that all repairs have for their sole object the prosecution of the voyage, which might be defeated by making use of these funds. His next recourse should be to the personal credit of the owner, by drawing bills or otherwise.

If these means fail, he is next to hypothecate (that is, pledge) the ship, or cargo, or freight, or sell part of the cargo, according to circumstances. If the owner of the ship is also owner of the cargo, the better opinion seems to be, that the master may take whichever of these means can be adopted with the least sacrifice of the owner's interest; though probably selling part of the cargo would almost in all cases be the least favourable course for all the purposes of the voyage. If the owner of the ship is not owner of the cargo, the master should bear in mind that he is agent of the former, and has generally no further control over the cargo than for safe keeping and transportation. He should therefore first exhaust the credit of the ship and freight by hypothecation; and if these means fail, he then becomes, by necessity, agent for the owners of the cargo for the purposes of the voyage, and may hypothecate the whole, or sell a part, according to circumstances. As to selling part, he should remember that his duty is to carry forward the objects of the voyage, and that selling a large part would probably impair these objects more than hypothecating the whole.

In no case can any of the cargo be sold or hypothecated to repair or supply the ship, unless these repairs and supplies are to be for the benefit of the cargo. The strictest proof is always required that the repairs were in the first place necessary, and, in the next place, that they were for the benefit of the cargo, and not merely for the good of the shipowner.

A further question arises, whether the master has ever, and when, the right to sell the whole cargo and the ship itself. If it should be impossible to repair the ship and send her on the voyage by any of the means before mentioned, it then becomes the master's duty to forward the cargo to the port of destination by some other conveyance. If neither of these things can be done, then

he becomes, from necessity, agent of the owner of the cargo, and must make the best disposition of it in his power. If the goods are perishable, and the owner cannot be consulted within a reasonable time, and has no agent in the port, and something must be done with the cargo, and there is no one else to act-then the master must dispose of it in such a way as best to subserve the interest of its owner. He should take the advice of the commercial agent or other suitable persons, should also use his own judgment and act with good faith, and take care to preserve evidence that he has so done. If all these requisites are not complied with, he will incur the danger of having his acts set aside.

The rule as to the sale of the ship is very nearly the same, except that it is, perhaps, still more strict. If all means for repairing the vessel and sending her on her voyage have failed, and a case of absolute necessity arises, the master may make sale of her. As a prudent man, he should have the sale made, if possible, under the authority of the judicial tribunals of the place. Even this will not, of itself, render the sale valid, but it will go far towards sustaining it. He should consult the consul, or other suitable person; should have a survey made; should take care to have the sale conducted publicly and with the best faith in all parties, and to preserve evidence of the same. Although a person should buy in good faith, yet the sale will be set aside unless it can be shown that there was the strictest necessity for it. The master must not become a purchaser himself, and even if he afterwards buy of one who purchased at the sale, this transaction will be very narrowly watched, and he will be bound to show the very highest good faith in all parties.

By section 3rd of the Bill of Lading Act, passed at the close of the session of 1855, it is provided that every bill of lading representing goods to have been shipped on board a vessel, shall be conclusive evidence of such shipment, as against the master, or other person signing the same, although such goods may not have been shipped. As to the safe keeping, transportation, and delivery of

the

cargo, the master's duties and obligations are those of a common carrier upon land. He is bound to the strictest diligence in commencing and prosecuting the voyage, a high degree of care both of vessel and goods, and is held liable for all losses and injuries not occasioned by inevitable accident, or by the acts of public enemies. He is answerable also for unnecessary delays and deviations, and for the wrongful or negligent acts of all persons under his command. At the termination

of the voyage, he must deliver the goods to the consignee or his agents. A landing upon the wharf is a sufficient delivery, if due notice be given to the parties who are to receive them. He is not, however, bound to deliver until the freight due is paid or secured to his satisfaction, as he has a lien upon the goods for his freight; but the consignee can require the goods to be taken from the hold, in order that he may examine them, before paying freight. In such case they should not go out of the possession of the master or his agents. See Sec. 66 et seq., 25 & 26 Vict. cap. 63.

DEVIATION. The master must not deviate from the course of the voyage. By a deviation is meant, technically, any alteration of the risk insured against, without necessity or reasonable cause. It may be by departing from the regular and usual course of the voyage, or by any unusual and unnecessary delay. A deviation renders the insurance void, whether the loss of the vessel is caused by the deviation or not. It is not a deviation to make a port for repairs or supplies, if there be no unnecessary delay, nor to depart from the course of the voyage in order to succour persons in distress, to avoid an enemy, or the like.

While a vessel is detained at a port of necessity, it seems to be no deviation to take in an additional cargo, if no additional delay or risk is occasioned thereby.9 East, 195; 11 East, 347; 12 East, 131.

On the arrival of the vessel at her homeward port, and when compelled by accidents or injury to put back, or into a port other than that of her destination, it is usual for the master to present himself before a notary,

and cause a protest to be noted, and afterwards drawn up or extended; but with whatever formalities drawn up, this protest cannot be received in our courts as evidence for the master or his owners; it may, however, be evidence against him and them; and he should therefore take care to supply from the log-book, his own recollection, and that of the mate, or trustworthy mariners, true and faithful instructions for its preparation.

COLLISION. The master is bound to his owners for the exercise of reasonable skill and care in the management of the vessel, and he and they are bound in like manner to every one who is affected by his acts, within the scope of his employment; he must, therefore, during the whole course of the voyage, at sea, at anchor, and in port-perhaps even when a licensed pilot is on board -be vigilant, to avoid the peril of a collision.—3 Hagg. Ad. Rep., 176.

It is said that there are four possibilities under which collision may occur. "In the first place it may happen without blame being imputable to either party, as where the loss is occasioned by a storm, or any other vis. major. In that case the misfortune must be borne by the party on whom it happens to light, the other not being responsible to him in any degree. Secondly, a misfortune of this kind may arise where both parties are to blame; where there has been want of due diligence, or of skill, on both sides; in such a case the rule of law is, that the loss must be apportioned between them as having been occasioned by the fault of both of them. Thirdly, it may happen by the misconduct of the suffering party only; and then the rule is, that the sufferer must bear his own burthen. Lastly, it may have been the fault of the ship which ran the other down, and in this case the innocent party would be entitled to an entire compensation from the other."-2 Dod. Ad. Rep., 83.

The provisions which applied to collisions, lights, fog signals, and meeting and passing, which were enacted by secs. 295 to 299, in the fourth part of the principal Act 17 & 18 Vict., c. 104, have been repealed by the new Act, 25 & 26 Vict., 1862. See Chapter XV.

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CHAPTER IV.

MACHINERY FOR ENFORCING LAWS AND REGULATIONS RELATING TO MASTERS AND CREWS.

Interpretation of words. Official agency. Board of Trade. Local Marine Boards. Shipping Master's Offices. *

In order to prevent doubt as to the true meaning of the several terms that occur in the Act (Merchant Shipping Act, 1854) relating to ships and seamen, the following are the legal interpretations thereof :—

"Her Majesty's Dominions" shall mean her Majesty's Dominions strictly so called, and all territories under the government of the East India Company; and all other territories (if any) governed by any charter or licence from the Crown or Parliament of the United Kingdom:

"The United Kingdom" shall mean Great Britain and Ireland : "British Possession" shall mean any colony, plantation, island, territory, or settlement within her Majesty's dominions, and not within the United Kingdom:

"The Treasury" shall mean the Commissioners of her Majesty's Treasury:

"The Admiralty" shall mean the Lord High Admiral or the commissioners for executing his office :

"The Board of Trade" shall mean the Lords of the Committee of Privy Council appointed for the consideration of matters relating to trade and foreign plantations :

"The Trinity House" shall mean the master, wardens, and assistants of the guild fraternity, or brotherhood of the most glorious and undivided Trinity, and of St. Clement in the parish of Deptford Strond in the county of Kent, commonly called the Corporation of the Trinity House of Deptford Strond:

"The Port of Dublin Corporation" shall mean the corporation for preserving and improving the port of Dublin:

Consular Officer" shall include Consul-general, Consul, and Vice-Consul, and any person for the time being discharging the duties of Consul-general, Consul, or Vice-Consul.

"Receiver" shall mean any person appointed in pursuance of this Act Receiver of Wreck :

"Pilotage Authority" shall include all bodies and persons authorised to appoint or license pilots, or to fix or alter rates of pilotage, or to exercise any jurisdiction in respect of pilotage:

"Pilot" shall mean any person not belonging to a ship who has the conduct thereof:

*Now called "Mercantile Marine Offices."