And it is further ordered that the several aforesaid sums be paid out of the Registry, for the use and benefit of the respective Libellants and Petitioners, to their respective Proctors of record.

Attest

John Mussey, Clerk.

INDEX.

ACCOUNTS.

2. If a vessel is let on a contract of

1. The Admiralty has no jurisdic- affreightment, by charter party, the
tion over matters of account, merely owners will not be held responsible for
as accounts, although they may arise a loss occasioned by the violence of
exclusively out of maritime transac- the elements, although the dangers of
tions. It can take cognizance of ac. the seas are not expressly excepted by
Ibid.
counts only as incidental to other the charter party.
matters over which it has jurisdiction. 3. But if they are chargeable with
Davis v. Child, 71 any neglect or fault without which the
loss would not have happened, they
will be liable.

Ibid.

2. By the statute of limitations in
Maine, in an action on a mutual and
open account current, the right of ac- 4. Every engagement to perform a
tion for the whole balance is deemed future act is subject to an implied con-
to have accrued at the time of the last dition, that the performance of it is
item proved in the account. But if a not rendered impossible by an acci
party sleeps on a demand without en- dent of major force, or a fortuitous
tering it on his account, until the pe- event.
The Eliza, 316
riod of limitations is elapsed, he cannot 5. An unusual difficulty in obtain-
extract it from the statute by after- ing a master and crew to navigate a
wards entering it upon his account.
vessel, is not one of those events that
Ex parte, Storer, 294 will ordinarily excuse an owner from
See APPROPRIATION OF PAYMENTS. performing a contract of affreightment
for the conveyance of goods.
See JURISDICTION, 7.

ACTION.

AGENCY.

Ibid.

Where a creditor has a debt due to
him on a single contract or obligation,
he cannot divide it by assigning part 1. Money paid by an agent under a
to one and part to another, so as to mistake as to the legal obligation of
enable each assignee to maintain a his principal, may, it seems be re-
separate action, without the assent of covered back by the principal in an
the debtor.
action for money had and received.

The Hull of a New Ship, 199

ADMIRALTY.

See JURISDICTION.

AFFREIGHTMENT.

United States v. Bartlett, 9

2. The power of an agent may be
revoked at any time by the principal
without notice; but if the agent in the
prosecution of the business of his
principal has fairly and in good faith,
1. In every contract of affreight before notice of the revocation of his
ment, whether by charter party or bill powers, entered into any engage.
of lading, the ship is, by the marine ments, or come under any liabilities,
law, hypothecated to the shipper for the principal will be bound to indem
any damage his goods may sustain nify him.
from the insufficiency of the vessel, or
the fault of the master or crew.

United States v. Jarvis, 274

3. So an agent, after accepting an
The Brig Casco, 184 agency, cannot renounce it at pleasure,

without notice or good cause, but on ARREST AND IMPRISONMENT
the condition of rendering himself re-
sponsible for any loss which may

See SEAMAN'S WAGES, 20.

thereby be sustained by his principal. ASSIGNEE IN BANKRUPTCY.

Ibid.

Under the bankrupt law, assignees

4. A contract, by which a right of
pre-emtion is given to a party for a are chargeable with interest on all
certain time at a fixed price, on a money which they have collected if
bona fide expectation that he may be. not paid into the registry within sixty
come a purchaser, will not constitute days after it is received.

him an agent of the vendor, although
he sells his interest in the contract at
an advanced price before the expira-
tion of the term.

In re Thorp, 290
See JURISDICTION, 17, 18, 19
EVIDENCE.

ASSIGNMENT OF DEBT.

1. When a creditor transfers his

Mason v. Crosby, 303
5. But if the right of pre-emption
is given, not with an expectation that
the party will become a purchaser, debt, the assignment carries with it
all the accessroy obligations, as pawns,
but solely for the purpose of enabling
him to make sale of the thing, and to hypothecations, or sureties, by which
get his compensation in the advanced the debt is secured.
price, this will render him the agent

Hull of a New Ship, 199

of the owner, and the consequences of 2. But where a creditor has a debt
agency will follow so as to render the due to him on a single contract or ob-
owner responsible for his acts.
Ibid. ligation, he cannot divide it by assign-

See NAVY AGENT.
JURISDICTION, 17, 19.

APPROPRIATION OF PAYMENTS.
1. When a debtor, owing another
several sums and on various accounts,
makes a payment, he may appropriate
the payment to which debt he pleases.
If he does not make the appropriation,
the creditor may.

United States v. Bradbury, 146

ing part to one and part to another, so
as to enable each assignee to main-
tain a separate action without the
assent of the debtor.

BANKRUPTCY.

Ibid.

See HUSBAND AND WIFE.
PARTNERSHIP, 8, 9, 10.
JURISDICTION, 19, 20, 21.
EVIDENCE, 2.

2. If neither party makes an ap- BILL OF LADING.
propriation at the time of payment,
the law intervenes and makes the ap-
propriation.

Ibid.

3. In open and running accounts,
the law appropriates a partial pay.
ment to extinguish the oldest item in
the account.
Ibid.

See AFFREIGHtment, 1, 2.

BILL OF EXCHANGE.
See SALVAGE, 7.

4. When an appropriation is made BOND,
by a receipt, prima facie it is the
creditor who makes it, because the
language is his.

Ibid.

PARTNERSHIP 3, 4, 5, 6. •

FOR DEED OF LAND.
See AGENCY, 4, 5.

BOUNTY.

See FISHING BOUNTY.

5. By the Roman law, when no
appropriation of a payment is made
by either party, the law applies it to
the extinguishment of that debt which BUILDER OF VESSEL.
will be most beneficial to the debtor. See HYPOTHECATION, 2, 3.

Ibid.

8. A vessel ought not to be moored
and lie in the channel, or entrance to
a port, except in cases of necessity.
If anchored there from necessity
she ought not to remain there longer
than the necessity continues. If she
does, and a collision takes place with a
vessel entering the harbor, she will be
considered in fault.
Ibid

9. A vessel lying in the channel of
a port, from necessity, is bound in
the night time to show a light. Ibid.

10. In cases of collision, a fault of
one vessel will not excuse any want
of care, diligence, and skill in another,
so as to exempt her from sharing the
loss and damage.
Ibid.

COMMON CARRIER.

1. The owners of a steamboat,

1. Whether a vessel, when engaged
in an illegal employment, can main-
tain an action for an injury received employed in carrying passengers and
from another vessel by collision-
merchandise between port and port,
Quære?

The Leopard, 193 are responsible to shippers of goods,
as common carriers. The Huntress, 82
2. Common carriers must, at their

Ibid.

3. It is the duty of the owner of

2. When there is danger of collis-
ion between two vessels, the one that
is sailing before the wind, or with a peril, deliver goods which they carry
fair wind, must give way for one that to the right persons, and if they make
is close hauled on the wind. Ibid. a wrong delivery, they will be respon-
3. A vessel moved by steam is con- by occasioned.
sible for any loss which may be there-
sidered as always sailing with a fair
wind, and must, in all cases, give way
for a vessel moved by the wind. Ibid. goods to have them properly marked,
4. When a collision takes place be- his servants, to have them entered in
and to present them to the carrier or
tween a vessel under sail and one at their books; and if he neglects to do
anchor, the prima facie presumption, if it, and there is a misdelivery and loss
there be any fault, is that it is on in consequence, without any fault of
the vessel under sail. The Scioto, 359 the carrier, he must bear the loss.
5. A vessel entering a harbor is
bound to keep the most vigilant watch 4. But the carrier is not discharged
to avoid collision with other vessels in from all responsibility as to the deliv-
motion or lying at anchor; and if in ery by such neglect, but if there is a
the night time, she ought to have her wrong delivery or a loss through any

whole crew on deck on the look out.

Ibid.

Ibid.

want of reasonable caution on the
part of the carrier or his servants, be
will be responsible.
Ibid.

6. When a collision takes place by
the fault of one of the vessels, she is
responsible for all the damage. Ibid. CONDITION (IMPLIED).

7. But if it happens without fault

in either party, or if there was fault

See AFFREIGHTMENTS, 4. 5.

and it cannot be ascertained which CONDITION PRECEDENT.

vessel was in fault, or if both were in
fault, then the damage and loss are

See REMITTITUR, 3, 4.

See MASTER, 4, 5.

divided between them in equal shares. CONSIGNMENT.

Ibid.