NOTE. WE had intended adding to this Appendix a number of the most important mercantile Forms; but have concluded to omit them in this volume for several reasons. One is, that we have thought it desirable to place in this Appendix a complete collection of all the statutes, and the principal rules made under statutory provisions, in the United States, in relation to commercial and maritime matters, as no such collection exists elsewhere, to our knowledge. And this has extended the Appendix so far as to leave no room for more in this volume. Another reason is, that we have found that in all our commercial cities, most if not all of these forms are sold by stationers, and are thus made easily accessible to the profession (by mail, if necessary) almost everywhere. We have therefore concluded to omit these Forms here. It will be necessary to give in the Appendix to the second volume some forms of process in Admiralty, which cannot readily be found elsewhere; and some other forms may there be added, and some advantage may thus be derived from placing all our Forms, whether of Contract or of Practice, together. INDEX. NOTE. Under the following heads will be found a complete analytical index of the whole volume: HISTORY AND ORIGIN OF THE LAWS OF SHIPPING pp. 3-24 Ch. 1. Ch. 2. REGISTRY AND NAVIGATION LAWS 25-46 under the statutes limiting the liability of the owners for acts of master and seamen, 395-404. ACTIONS, trover for conversion of ship by one part-owner, 84, 85, n. 1. whether ship's husband can bring, 99. by and against part-owners, 101-110. See Part-Owners, VII. ACTIONS- Continued. non-joinder and mis-joinder, how taken advantage of, 103-106. against vessels by name, 106, 109. See Part-Owners, VII. trespass against steamboats by name, 108, n. assumpsit for freight between part-owners, 104, n. 1. assumpsit for wages upon shipping articles signed by one party, 447, and n. 2. ACT OF CONGRESS. See Statute. "ACT OF GOD," exception of perils by, in bills of lading, 180, 182, 183. ADJUSTMENT, in general average. See General Average. ADMIRALTY, sale of ship under decree of, 65-69. See Sale of Ship, IV. care of seamen in. See Seamen. ADMISSIONS, of one part-owner do not bind others, 103. AFFREIGHTMENT, contracts of, under Missouri statute allowing suit against AGENCY, rules of, as applied to sale of ship, 69–71. See Sale of Ship, V. as governing the liability of part-owners, 94. the liens of part-owners, 83, 96, and n., 97, n., 101, 102. the liability of owners, charterers, mortgagors, and mortgagees. of ship's husband, 97. when agent must use name of principal in order to bind him; distinction be- proper signature of agent, 231, n. whether bottomry bond may be given to an agent, 425-428, and notes. of master, 59-65, 69; 231, 417, 434, and n.; 378-440. See Sale of Ship, AGREEMENT. See Contract. ALIENS, rights of, under registry laws, 25-46, 65-69. See Registry and Navigation ALLOWANCE, 452-454. See Seamen, III. ALTERATION, of charter-party, effect of, 229, 230. in shipping articles, 450, 451. APPAREL, of ship, what included in the term, 71. APPURTENANCES, of ship, 71-74. See Sale of Ship, V. ARREST, of ship or master, bottomry bond given to avoid, 423, and n., 424, and n. Owners, VII. ASSETS, marshalling of, to satisfy several bottomry bonds, 430, 431, and n. ASSUMPSIT. See Actions. AVERAGE, 284-335. See General Average. accustomed, 311, 312. See Part- B. BALLAST, whether term furniture includes, 71, n. 3. when to be supplied by ship-owner, 243. BANKRUPTCY. See Insolvency. BARGE, necessary to steamboat, hire of, lien as material, 477. BILLS IN EQUITY, filed on account of profits, who must be parties to, 83. BILLS OF EXCHANGE AND PROMISSORY NOTES, origin of, 6. if note of one part-owner is dishonored other part-owners liable, except, 92, 93. when payment, 93, n. 1, 256. BILLS OF LADING, 132-148. See Carriage of Goods, II.; V. usually given notwithstanding charter-party, 240, 241. effect of, when so given, 241. if master sign, stipulating to carry goods at less rate of freight than that con- effect of, upon the right of stoppage in transitu, 358-366. See Stoppage in indorsement and delivery of, as collateral to respondentia bond, 437. BILLS OF SALE, 56-59, 74-78. See Sale of Ship, II.; V. 3. what recital must contain, 31. none necessary independent of statute, 51-55, 56, n. when may be executed, 56, n. grand, 56, 57, 77. misrecital of certificate in, 57, n. parol evidence to vary, 69, 70, n. 1. BLOCKADE, suspends or annuls contracts for carriage of goods, 276, 277. all citizens to take notice of, 277. intended blockade, rights of parties, 278. actual, what constitutes, rights and duties of parties, 278, and n. sailing to blockaded port, with the intention of entering, 279, 280, 435. how far act of master in attempting to enter blockaded port is act of owners, 435. BOATS, as appurtenant to ship, 72, n. BOND, registration, 32. bottomry. See Bottomry and Respondentia. BOTTOMRY AND RESPONDENTIA, 118-120, 406-440. I. HYPOTHECATION BY BOTTOMRY, 118-120. how analogous to mortgage, 118. what it is, 118. distinguished from pledge, 118. possession necessary to pledge, 118. not to hypothecation, 118. jurisdiction of admiralty in, 119. validity of, made at home port, 119. enforcement of, by common law process, 119. effect of U. S. Statute of 1850, and of State statutes, requiring registration, upon unrecorded bottomry bond, 120. II. THE CONTRACTS OF BOTTOMRY AND OF Respondentia, 406–440. A. The purpose of a Bottomry Bond, 406-410. master's power to make, 406. ship hypothecated for payment of borrowed money by, 406. BOTTOMRY AND RESPONDENTIA—Continued. bond, its essentials, 406. binds the ship if it arrive in safety, 406. of no force if ship lost, 407. what words sufficient to create, 407, n. as one month after the ship arrives at her port," 407, n. and "after my arrival," 407, n. to make ship liable "whether she do or do not arrive at London," 407, n. whether may provide for common interest, 407, 408, and n. and for payment by owner, whether ship safe or lost, 407. if none given, lender has lien on ship in addition to common law remedy, 408. owner liable for money borrowed, if necessity is caused by fault of master, bond with simple interest, binding ship, to be paid at all events, 409, n. but when voyage is broken up by third party, 409. by owner, 409. by master, 409. by deviation, 409. but not from necessity, 409. by a sale, 409. by intended wreck, 409, and n. not necessary to say in, that ship is not to be put to any other uses or purposes, lien of lender on, free from laches, good against a bonâ fide purchaser, with- maritime interest, if requisite, may be presumed to be included in principal should describe risk assumed by lender, 410. what sufficient to indicate this, 410. risk such as to justify maritime interest, 410. debt on, survives with maritime interest if ship is lost by peril or cause not if lost through misconduct of owner or master, 410. B. Of Bottomry and Respondentia Bonds made by the owner, 410, 411. in home ports, 410, and n. if owner also master, 410, n. no necessity requisite, 440, 411. owner may make, hypothecating ship before sailing on her first voy- when they are legal loans for usurious interest, 411. if colorable and for purposes of getting usurious interest, 411. question for jury, 411. marine interest, no limit or measure to, 411, 432. abroad, generally payable next voyage, 411. to be described with reasonable accuracy, 411. if under control of government not invalid if voyage not described, 411. |