug, and was swept on by the wind, and carried a considerable distance to leeward before the extent of her own injuries and peril could be ascertained, in view of the fact that the injured barge was near land, and the steam tug and the other barge were at hand, the schooner should not be held liable beca use she proceeded on her course without turning to the assistance of the barge, or giving her name, as required by this section. Co. Boston Towboat v. Winslow (1896), 76 Fel. 595, 22 C. C. A. 327.

The failure of the captain of one of two vessels, both of which were seriously injured in a collision, to stand by after the other had been beached, or to take off her

passengers, was not a violation of this section, where it was calm and there was little danger to the passengers, and the extent of the injury to his on vessel was unknown, and where, after proceeding to port, only 4 miles distant, he at once gave notice and himself returned with a tug, and all the passengers and crew were safely taken off. The Trader (D. C. 1904), 129 Fed. 462.

Effect of failure of vessel to stand by.The failure of a vessel to stand by after collision merely places upon her the burden Crossof proof in a suit for the collision. ley r. The Hercules (D. C. 1895), 70 Fed. 334; reversed (1897), 80 Fed. 998, 26 C. C. A. 301; The Luzerne (D. C. 1906), 148 Fed. 133.

1294. Collision by vessel engaged upon river and harbor work.-That whenever any vessel belonging to or employed by the United States engaged upon river and harbor works collides with and damages another vessel, pier, or other legal structure belonging to any person or corporation, and whenever, in the prosecution of river and harbor works, an accident occurs damaging or destroying property belonging to any person or corporation, and whenever personal property of employees of the United States, who are employed on or in connection with river and harbor works, is damaged or destroyed in connec tion with the loss, threatened loss, or damage to United States property, or through efforts to save life or to preserve United States property, the Chief of Engineers shall cause an immediate examination to be made, and if, in his judgment, the facts and circumstances are such as to make the whole or any part of the damages or destruction a proper charge against the United States, the Chief of Engineers, subject to the approval of the Secretary of War, shall have authority to adjust and settle all claims for damages or destruction caused by the above designated collisions, accidents, and so forth, in cases where the damage or expense does not exceed $500, and pay the same from the appropriation directly involved, and to report such as exceed $500 to Congress for its consideration. Sec. 4, act of June 25, 1910 (36 Stat. 676), as amended by sec. 9, act of June 5, 1920 (41 Stat. 1015).

Notes of Decisions.

Liability for injury caused by dredge.A dredge, while working at a place 140 feet out from Long Island City pier, was moored to the pier by two wire cables stretched above the water, with nothing to give notice of their presence, except the cables themselves and a sign on the dredge to look out for anchor cables." A New York City fireboat, attempting to pass between the dredge and pier in answering a

call to a fire, did not see the cables until too late to stop or avoid them, and was injured by running into them. Held, that the dredge was in fault for not giving a better warning of such an unusual obstruction, and the fireboat was not chargeable with contributory fault because she was not in the center of the river, as required of all vessels by a State statute. The No. 1 (1910), 180 Fed. 969, 104 C. C. A. 125.

1295. Salvage not an obligation for Government vessels.-That nothing in this Act shall be construed as applying to ships of war or to Government ships appropriated exclusively to a public service. Sec. 5, act of Aug. 1, 1912 (37 Stat. 242).

1296. Vessels stranded on foreign coasts.-Consuls and vice-consuls, in cases where vessels of the United States are stranded on the coasts of their consulates respectively, shall, as far as the laws of the country will permit, take proper measures, as well for the purpose of saving the vessels, their cargoes and appurtenances, as for storing and securing the effects and merchandise saved, and for taking inventories thereof; and the merchandise and effects saved, with the inventories thereof so taken, shall, after deducting therefrom the expenses, be delivered to the owners. No consul or vice-consul shall have authority to take possession of any such merchandise, or other property, when the master, owner, or consignee thereof is present or capable of taking possession of the same. R. S. 4238.

1297. Saving life at sea.-That the master or person in charge of a vessel shall, so far as he can do so without serious danger to his own vessel, crew, or passengers, render assistance to every person who is found at sea in danger of being lost; and if he fails to do so, he shall, upon conviction, be liable to a penalty of not exceeding one thousand dollars or imprisonment for a term not exceeding two years, or both. Sec. 2, act of Aug. 1, 1912 (37 Stat. 242).

1298. Salvage claim in case of common ownership.-That the right to remuneration for assistance or salvage services shall not be affected by common ownership of the vessels rendering and receiving such assistance or salvage services. Sec. 1, act of Aug. 1, 1912 (37 Stat. 242).

1299. Salvage services rendered by a Government vessel and crew. That the United States, and the crew of any merchant vessel owned or operated by the United States, or such corporation, shall have the right to collect and sue for salvage services rendered by such vessel and crew, and any moneys recovered therefrom by the United States for its own benefit, and not for the benefit of the crew, shall be covered into the United States Treasury to the credit of the department of the Government of the United States, or of the United States Shipping Board, or of such corporation, having control of the possession or operation of such vessel. Sec. 10, act of Mar. 4, 1920 (41 Stat. 528).

1300. Salvors of life to share in remuneration for salvage. That salvors of human life, who have taken part in the services rendered on the occasion of the accident giving rise to salvage, are entitled to a fair share of the remuneration awarded to the salvors of the vessel, her cargo, and accessories. Sec. 3, act of Aug. 1, 1912 (37 Stat. 242).

1301. Time limit for salvage suits.-That a suit for the recovery of remuneration for rendering assistance or salvage services shall not be maintainable if brought later than two years from the date when such assistance or salvage was rendered, unless the court in which the suit is brought shall be satisfied that during such period there had not been any reasonable opportunity of arresting the assisted or salved vessel within the jurisdiction of the court or within the territorial waters of the country in which the libelant resides or has his principal place of business. Sec. 4, act of Aug. 1, 1912 (37 Stat. 242).

Notes of Decisions.

Salvage claims.-There are three elements Lecessary to a salvage claim: (1) A marine peril to the property rescued; (2) service voluntarily rendered when not required as an existing duty or from a special contract; and (3) success in whole or

in part, or that the service rendered contributed to such success. It is unnecessary to show that escape from danger by other means was not possible, provided the danger was real and imminent. Manchester Liners, Ltd., v. U. S. (1918), 53 Ct. Cl. 449.

1302. Bills of lading required. That it shall be the duty of the owner or owners, masters, or agent of any vessel transporting merchandise or property from or between ports of the United States and foreign ports to issue to shippers of any lawful merchandise a bill of lading, or shipping document, stating, among other things, the marks necessary for identification, number of packages, or quantity, stating whether it be carrier's or shipper's weight, and apparent order or condition of such merchandise or property delivered to and received by the owner, master, or agent of the vessel for transportation, and such document shall be prima facie evidence of the receipt of the merchandise therein described. Sec. 4, act of Feb. 13, 1893 (27 Stat. 445).

The provisions of this section were made inapplicable to the transportation of live animals by sec. 7 of this act.

Notes of Decisions.

Right to, and sufficiency of, bill of lading. A shipper of goods on a vessel is en titied to a bill of lading therefor as a matter of right; but, where the master claims

demurrage for delay in loading, he has the right to give notice of the claim in, or by Indorsement upon, such bill, so as to charge a transferee with such notice. Watt v.

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