Online Encyclopedia

object was attained by the Navigation Acts, the earliest of which were those of 1381 and 1390, ordaining that no merchandise should be shipped out of the See also:

REALM

realm except in See also:

BRITISH

British See also:

SHIPS

ships on See also:

pain of See also:

FORFEITURE (from " forfeit," originally an offence, and hence a fine exacted as a penalty for such; derived through the O. Fr. forfeit, from the late Lat. foris factum, a trespass, that which is done foris, outside)

forfeiture. The See also:

PRINCIPAL

principal Navigation See also:

ACT (Lat. actus, actum)

Act was that of 166o (Scottish, 1661, c. 45). Up to 1854 See also:

COASTING

coasting See also:

trade was wholly restricted to British ships, and a British See also:

SHIP

ship must have been navigated by a See also:

MASTER (Lat. magister, related to tnagis, more, as the corresponding minister is to minus, less; the English form is due partly to the O. Eng. maegister, and partly to O. Fr. maistre, mod. maitre; cf. Du. meester, Ger. Meister, Ital. maestro)

master who was a British subject, and by a See also:

crew of whom a certain proportion must have been British subjects.

After 1854 the only See also:

RELICS (Lat, reliquiae, the equivalent of the English " remains " in the sense of a dead body)

relics of such restrictions were found in the provisions of the Customs Consolidation Act 1853, § 324, by which, in See also:

order to secure See also:

RECIPROCITY (Lat. reciprocus, returning back the same way, alternating, probably from re back and pro forward)

reciprocity, prohibitions or restrictions may by order in See also:

COUNCIL (Lat. concilium, from cum, together, and the root cal, to call)

council be imposed upon the ships of any See also:

COUNTRY (from the Mid. Eng. contre or contrie, and O. Fr. cuntree; Late Lat. contrata, showing the derivation from contra, opposite, over against, thus the tract of land which fronts the sight, cf. Ger. Gegend, neighbourhood)

country in which British ships are liable to similar prohibitions or restrictions. Subject to these exceptions, a See also:

FOREIGN

foreign ship is in the same position as a British ship with regard to British trade. This right of foreign ships is expressly recognized by the Customs Law Consolidation Act 1876; by § 141 of that act foreign ships engaged in the coasting trade are not to be subject to higher rates than British ships. Any advantages which a British ship has, e.g. the right of claiming See also:

PROTECTION

protection for her See also:

FLAG (or " FLAGGE," a common Teutonic word in this sense, but apparently first recorded in English)

flag, the non-See also:

ATTACHMENT

attachment to her of a maritime See also:

LIEN

lien for necessaries supplied in a British See also:

PORT

port, are not directly connected with the policy under which the Navigation Acts have become obsolete. These advantages are not secured to a British ship until she is registered. See also:

UNITED

United States law agrees with British in this respect. " The United States have imitated the policy of England and other commercial nations in conferring See also:

PECULIAR

peculiar privileges upon See also:

AMERICAN

American-built ships and owned by our own citizens. . . . The object of the Registry Acts is to encourage our own trade, navigation and See also:

SHIPBUILDING

shipbuilding by granting peculiar or exclusive privileges of trade to the flag of the United States, and by prohibiting the communication of those immunities to the See also:

SHIPPING

shipping and mariners of other countries " (See also:

Kent, See also:

COMM

Comm. iii. 139). It may be noticed that an See also:

ALIEN (Lat. alienus)

alien is generally incapable of becoming the owner of a ship. This incapacity was specially preserved in the See also:

case of British ships by the See also:

NATURALIZATION

Naturalization Act 1870, § 14.

The second class of navigation laws includes those which See also:

DEAL

deal with the navigation of any waters over which a state has any See also:

CONTROL (Fr. contrdle, older form contre rolle, from Med. Lat. contra-rotulus, a counter roll or copy of a document used to check the original; there is no instance in English of the use of " control " in this, its literal, meaning)

control, and embraces all that is necessary for the due use of such waters, as rules of the road, management of harbours and See also:

LIGHT

light-houses, and licensing and control of pilots. Such laws may deal with (I) the high seas, (2) tidal waters other than the high seas, (3) non-tidal waters. 1. The claims of various natioffs to dominion over parts of the high seas have now become matters of merely See also:

HISTORICAL

historical See also:

INTEREST

interest. Such claims have been at different times advanced by Great Britain, See also:

Holland, See also:

Spain and See also:

PORTUGAL

Portugal, and were once sufficiently importantto evoke the See also:

MARE

Mare Liberum of See also:

GROTIUS, HUGO (1583-1645)

Grotius and the Mare Clausum of See also:

John See also:

SELDEN, JOHN (1584–1654)

Selden. It may be noted that in 1893 the See also:

Court of See also:

Arbitration on the See also:

BERING (BEHRING), VITUS (1680-1741)

Bering See also:

Sea See also:

FISHERIES

Fisheries found that See also:

Russia had never claimed or exercised exclusive See also:

jurisdiction over the Bering Sea outside territorial waters and that the United States had no further right than had Russia at the See also:

time of the cession of See also:

ALASKA

Alaska in 1867. Rules for the navigation of the high seas may still be promulgated by any See also:

government. In Great Britain such rules, generally known as the Sailing Rules," have been made by order in council under the See also:

POWERS, HIRAM (1805-1873)

powers of the See also:

MERCHANT (O. Fr. marcheant, modern marchand; from Lat. mercari, to trade, merx, goods, merchandise)

Merchant Shipping Act 1862; the rules at See also:

PRESENT

present in force are those contained in the order of the 27th of See also:

NOVEMBER (Lat. novem, nine)

November 1896, L.G. No. 1082, as amended by subsequent orders in council. The order of 1896 was extended by the order of 1897, L.G. No.

572, to the ships of most foreign countries, with a See also:

SPECIAL

special See also:

PROVISION (Lat. provisio)

provision as to See also:

CHINA

China. In the case of a state which has not assented to them, the only rules enforceable are the general rules of the sea, gradually ascertained by individual cases before courts of See also:

ADMIRALTY, HIGH COURT OF

admiralty. 2. For the navigation of its tidal waters—as far as they are territorial—a state may legislate without the assent of other states. An example of such legislation is afforded by the Territorial Waters Jurisdiction Act 1878, a measure passed in consequence of the celebrated case of R. v. Keyn, L.R. 2 Ex. D., 126 (the " See also:

FRANCONIA (Ger. Franken)

Franconia " case), in 1876. Under the See also:

head of territorial waters would fall the " narrow seas " (as the See also:

Bristol Channel, Great See also:

Belt or Straits of See also:

MESSINA

Messina), bays and harbours, estuaries and arms of the sea, navigable tidal See also:

rivers, and the sea for the distance of a marine See also:

LEAGUE

league from the See also:

SHORE

shore. Such waters being res publicae though not res communes, as are the high seas, are prima facie subject to the jurisdiction of the state. In England the See also:

SOIL

soil under such waters, or at least under all but the last See also:

KIND (O. E. ge-cynde, from the same root as is seen in " kin," supra)

kind, is prima facie vested in the See also:

CROWN

crown, subject to the public rights of See also:

FISHERY (LAW OF)

fishery and anchorage. For the distance of a marine league from See also:

low-See also:

WATER

water See also:

mark the crown has certainly jurisdiction for See also:

POLICE (Fr. police, government, civil administration, a police force, Gr. sroXumeia, constitution, condition of a state, roars, city, state)

police and See also:

revenue purposes.

This is a See also:

RULE

rule of general See also:

INTERNATIONAL, THE

international law. It may be noted that the Institut de See also:

DROIT (Fr. for " right," from Lat. directus, straight)

Droit International proposed to See also:

double this limit. See See also:

Hall, International Law (5th ed.), p. 154. In England the navigation of most of the principal tidal waters is governed by rules contained in acts of See also:

PARLIAMENT (Anglo-Lat. parliamentum, Fr. parlement, from parler, to speak)

parliament and orders in council, the latter for the most See also:

PART

part promulgated under the authority given by the Merchant Shipping Act 1862. For instance, there are numerous orders See also:

RELATING

relating to the See also:

THAMES

Thames, See also:

MERSEY

Mersey, See also:

TEES

Tees and other important rivers. 3. Non-tidal waters, even though navigable, are in Great Britain prima facie private waters, in which the right of navigation does not exist as a public See also:

FRANCHISE (from 0. Fr. franchise, freedom, franc, free)

franchise, but can only be acquired by See also:

PRESCRIPTION

prescription founded on a presumed See also:

grant by an owner. In See also:

ROMAN

Roman law and in the See also:

CODE (Lat. codex)

Code See also:

NAPOLEON

Napoleon it is otherwise. Navigable rivers in those systems are always publici See also:

JURIS

juris, whether tidal cr non-tidal. Navigation of non-tidal waters in the United See also:

KINGDOM

Kingdom, whether natural or artificial, is now almost entirely regulated by various Navigation and Conservancy Acts, e.g. the Thames Conservancy Acts, the See also:

Shannon, See also:

Trent, See also:

Lee, &c., Navigation Acts, and the various See also:

Canal Acts, especially the See also:

Manchester Ship Canal Act 1885. It may be noticed that the crown is empowered by the Merchant Shipping Act 1862 to make rules for the navigation of inland waters, even when artificial, on the application of the proprietors.

Examples of such rules are the orders in council regulating the Mersey and Irwell navigation and the See also:

Bridgewater navigation, 18th May 187o. Such waters being private See also:

PROPERTY

property, the application for the rules by the proprietors is recited in the order in council. The distinction See also:

DRAWN

drawn in the United States between navigable and boatable rivers seems to be peculiar to that country, unless indeed it is analogous to the " fleuves et rivieres navigables ou flottables " of the Code Napoleon, § 538. It is at least unknown in Great Britain. Remedies for Obstruction and Pollution.—These may be either criminal or See also:

CIVIL

civil—the criminal by See also:

INDICTMENT (from Anglo-Fr. enditernent, enditer, to charge; Lat. in, against, dictare, declare)

indictment or See also:

INFORMATION (from Lat. informare, to give shape or form to, to represent, describe)

information, the civil by See also:

ACTION

action for See also:

DAMAGES (through O. Fr. damage, mod. Fr. dommage, from Lat. damnum, loss)

damages or for an See also:

INJUNCTION (from Lat. injungere, to fasten, or attach to, to lay a burden or charge on, to enjoin)

injunction, in addition to the criminal remedy, where special damage has been sustained. Pollution is expressly provided for by the Rivers Pollution Prevention Act 1876, which gives jurisdiction to See also:

COUNTY (through Norm. Fr. comae, cf. O. Fr. cunte, conk', Mod. Fr. comae, from Lat. comitatus, cf. Ital. comitato, Prov. comtat; see COUNT)

county courts in cases within the act. International Law.—The international law as to the navigation of the high seas has been sketched above. Reference should also be made to what is known as the " Rule of the See also:

War of 1756 " to the effect that where a colonial or coasting trade is prohibited to other nations in time of See also:

peace, a neutral by engaging in this trade by permission of a belligerent in time of war is liable to the other belligerent. The leading case is The Immanuel (1799), 2 C. See also:

Robinson's See also:

REP, REPP, or REPS

Rep. 186. Regulations for the coasting trade may be made by the government of See also:

India under the powers of the Customs Consolidation Act 1853, § 329, and by the legislature of a British See also:

possession under the Merchant Shipping Act 1894, § 736.

As to territorial waters, it is the general though not the universal See also:

OPINION (Lat. opinio, from opinari, to think)

opinion of jurists that the state to which the territorial waters belong has a right to forbid their navigation by foreigners. The See also:

FREE

free navigation of rivers has often been the subject of See also:

TREATIES

treaties, almost necessarily so where a See also:

RIVER

river is the boundary between two states. In such a case, if a state were to maintain the strict See also:

LETTER (through Fr. lettre from Lat. littera or litera, letter of the alphabet; the origin of the Latin word is obscure; it has probably no connexion with the root of linere, to smear, i.e. with wax, for an inscription with a stilus)

letter of its rights, navigation would be almost impossible, as each state is proprietor down to the See also:

MIDDLE

middle See also:

LINE

line of the See also:

bed of the river, the See also:

MEDIUM

medium filum See also:

AQUAE (Lat. for "waters'')

aquae or See also:

THALWEG (a German word compounded from Thal, valley, and YPeg, way)

thalweg. By the treaty of See also:

Vienna in 1815 it was provided that the navigation of all rivers separating or traversing the states that were parties thereto should be open for commercial purposes to the vessels of all nations, subject to a See also:

UNIFORM

uniform See also:

SYSTEM

system of police and tolls. The treaty of See also:

Paris, 1856, extended this principle to the See also:

DANUBE (Ger. Donau, Hungarian Duna, Rumanian Dunarea, Lat. Danubius or Danuvius, and in the lower part of its course Ister)

Danube. In See also:

AMERICA

America the cases of the See also:

MISSISSIPPI

Mississippi and the St See also:

Lawrence are important. By the treaty of See also:

VERSAILLES

Versailles, 1783, it was provided that " the navigation of the Mississippi shall for ever remain free and open to the subjects of Great Britain and the citizens of the United States." But the United States afterwards acquired See also:

LOUISIANA

Louisiana and See also:

FLORIDA

Florida; and, the stipulation as to British subjects not being renewed in the treaty of See also:

GHENT (Flem. Gent, Fr. Gand)

Ghent, 1814, the United States maintains that the right of navigating the Mississippi is vested exclusively in its citizens. As to the St Lawrence, after disputes for a See also:

long See also:

period between Great Britain and the United States, the right of free navigation for purposes of commerce was secured to the United States by the treaty of Washing-ton, 1871. There are some waters, such as the See also:

SUEZ

Suez Canal and the See also:

PANAMA

Panama Canal, which are subject to peculiar engagements by treaty or See also:

convention. The former depends on the Convention of See also:

Constantinople, 29th of See also:

OCTOBER

October 1888, the latter—as far as regards the United Kingdom and the United States—on the See also:

Hay-See also:

PAUNCEFOTE, JULIAN PAUNCEFOTE

Pauncefote Treaty, 18th of November 1901. But as a rule it may be said that in time of peace the territorial waters of a state are open to foreigners for commercial purposes, subject to observance of any rules as to police, pilotage, &c., imposed by the state. Tolls may be imposed by the state upon foreigners.

This right is expressly recognized in most commercial treaties. A notable instance was the claim of See also:

Denmark to See also:

charge what were called the " See also:

Sound dues " from all vessels passing See also:

ELSINORE (Dan. Helsingor)

Elsinore, though the Sound was not strictly her territorial water. The right was not universally recognized, though it had prescription in its favour and was invariably paid. In 1857 the dues were abolished, and See also:

COMPENSATION (from Lat. compensare, to weigh one thing against another)

compensation paid to Denmark for the loss of her alleged right. (J.

End of Article: NAVIGATION LAWS

Additional information and Comments

There are no comments yet for this article.

» Add information or comments to this article.

Please link directly to this article:
Highlight the code below, right click, and select "copy." Then paste it into your website, email, or other HTML.

Site content, images, and layout Copyright © 2006 - Net Industries, worldwide.
Do not copy, download, transfer, or otherwise replicate the site content in whole or in part.

Links to articles and home page are always encouraged.

[back]
NAVIGATION (from Lat. navis, ship, and agere, to mo...

[next]
NAVIUS, ATTUS