The Salty Barrister

Ok, so some of you are likely dusting off your luggage and getting ready for a cruise somewhere warm. I'm not, but I won't hold it against anybody. At any rate, things can happen aboard a vessel and, who knows, maybe you'll meet your soul mate. Maybe you'll even decide that, level-headedness be damned, you're getting married! So the captain says, "Right. Sure thing." And now, looking at yourself in the mirror some moons past, you wonder: "Was that deal even legal?"

First things first, these are my very general comments on this question. I am not giving legal advice so for Pete's sake, don't rely on anything I'm saying. Treat my comments like a dinner-mat chart at a seafood eatery: fun to look at, but nothing you're going to sail by.

Now, let's talk about one aspect of the issue. Title 46, Section 11301 of the U.S. Code is entitled "Logbook and entry requirements." Among other things, a little ways down the page you learn that a master shall include in the official logbook each marriage on board. So there's this 1929 decision from the New York Court of Appeals in a case called Fisher v. Fisher. The Fishers were sailing aboard the steamship Leviathan from New York to London in October, 1925. Somewhere around forty miles out of New York, the Captain conducts a marriage ceremony, and four years later the court is called on to answer the question whether the Fishers were "lawfully united in marriage." Do you know where I'm going with this?

The Court found the Fishers were married and one of the things it looked to in reaching this decision was that U.S. Code section requiring marriages be logged in the official logbook.

So again, this is just one aspect of the Court's reasoning and it's only one state court of appeals. Who knows how things would turn out in any particular case, especially in these modern times. But there's some food for thought, eh?

Underway and making way (having been happily married ashore.)

-- JKF

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My sister is a professor at a university here in the Northeast. She lets me come around once a semester and talk to her oceanography students about maritime law-like things. It's hard to condense maritime law into a fifty-minute or so period; so, what I end up doing is the ol' shotgun approach.

We hit topics that I think might keep a college-aged brain interested. I talk about salvage (peril, voluntariness and success), chatter on about the differences between the territorial sea and the exclusive economic zone (one's your backyard and the other's kind of like the neighborhood), meander around some causes of action available to an injured crewmember (Jones Act and Unseaworthiness), and usually close by addressing whether a captain can actually perform a marriage aboard a vessel (mixed law; statute says no go, but some case law suggests otherwise).

When you're lawyering, a lot of what you say is measured in favor of the advocacy of your position. What I get to do once a semester before a bunch of college kids is a refreshing change. Think of it as the difference between an employer's Christmas party, and having a drink with friends.

Alright, we'll get a couple of more posts in before the Holidays. Speaking of holidays, take a look at Captain Doug's recent blog post on The Daily Breeze? That's the way to do it, friends. Christmas in Staniel Cay, Bahamas. One of these days I plan to do the very same thing, snow and sleighs be damned!

Underway and making way.

--- JKF

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If you’re reading this Blog, it’s a fair bet that you’re not lugging water from a well, that you’re not cowering in fear of a local militia, that you have monies sufficient to put food on the table, and that you have a roof overhead. Yes, some of you might be sick or without a job, I know that. Life is not an easy stretch of water, but if you’re reading this blog, I can darn well guarantee that you have plenty more to give thanks for than the majority of this world’s population.

I’m no bleeding heart, but if you consider yourself a “boater,” then life’s been ok to you. Being able to slip across the ocean’s surface on one’s own time and without being driven by the urgency of trying to land a meal, or fleeing a hostile coastline is amazing fortuity. You, my friend, have a lot to give thanks for in that alone.

I was going to try something clever like writing about the number of maritime cases that refer to Thanksgiving (31, if you’re interested), but my aim is not to entertain today. If I may suggest so, get off this damn computer, and go count your blessings.

Underway and making way.

--- JKF

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Happy Memorial Day!  

This holiday ranks high on my list.  For the Northern Hemisphere, this day signals the official start of the Summer season.  Depending on your boating enthusiasm, your boat might be in the water and the first lick of spray curling over the bow.  I'm going to keep this short because you shouldn't be looking at a computer screen on a day like this . . . boat or not, wander down to the coastline and soak in those sun-dappled waters, eat a cheeseburger, bury a beer or two.

And because I can't resist, one maritime law comment.  Some of you may be feeling particularly patriotic today.  Maybe the high-pitched shouts of enthusiasm from your child will have you steering close to a warship which makes it important you remember that, typically, a boat is prohibited from approaching within 100 yards of a naval vessel.  Violate a "Naval Protection Zone" and there's some serious consequences including jail time and six-figure fines!

Underway and making way.

--- JKF

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