Q. When does the owner become liable for the amount borrowed on bottomry?

A.-On the safe arrival of the ship at her destination.

It is always a stipulation in a bottomry bond that the sum lent, with the premium or maritime interest, is to be paid in a certain number of days after the vessel arrives at her moorings in the port of discharge mentioned.

Q.-Supposing the ship to be lost before the completion of the voyage, would the lender get his money back?

A. The lender loses the whole of his money, including interest; but if she reach her destined port in safety, the ship, as well as the person of the borrower, is liable for the money lent, and the interest thereon.

Q. What clauses do a bottomry bond contain?

A.-Bonds of bottomry have no settled or precise form; but it is necessary that there be expressed the occasion which induced the necessity of borrowing on bottomry, the sum so borrowed, the premium or marine interest to be paid, the ship and voyage, the risk to be run by the lender, and the security of the ship itself for payment.

Q.-Is anything payable before a bottomry bond?

A.-Seamen's wages.

Q. What is the authorised mode of procuring money on bottomry?

A. The money to be borrowed is advertised for, and that offered at the lowest rate of interest is accepted.

Q.-In what order are bottomry bonds payable, suppose more than one have been contracted?

A.—The latest in date is entitled to be first satisfied, and backwards according to date.

Q.-You have put into a foreign port, and the value of the ship and freight is deemed insufficient for the sum required, what would you do?

A. I have the power, when all other means of raising money have been resorted to, either to sell part of the cargo, or to pledge, or hypothecate the ship, cargo, and freight in security of the sum lent.

The meaning of hypothecation is, "that it imports a pledge without immediate change of possession, in which the possession of the thing pledged does not pass to the credi or; it gives a right to the party who makes advances upon the faith of it to have possession if his advances are not repaid at the stipulated time; but it leaves to the proprietor of the things that may be hypothecated the power of making such repayment, and thereby freeing them from the obligation."

A A

Q.-What is respondentia?

A.-Money lent on security of the cargo.

Q. What is the difference between a mortgage and a bottomry bond?

A. The former is entered into by the owner, and the money raised may be spent in any way he pleases; the latter is entered into by the master, and the money raised must be spent only upon the repairs of the ship necessary to enable her to complete the voyage.

Q.-If a ship has been mortgaged and a bottomry bond has been obtained, which is paid first?

A.-The bottomry bond.

Q.-Is the master justified under some circumstances in selling part of the cargo for the purpose of repairing the ship?

A. Yes, under some circumstances the master may be justified in selling part of the cargo, for the purpose of repairing the ship and bringing home the rest of the cargo; the loss by such sale would be the subject of general average.

AVERAGE-GENERAL AND PARTICULAR.

Q.-What is meant by general average?

A.-When part of the ship or cargo is voluntarily sacrificed, or some extraordinary expense is incurred, for the common benefit of both ship and cargo, and by such sacrifice the remainder of the property is saved, such property is said to be subject to general

average.

General Average.-A term used to express loss caused by the voluntary sacrifice of part of the ship or cargo for the preservation of the whole.

Q.-A ship at anchor sees that she must be run into by another ship unless she slips, and thus by slipping loses anchor and chain, what kind of average does this come under?

A.-General average; because it was a voluntary sacrifice necessary to save the whole ship and cargo.

Q.-Give some other instances of general average.

A.-A ship is caught in a squall and thrown on her beam-ends and the masts are cut away by the master's orders; a ship is likely to founder and, therefore, part of the cargo is thrown overboard; a vessel is riding, say in Odessa Mole Head, alongside of other ships, the spare towlines and warps are put over for fenders and are destroyed; a master is forced to sell part of the cargo for the purpose of repairing the ship and taking the remainder to its destination. The loss caused by any of these things would be a subject of general average.

Q.-Who or what pays for the loss by general average?

A.-The cargo, the ship at the end of the voyage, and the freight less wages and expenses, each pay in proportion to their value.

Q.-Do the victuals and wages contribute?

A.-No, they do not contribute.

In general average, contribution is made by every kind of merchandise on board for traffic, the value of the ship at the end of the voyage, the freight, less wages and expenses; the victuals and wages do not contribute.

Q.-What is a particular average?

A.-A term used to signify damage or partial loss unavoidably happening to one of the individual interests through some peril insured against.

The most common instances in which particular averages occur are:

I.

Where a mast, cable, or other part of the vessel is carried away by a storm, and not parted with, cut away, or abandoned, in order to save the vessel -this loss must fall upon the ship and freight, and, if insured, is to be indemnified by a particular average.

2. When the masts, sails, and bowsprit have been damaged in a storm, or sudden squalls, and, in order to repair these damages, the master puts into a port, the expense of these repairs forms a subject of particular average.

3. Though, in the ordinary case, damage sustained in avoiding a lee shore falls under the ordinary tear and wear of the voyage, which the vessel ought to be strong enough to undergo, yet, where the damage arises from extraordinary circumstances, as by standing out to sea with a press of sail in tempestuous weather, in order to avoid being driven ashore and stranded, or by carrying a press of sail in order to avoid or escape from an enemy, this damage can be claimed as a particular average from the underwriters.

4. Where the vessel has stranded, or struck the ground, or strikes upon a rock, this is also particular average, unless where there has been a voluntary stranding for the general safety of the ship or cargo.

5. Where in scudding before the wind, in lying-to, or in a heavy cross sea, the pitching or rolling of the vessel, carries away her masts, or damages her stanchions or upper works, or heavy seas burst the sails, or wash overboard the boats, properly fastened to ring-bolts on deck, or wash over articles then necessarily on deck-these are all matters of particular average.

6. Where, in a storm, or from some other violent cause, the vessel springs a leak from which damage ensues, this falls under particular average, unless the leak arises from the ordinary working and straining of the vessel, or is owing to her, age or insufficiency, or some other hidden defect.

7. Where damage is done to the vessel, either by her running foul of another vessel, or being run foul of by another, without blame being attached to either side, the damage thereby sustained is also defrayed by a particular average; and, where the collision has been occasioned by the negligence or misconduct of the other vessel, the underwriters on the vessel injured are liable for the loss, as particular average, only; they can recover the damage from the owners of the vessel causing the damage.

Q.-You have incurred losses during the voyage which are proper subjects for a general average, what would you do on your arrival at your port of destination?

A.—Make a regular protest, inserting the whole particulars of the jettison as entered in the log book, and along with two or more of the crew I would make oath that the goods were then thrown overboard, or the loss incurred for the safety of the ship and the remainder of the cargo, and for the preservation of the lives on board, and for no other reason.

Q.-What is an average bond?

A. A written agreement signed by the consignees or owners of a cargo, binding themselves to pay any proportion of average that may justly arise against them, in consequence of some accident which the ship has met.

NOTE.—It is particularly advisable for the master to obtain this security before he parts with the goods to a consignee; the real owner of them is liable without signing such a bond, but a consignee is not; and, therefore, by the latter refusing to pay, the shipowner might be left to seek recovery from the principal residing abroad or at a distance.

Q.-Have you any lien on the cargo for the shipper's share of the loss?

A.-Yes; the shipowner may hold the cargo for a general average claim.

Q.-What is meant by jettison ?

A. To throw overboard cargo or equipment to lighten or relieve the ship when in danger.

Q.-Under what circumstances is such an act warranted?

A. When it is done in a storm to lighten the ship, or after getting aground, for the purpose of getting the ship off, its object being the preservation of the vessel and crew.

Q.-Suppose your ship has sprung a leak, your pumps do not keep it under, and other attempts fail, what would you do? A.-Lighten the ship by throwing some of the cargo overboard. Q.—What part of the cargo would you throw overboard first? A.-When possible that part of the cargo which is of least value and greatest weight should be chosen, but such considerations should not be allowed to cause delay where the danger is imminent.

Q.-Suppose the cargo consists of bales of cotton, or of hemp, or wool, with different marks, and shipped by different merchants; what bales would you heave overboard first?

A. Throw them overboard indiscriminately, and not favour any merchant.

Q. How are the owners of the lost cargo to be compensated? A.-By general average.

DOCUMENTS NECESSARY TO CLEAR A SHIP AND TO ENTER HER OUTWARDS, &c.

Q.—What documents do you get from the Shipping Office? A.-Articles. E.N.G., or Return List. of Men's Wages. Official Log Book. A.A. ment Fees.

Papers for account Receipt for Engage

Q. What are the articles of agreement, and what particulars do they contain ?

A. The agreement between the master and the crew. The official form is filled up in duplicate and signed at the Mercantile Marine Office, one part is carried with the ship and the other kept by the Shipping Master. There is also an unsigned copy which must be posted on board the ship in some place to which the crew have access.

The agreement contains the name of the ship, the nature and maximum duration of the voyage, the number and description of the crew, the particulars of the load line, scale of provisions, the capacity of each person, the pay he is to receive, and the time he is to commence work, and must be read to each person before signing.

Q.-Your vessel is load, what do you do?

A.-Take all my papers to my brokers, who goes with me to the Custom House, pays my charges, and gets my papers, including a Bill of Health.

Q. What documents do you take to the Custom House to clear your ship outwards?

A. The ship's register, last light bill, clearance from Shipping Office, called A.A., manifest of cargo, and jerking note.

Q. What document do you get at the Custom House after you clear your ship outwards?

A.-Port Clearance and Dock Pass.

Q.-Before sailing for a foreign port what document must you get?

A.--A bill of health.

Q. What is a bill of health, and where do you get it?