Ship's Papers

The papers or documents required for the manifestation of the ownership and national character of a vessel and her cargo, and to show her compliance with the revenue and navigation laws of the country to which she belongs. The want of these papers or any of them renders the character of a vessel suspicious (2 Boul. P. Dr. Com. 14); and the use of false or simulated papers frequently subjects the vessel to confiscation (15 East, 46, 70, 364; Molloy, bk. 2, c. 2, § 9), or avoids an insurance unless the insurer has stipulated that she may carry such papers (Id.) A ship's papers are of two sorts: First, those required by the law of the particular country to which the ship belongs; as, the certificate of registry or of enrollment, the license, the crew list, the shipping articles, clearance, etc.; and, second, such as are required by the law of nations to be on board of neutral ships as evidence of their title to that character; as the sea brief or letter, or passport, the proofs of property in the ship, as bills of sale, etc., the charter party, the bills of lading, the invoices, the crew list or muster roll, the log book, and the bill of health. Mc Culloch, Comm. Diet. "Ship's Papers." See Glenn, Int. Law, Append, p. 365, for a list of ship's papers required by the laws of various nations.

The papers or documepts required for the manifestation of the ownership and national character of a vessel and her cargo, and to show her compliance with the revenue and navigation laws of the country to which she belongs. ! The want of these papers or any of them renders the character of a vessel suspicious; 2 Boulay-Paty, Droit Com. 14; and the use of false or simulated papers frequently subjects the vessel to confiscation; 15 East 46, 70, 364; or avoid an insurance, unless the insurer has stipulated that she may carry papers Is not conclusive against the good faith of the ship; 1 Kent *157. Spoliation of ship’s papers is an aggravated ground of suspicion and is said to be almost conclusive of guilt; 1 Dods. 480; but it is not of itself a ground of condemnation; The Pizarro, 2 Wheat. (U. S.) 227, 4 L. Ed. 220. A ship’s papers are of two sorts: first, those required by the law of the particular country to which the ship belongs: as, the certificate of registry or of enrolment, the license, the crew-list, the shipping articles, clearance, etc.; and, second, such as are required by the law of nations to be on board of neutral ships as evidence of their title to that character: as, the sea brief or letter, or passport; the proofs of property in the ship, as bills of sale, etc.; the charter-party; the bills of lading; the invoices; the crew-list or muster-roll; the log-book, and the bill of health. M’Culloch, Com. Diet. The following constitute a ship’s papers according to 1 Kent *157; a certificate of registry, sea-letter, muster-roll, log-book, charter-party, invoice, and bill of lading. As to what are ship’s papers under the rules of various foreign nations, see 2 Ilalleck, Int. L., Baker’s ed. 98. The register, or other document In lieu thereof, together with the clearance and other papers granted by the officers of the customs to any foreign vessel, at her departure from the port from which she may have arrived, are required to be produced to the collector of any United States port previous to her entry. The master is required, within forty-eight hours after entry, to deposit the papers with the consul or vice-consul of the nation to which the vessel belongs, and to deliver to the collector of the port the certificate of such consul or vice-consul that he has done so; R. S. § 4209. An application by a vice-consul for a permit for a vessel to depart, a bill of lading signed by the captain, a license to sail, a certificate of the custom-house official that the vessel had paid its tax for hospital dues, and a bill of health signed by the maritime sub-delegate; the bill of lading being identified by the mate and the other papers being official documents under seal executed by the Chilian authorities, are entitled to confidence and should be admitted in evidence as documents of a public nature; Grace v. Browne, 86 Fed. 156, 29 C. C. A. 621. It is not necessary that they should be confirmed and sanctioned by the ordinary tests of truth; id., citing 1 Greenl. Ev. § 423. See Sea Letter.

The papers which must be carried by a vessel on a voyage, in order to furnish evidence at her national character, the nafure and destination of the cargo, and of compliance with the navigation laws. The ship's papers are of two sorts; Those required by the law of a particular country ; such as the certificate of registry, license, charter-party, bills of lading and of health, required by the law of England to be on board ali British ships. Those required by the law of nations to be on board neutral ships, to vindicate their title to that character; these are the pass port, sea-brief, or sea-letter, proofs of property, the muster-roll or r6le <T equipage, the charter-party, the bills of lading and invoices, the log-book or ship's journal, and the bill of health. 1 Marsh. Ins. a 9, § 6.

Defined under Ship in Black's Law Dictionary.