A contract for the conveyance of goods may be rescinded by the act of .the parties or by circumstances over which they have no controL If the contract is under seal, it ought, with a view to proceedings in the courts of common law, to be discharged by an instrument of the same nature ; but if the facts show an intention in both parties to rescind the contract, a court of equity will interfere in that behalf.
When:tithe goods have been laden and bills of lading signed, the master ought to receive back all the bills of lading or bo indemnified against the consequences of having signed them, if the contract of conveyance is to be put an end to : and he has a right, in the absence of any fresh agreement to the contrary, to retain the goods till the freight which be might earn upon them has been paid. If after the contract for conveyance has been entered into, the fulfilment of it becomes unlawful in consequence of some act of the government of the country, such as a declaration of war, a suspension of commercial intercourse, or a prohibition to export, the agreement is dissolved. But nothing short of absolute unlawfulness can excuse the perform ance of the contract A contract is not dissolved by the temporary restraint of an embargo, nor, as it seems, of a blockade of the port of departure. But a blockade of the port of destination dissolves the contract, because to sail to a blockaded port with the premeditated intention of breaking the blockade is an offence against the law of nations. If a party has absolutely contracted to furnish a lading for a ship on her arrival at a foreign port, and is prevented from doing eo in con seqUence of any law or regulation merely municipal of the foreign country, this will not excuse the non-performance of his contract : as where the export of the articles contracted to be laden is prohibited, or where intercourse la forbidden in consequence of the prevalence of an infectious disorder. In such cases, and where from any other cause the correspondent of the merchant is unable to furnish a freight, and gives information of that to the master, he cannot, by afterwards remaining at the port the days prescribed, entitle tho owners to demurrage.
Passengers.—In all matters that regard the abip, the master has within the scope of his duty an unlimited authority over the pas sengers as well as over the crew. A passenger may quit the ship, but while he remains on board he is bound in case of necessity to do work that is required for the service of the ship and to fight in her defence.
If he thwart the master in the exercise of his authority or otherwise misconduct himself, he may lawfully be put under restraint or impri soned. If the conduct of a passenger be unbecoming, or if he threaten the master with personal violence, he may be excluded from those parts of the ship which are frequented by the superior passengers, although he has paid such a fare as entitles him to be admitted there. If a passenger feels himself aggrieved by the manner in which he has been treated, he may bring an action against the master, and it will be for the jury, under the direction of the judge, to say whether he has any ground for complaint. In addition to this general right of action, a general statute (18 & 19 Viet. c. 119) has been passed to regulate the conveyance of passengers from places in the United Kingdom to places out of Europe, and (not within the Straits of Gibraltar. It regulates the proportion of passengers carried to the tonnage of the ship, provides security for the sea-worthiness, cleanliness, outfit, and proper storing of the ship, for the presence of a surgeon and medicines, for the delivery of a list of passengers to the collector of customs at the port of departure, and attaches penalties to a violation of the regulations which it contains. It also subjects the master to a penalty in case of his improperly landing passengers at any place not con tracted for,or wilfully delaying to sail, and provides for the mainte nance of the steerage passengers for 48 hours after their arrival at the destined port. The agreement with the passengers must be in writing, and have a scale of provisions attached. Prepayment of the fare by a steerage. passenger within the statute is imperative. If a passenger fails to pay his fare, the master or owners have a lien on his luggage for the amount. Nothing is due for the conveyance of an infant born during the voyage. Where there is a contract for the convey ance of men or animals, freight is not duo for those which die before the completion of the voyage, unless there be in effect a stipulation that freight is to be paid. for the lading of them. The statute provides for the forwarding of all passengers found at any place short of their port of destination, and as this is done at the expense of the owners of the ship that should have conveyed them, all who accept of this kind of assistance forego 'their right of action against them.