...his countrymen Po* thter («). It is true indeed that this principle of the maritime law, by which the ship itself in specie is considered as a security to the merchant, who lades goods on board of it, cannot be carried into effect in this country, because the Court of Admiralty, in which .alone...

...amount of the value of the ship and freight, are by the marine law bound to the performance (*). " The " ship is bound to the merchandise, and the merchandise "to the ship," are the words of Cleirac (ft). By the French Ordinance (/) it is declared, that the ship, with (H)...

...503. Abbott afterwards adds, ' It is true, indeed, that this principle of the maritime law, by which the ship itself in specie is considered as a security to the merchant who lades goods on board of it, cannot be carried into effect in this country, because the court of admiralty, in which alone proceeding...

...by reason of the non-performance of the contract entered into by the master in the bill of lading. The ship is bound to the merchandise and the merchandise to the ship, according to the language of Cleirac. The English courts of common law will not allow such a lien to...

...charter-parties. It is borrowed from the general The Schooner Volunteer and Cargo. Maritime Law, by which the ship is bound to the merchandise, and the merchandise to the ship.1 Cleirac lays it down in express terms ; and it is specially declared in the Ordinance of Louis...

...important of all the old codes of *ea laws (see chaps. (i3, 10U, '.'27, 254, 25'J) ; and the maxim that the ship is bound to the merchandise, and the merchandise to the ship, for the performance of the obligations created by the contract of affreightment, is a scttli-d rule...

...his countryman Pothier." \\ " It is true, indeed, that this principle of the maritime law, by which the ship itself, in specie, is considered as a security to the merchant who lades goods on board of it, cannot be carried into effect in this country, because the Court of Admiralty, in which * An instance...

...entered into by the master, in his quality of master, and that it may be enforced by process in rem. The ship itself in specie is considered as a security...the employment of the owner directly, or be let by a charter party to a hirer, who was to have the whole control of her," and so it was held by the learned...

...appear upon the bill of lading, he may be called as a witness to prove such authority.3 It must be 1 " The ship is bound to the merchandise, and the merchandise to the ship." Cleiarc, Us. et Coustumcs de la Mer, p. 72. 2 Woolrych's Com. Law, 59. » 3 Putnam v. Tillotson, 13...

...entered into by the master in his quality of master, and that it may be enforced by process in rem. The ship itself, in specie, is considered as a security...it makes no difference whether the vessel be in the * See vol. ii. 606, and supra, p. 207, where the exemptions from responsibility under the English statutes...