seaworthiness

things about a ship, whether the hull, the decks, the machinery, the tools furnished, the stowage, or the cargo containers, must be reasonably fit for the purpose for which they are to be used

In maritime law. The sufficiency of the vessel in materials, construction, equipment, officers, men, and outfit, for the trade or service in which it is employed. 5 M. & W. 414, 9 L. J. Ex. 48. Any sort of disrepair left in the ship, by which she or the cargo may suffer, is a breach of the warranty of seaworthiness. A deficiency of force in the crew, or of skill in the master, mate, etc., is a want of seaworthiness. 1 Campb. 1; 14 East, 481; 4 Duer (N. Y.) 234. If the assurance attaches before the voyage commences, it is enough that the state of the ship be commensurate to the then risk; and, if the voyage be such as to require a different complement of men, or state of equipment in different parts of it, as if it were a voyage down a canal or river and thence across to the open sea, it would be enough if the vessel were, at the commencement of each stage of the navigation, properly manned and equipped for it. 5 M. & W. 414; 8 lb. 895; 9 L. J. Ex. 48. And if there was once a sufficient crew, their temporary absence will not be considered a breach of the warranty. 2 Barn. & Aid. 73; 1 Johns. Cas. (N. Y.) 184; 1 Pet. (U. S.) 183. A vessel may be rendered not seaworthy by being overloaded. 2 Barn. & Aid. 320. It can never be settled by positive rules of law how far this obligation of seaworthiness extends in_ any particular case, for the reason that improvements and changes in the means and modes of navigation frequently require new implements, or new forms of old ones; and these, though not necessary at first, become so when there is an established usage that all ships of a certain quality, or those to be sent on certain voyages, or used for certain purposes, shall have them. 2 Pars. Mar. Law, 187; 1 Pet. (U. S.) 170, 184; 1 Bouv. Inst. 441.

The sufficiency of the vessel in materials, construction, equipment, officers, men, and outfit, for the trade or service in which it is employed. It is that quality which fits a ship for carrying safely the particular cargo which it takes on board for the voyage for which it is destined. The Thames, 61 Fed. 1014, 10

In marine insurance. A warranty of seaworthiness means that the vessel is competent to resist the ordinary attacks of wind and weather, and is competently equipped and manned for the voyage, with a sufficient crew, and with sufficient means to sustain them, and with a captain of general good character and nautical skill. 3 Kent, Comm. 287. A warranty of seaworthiness extends not only to the condition of the structure of the ship itself, but requires that it be properly laden, and provided with a competent master, a sufficient number of competent officers and seamen, and the requisite appurtenances and equipments, such as ballast, cables and anchors, cordage and sails, food, water, fuel, and lighis, and other necessary or proper stores and implements for the voyage. Civil Code Cal. § 2684. The term "seaworthy" is somewhat equivocal.

In its more literal sense, it signifies capable of navigating the sea; but, more exactly, it implies a condition to be and remain in safety, in the condition she is in, whether at sea, in .port, or on a railway, stripped and under repairs. If, when the policy attaches, she is in a suitable place, and capable, When repaired and equipped, of navigating the sea, she is seaworthy. But where a vessel is warranted seaworthy for a specified voyage, the place and usual length being given, something more is implied than mere physical strength and capacity; she must be suitably officered and manned, supplied with provisions and water, and furnished with charts and instruments, and, especially in time of wav. with documents necessary to her security against hostile capfure. The term "seaworthy, as used in the law and practice of insurance, does not mean, as the term would seem to imply, capable of going to sea or of being navigated on the sea; it imports something very different, and much more, viz., that she is sound, staunch, and strong, in ali respecte, and equipped, furnished, and provided with officers and men, provisions and documents, for a certain service. In a policy for a definite voyage, the term "seaworthy" means "sufficient for such a vessel and voyage." Capen v. Washington Ins. Ca., 12 Cush. (Mass.) 517, 536.

merc. law, is the ability of a ship or other vessel to make a sea voyage with probable safety: there is, in every Insurance, whether on ship or goods, an implied warranty that the ship shall be worthy when she sails on the voyage insured; thats, that she shall be “ tight, staunch, and strong, properly manned, provided with all necessary stores, and in all respects fit for the intended ”” Marsh. voyage. Ins. 153; 2 Phil. Ev. 60; 10 Johns. R. 58. !