RESPONDENTIA. In Maritime Law. A loan of money, on maritime interest, on goods laden on board of a ship, upon the con dition that if the goods be wholly lost in the course of the voyage, by any of the perils enumerated in the contract, the lender shall lose his money ; if not, that the borrower shall pay him the sum borrowed, with the interest agreed upon. See Maitland v. At lantic, Newb. 514, Fed. Cas. No. 8,9S0. .
The contract is called respondentia be cause the money is lent mainly, or most fre quently, on the personal responsibility of the borrower. It differs principally from bottomry, which see, in the following circum stances; bottomry is a loan on the ship, re spondentia is a loan upon the goods. Conard v. Ins. Co., 1 Pet. (U. S.) 386, 7 L. Ed. 1b9. The money is to be repaid to the lender, with maritime interest, upon the arrival of the ship in the one case, and of the goods in the other. In most other respects the contracts are nearly the same, and are gov erned by the same principles. In the former, the ship and tackle, being hypothecated, are liable, as well as the borrower ; in the lat ter, the lender has, in general, it is said, only the personal security of the borrower; Marsh. Ins. 734.
If any part of the goods arrive safely at the end of the voyage, the lender is entitled to have the proceeds applied to the payment of his debt. If the loan is made to the mas ter, and not to the owners of the goods, the necessity for the loan and for the hypotheca tion of the cargo must be clearly shown, or the owners of the goods, and, consequently, the goods themselves, will not be bound. The ship and freight are always first to be resort ed to to raise money for the necessity of the ship or the prosecuion of the voyage ; and it seems that a bond upon the cargo is consid ered by implication of law a I and upon the ship and freight also, and that unless the ship be liable in law the cargo cannot he held liable; The Constancia, 4 Notes of Cas.
285, 512, 677; 10 Jur. 845 ;, 2 W. Rob. 83; 14 Jur. 96. See MASTER OF A SHIP.
If the contract clearly contemplates that the goods on which the loan is made are to be sold or exchanged, free from any lien, in the course of the voyage, the lender will have no lien on them, but must rely wholly upon the personal responsibility of the bor rower. It has frequently been said by ele mentary writers, and without qualification, that the lender has no lien; 2 Bla. Com. 458; 3 Kent 354; but the form of bond generally in use in this country expressly hypothecates the goods, and thus, even when there is no express hypothecation, if the goods are still on board at the end of the voyage, it is not doubtful that a court of ad miralty will direct the arrest of the goods and enforce against them the maritime lien or privilege conferred by the respondentia contract. There is, perhaps, no common-law lien, but this maritime lien only ; but the latter will he enforced by the proper admir alty process. See the authorities cited in note to Abb. Shipp., 13th ed. 152, 154, 175; Atlantic Ins. Co. v. Conard, 4 Wash. C. C. 662, Fed. Cas. No. 627; form of respondentia bonds in Conkl. Adm. 263 ; 1 Pars. Mar. Law 437; Abb. Shipp. 455. See ADMIRALTY; MAR ITIME CAUSE; LIEN.