Sailing

It is sometimes important, in the construction of a charter party, or marine insurance policy, to know when a vessel commenced her voyage, and to this end to determine what constitutes a sailing. It has been held that complete readiness for the sea, with the intention of proceeding at once on the voyage, is sufficient, though head winds should prevent any actual progress; Bowen v. Hope Ins. Co., 20 Pick. (Mass.) 275, 32 Am. Dec. 213; see Pedersen v. Pagenstecher, 32 Fed. 842; but the word sail is held to be a technical word and to mean to start on a voyage; 34 L. J. C. P. 195; so a ship which drew out from its wharf and anchored in a river, whence it proceeded the next day, sailed on the latter day; [1898] 1 Q. B. 27. not by sails, to the mouth of the harbor, she was held by Cadwalader, J., to have sailed; The Francesca Curro, 4 Wkly. Notes Cas. (Pa.) 415; s. c. 2 Cadw. Dec. 520. A ship by quitting her moorings on or before the day named, in a state ready for sea, with a bona fide intention of prosecuting the voyage, has sailed, notwithstanding her progress was soon after delayed by an unforeseen event; but if she was not ready for sea when she quit her moorings this is evidence that there was no such bona fide intention, any appearance to the contrary notwithstanding; it will be held that she had not sailed; Maclachlan, Merch. Shipp. 414. If the vessel quits her moorings and removes, though only to a short distance, being perfectly ready to proceed upon her voyage, and is by some subsequent occurrence detained, that is, nevertheless, a sailing; 3 B. & Ad. 514. There can be no “sailing” without a clear intention on the part of the master to proceed directly on his voyage; [1898] 1 Q. B. 27. Moving from the wharf into the stream may be enough; id. See 37 Am. L. Reg. N. S. 201, an article by Erskine Hazard Dickson; Maclachlan, Mer. Ship. 414. As advanced freight is frequently made payable at or within a certain time after final sailing from the port of loading, there has been much discussion as to the meaning of both of these terms. In the leading English case, Parke, B., considered that final sailing “meant more than if the word sailing were used alone,” that it had reference to the particular port of Cardiff, out of which the vessel sailed, meaning a final departure and being out of the limits of the artificial port, at sea, ready to proceed upon her voyage; 23 L. J. Ex. 169. Where the ship left the harbor to anchor in the roadstead and lie there until the crew should be completed, without the intention of returning to the harbor, it was held that she had not sailed; 24 L. J. Q. B. 340; so also where the master took the vessel out of the port and left her in the roads under easy sailing, while he returned ashore to complete her papers; 26 id. 239. “Final sailing I apprehend means getting clear of the port for the purpose of proceeding on the voyage;” Lindley, L. J., in 9

When a vessel quits her moorings, in complete readiness for sea, and it is the actual and real intention of the master to proceed on the voyage, and slie is afterwards stopped by headwinds, and comes to anchor, still intending to proceed as soon as wind and weather will permit, this is a sailing on the voyage. Bowen,;. Hope Ins. Co., 20 Pich. 275. Sailing instructions. Written or printed directions, delivered by the commanding ofi Bcer of a convoy to the masters of ships under his care, by which they are enabled to understand and answer his signals, and also to know the place of rendezvous in case of dispersion. Without these sailing instructions, no vessel can have the full protection and benefit of a convoy. Marsh. Ins. (4th ed.) 291.