and the carrier must consent thereto to take away the seller's right of stoppage.

Where the goods are ready for delivery a mere demand and tender of the freight takes away the seller's right to stoppage, provided there is no other lien on the goods.

STOPPAGE IN TRANSITU-WHO MAY EXERCISE.

Stoppage in Transitu is a right belonging exclusively to the seller of goods for the price thereof. (33)

A mere surety for the price of goods has no right to stoppage. )34) A stoppage in transitu may be made by notice to the person in custody of the goods. (35)

A notice to be valid must be placed in the hands of the person who is capable of controlling or is in the actual possession of the goods. (36)

A notice to be good must be given with the authority of the seller, but where it is given otherwise but is afterwards confirmed by him before it is too late to stop the goods in transitu it is valid. (37)

Where the notice is given to a ship-owner he is bound to use all reasonable diligence to have it reach the person in actual possession of the goods, if he is not so himself at the time. (38)

Where a carrier receives notice in time, not to deliver the goods and he does deliver them, he is liable in trover. (39)

A person stopping goods in transitu is only entitled to have them in the condition in which they were stopped. (40)

NOTES.

(1)) Inglis v. Usherwood, 1 East 515; Bohtlingk v. Inglis, 3 East 381; Hodgson v. Lay, 7 T. R. 440; Feis v. Wray, 3 East 93; Patten v. Thompson, 5 M. and Sel. 350; Berndston v. Strong, L. R. 3 Ch. 588.

(2) Strong v. Hart, 6 B. and C. 169; Lichfield Union v. Greene, 1 H. and N. 884; Robinson v. Hawksford, 9 Q. B. 52; Bunney v. Poyntz, 4 B. and Ad. 568; Vertue v. Jewell, 4 Camp. 31; Patten v. Thompson, 5 M. and S. 350; Haille v. Smith, 1 B. and P. 563.

(3) Wilmshurst v. Bowker, 7 M. and Gr. 882; Walley v. Montgomery, 3 East 585.

(4) James v. Griffin, 2 M. and W. 622; Edwards v. Brewer, 2 M. and W. 375; Mills v. Ball, 2 B. and P. 457.

(5) Cox v. Harden, 4 East 211; Brandit v. Bowlby, 2 B. and Ad. 932; Nitchell v. Ede, 11 A. and D. 888.

(6) Lickbarrow v. Mason, 2 T. R. 63; 1 H. Bl. 357; 5 T. R. 367, 683; 6 East 20 Note; Cunning v. Brown, 9 East 506; Gurney v. Behreud, 3 E. and B. 622; Key v. Coteswath, 7 Exch. 595; The Argentina, L. R. 1 Ad. 370.

(7) Jenkyns v. Usborne, 7 M. and Gr. 678; Wait v. Baker, 2 Exch. 1.

(8) Barrow v. Coles, 3 Camp. 92; Mitchell v. Ede, 11 A. and E. 888.

(9) Key v. Cotesworth, 7 Exch. 595; Gurney v. Behrend, 3 E. and B. 622; 18 and 19 Vict. C. 111 S. 1, 2.

(10) Cuming v. Brown, 9 East 506, 514; Coxe v. Harden, 4 East 211; Walley v. Montgomery, 3 East 585.

(11) Rodger v. Comptoir, D'Escompte de. Paris; L. R. 2 P. C. 393.

(12) Coventry v. Gladstone, L. R. 6 Eq. 44; Re. West Zinthus, 5 B. and Ad. 817; Spalding v. Ruding, 6 Beav. 376.

(13) Oppenheim v. Russel, 1 N. R. 42.

(14) Smith v. Goss, 1 Camp. 282.

(15) Akerman v. Humphery, 1 C. and P. 53; Jenkyns v. Usborne, 7 M. and Gr. 678; McEwan v. Smith, 2 Ho. of Lds. 309.

(16) Roger v. the Comptoir D'Escompte de Paris, L. R. 2 P. C. 393; Vertue v. Jewell, 4 Camp. 31.

(17) Benjamin on Sale, 697; Townley v. Crump, 4 A. and E. 58; Miles v. Gorton, 2 Cr. and M. 504; Lackington v. Atherton, 8 Scott N. S. 38; Lucas v. Dorien, 7 Taunt 278; Dixon v. Yates, 7 B. and Ad. 313; Blackburn on Sale, 230; Martineau v. Kitching, L. R. 7 Q. B. 436; Castle v. Playford, L. R. 7 Ex. 98; Furley v. Bates, 33 L. J. (Ex.) 43; 2 H. and C. 200; Moaker v. Nicolson, 19 C. B. N. S. 290; 34 L. J. (C. P.) 273; Ogg v. Shuter, L. R. 10 C. P. 159.

(18) Bush v. Davis, 2 M. and Sel. 397; Hanson v. Meyer, 6 East, 614; Wallace v. Breeds, 13 East 522; Shepley v. Davis, 5 Taunt 617.

(19) Swanwick v. Sothern, 9 A. and E. 895.

(20) Bloxam v. Sanders, 4 B. and C. 941; Edwards v. Brewer, 2 M. and W. 375; Whitehead v. Anderson, 9 M. and W. 518; Ogle v. Atkinson, 5 Taunt 759; Bohtlingk v. Inglis, 3 East 396; Scotsmans v. L. and Y. R. Co., L. R. 2 Ch. 332; Ellershaw v. Magniac, 6 Exch. 570; Van Casteel v. Booker, 2 Exch. 69; Wait v. Baker, 2 Exch. 1; Walley v. Montgomery, 3 East 585; Jenkyns v. Brown, 19 L. J. (Q. B.) 286.

(21) Gibson v. Carruthers, 8 M. and W. 321; Schotsmans v. L. and Y. Ry. Co. L. R. 2 Ch. 332; Berndston v. Strang, L. R. 3 Ch. 588; Bolton v. L. and Y. Ry. Co., L. R. 1 C. P. 431.

(22) Ruck v. Hatfield, 5 B. and Ald. 632; Schuster v. McKellar, 7 E. and B. 704; Cowasjee v. Thompson, 5 Moore P. C. 165.

(23) Ogle v. Atkinson, 5 Taunt, 759; Schuster v. McKeller, 7 E. and B. 704.

(24) Dixon v. Yates, 5 B. and Ad. 313, 336; Bunney v. Poyntz, 4 B. and Ad. 568; Simmons v. Swift, 5 B. and C. 857; Slubey v. Hayward, 2 H. Bl. 504; Hammond v. Anderson, 1 B. and P. N. R. 69; Wentworth v. Outhwaite, 10 M. and W. 436; Janner v. Scovell, 14 M. and W. 28.

(25) Tanner v. Scovell, 14 M. and W. 28; Jones v. Jones, 8 M. and W, 431.

(26) Dixon v. Baldmen, 5 East, 175; Wentworth v. Outhwaite, 10 M. and W. 436; Leeds v. Wright, 3 B. and P. 320; Scott v. Peltit, 3 B. and P. 465; Allen v. Griffer 2 Cr. and J. 218; Rowe v. Pickford, 8 Taunt 83; Foster v. Frampton, 6 B. and C. 107; Whitehead v. Anderson, 9 M. and W. 518; Smith v. Gross, 1 Camp. 282; Coates v. Railton, 6 B. and Cr. 422; Foster v. Frampton, 6 B. and Cr. 107; Jackson v. Nichol, 5 Bing. N. C. 508.

(27) Whitehead v. Anderson, 9 M. and W. 518, 534; Mills v. Ball, 2 B. and P. 457, 461; Oppenheim v. Russel, 3 B. and P. 42; Foster v. Frampton, 6 B. and C. 107; Wright v. Lawes, 4 Esp. 82; Sorensen v. the Queen, 11 Moore P. C. 141.

(28) Ogle v. Atkinson, 6 Taunt 759; Ellershaw v. Magniac, 6 Exch. 570; Turner v. T. T. of L. Docks (in error), 6 Exch. 543; Bohtlingk v. Inglis, 3 East 381; Berndston v. Strang, L. R. 3 Ch. 588.

(29) Bohtlingk v. Inglis, 3 East 381; Berndston v. Strang, L. R. 3 Ch. 588. (30) Northey v. Feild, 2 Esp. 613; Nix v. Olive, T. T. 1805.

(31) Bohtlingk v. Inglis, 3 East, 381.

(32) Lucas v. Dorrien, 7 Taunt 278; Lackington v. Atherton, 8 Scott N. S. 38; Harman v. Anderson, 2 Camp. 243; Whitehead v. Anderson, 9 M. and W. 518.

(33) Bloxam v. Saunders, 4 B. and Cr. 941; Edwards v. Brewer, 2 M. and W. 375; Newsom v. Thornton, 6 East 17; Jenkyns v. Usborne, 7 M. and Gr. 678; Ferse v. Wray, 3 East 93; Tucker v. Humphrey, 4 Bing. 516; Ogle v. Atkinson, 5 Taunt 759; Ellershaw v. Magniac, 6 Exch. 570.

(34) Siffken v. Wray, 6 East 371; Gurney v. Behrend, 3 E. and B. 622; Jenkyns v. Usborne, 7 M. and Gr. 678; Bird v. Brown, 4 Exch. 786.

(35) Whitehead v. Anderson, 9 M. and W. 518; Jackson v. Nichol 5 Bing. N. C. 508; Bohtlingk v. Inglis, 3 East 381; Ellis v. Hunt, 3 T. R. 464.

(36) Bird v. Brown, 4 Exch. 786; Whitehead v. Anderson, 9 M. and W. 518; Litt v. Cowley, 7 Taunt 769.

(37) Whitehead v. Anderson, 9 M. and W. 518.

(38) Whitehead v. Anderson, 9 M. and W. 518; Litt v. Cowley, 7 Taunt 169.

(39) Wright v. Lawes, 4 Esp. 82; Ellis v. Hunt, 3 T. R. 466; Litt v. Cowley, 7 Taunt 169; Falk v. Fletcher, 34 L. J. (C. P.) 146.

(40) Berredston v. Strang, L. R. 3 Ch. 588; Falk v. Fletcher, 34 L. J. (C. P.) 146.

CHAPTER IV.

PART I.-COLLISIONS. PART II.-SALVAGE.
PART IV.-PILOTS.

PART III.-TOWAGE. PART V.-MARINE INSURANCE.

PART I.—COLLISIONS.

Where the master of a ship takes all such precautions as a man of ordinary prudence and skill, exercising reasonable foresight, would use to escape danger, his owners will not be responsible because he may have omitted some possible precaution which the event suggests he might have resorted to. (1)

A schooner close hauled on the starboard tack at night, saw the green light and two towing lights of a steam-tug three points on her port bow about a mile off. The schooner kept her luff. The tug had a fully laden ship in tow and was steaming against a head sea in open water, and she kept her course until too late to get out of the schooner's way and the tug and the schooner came into collision. It was held that the schooner was right in holding her course, and that the steam-tug was alone to blame. (2)

The owners of the ship claiming damages must prove that the other ship was in the wrong. (3)

Where there is a reasonable doubt as to which party is to blame, the loss must be borne by the party on whom it has fallen. (4)

The want of a proper look-out is a culpable neglect on board a ship, and will render her prima facie liable for damages caused alone by her. (5)

Where a ship receives or does damage on account of negligence or misconduct of those on board of another vessel, although no collision takes place, the latter vessel is liable for the damage. (6)

Where a collision is the result of inevitable accident, which it was impossible to avoid by ordinary skill, diligence and precaution, neither ship is liable. (7)

A ship in motion is bound to keep clear of a ship at anchor, and a ship in says is considered as at anchor. (8)

Where two vessels are anchored close together there should be enough space left for each ship to swing. If not, it is a foul berth, and the ship last anchoring is liable for any damage.

A vessel which having performed her own duty comes into immediate danger of collision by the wrongful act of another, is not to be held liable if at that moment she uses a wrong manoeuvre. (10)

Where one ship by improper management compels a second ship to do damage to a third vessel the first ship is liable for such damage. As for example: where a vessel was compelled by the improper navigation of the first of three barges to change her course so that she ran into and damaged one of the last barges of such tow, the first barge is liable for such damages. (11)

A steamer in a dense fog is bound to go as slow as it is possible for her to go and maintain steerage way. (12)

It has been held that in a dense fog a steam-vessel's duty is to anchor as soon as circumstances will permit. (13)

A steamer running in a fog at a moderate rate of speed hearing another steamer whistling, indicating that she was approaching, and was so near to her that if all was quiet they would have been within hailing distance, is bound to stop her engines and reverse them so as to stop her own motion, and she ought not to wait until they are within sight of each other. (14)

A steamer running in crowded waters in the day time ought to have a look-out forward besides the officer in charge, even in fine weather. (15)

A vessel close hauled, which is bound to keep her course, may luff as close to the wind as she can get so as not to loose her headway, and such luffing is not a change in her course which will render her liable for a collision with another vessel, whose duty it is to keep out of her way. (16)