pairs and provisions, but what is supplied must be strictly necessary, otherwise the master only will be personally responsible.

In the usual employment of her, the merchant is considered the avowed agent of the owners. The duties and responsibility may be considered with respect to the commencement, the continuation and the termination of the voyage.

Commencement of the voyage. If the master receive part of his cargo at the wharf, or send his boat for them, his responsibility commences with the receipt of the goods; and, as soon as they are put on board, he must provide a sufficient number of hands to protect them; for even if the crew be overpowered by a superior force, and the goods stolen while the ship is in a port or river, within the body of a country, the masters and owners will be answerable for the loss, although they have been guilty of neither fraud or neglect.

It is in all cases the duty of the master to provide ropes, &c. for receiving the goods in the ship; for if a cask be accidentally staved in letting it down into the hold of the ship, or any part of the goods be injured, the master must be responsible for the loss.

The ship must also be furnished with proper dunnage, and no more goods must be taken on board than the ship can conveniently carry, leaving room for her own furniture, and the provisions of the crew, and for the proper working of the vessel, neither may the master take on board any contraband goods, whereby the ship and other parts of the cargo be liable to forfeiture or detention. The master must also take on board no false or colorable papers that may subject the ship to capture or detention; and he must procure and take on board all the papers and documents required for the manifestation and protection of the ship and cargo, by the laws of the country from which the ship is bound, and by the law of nations in general, and treaties between particular states. Where by the terms of a charter-party, a number of days is appointed for the lading of the cargo, either generally, and without payment on that particular account by the merchant, or by way of demurrage, the master must not sail before the expiration of the time.

All things being prepared for the commencement of the voyage, the master must forthwith obtain the necessary clearances or permission to sail from the officers of the customs, or others appointed for the discharge of vessels and pay the necessary port and other charges for that purpose, and commence his voyage without delay, as soon as the weather is favorable.

In case of warranty to sail with convoy, it is requisite not only that the vessel shall commence the voyage under the protection of the convoy, but also that she shall continue during its course under the same protection, unless prevented from so doing by tempest or other unavoidable accidents, in which case the master and owners will be excused, provided the master does all in his power to keep the benefit of the convoy ; neither is it sufficient for the master to sail in company with the ships of war appointed as the convoy, but he must before the departure obtain the sailing instructions and orders delivered out by the commander of the convoy to the masters of the trading vessels that are to sail under his protection, otherwise the policy will be void.

Continuation of the Voyage. Having commenced his voyage, the master must proceed to his place of destination without delay, and without stopping at any intermediate port, or deviating from the straight and shortest course, unless such stopping and deviation be necessary for repairing the ship from the effects of accident or tempest or to avoid enemies or pirates-or to relieve a vessel in distress, or unless the ship sails to the places resorted to in any long voyage, for a supply of water or provisions, by common and established usage.

If by reason of any damage done to the ship, or through the want of necessary materials, she cannot be repaired, without great loss of time, the master is at liberty to procure another ship to transport the cargo to the place of destination, in order thereby to gain the whole freight; and if the master has no agent at the place, it is the master's duty to do this, if possible, because he is bound to use every endeavor to preserve the cargo, and convey it to the destined port; so if the ship has been wrecked, and the cargo saved, or if the ship be in imminent danger of sinking, and another ship apparently of sufficient ability be passing by, the master may remove the cargo in such ship; and although his own ship happen to outlive the storm, and the other perish with the cargo, he will not be answerable for the loss, moreover the master must, during the voyage, take all possible care of the cargo, and will be responsible for goods stolen or embezzled on board the ship by the crew or other persons, or lost or injured in consequence of the ship sailing, by wilful neglect in fair weather, against a rock or shallow known to expert mariners.

If a master is compelled in the course of his voyage to take refuge in a foreign port, and has occasion for money for the repairs of his ship or other necessary expenses to enable him to prosecute and complete the voyage, and cannot otherwise obtain it, either by selling his

owner's or his own property on board, he may sell part of the cargo for this purpose; but upon the arrival of the ship at the place of destina tion, the merchant will be entitled to receive a clear value for which the goods might have been sold at the place, if the ship afterwards perish without reaching the destined port.

But he has no authority to sell any part of the cargo, where the ship is disabled from prosecuting her voyage. United States Ass.. Comp. v. Scott, 1 John Rep. 106. Rucher v. Conyngham, 2 Peters Adm. Rep. 295. Hunter v. Prinsep, 10 East, Rep. 378.

Neither can a master sell his ship, without special authority from his owners, unless in extreme necessity. 2 Magens 107, 5 N. P. Cas. 65. Reed v. Darby, East Rep. 143.

Duty of the Master at the termination of the Voyage. When the ship has arrived at the place of her destination, the master must take care that she be safely moored or anchored, and without delay deliver the cargo to the merchant or his consignor, upon production. of the bills of lading, and payment of the freight, and other charges of primage and petty average due in respect of it. And if by the terms of the charter party, a particular number of days is stipulated for the delivery either generally, or by way of demurrage, he must stay the appointed time for that purpose. The charges are in ordinary cases primaged, as expressed in the bill of lading. The cargo is bound to the ship as well the ship to the cargo, and therefore unless there be a stipulation to the contrary, the master is not bound absolutely to part with the possession of any part of the cargo until payment of the freight and other damages.

But if he once parts with the possession out of the hands of himself or his agents, he loses his lien or hold upon the goods, and cannot afterwards reclaim them.

The manner of delivering the goods, and consequently the period of which the responsibility of the master and owners will cease, depend upon the custom of particular places, and the usage of particular trades.

In the case of ships coming from a foreign port, the delivery at the public stores in New York, after due notice discharges the master, and he has a lien on the goods for the freight."

The delivery of goods to a consignee is not completed until his assignment is not only passed over the ship's sides, but is carefully set aside and apart by itself upon the wharf, so that there be no difficulty in designating it at once. Fox v. Blossom, before Judge Irving, New-* York, Oct. Term. 1828.

If goods are on the arrival of a ship put on board of a lighter, and the owner has the custody of them before they are landed, the master is discharged. Strong v. Natally, 1 New. Rep. 16.

If a master gives notice to a shipper not to pay the freight to the owner, and the freight is paid, he may nevertheless recover from the shipper. White v. Baring, 4 Esp. N. P. c. 22. But he has not a lien on the ship, for payment of debts incurred on the ship. Hussey v. Christie and others, 9 East, R. 426.

Upon a general retainer for no particular voyage, an owner may dismiss a master from his ship, yet if he be retained for a particular voyage and signed bills of lading, he can bring an action against the owners for damages. Montgomery v. Henry, &c. 2 Peters Adm. Rep. 397. See Bottomry and Respondentia, Freight, Lien, Mariners, Ship and Ship Owners.

MASTERS AND SERVANTS. Where a servant is hired for any limited time, and he departs before the time is expired, he forfeits all his wages. Co. Litt. 42.

And where a servant is hired for one year certain, and so, from year to year, as long as both parties shall agree, and the servant enter upon a second year, he must serve out that year, and is not merely a servant at will after the first year. Acts of the servant are in many instances deemed the acts of the master; for as it is by indulgence of the law, that he can delegate the power of acting for him to another, it is just that he should answer for such substitute, and that his acts being pursuant to the authority given him, should be deemed the acts of his master. 4 Bac. Abr. 583.

If the servant of an inkeeper robs his master's guest, the master is bound to make good the loss.

The inkeeper is equally bound to make restitution, if the guest is robbed in his house by any person whatever, unless by the guest's own servant, or by his companion whom he brought with him.

If a waiter at an inn sell a man bad wine, by which his health is impaired, an action can be maintained against the master.

Com. 430.

1 Blac

If a servant be usually sent upon trust with any tradesman, and he takes goods in the name of his master upon his own account, the master must pay for them: and so likewise if he be sent sometimes on trust, and other times with money. But if a man usually deals with his tradesmen himself, or constantly pay him ready money, he is not

chargeable with what his servant may take up in his name, for in this case there is not, as in the other, any implied order to trust him. Ib.

Or if the master never had any personal dealings with the tradesman, but the contracts have always been between the servant and the tradesman, and the master has regularly given his servant money for payment of every thing he had on his account, the master shall not be charged. Esp. N. P. 115.

Or if a person forbid his tradesman to trust his servant on his account, and he continues to purchase on credit, he is not liable.

The act of a servant, though he has quitted his master's service, has been held to be binding upon the master by reason of the former credit given him on his master's account, it not being known to the party trusting, that he was discharged. . 4 Bac. Abr. 586.

The master is also answerable for any injury arising by the fault or neglect of his servant when executing his master's business. Raymond, 375, 739, 6 T. R. 659.

Lord

But if there is no neglect or fault in the servant, the master is not liable. Esp. Rep. 533.

If a smith's servant lame a horse whilst shoeing him, or the servant of a surgeon make a wound worse, in both these cases an action for damages will lie against the master, and not against the servant. 1 Blac. Com. 431.

But the damages must be done whilst the servant is actually employed in his master's service, otherwise he is liable to answer for his own misbehavior or neglect.

A master is likewise chargeable, if his servant cast any dirt, &c. out of the house into the common street, and so for any other nuisance occasioned by his servants, to the damage or annoyance of any individual, or the common nuisance of the people. Lord Raymond, 264.

A servant is not answerable to his master for any loss that may happen without his wilful neglect, but if he be guilty of fraud or gross negligence, an action will lie agaist him by his master.

It has been decided, that a master is not liable in trespass for the wilful act of his servant, as by driving his master's carriage against another, done without the direction or assent of his master, no person being in the carriage when the act was done. But he is liable to answer for any damage arising to another from the negligence or unskilfulness of his servant acting in his employ. McManus v. Crickitt, 1 East, 105.

If a person is retained as an artificer or laborer in building, or any