AVERAGE, GENERAL-continued.

healing of disabled mariners, 541.

ships running foul of each other, 541.

stranding, if voluntary, for benefit of all concerned, and ship saved,
cargo to contribute to the damage done to the ship, 524.

involuntary, or if ship lost by, whether cargo to contribute, 524.

difference of opinion among foreign jurists on this point, 525.

conflicting decisions by courts in America, 525.

decision of supreme Court of New York respecting, 525.

doctrine of English text writers, 525.

reasons suggested against contribution by cargo, when ship stranded
and lost, 525.

contribution for, 550.

consignee chargeable for, if owner of the goods, but not in respect of
receipt of them, unless so stipulated in the bill of lading, 554.
adjustment of, 550, 551.

example of such adjustment, 551.

action for and evidence in, 553.

defendant in action by shipowner, for not entitled to inspection of docu-
ments from which statement of, is drawn up, 553.

detention of cargo for, 553.

bond for payment of, 554.

Court of Equity will not at suit of sufferer restrain master from parting
with goods of others, 553.

agreement for payment of, 553, ccccix.

case of salvage on capture and recapture analogous to, 552.

difference between the law of foreign countries and of England on
subject of, 554.

freight liable to contribute to, 549.

of goods thrown overboard, how valued, 550.

on what principle, 550.

to be settled according to the law and usage of the country where con-
tract determines, when, 554-6.

B.

BALLAST, held not to be furniture, 5.

shipowners bound to find for ship, 217.

merchandise may be carried as, 6, 217.

what articles may not, in passenger ships, cclxix.

BALLASTAGE, rates to form Mercantile Marine Fund, cxxvii.
establishments for, to be charged thereon, cxxvii.

BANKRUPTCY.-See Registry Transfers.

of vendor of ship, effect of, 62.

of mortgagor, 61.

of part-owner, after commencement of voyage, 80—1.

interest of other part-owners not affected by, 81-6.

of shipowner, effect of, in case of mortgage or assignment, 32.

title of mortgagees and trustees for sale of ships liable formerly to le
defeated by, 32.

but now protected, when mortgage or assignment duly registered, 32.
object and effect of new enactments respecting, 32.

old and new law on this point compared, 32.

tradesmen dealing with apparent owners should consult register to
ascertain the amount of their beneficial interest in ship, 32.

suits by master of ship against it and owners, in case of their, 520.
BARGE.-See Lighter.

BARRATRY, definition of, 159.

not so comprehensive as in France, 159.

not essential that act should be done by master for his own benefit, or
with intent to injure his owners, 159.

BARRATRY-continued.

but must be against his better judgment, 160.

against whom and by whom may be committed, 160.

instances of barratrous acts, 159.

offences within definition of, punishable by statute, 160-3.

punishment for destroying ship, 160.

turning pirate, 162.

running away with the ship, 162.
voluntarily yielding to pirates, 162.

not resisting pirates, 162.

BEACONS, penalty for wilfully running foul of, or riding by, cxxv.
BEACONAGE.-See Average.

BERTHS of seamen, allowance for, lxxxi.

in passenger ships, ccxlvi.

BILL OF EXCHANGE, taken by master or crew for wages, 514.
shipowner taking from consignee for freight, when confined to his
remedy upon, 372.

BILL OF HEALTH, 309.

BILL OF LADING, 279.-See conveyance of Goods in general Ships—
Master.

what it is, 279-283.

to be signed by master, 279.

made out by directions of shipper, 279.

sometimes two, sometimes three parts of, 279.

old form of, 279.

new form of, 280.

warranties in, 278.

exceptions in, 280.

special clauses in for demurrage, &c., 265–280.
references in, to charter parties, effect of, 265.

one bill of lading accomplished, others void.

master should not sign till goods on board, 281-283.

nor admit statements into, inconsistent with fact, 281.

consequences of so doing, 281-283.

if any dispute about quantity or contents, should be varied accordingly,
299.

between shipper and shipowner not conclusive, 281.

when conclusive between shipowner and third party, 282.

and between master and third parties, 283.

to whom master and owners responsible on, for loss or injury of goods, 268.

right of property and of possession to be considered, 283.

and whether conditions of consignment performed, 283—292.

endorsements of, 281-3, 293.

to shipper's order, endorsed and unendorsed, effect of, 284.

when property in goods vests in consignees named in, 283- -293.

when not, 283, 289-300.

when consignee may sue master or shipowner on, 266, 298.

duty of master to retain goods, when, 289–297.

cases of conditional consignment distinguished from those where pro-
perty in goods vests in consignee at the time of shipment, 292.
endorsement and transmission of, as security for antecedent advances,
evidence of appropriation of specific goods to consignee at the time
of shipment, 293.

when property vests in consignee named in, at the time of shipment,
283-293.

and he may maintain action for its loss or injury, 283-293.

when consignor cannot vary destination of consignment, 293, 301, 423.
when he can, 286-293.

whether consignee who is only agent can sue on, 294.

but consignor may always sue, 295.

agent may sue if contract in his own name, 296.

unless prohibited by his principal, 296.

BILL OF LADING-continued.

or principal may sue, 296.

result of cases, 296.

endorsement of, for valuable consideration, 432-441.

right of assignee of, without fraud, 437.

cannot be defeated by consignor, when, 422.

otherwise if assignee take it from consignee in fraud of cousignor, 437.
object and nature of consignment and character of consignee to be
attended to, 286-289.

effect of, between principal and factor, 438.

Factors' Acts, 6 Geo. 4, c. 94; 5 & 6 Vict. c. 39, 438.

person in possession of, to be deemed owner of goods so far as to give
validity to contract, 438.

cases on construction of, 443.

pledge of, by factor, effect on consignor's right to stop in transitu, 441.
consignor's right in equity, subject to right of pledgee, 446.

endorsement of, evidence of transfer not actual transfer of property in
goods, 438.

circumstances equivalent to, 438.

assignment of, 431, 432.

if master engage to deliver goods to agent of consignor, when liable for
not doing so, 439.

to whom master should deliver goods, 298.

should observe his engagement in bill of lading, 298.

priority of endorsement, to be looked to by him, 439.

when master should require indemnity before delivery of goods, 299,

439.

what amounts to a delivery pursuant to bill of lading, 334.
particular restrictions in endorsement of, 431.

master should in prudence insist on all parts of being returned to him
before he allows goods to be unshipped at port of loading, 452, 453.

BILLS OF LADING ACT, 18 & 19 Vict. c. 111, 297.

BILL OF SALE.-See Sale-Registry-Transfer.

ships or shares thereof must be transferred by, 2, 59, xxxvii.

essential by maritime law to valid transfer of a ship, 2.

contents of, 59, xxxvii.

exempt from stamp, when, xxiii.

recital in, of certificate of registry not required, 59.

must be produced to the registrar of port where ship registered, 59,
xxxvii.

must be entered in book of registry, 59, xxxvii.
produced upon registering ships de novo, xlii.
BLOCKADE.-See Dissolution of Contracts.
of port of departure, 457.

destination, 458.

BOARD OF TRADE-

(Ss.) 1. Its general functions in relation to the mercantile marine, 90.
2. Local marine boards, 91.

3. Duties of shipping offices established under its authority, 92.

powers of, generally, under 17 & 18 Vict. c. 104, 90.

general superintendence of, in matters relating to merchant ships and
seamen, 90.

to prepare and sanction forms of books, instruments, papers, &c., re-
quired by the Act, 90.

which are to be marked or sealed, 90.

and sold at custom-houses and shipping offices, and persons
licensed to print and sell them, 90.

such documents sealed or signed by secretary or officer of marine
department to be received in evidence, 90.

consular and customs' officers, marine boards and shipping masters to
make such reports, returns, official log-books, &c., as board may
require, 90.

BOARD OF TRADE-continued.

power of all officers of, to require production of documents, lists of
persons on board ship, official log-books, explanations, &c., when
reason to suspect laws not complied with, 91.

penalty for not obeying such requisition, 91.

on refusing such explanation, 91.

may appoint inspectors, 91.

to report on nature and cause of any accident or damage, 91.
and whether provisions of act or regulations made under it have
been observed, 91.

and whether hull and machinery of any steam ship are in good
and sufficient order, 91.

inspectors empowered to go on board and inspect ship and all
things in it, 91.

to summon all persons and make inquiries of them, 91.

compel production of papers and documents, 91.

administer oaths and declarations, 91.

witnesses so summoned to have expenses, and liable to penalties

for not answering, or refusing to produce documents, 91.
authorized to establish marine boards at seaports of United Kingdom,

91.

how marine boards constituted, 92.

shipping offices to be established by them, 92.

business of shipping offices, 92.

may dispense with shipping master's superintendence, liii.

shipping masters may be removed by, lii.

may direct duties of shipping masters to be conducted at Custom-
houses, liii.

may take upon itself duties of local marine boards in certain cases, li.
may cancel or suspend certificates of masters and mates, lxxxiii.
powers of, respecting lighthouses under, exxi.

forms of ship's articles sanctioned by, 470, -
Forms.

-

See Appendix of

regulations for maintaining discipline on board sanctioned by, 470,
lxxxii, ccclxii.

power of, as to wages and property of deceased seamen, 497, lxx.-See
Marine Boards-Shipping Offices.

survey of steam vessels by persons appointed by, ci.

BOAT (Ship's) no part of ship or of her apparel, 4.

for sea-going ships, xcvii.

BOATS under fifteen tons, employed on rivers or coasts of United King-
dom, need not be registered, 50.

for foreign steam vessels, xcvii.

no decked vessel, except steam-tugs to proceed to sea without being
supplied with proper boats according to tonnage, xcvii.

for passenger ships, xcviii.

BOND, for payment of average, 554.

BOTTOMRY.-See Hypothecation—Master—Maritime Lien.

Contents of Chap. 3, Part 2.

Of the authority of the master with regard to repairs and other neces-
saries furnished to the ship.

(S3.) 1. Of the liability of owners of ship and employers of master upon
his contracts. Of proceedings against them personally, and
against the ship, 107.

2. Of their personal liability on his contracts for necessaries, 108.
3. Of charges on the ship in specie.-Repairs done in England not
privileged as in civil and maritime law.-Lien of shipwright,

116.

4. Doctrine and jurisdiction of Admiralty, 122.

BOTTOMRY-continued.

5. In foreign parts master may hypothecate his ship, but not
generally at the residence of his owners.-Of contracts by
bottomry, 125.

6. Requisites to validity of bottomry securities, 131.

7. Must be for relief of ship's necessities, 135.

8. Proceedings in Admiralty upon them, 137.

9. If several securities of this kind, last entitled to priority, 138.
10. Extent to which freight may be pledged, 141.

11. Respondentia, 143.

by master, 125, 136.

by master appointed by a charterer, 108.

distinction between and respondentia, 125, 143.

nature of contract of, 125-127.

essential to, that lender incur the sea risk, and pledge take effect only
on ship's arrival, 133, 134.

origin of, 125.

does not transfer property in ship, gives merely privileged claim on,
128, 619.

money not to be borrowed by master at the residence of owners without
their consent, 128.

what to be considered for this purpose residence of owners, 129.

in foreign countries, 130.

remedy of lender against master or ship, 130.

though maritime interest not stipulated, owner not personally
responsible on instrument of, 130.

master cannot charge ship for his own debt, 135.

case in illustration of this rule, 135.

but his subsequent misapplication of money advanced for the ship's
necessities will not deprive lender of the benefit of security by, 136.
quare, whether lender on, be bound to see to application of money, 136.
is not required to consider the expediency of repairs, &c.. 136.

must ascertain the existence of an unprovided necessity, 136.
master must be acting within scope of his authority, 136.
given by owners, 127.

on English ships bound to the East Indies, 126.

on foreign ships bound thither, 127.

BOTTOMRY BOND.-See Hypothecation-Maritime Lien.

total loss within the meaning of, cannot happen if the ship, though
constructively a total loss as a subject of insurance, exists in specie,

126.

no settled form of, 132.

requisites of, 131–137.

repayment must depend on safe arrival of ship, 130.

chose in action not assignable at common law, 128.

but in Admiralty negotiable, 128.

valid, if money originally advanced on credit of ship, 131.
otherwise not, 131.

not bottomry if money payable in any event, 133.

though not at maritime interest, 130.

liability of lender to sea risks must appear, 133.

otherwise maritime interest usurious, and bond void, 133.

will be liberally construed, 133.

may be given to consignees of cargo, 131.

by master appointed by themselves, when, 131.

by the British consul, 132.

by master of British ship, in British port, 129.

creatures of distress, as such, liberally considered, 132–133.

by master appointed by underwriters after abandonment by owners,

131.

given to charterer, when consignee of the ship at the port, supported,