KFLCC Kingdom Law 2nd Ed.

1064

SEAWORTHINESS

SECRETARY

ordinary attacks of wind and weather, and is competently equipped and manned for the voyage, with a sufficient crew, and with suf ficient means to sustain them, and with a captain of general good character and naut ical skill. 3 Kent, Comm. 287. A warranty of seaworthiness extends not only to the condition of the structure of the ship itself, but requires that it be properly laden, and provided with a competent mas ter, a sufficient number of competent officers and seamen, and the requisite appurtenances and equipments, such as ballast, cables and anchors, cordage and sails, food, water, fuel, and lights, and other necessary or proper stores and implements for the voyage. Civil Code Cal. § 2684. The term "seaworthy" is somewhat equivocal. In its more literal sense, it signifies capable of navigating the sea; but, more exactly, it im plies a condition to be and remain in safety, in the condition she is in, whether at sea, in .port, or on a railway, stripped and under repairs. If, when the policy attaches, she is in a suitable place, and capable, when repaired and equipped, of navigating the sea, she is seaworthy. But where a vessel is warranted seaworthy for a specified voyage, the place and usual length being given, something more is implied than mere physical strength and capacity; she must be suitably officered and manned, supplied with provisions and water, and furnished with charts and instruments, and, especially in time of war, with documents necessary to her security against hostile capture. The term "seaworthy," as used in the law and practice of insurance, does not mean, as the term would seem to im ply, capable of going to sea or of being navi gated on the sea; it imports something very different, and much more, viz., that she is sound, staunch, and strong, in all respects, and equipped, furnished, and provided with officers and men, provisions and documents, for a cer tain service. In a policy for a definite voyage, the term "seaworthy" means "sufficient for such a vessel and voyage." Capen v. Washington Ins. Co., 12 Cush. (Mass.) 517, 536. SEAWORTHY. This adjective, applied to a vessel, signifies that she is properly con structed, prepared, manned, equipped, and provided, for the voyage intended. See SEA WORTHINESS. A want of remedy by distress. Litt. § 218. See RENT. Want of present fruit or profit, as in the case of the reversion without rent or other service, except fealty. Co. Litt. 151&, n. 5. SECOND. This term, as used in law, may denote either sequence in point of time or inferiority or postponement in respect to rank, lien, order, or privilege. As to second "Cousin," "Deliverance," "Distress," "Lien," "Mortgage," and "Sur charge," see those titles. As to "Second hand Evidence," see EVIDENCE. AS to "Sec ond of Exchange," see FIBST. In English practice An officer of the courts of king's bench and common pleas; so called because he was SECK. SECONDARY, n.

second or next to the chief officer. In tht king's bench he was called "Master of the King's Bench Office," and was a deputy of the prothonotary or chief clerk. 1 Archb. Pr. K. B. 11, 12. By St. 7 Wm. IV. and 1 Vict. c. 30, the office of secondary was abol ished. An officer who is next to the chief officer. Also an officer of the corporation of London, before whom inquiries to assess damages are held, as before sheriffs in counties. Whar ton. Of a subsequent, subordinate, or inferior kind or class; gen erally opposed to "primary." As to secondary "Conveyances," "Ease ment," "Evidence," "Franchise," and "Use," see those titles. SECONDS. In criminal law. Those per sons who assist, direct, and support others engaged in fighting a duel. SECRET. Concealed; hidden; not made public; particularly, in law, kept from the knowledge or notice of persons liable to be affected by the act, transaction, deed, or other thing spoken of. As to secret "Committee," "Equity," "Lien," "Partnership," and "Trust," see those titles. SECRETARY. The secretary of a cor poration or association is an officer charged with the direction and management of that part of the business of the company which is concerned with keeping the records, the of ficial correspondence, with giving and re ceiving notices, countersigning documents, etc. The name "secretary" is also given to sev eral of the heads of executive departments in the government of the United States; as the "Secretary of War," "Secretary of the Interior," etc. It is also the style of &ome of the members of the English cabinet; as the "Secretary of State for Foreign Af fairs." There are also secretaries of embas sies and legations. —Secretary of decrees and injunctions. An officer of the English court of chancery. The office was abolished by St. 15 & 16 Vict c. 87, § 23.—Secretary of embassy. A dip lomatic officer appointed as secretary or as sistant to an ambassador or minister plenipo tentiary.—Secretary of legation. An officer employed to attend a foreign mission and to per form certain duties as clerk.—Secretary of state. In American law. This is the title of the chief of the executive bureau of the United States called the "Department of State." He is a member of the cabinet, and is charged with the general administration of the inter national and diplomatic affairs of the govern ment. In many of the state governments there is an executive officer bearing the same title and exercising important functions. In English law. The secretaries of state are cabinet min isters attending the sovereign for the receipt and dispatch of letters, grants, petitions, and many of the most important affairs of the king- SECONDARY, adj.