Page:The New International Encyclopædia 1st ed. v. 13.djvu/89

HABIS. 6!) His works include: "The Seaweed-Gatherers." '"View in Holland," "On the Beach," and "Sou- venir of Dordiccht." MA'RISTS (Xeo-Lat. Marista, from Lat. Maria, -Mary). A name applied to two rclijjious congregations in the Roman Catholic Church. The Society of Fathers of Mary was founded at ]>yons in 1816 for missionary work, and con- firmed by Gregory XVI. in 183G. Its first for- eign mission was in the islands of the Pacific. It was introduced into Australia, at Sydney, in 1845. Almost simultaneously with this society, another of Brothers of Mary was founded in 1817 by Abl)e Chaminade at Marseilles, which did much for Christian education in the south of France and extended its work to England and her colonics, and to the foreign mission stations, where they have frequently worked in concert with the Fathers of Mary. They entered the United States in 1849. and have now 70 members there, with four houses and a college in the Catholic University at Washington. In all the}- number about G500 members. MARITIME LAW (Lat. maritinius, relating to the sea, from Lat. mare, seal% In its broadest sense, that system of law, both public and pri- vate, which relates to commerce and navigation upon the high seas or other navigable waters. The sources of the law of the sea as now applied in England and the United States are more an- cient and perhaps more complex than those of any other branch of English law. Some of its doctrines, as the law of general average, are traceable to the Rhodian laws, dating as early as B.C. 900. from which they were adopted into the civil law, and by it transmitted to modern Europe. Many of them may be attriljuted to customs established by the revival of trade in the countries bordering the Mediterranean and in Southwestern Europe in the thirteenth and four- teenth centuries. During this period the com- mercial States and cities began the eoinpilation of the usages and customs of sea commerce and the judgments of the various maritime courts. The earliest of these is the Consolato del mare (q.v. ). A later compilation, having even greater inttnence upon English law-, was the laws of Oleron. (See Olerox. ) The laws of Wisby, being a compilation of mercantile customs and usages adopted by a congress of merchants at Wisby in the island of Gotland in the Baltic Sea. about 12SS. which became the basis of the ordinances of the Hanseatic League, W'ere also of great intluenee in the development of the modern laws of the sea ; as were also those ordi- nances themselves, and French marine ordinance, promulgated by Louis XIV. in 1G81. by which the whole law of shipping, navigation, marine insurance, bottomry, etc., was collected and sys- tematized. The local ordinances of Barcelona. Florence. Amsterdam. Antwerp. Copenhagen, and Ki'lnigsberg were also not withoit influence. The earliest English compilation of maritime law appears to have been the Black Book of the Admiralty, supposed to have been published during the reign of Edward III., but later addi- tions were made. It was based substantially upon the laws of OlSrnn. England never passed general maritime ordinances, but the maritime law- drawn from the sources here indicated has been embodied in a series of decisions of the courts of admiralty jurisdiction, which, with the de- cisions of our own Federal courts rendered since MARITIME LAW. the American Revolution, constitute the niaritimo law of the United States. .See the article .i)- .MiK.vi.TV L.w: and. for the historical develop- ment of pul)lic maritime law. see Intebnatioxal Law and the titles belonging to that subject. Maritime law is administered in England bv the courts of admiralty: in the United States by the Federal courts, which, by the United States Constitution, have jurisdiction over all causes in admiralty. This jurisdiction of the Inderal courts is not. however, exclusive, and a suitor may seek his remedy at conunon law in the State courts wherever the common law is com- petent to give a remedy. In England maritime causes are said to be those which directly atlect commerce or navigation upon waters in which the tide ebbs and flows. In the United States, where the conditions are different, maritime causes are deemed to be these directly affecting commerce upon navigable waters which in them- selves or by means of other waterways form a continuous highway to foreign countries. Hence the fact that connnerce in a given case is car- ried on only upon waters within a single State does not necessarily aft'eet jurisdiction of the Federal courts : and jurisdiction is not dependent upon the power of Congress to regulate commerce, ilaritime jurisdiction therefore depends upon the subject matter and not the parties, hence a Unit- ed States court nuiy take jurisdiction over a maritime cause arising in a foreign vessel be- tween foreigners. The exercise of jurisdiction over foreigners is, however, purely discretionary, and may be refused ; and it is a general prin- ciple that a maritime court will not take juris- diction over a ship of war of a friendly foreign nation. Liability for torts is recognized and enforced by the maritime law. Maritime torts include all wrongful acts or direct injuries arising in con- nection with commerce and navigation occurring upon the seas or other navigable waters, includ- ing negligence and the wrongful taking of prop- erty. The maritime law, however, regards only actual damages, and allows no recovery for merely nominal damages. The test for deter- mining whether a tort is of a maritime nature is the locality where the tortious act is consum- mated or takes effect. Thus an injury to a bridge or wharf by a sliip, inasmuch as the in- jury is effected upon land, is not within the juris- diction of the admiralty court, but an injury to a ship by a draw-I>ridge is a maritime tort, of which the admiralty court has jurisdiction. The maritime, like the common law. does not recog- nize a right of recovery for wrongful death, but a statute may confer the right, which will then be recognized in admiralty in accordance with the settled principle that both the Federal courts of admiralty and of equity will provide a remedy for new sibstantive rights created by State statute. See Collisions of Vessels; Bounty; Barratry. The maritime law recognizes and enforces con- tracts by awarding damages or enforcing liens which it recognizes as created on the basis of contract. In general the essential elements of a contract are the same under the maritime a.i at the common law. The maritime law differs from the common law only in the method by which it may enforce the contract and in attach- ing to the various classes of contracts certain legal incidents peculiar to each class. A contract