port

A place to which the officers of the customs are appropriated, and which includes the privileges and guidance of all members and creeks which are allotted to them. 1 Chit. Com. Law, 726; Postlethwaite. A proper place for the lading or unlading of vessels, recognized and supervised for maritime purposes by the public authorities. A port differs from a haven, and includes something more. First, it is a place at which vessels may arrive and discharge or take in their cargoes. Second, it comprehends a ville, city, or borough, called in Latin caput corpus, for the reception of mariners and merchants, for securing the goods and bringing them to market, and for victualling the ships. Third, it is impressed with its legal character by the civil authority. Hale de Port. Mar. c. 2; 1 Harg. Tr. 46, 73; Bac. Abr. "Prerogative" (D 5); Comyn, Dig. "Navigation" (E); 4 Inst. 148; Callis, Sewers, 56; 2 Chit. Com. Law, 2; Dig. 50. 16. 59; Id. 43. 12.' 1. 13; Id. 47. 10. 15. 7; Id. 39. 4. 15.

A place to which the officers of the customs are appropriated, and which includes the privileges and guidance of all members and creeks which are allotted to them. 1 Chitty, Com. Law 72G; Postlewaith, Com. Diet. According to Dalloz, a port is a place within land, protected against the waves and winds and affording to vessels a place of safety. By the Roman law a port is defined to be locus conclusus quo importantur mcrces et unde exportantur. Dig. 50. mous with district, when the limits of the port and district are the same; Ayer v. Thacher, 3 Mas. 153, Fed. Cas. No. 684. As used in the R. S. § 4347 it means any place from which merchandise may be shipped. A port differs from a haven, and includes something more. First, it is a place at which vessels may arrive and discharge or take in their cargoes. Second, it comprehends a ville, city, or borough, called in Latin caput coryus, for the reception of mariners and merchants, for securing the goods and bringing them to market, and for victualling the ships. Third, it is Impressed with its legal character by the civil authority. Hale, de Portibus Mar. c. 2; 1 Hargr. Tracts 4G, 73; Bac. Abr. Prerogative (D 5); Com. Dig. Navigation (Id); Co. 4th hist. 148; 2 Chitty, Com. L. 2; Dig. 50. 36. 59; 43. 12. 1. 13; 47. 10. 15. 7; 39. 4. 15. The exact meaning of the term was considered by Ivord Esher, M. R., in 35 Q. B. D. 580. He held that it was not usually the legal port as defined by acts of Parliament, hut, “a place of safety for the ship and goods, whilst the goods are being loaded aud unloaded”; that there never would he a port in the ordinary business sense of the ivonl, unless there was some element of safety in it for the ship and goods, and that nothing was more certain to be such a port than a natural port; that a natural port was “a * place in which the conformation of the land with regard to the sea is such that, if you get your ship within certain limits, she is in a place of safety for loading and unloading”; that any place at which the loading and unloading took place might safely be inferred to be within “the port,” as understood by the parties; that beyond the place of loading and unloading, the port would extend to any further space over which the court authorities were in the habit of exercising ‘‘port discipline” In L. R. 4 Ex. 238, 245, Byles, J., said: “The passage from Lord Hale, de Port thus Maris (ch. 2, p. 46), shows that the limits of a port may depend on the existence of wharves, quays, buildings, and other conveniences. It may accordingly, from time to time, vary and increase with the increase of population and of buildings. Lord Ilale further says: “The port of London anciently extended to Greenwich in the time of Edward I. and Gravesend is a member of it. The extent of a port therefore after a lapse of years may become a question of fact.” In the same case below the meaning of “port” generally was considered by Martin, B.; L. R. 3 Ex. 330, 345. See Home Pout; Domestic Port.

A place for the lading and unlading of the cargoes of vessels, and the collection of duties or customs upon imports and exports. A place, either on the sea-coast or on a river, where ships stop for the purpose of loading and unloading, from whence they depart, and where they finish their voyages. The Wharf Case, 3 Bland (Md.) 361; Packwood v. Walden, 7 Marti N. S. (Lat) 88; Devato v. Barrels of Plumbago (D. Ct) 20 Fed. 515 ; Petrel Guano Co. v. Jarnette (C. C.) 45 Fed. 675; De Longue-mere v. Insurance Co., 10 Johns. (N. Y.) 125.

In French maritime law. Burden, (of a vessel;) site and capacity.

— Foreign port. A foreign port is properly one exclusively within, the jurisdiction of a foreign nation, hence one without the United States. King v. Parks, 19 Johns. (N. Y.) 375 ; Bigley v. New York & P. R. S. S. Co. (D. C.) 105 Fed. 74. But the term is also applied to a port in any state other than the state where the vessel belongs or her owner resides. The Canada (D. CO 7 Fed. l24; The Lulu, 10 Wall. 200, 19 L. Ed. 906; Negus v. Simpson, 99 Mass. 393.

— Home port. The port at which a vessel is registered or enrolled or where the owner resides.

— Port charges, dues, or tolls. Pecuniary exactions upon vessels avniling themselves of the commercial conveniences and privileges of a port.

— Port-greve. The chief magistrate of a sea-port town is sometimes so called.

— Port of delivery. In maritime law. The port which is to be the terminus of any particular voyage, and where the vessel is to unlade or deliver her cargo, as distinguished from any port at which she may touch, during the voyage, for other purposes. The Two Catharines, 24 Fed. Cas. 429.

— Port of destination. In maritime law and marine insurance, the term includes bath ports which constitute the termini of the voyage, the home-port and the foreign port to which the vessel is consigned, as well as any usual stopping places for the receipt or discharge of cargo. Gookin v. New England Mut. Marine Ins. Go., 12 Gray (Mass.) 501, 74 Am. Dec. 609.
—Port of discharge, in a policy of marine insurance, means the place where the substantial part of the cargo is discharged, although there is an intent to complete the discharge at another basin. Bramhall v. Sun Mut. Ins. Co., 104 Mass. 510, 6 Am. Rep. 261.

— Port of entry. One of the ports designated by law, at which a custom-house or revenue office is established for the execution of the laws imposing duties on vessels and importations of goods. Cross v. Harrison, 16 How. 164, 14 L. Ed. 889.

— Port-reeve, or port-warden. An officer maintained in some ports to oversee the administration of the local regulations ; a sort of harbor-master.

— Port-risk. In marine insurance. A risk upon a vessel while lying in port, and before she bas taken her departure upon another voyage. Nelson v. Sun Mut. Ins. Co., 71 N. Y. 459.

A place for the importation and exportation of goods and merchandise; a place for the Jading and unlading of vessels, and the ing. Port of destination: in a time policy, may mean any foreign port to which the vessel is destined, and any usual stopping place for lading and unlading. Port of discliarge: a place at which it is usual to discharge cargo, and to which the vessel is destined for that purpose. Port of entry: a port for the entry of vessels for the discharge of cargo subject to customs duties. Port-risk: in the law of insurance, a risk upon a vessel lying in port

Generally, a harbor or shelter for vessels from storms. Applied to a place where there is' no harbor, may mean only a 1 Denver, &c. E. Co. v. Atchison, &c. B. Co., 15 F. E. 650, 667 (18£3), cases, Hallett, J.; ib. 667-74, cases. ! Commonwealth u Kinsley, 133 Mass. 579 (1883). 'See State v. Osawkee Township, 14 Kan. 421-23 (1875), Brewer, J. 1 Beardsley v. Bridgeport, 53 Conn. 492 (1885). ' Hutohings v. Thompson, 10 Cush. 239 (1852), Met calf, J. « Force V. Haines, 17 N. J. L. 405 (1840), Hornblower, Chief Justice. ^ L. popularis; populus, the people. road or anchorage — a place for loading and unloading cargoes.' May include any place from which merchandise can be shipped for importation, or at which merchandise can be imported.^ Foreign port. A port outside of the United States.' The porta of the States are foreign to each other for some purposes; as, tor pledging the credit of the owner for supplies.* See Vessel, Foreign. Home port. The port of enrollment. While it is difficult to formulate a rule by which the home port of a vessel belonging to persons residing in different States may be determined, it is well settled that a vessel cannot have more than one home port, or be a domestic vessel in more than one State. A fortiori^ if owned by residents of different States, she maj' be a foreign vessel in the port of a State wherein certain of her ownei's reside. Prima facie, the home port is the place of enrollment, where or nearest to which the owner, or, if more than one owner, the managing owner, resides.^ Port of delivery. Sometimes distinguishes the port of unloading or destination from any port at which the vessel touches for other purposes.** Port of destination. In a time policy, may mean any foreign port to which the vessel may be destined, ks well as her home port, and include any usual stopping place for loading or unloading cargoee.' Port of discharge. Any place at which it is usual to discharge cargo, and to which the vessel is destined for the purpose of discharging a substantial part.^ To constitute a " port of destination " a " port of discharge " some goods must be unladen or some act done to terminate the voyage there.' Port of entry. A port designated for the entry of vessels, with reference to the execution of laws imposing duties. See Entky, II, 3. ' [De Longuemere v. N. T. Kre Ins. Co., 10 Johns •183 (181-3), Kent, C. J. "R. S. §2767. ' King V. Parks, 19 Johns. *377 (1832); 26 Wend. 511. •The Lulu, 10 Wall. 200 (1869); Negus v. Simpson, 09 Mass. 393 (1808); 2 Low. 663; 2 Abb. U. S. 172. ' The Ellen Holgate, 30 F. E. 1^6 (1887), cases, Wales, Judge. » [The Two Catherines, 2 Mas. 331 (1821), Story, J, ' [Gookin v. New England Mut. Mar. Ins. Co., 12 Gray, 513-16 (1859), Dewey, J. s Bramhall v. Sun Ins. Co., 104 Mass. 513 (1870), Gray, J.; 1.32 id. 588; 5 Mas. 414; 2 Cliff. 4; 1 Sprague, 485; 18 Port-risk. A risk upon a vessel while lying in port, and before she has departed on another voyage.' See Arrival; Blockade; Commerce; Dispatch; Export; Import; Inspection, 1; Use, 1.

A place to which the officers of the customs are appropriated, and which include the privileges and guidance of all members and creeks which are allotted to them. 1 Chit. Com. Law, 726; Postlewaith’s Com. Dict. h. t.; 1 Chit. Com. L. Index, h. t. A port differs from a haven, (q. v.) and includes something more. Ist. It is a place at which vessels may arrive and discharge, or take in their cargoes; 2. It comprehends a ville, city or borough called in latin caput corpus, for the reception of mariners and merchants, for securing the goods, and bringing them to market, and for victualling the ships; 3. It is impressed with its legal character by the civil authority. Hale de Pertibus Mar. c. 2; 1 Harg. 46, 73; Bac. Ab. Prerogative, D 5; Com. Dig. Navigation, E; 4 Inst. 148; Callis on Sewers, 56; 2 Chit. Com. Law, 2.