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BOTTOMRY AND RESPONDENTIA.
Bonds for, predicated on a marine risk

may be effected by master abroad
for what and when
partly invalid – valid part upheld
sien attaches without possession
advances, which must be necessary
consignees, master and others may take
claims on, marshalled and priorities settled .

a be
What sufficient communication; its want not supplied by advertis-

ing

There must be marine interest and risk also

More recent authorities

Master is owner's agent

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

Rule of procedure — pleadings and defense

Credit, laches, duress may invalidate a Bottomry Bond

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

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MARINERS' WAGES AND RIGHTS.

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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

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CHAPTER XI.

WHO WITNESSES IN ADMIRALTY.

Competency of Witnesses in Massachusetts

by laws of Congress .

State laws, rules of decision, also of evidence
Parties in Admiralty generally competent to testify

United States Act of 1865, designed to enlarge judicial discretion

Case of Hetty Robinson, discretion declined.

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States, afterward resumed

Pilotage, a necessary expenditure

Pilots to be encouraged and obeyed

But not to infringe rights of the master

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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

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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

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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

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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

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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

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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

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Lord Mansfield's exposition in Lindo v. Rodney
Distinction between Instance and Prize tribunals
Jurisdiction of Prize Courts — how exercised
Duties of captor, claimant, and Prize-master
Preparatory evidence, further proof
Prize interrogatories
Prize proceedings and practice
Early irregularities in practice, noticed
Bar admonished
Practice reformed
Prize reports – neutral property
Captors liable for negligence, or misconduct
Booty forced levies — Prize
Lawful capture made only by commissioned cruisers
Privateers in War of 1812
Legal definition of Prize
Contraband trade; breach of neutrality
Blockade; prerequisites
RIGHT TO BLOCKADE, unrestricted
Penalty for breach, is confiscation
Excuses for violating blockade
Coalition wars in Europe
French, Berlin, and Mîlan Decrees
British Orders in Council — legality
Defended, but reluctantly upheld by Sir W. Scott
Duke de Bassano's Report to French Senate
If Orders in Council be legal, so should the Queen's Proclamation of

1861, as a prohibitory and legal measure, have been adhered

to, in good faith
Sir James Mackintosh's judicial opinion
English magistrates and ministers fallible, from want of experience in

discharge of neutral duties

English doctrines of blockade established recently, in 1854

Earlier English blockade cases, examined

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