.Duties under Contract of iffreightment.—It is the duty of those who have contracted to convey, to do everything and be provided with everything necessary for the safe and expeditious accomplishment of the voyage; and if, through their failure to perform these duties, any damage results to the merchant, they will be answerable for it. At the commedeement of the voyage the ship must be sca-worthy, tight, staunch, and sufficient, and properly equipped with all necessary tackle. He who lets the ship is not excused by hie ignorance of any deficiency in these respects. The ship must also be provided with a master and crew competent to command and work her, and to guard the cargo on board, and also with a pilot when necessary either from circumstances or from the law of the country. [PILoT.] It is the duty of the master, unless in case of any usage which relieves him from such duty, to provide things necessary for the lading of the vessel, and to stow away the goods so that they do net injure each other or suffer from the motion or leakage of the ship. The master must procure and keep all documents, papers, clearances, &c. required by the authorities in respect of the ship and cargo ; and be must abstain from taking or keeping on board contraband goods or false papers. He must wait during the time appointed for loading the vessel, and, if required, also during that appointed for demurrage. Ho must pay the charges and duties to which the ship is subject. The statutes 16 & 17 Vict. c. 107; 23 Vict. c. 22; 23 & 24 Vict. c. 110, contain the enactments relative to what is necessary to be done in respect of the customhouse regulations by ships carrying goods from the United Kingdom beyond seas. When all things are prepared, the voyage must be commenced as soon as the weather is favourable. if the ship is to sail under convoy, she must sail first to the rendezvous assigned. Convoy means such ships of war as, in time of war, arc appointed by the proper authorities to take charge of trading ships during their voyage to their respective destinations. Before sailing it is the duty of the master to obtain all the sailing orders and other necessary instructions which are issued by the commander of the convoy ; and during the voyage to obey these and any others which may afterwards be issued, and to keep company with the convoy. During the time of war it is often rendered imperative upon merchant ships, by acts passed for that purpose, not to sail without the pro tection of convoy. After the commencement of the voyage, the master is bound, without delays, deviations, or stoppages, to sail direct to the port of destination. But stress of weather, the appearance of enemies or pirates, or the presence of any urgent necessity, will justify him in breaking through this rule ; and he ought to do so for the purpose of succouring another ship which he finds in Imminent peril or distress.
If the ship is lost or the goods injured during a deviation without any of these grounds of justification, the owner and master will be answerable for the loss to the merchant, even if it does not appear to have been a necessary consequence of the deviation. If the ship during the voyage is so damaged that she is unable to proceed without repairs, the master may detain the cargo, if not of a perishable clia meter, till the repairs are made. If the cargo is of a perishable kind, he ought to transship for the port of destination, or sell it where she lies if there be no opportunity of transshipment, or that course appear to be obviously injudicious. He may in all cases, where the circumstances require it, exercise a discretion as to transshipping the cargo ; as, for instance, when the ship is wrecked or in imminent danger.
Hypothecation of a cargo, like hypothecation of a ship; is "a pledge without immediate change of possession." The party to whom the goods are hypothecated immediately acquires a right to have possession of them if the money advanced is not paid at the time agreed on. This
power of the master under circumstances of urgent necessity to sell or hypothecate the goods must be exercised with great circum spection; and the exercise of it eau only be justified when it is con sistent with what would have been the conduct of a discreet and able man under the circumstances. During the voyage the master is bound to take every possible care of the cargo, and to do all things necessary for its preservation, and he and the owners will be answer able for all damage which might have been avoided by the exercise of skill, attention, and forethought. When the voyage is completed, the master must see that the ship is properly moored, and all things done relative to her which are required by the law or usages of the country. The statutes 16 & 17 Viet. c. 107 ; 23 Vict. e. 22; 23 & 24 Viet. c. 110, contain the regulations relative to customs to which it is necessary to conform in this country. Upon payment of freight and the pro duction of bills of lading, the cargo must be without delay delivered to the parties entitled to receive it. If the freight due on any goods is not ready to be paid, the master may detain the goods or any part of them.
When the master is compelled, by an act of parliament, to land the goods at any particular wharf, he does not thereby part with the possession of the goods, and consequently does not lose whatever right he may have to detain them. If goods are sold by the custom-house officers before the freight is paid, the master is entitled to receive the first proceeds of the sale in discharge of the freight. In foreign countries, where any accidents have occurred to frustrate or interfere with the objects of the voyage, or any one of the parties to the con tract feels himself aggrieved by the conduct of any oth6, it is customary to draw up a narrative of the circumstances before a public notary. This narrative is called a protest, and in foreign courts is admissible in evidence generally ; but in our courts it is not admissible, except as evidence against those who made it.
1\ on circumstances operate as an excuse to the master and owners for non-fulfilment of their contract. "The act of God" is understood to mean those accidents over which man has no control, such as " lightning, earthquake, and tempest." The " perils of the sea," interpreted strictly, apply only to the dangers caused merely by the elements, but these words have received a wider application, and in litigated cases the jury, after hearing evidence as to the usage which prevails among merchants, will determine what interpretation has been intended to be given to them. In the exercise of this dis cretion, juries have determined that the taking of ships by pirates is a consequence of the perils of the sea ; and the verdict has been the same where the loss was caused by collision of two ships without any fault being attributable to those who navigated either of them ; and also where the accident was caused wholly by the fault of those on ,beard another ship. But all cases in which the loss happens by natural causes are not to be considered as arising from the perils of the sea. If the ship is placed in a dangerous situation by the careless ness or unskilfulness of the master, and is in consequence lost, this is not a loss from the perils of the sea, although the violence of elements may have been the immediate cause of it. If a ship is reason ably sufficient for the purposes of the voyage, the master will not be liable for a loss arising from the perils of the sea, because a ship might have been built strong enough to resist them. The "restraint of princes and rulers" is understood to mean a really existing restraint, not one which is anticipated, however reasonably or honestly.