Sea in United Kingdom

Meaning of Sea

The following is an old definition of Sea [1]: Includes all waters within the ebb and flow of the tide. ” A sea” may mean a general disturbance of the surface of the water occasioned by a storm, breaking it up into the roll and lift of waves following or menacing each other; or, a particular wave or surge, separate from its fellows. The main or high seas are part of the realm of England, for thereon the courts of admiralty have jurisdiction; but they are not subject to the common law. This main sea begins at the low-water mark. But between high and low-water marks, where the sea ebbs, and flows, the common law and admiralty have divisum imperium, an alternate jurisdiction: one upoa the water, when it is full sea, the other upon the land, when it is an ebb. It is now a well-established principle of international law that no nation has any exclusive dominion over the high seas, which are the highway of all nations and subject to the public law of the whole civilized world. But each nation has such dominion over the sea within a certain distance from her shores – usually agreed to be as far as a cannon-shot will reach from the land, or a marine league, see, in this resource, the term The high sea is free and open to all nations. It cannot be the property or the empire of any particular state. Its destination is clearly for the common benefit of mankind; it is a common pathway, separating and yet binding, intended alike for all. Formerly, portions of the ocean were claimed as a monopoly. Thus, the Portuguese prohibited other nations from sailing to the East Indies; the Spanish claimed the right to exclude all others from the Pacific: the English, in the seventeentli century, claimed property in the seas surrounding Great Britain as far as the coasts of the neighboring countries, and in the eighteenth century only softened down the claim into one of sovereignty; and Kussia based an exclusive claim to the Pacific north of the fifty -first degree, upon the ground that this part of the ocean was a passage to shores lying exclusively within her jurisdiction. But this claim was resisted by our government, and withdrawn in the temporary convention of 1824. Bays of the sea are within the jurisdiction of the states to whose territory the promontories embracing them belong. Thus, Delaware bay was declared in 1793 to belong exclusively to the United States. When,, however, the headlands are very remote, there is more doubt in regard to the claim of exclusive control over them; and, for the most part, such claim has not been made. . . Great Britain has long claimed supremacy in the narrow seas adjoining that island. But the claim; although cheaply satisfied by paying:certain honors to the British flag, has not heen uniformly acquiesced in, and it may be said to he falling into desuetude. In 1856 Denmark agreed to give up her claim to dues for navigation over Elsineur sound and the Belts, for thirty-five million rix dollars (at fifty cents of our money to the dollar) – to be divided among the nations interested in proportion to the value of their commerce passing through the straits. In 1857 our government agreed to pay of this sum three hundred and ninety-three thousand dollars. By the treaty of Paris, March 30, 1856, ” the Black Sea is made neutral. Open to the mercantile marine of all nations, its waters and ports are formally and in perpetuity interdicted to flags of war.” The treaty, however, grants to Russia and Turkey the liberty of keeping a small force for coast service. Where a navigable river forms the boundary between two states both are presumed to have free use of it, and the dividing line will run in the middle of the channel, unless the contrary is shown by long occupancy or agreement of the parties. When a river rises within the bounds of one state and empties into the sea in another, international law allows to the inhabitants of the upper waters only a moral claim or imperfect right to its navigation. . . But there is now scarcely a river in the Christian portions of the world, the dwellers on whose waters have not the right of free communication with the rest of mankind. The Rhine, the Scheidt, the Danube, the Mississippi, the St. Lawrence, the Amazon, and the La Plata system of rivers, etc., have been made free by treaties. Arm of the sea. A river, harbor, creek, basin, bay, or other subordinate description of waters, where the tide ebbs and flows. This is within the jurisdiction of admiralty, but when within the body of a State, the State has concurrent jurisdiction. At sea. A vessel is at sea when she has actually sailed, and is on her voyage. See Sail. Beyond the sea. Out of a State or of the United States, as the case may he. High sea. The main or high sea begins at low water-mark. The uninclosed waters of the ocean on the sea coast outside the fauces terrae. A vessel lying in harbor, fast to the shore by cables, communicating with the land by her boats, and not within any inclosed dock or at any pier or wharf, is on the “high seas,” outside of low water-mark on the coast. The words ” upon the high seas, or on any arm of the sea, or in any river, haven, creek, basin, or bay, within the admiralty jurisdiction, and out of the jurisdiction of any particular State,” used in Rev. St. § 5346, are limited to the high seas, and to the waters connected immediately with them. That the Lakes are not “high seas” is too clear for argument. These words have been employed from time immemorial to designate the ocean below low water-mark, and have rarely, if ever, been applied to interior or land-locked waters of any description. Main sea. That part of the sea lying outside of the fauces terrce or points on the opposite shore sufficiently near to enable persons standing on one shore to distinctly see with the naked eye what is doing on the opposite shore. Sea brief; sea-letter. A custom-house document certifying to the citizenship of the owner of a vessel which has been duly registered. Making or using a forged sea-letter is a penal offense. The term, in use, is synonymous with ” pass-port.” The document relates more particularly to the cargo, while ” passport ” relates rather to the vessel. The form of the document has been variously given in different commercial treaties. This may explain the different descriptions given by text-writers. Seaman. One whose business is navigating ships; a sailor; a mariner. In a broad sense, includes a master or other officer; in a narrow sense, one of the crew. The context and subject-matter determine the scope of the meaning. See Cure; Naturalization, R. S. § 2174; Wards. Sea-manure; sea-weed. See Beach; Drift-stuff. Sea-shore. The margin of the sea, in its usual and ordinary state; all the ground between the ordinary high-water mark and low-water mark. By the common law, the land between ordinary high and low-water mark; the land over which the daily tides ebb and flow. In the absence of evidence to the contrary, it will be presumed that the owner of land bordering on the sea-shore holds only to the ordinary high-water mark, and that the shore between high and low-water mark belongs to the State. Sea-worthy. Not, capable of going to sea or being navigated on the sea, but sound, stanch, and strong in all respects, and equipped, furnished, and provided with officerg, men, provisions, and documents for a certain service. In a policy of insurance for a definite voyage, means ” sufficient for such a vessel and voyage.” The hull must be so tight, stanch, and strong as to be competent to resist all ordinary action of the sea, and to prosecute and complete the voyage without damage to the cargo. The hull, tackle, apparel and furniture must be in such condition of strength and soundness as to resist the ordinary action of the sea, wind and waves. The question is to be determined with reference to the customs and usages of the port or country from which tbe vessel sails, the existing state of knowledge and experience, and the judgment of prudent and competent persons versed in such matters. If, by this standard, the ship is found in all respects to have been reasonably fit for the contemplated voyage, the warranty of sea-worthiness is complied with. The burden of proving unsea-worthiness is on the insurer, there being a prima facie presumption of sea- worthiness in favor of the assured. In the insurance of a vessel by a time-policy, the warranty of sea-worthiness is complied with if the vessel is sea-worthy at the commencement of the risk; the fact that she subsequently sustains damage, and is not properly refitted at an intermediate port, does not discharge the insurer from subsequent risk or loss, provided such loss is not the consequence of the omission. A defect of sea-worthiness, arising after the commencement of the risk, and permitted to continue from bad faith or want of ordinary prudence or diligence on the part of the insured or his agents, discharges the insurer from liability for any loss which is the consequence of such bad faith or want of prudence or diligence; but does not affect the contract as to any other risk or losd covered by the policy, and not caused or increased by such particular defect. See Admiralty; Dangers; Insurance; Marine; Maritime; Piracy; Vessel; Wharf; Wreck.

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Notes and References

1. Concept of Sea provided by the Anderson Dictionary of Law (1889)