FREIGHT, is the consideration money agreed to be paid for the use or hire of a ship, or, in a larger sense, the burthen of such ship. The freight is most fre quently determined for the whole voy age, without respect to time ; sometimes it depends on time ; in the former case it is either fixed at a certain sum for the whole cargo, or so much per ton, barrel, bulk, or other weight or measure, or so much per dent. on the value of the cargo. If a certain sum be agreed on for the freight of the ship, it must all be paid, although the ship when measured, should prove smaller, unless the burthen be war ranted. If the ship be freighted for tran sporting cattle or slaves, at so much per head, and some of them die on the pas sage, freight is only due for such as are, delivered alive ; if for landing them, it is due for all put on board. When a whole ship is freighted, if the master suffer any goods besides those of the freight to be put on board, he is liable for damages. If the voyage be completed according to the agreement, without any accident, the master has a right to demand the freight before the delivery of the goods ; but if such delivery is prevented by negligence, or accidents, the parties will be recipro cally responsible in the following man ner: If the merchant should not load the ship within the time agreed on, the master may engage with another, and re cover damages. If the merchant recal the ship after she is laden and sailed, be mast pay the whole freight ; but if he unload before the ship has actually sail ed, he will in such case only be respon sible for damages If the merchant load goods which are not lawful to export, and the ship be prevented from proceed ing on that account, he must neverthe less pay the freight. If the master be not ready to proceed bn the voyage at the time stipulated, the merchant may load the whole, or part of :tee cargo, on board another ship, and dama ges ; but any real casualties will release the master from all damages. If an em bargo be laid on the ship before she sail, the charter-party is dissolved, and the merchant pays the expenses of loading and unloading ; but if the embargo be only for a short limited time, the voyage shall be performed when it expires, and neither party is liable for damages. If
the master sail to any other port than that agreed on, without necessity, he must sail to the port agreed on at his own expense, and is also liable for any damages in consequence thereof. If a ship be taken by the enemy, and retaken or ransomed, the charter-party continues in force. If the master transfer the goods from his own ship to another, with out necessity, and they perish, he is responsible for the full value, and all charges ; but if his own ship be in immi nent danger, the goods may be put on board another ship, at the risk of the owner. If a ship be freighted out and home, and a sum agreed on for the whole voyage, nothing becomes due until the return of such ship. If a certain sum be specified for the homeward voyage, it is due, although the correspondent abroad should have no goods to send home. A ship was freighted to a par ticular port and home, a particular freight agreed upon for the homeward voyage, with an option reserved for the corres pondent to decline it, unless the ship ar rived before a certain day. The master did not go to the port agreed on, and therefore became liable to damages, the obligation being absolute on his part, and conditional only on the part of the freighter. If the goods be damaged without fault of the ship or master, the owner is not obliged to receive them and pay the freight ; but he must either re ceive or abandon the whole ; he cannot receive those that are not damaged, and reject the others. If the goods be da maged through the insufficiency of the ship, the master is liable for the same : but if it be owing to stress of weather, he is not accountable. If part of the goods be thrown overboard, or taken by the enemy, the part delivered pays freight ; the master is accountable for all the goods received on board by him self and mariners, unless they perish by the act of God or the king's enemies. The master is not liable for leakage of liquors, nor accountable for contents of packages, unless packed in his presence.