English authorities not numerous French Ordinance - a portion translated Sacrifice for security is the legal result and effect of references Cognizable in Admiralty courts Conflict of decision between the United States courts and State BOTTOMRY AND RESPONDENTIA. may be effected by master abroad a be ing There must be marine interest and risk also Prerequisites of Bottomry stated Priority of master, seamen and lenders Risk justifies agreement to pay marine interest Discussion by Story and others at the bar in Massachusetts upheld in England and United States Lien for, on domestic or foreign ships Law of England variable, but now more uniform Massachusetts acts and general laws Authorities in England and United States Master's authority may bind ship and owner Material-men entitled to priority — but Their lien on proceeds, if once doubtful, given expressly in 1861 A master, in the exercise of his implied authority to procure Neces- CHAPTER IX. POWER OF MASTER TO SELL. This power is not a general, but implied, authority to be exercised, under a legal and paramount necessity when so exercised, the transfer is complete 224 225 226 Want of legal necessity, the usual defense Legal necessity alone justifies the master or paramount necessity defined Decree and survey may justify master also English cases — exception becomes the rule The present prevailing doctrine anticipated in 1809 by Sir Wm. His early views, since adopted in England and United States MARINERS' WAGES AND RIGHTS. Contract for wages, earning and payment, forfeiture. Procedure in the United States Usual stipulations in contract by Judge Lowell in United States Good faith indispensable in master and merchant Deviation justifies leaving Indefinite description of voyage nugatory Clauses, detrimental to sailor, void Shipping articles to conform to act of Congress contents of Collector's and consul's duties Shipping seamen abroad — and relief Performance, the parent of wages Forfeiture by desertion English and American authorities Condonation restores lost right to wages Embezzlement Fraud and negligence or incompetency Wrongful disrating, ground for damage Rightful removal, ground of forfeiture Duties of crew, master's control, punishment moderate . Flogging abolished 1831 wages lost, right revived and how 283 283-5 287 291 297 303 309 313 321 CHAPTER XI. WHO WITNESSES IN ADMIRALTY. Competency of Witnesses in Massachusetts by laws of Congress . State laws, rules of decision, also of evidence United States Act of 1865, designed to enlarge judicial discretion Case of Hetty Robinson, discretion declined. 325 326 329 331 333 335 States, afterward resumed Pilotage, a necessary expenditure Pilots to be encouraged and obeyed But not to infringe rights of the master 341 343 344 345 CHAPTER XIII. RECOUPMENT. Recoupment, not strictly set-off without cross bill, is defense merely is not a remedy for excess of vlamage or cross bill optional to respondent 347 348 349 351 352 CHAPTER XIV. FREIGHT. Freight, definition of as touching owner, charterer and shipper under charter-party and bill of lading unusual stipulations for, discountenanced customary forms preferred may be by parole charter-party, and pro rata earned to be paid . Owners liable for master's delinquency English and American authorities Freight payable on delivery, lien therefor French ordinance relating to Freight modified by recent decisions and legislation Diversity among European jurists Pro rată Freight due on delivery. on voluntary acceptance Carrier, guilty of unneutral conduct, forfeits Freight Use and effect of bills of lading as original contracts Stoppage in transilu — definition of bill of lading Deviation may be culpable or excusable Freight accrues upon performance Voluntary acceptance equivalent to performance Neutral carriers, conducting fairly, entitled to Freight generally 353 354 355 356 357 358 359 361 362 365 368 370 373 376 377 379 381 383 385 386 387 389 CHAPTER XV. MARITIME LIEN. Maritime Liens, definition of rank according to merit partly jus in re, partly jus ad rem possession not required to create 390 391 392 393 Towage is secured by lien and may become a salvage service A prior suit pending, if pleaded, good defense 408 409 CHAPTER XVIII. WHALING. Whaling, once a European business, now engrossed by New England- Authorities chiefly American; a few English Usages as to mateship, lays, and supplies . Effect and importance of Judge Sprague's decisions Whalemen's rights and liabilities Source and extent of Whale fishery shown by statistics 412 415 418 422 424 425 427 CHAPTER XIX. POSSESSION AND RESTRAINT. Causes of possession or restraint are legal remedies for the majority and minority of ship owners respectively The rule is that the majority shall control, upon giving security English authorities 428 429 431 CHAPTER XX. BAIL. Bail, in Admiralty, is security given to the court for the rem subjectam when may be taken in Prize, restricted by statute English and American authorities 434 435 436 437 Legal effect of a receipt in full Droits in Admiralty are forfeited in England as perquisites of Ad- . . - Lord Mansfield's exposition in Lindo v. Rodney 1861, as a prohibitory and legal measure, have been adhered to, in good faith discharge of neutral duties |
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