benefit would result to the owner of the cargo, the object of the venture being that at least a considerable portion of the cargo should arrive at its destination. If any part of the cargo is sold by the captain to raise money for the ship's necessities, then on the arrival of the vessel at her destination, the shipowner will have to pay the merchant the price which the goods sold would have brought at their destination, and then the owner receives freight on the whole cargo; but if the merchant prefers it, he has the right to claim the price the goods were actually sold for, and in that case the shipowner is only paid freight on the quantity of cargo actually brought to the port of delivery. In either case the merchant has the right to deduct from the freight the amount due to him for the portion of the cargo which has been sold. If the ship never arrives at her destination, then the merchant has no choice but to accept the amount the goods actually

sold for.

In the absence of the owner, or in the absence of means of communicating with the owner, the captain has the power to pledge the owner's personal credit for all things that are necessary to conduct the navigation to a successful termination. He may, therefore, borrow money to pay for services which will have to be obtained and paid for in cash, but he has no right to pledge the owner's credit by borrowing money to pay for services which have already been rendered, unless a very strong case of necessity exists. If the captain borrows money to pay for anything which is not necessary, then the owner will not be liable to pay the amount. (See title Bottomry).

If any damage occurs during the voyage, or if it become necessary to put into a harbour for repairs in consequence of any accident, the captain should note a protest if possible within forty-eight hours after he is first able to leave the vessel, but he must not neglect his duty to the ship in times when his services are required at the ship. The protest need not be at once extended, as that can be done at any time subsequently. He should also get the damage to both ship and cargo surveyed by competent persons, and should send full particulars of the damage to his owners, that they may inform the underwriters and the merchants if necessary.

If the ship's bottom is injured by being struck by a sea which

strains her, and causes her to make water, the underwriters will be liable but if she is injured by being struck by a succession of seas, that will be considered mere wear and tear, and will fall on the shipowner, and not on the underwriters.

If there is likely to be any delay, and the surveyors are of opinion that the cargo will spoil by keeping, and they accordingly advise a sale of it, then the captain should advertise a sale by public auction; and when he proceeds on the voyage after his repairs are completed, he should obtain other goods if possible in the place of those he has sold, so as to earn freight.

If any repairs are necessary during the voyage, the captain need not go to any extraordinary expense (especially if the ship is at a place where repairs are very expensive) in having the repairs done in an absolutely perfect manner, for that can generally be done better and more cheaply at the end of the voyage. But he must make the ship seaworthy, or the shipowner will be liable to the owners of the cargo for any damage they may sustain in consequence of the ship's unseaworthiness. If the ship becomes unseaworthy after the commencement of the voyage, it is the duty of the shipowner as towards the charterer to repair her if he has the opportunity, or at least not to proceed with the voyage in an unseaworthy state. The captain should have the vessel surveyed by two or more practical men, and obtain a written report from them stating in detail the repairs which have to be done, and (if such is the fact) that after such repairs she is in a fit state to complete the voyage.

The captain should not allow his own judgment to be superseded by any person whose interest it is to advise expensive repairs, and he should not do anything which is not absolutely necessary. It is the duty of the captain to act on his own judgment in ordering repairs, assisted by the advice of such independent practical men of experience and respectability as he may himself consider best able to advise him. Lloyd's surveyors have not any official authority, and he is not bound to follow their directions. If they should recommend repairs which he and the surveyors whom he consults consider unnecessary, it is his duty to act on his own judgment, and do what he considers best for all concerned.

The shipwright who does the repairs will have a lien on the ship for the amount of the bill, unless, before he is employed, an agreement is made with him as to how he is to be paid.

The shipowner's liability for repairs rests entirely upon contract, and it must be shown that the captain had express or implied authority to order the repairs.

In ordering the repairs, the captain should not order anything which is not really necessary, merely because he expects the cargo will have to bear its proportion in a general average contribution, for it may turn out that the cargo is not liable to contribute.

If the repairs are only temporary, a statement should be made in the surveys and protests to the effect that the damage is to be finally surveyed and repaired when the vessel arrives home.

If the cargo has to be landed for the purpose of doing repairs to the ship, it is the duty of the captain to land it in his own name, on behalf of the shipowner, and keep it till the repairs are finished, and not to return it to the merchant or his agent. The merchant cannot require the cargo to be delivered back after shipment, and if the captain delivers it back, after the ship has met with an accident, he may be unable to borrow money on bottomry to pay for the repairs (as he could then only offer a security on the ship, instead of on the ship, freight, and cargo); or if money cannot be borrowed on bottomry, he has power to sell part of the cargo to pay for the repairs—an additional reason for not returning it to the merchant. Besides, if the cargo is returned, he may not be able to obtain another cargo in its stead. In one case, a vessel bringing a cargo from Calcutta, sprang a leak shortly after sailing, and had to return to Calcutta for repairs. The cargo was discharged, and delivered back to the shippers, and, after the repairs were completed, the captain was unable to raise money on bottomry of the ship to pay for the repairs, and he was compelled to sell the ship itself.

If repairs are done, the captain is bound to have them executed without any unnecessary delay.

If the cargo will not spoil by keeping, the captain should not tranship, if his own vessel can be repaired within a reasonable time; and he should not sell it, unless compelled to do so by the absolute

necessity of raising money which he cannot obtain in any other way, but even then pledging the goods will generally answer the same purpose, instead of selling them. If, however, the cargo is a perish able one, and would be completely spoiled by keeping, the captain should either tranship it, and send it on to its destination, or sell it where it is for the benefit of the merchant. If it would merely deteriorate, and not spoil completely, the captain should not sell it, but deposit the goods in safe custody in his own name until the merchant orders what is to be done with them. No freight will be payable on any part of the cargo which may be sold by the master.

If in consequence of some accident during the voyage it should become impossible to repair the ship, so as to take the cargo to its destination, and the completion of the voyage has thus become absolutely hopeless, or if the cost of the necessary repairs would exceed the value of the ship after she is repaired, the master should hold a survey, and then, if the surveyors recommend that course, he has power to sell the wreck for what it will bring for the benefit of all concerned. But in selling, the captain must act perfectly bona fide, and before selling he must try by every means in his power to complete the voyage, either-first, by borrowing the money on his owner's credit; second, by bottomry; or third, by selling a part of the cargo. If the master, in a case of extreme necessity, sells the ship, the person who purchases her is bound to see that the master is justified in selling, as he may afterwards have to prove that he was justified in doing it.

CONSTRUCTIVE TOTAL Loss.

If the ship is so much damaged that she is not worth repairing, it is a "constructive total loss." If the owner wishes to claim for a constructive total loss, he must give notice of abandonment to the underwriters as soon as he has received certain intelligence of the casualty which renders it improbable that the ship will ultimately be recovered. If the information received by the owner is doubtful, he may wait a reasonable time to enable him, if possible, to obtain more certain information.

If the shipowner abandons to the underwriters, still it is the duty of the master to continue his exertions to save as much as possible, and do the best for all concerned, the same as if no abandonment is made. Anything which he does after the ship is abandoned to the underwriters is considered to be done as agent for them for their benefit.

In writing home to his owners, after any accident, the captain should give full particulars of the damage done, and the chances of getting it repaired, so that they may be able to decide whether they will give notice of abandonment or not. The letters sent home by the captain will have to be produced to the underwriters, to inform them of the position of the ship, and to enable them to decide what course they should take.

See also title "Marine Insurance," post.

BOTTOMRY AND RESPONDENTIA.

A bottomry bond is a kind of mortgage, the ship's bottom being pledged as security, the repayment of the sum borrowed being dependent upon the ship arriving safely at her destination. Bottomry is a loan upon the ship, and respondentia is a loan upon the cargo, although bottomry is sometimes a loan upon the ship, freight, and cargo (see Appendix of Forms). The lender is not entitled to the benefit of salvage, nor does he contribute in case of general average.

In proper cases of necessity, when money is required to enable the ship to complete her voyage, the master has power to borrow money under a bottomry bond, on security of the ship, freight, and cargo. If the money is borrowed as a bottomry loan, the money is only repayable to the lender in case the ship ultimately arrives at her destination. To make himself safe, therefore, the lender should insure. But if the ship deviates from her course during the voyage, then the shipowner is liable to pay the money secured by the bond, even if the ship is lost.

To make the transaction a bottomry loan, it is not necessary that the bond should expressly state that the money is only to be payable if the voyage terminates successfully; it is sufficient if that appears