Jio XdIO aHX glOUinjE 'UOJgUBlîîJ iaBaqi-ji ¿jigaaqiuga uaajjatnQjao^ FRANCIS o. CLARKE, at his ~ * NAUTICAL ACADEMY, -Fore-street, Portland, in the N. E. wing of the Mariners' Church, continues to instruct oentlemen in the following branches : ]VAVIGATIO]V, Including Plane, Traverse, Middle Latitude, Parallel, and Meroator Sailing, with the use of the Chart, and Method of keeping a Journal at Sea. RIGHT AND OBLIQUE ANGLED TRIGONOMETRY j Construction and use of Mathematical Instruments, Surveying of Coasts and Harbors, Land Surveying, Mensuration, Gauging, Book Keeping and Ship Master's Accounts. NAUTICAL ASTRONOMY. Latitude by the Meridian Altitude of the Sun, Moon, Stars and Planets. Latitude— Joy double Altitude by five different methods. Latitude by one Altitude, Latitude by an Altitude of the Polar Star, and Latitude from the Altitudes, and Distance found in taking a Lunar Observation. ' TO FINO THE TIME AT SEA, AND REGULATE A WATCH, by the Sun's Altitude and Stars' Altitude. LUNAR OBSERVATIONS, By the observed distances between the Sun and Moon, Stars and Moon, and Planets and ' Moon. By one observer, proportioning the observed Altitudes to the Mean Distance. LONGITUDE, By Chronometer and Eclipses, and Method to ascertain the rate of Chronometer, by means of the acceleration of the Fixed Stars. To calculate the Altitudes of the Sun, Moon and Stars. To calculate the distance between the Sun, Moon and Stars. Variation of the Compass, by Azimuth and Amplitude. ASTRONOMY. Use of the Globes. Projection of Solar and Lunar Eclipses, which include the Methods to calculate the true apparent time of opposition and conjunction of the Sun and Moon. True place of the Sun. True distance of the Sun from the Moon's ascend¬ ing node. Moon's horizontal Parallax. Sun's distance from the nearest Solstice. Sun's Declination. Angle of the Moon's path with the Ecliptic. Moon's Latitude. Horary Motion of the Moon from the Sun. Sun's Serai-Diameter. Moon's Semi-Diameter. Semi-Diameter of the Fenutnbra. Semi-Diameter of the Earth's shadow at the Moon, Ac. Ac. PROJECTIONS. Orthographic and Stereographic, Projections of the Sphere. Construction of the Chart, on Mercator's principle. 05^ Ojjicers of the Navy, may acquire, at this Institution, a perfect knowledge of all the Mathematical branches required by government, in a very short time. F. G. C. confidently trusts, that 20 years experience, has rendered him fully compe¬ tent to instruct in all the branches of Nautical Astronomy. Actual practice, particularly in Lunar Observations, the same as at sea. THE SEAMAN'S MANÜAE; CONTAINING A VARIETY OF ^ f . MATTERS USEE EE TO THE NAVIGATOR: AMONG WHICH ARE DIRECTIONS FOR KEEPIKO ACCOUNTS. RULES FOR ASCERTAINING THE TONNAGE ; FOR PROPORTION¬ ING THE SPARS, MAKING THE SAILS OF VESSELS AND CUTTING A GANG OF RIGGING.—METHOD OF OBTAINING THE LATITUDE, ILLUSTRATED BT DI- AGRAHÍ RULES FOR ADJUSTING THE SEXTANT, ILLUSTRATED BY DIAGRAM.—RULE FOR ASCER¬ TAINING THE LATITUDE BY THE NORTH STAU FOR ANT YDAR, ILLUSTRATAD BY DIAGRAMS.— RIGHT AND OBLIQUE ANGLED TRIGONOMETRY.— TABLES OF CORDAGE, TOGETHER WITH AN AN¬ ALYSIS OF THE LAW OF SHIPS AND SHIPPING; AND OF THE LAW OF MARINE INSURANCE, âçC. &0. &C. BY FRANCIS G. CL.ARKE, Teacher of tlie Nautical Academy', Portland, Maine. PORTLAND t SHIRLEY. HYDE & CO. PUBLISHERS. 1830. DISTRICT OF MAINE, TO WIT: DISTRICT CLERK'S OFFICE. »E IT REMEMBERED, That on the twenty-eighth day of November, A. D. 1830, and in the fifty- fourth year of the Independence of the United States of America, Shirley, Hyde &, Co. of said District, have deposited in this office the title of a book, the right whereof they claim as proprietors, in the words following, to wit : The Seaman's Manual ; containing a variety of matters useful to the, Navigator : among which are Directions for keeping Accounts ; Rules for ascertaining the Tonnage ; for proportioning the spars ; making the sails of vessels, and cutting a Gang of Rigging.— Method of obtaining the Latitude, illus¬ trated by Diagrams.—Rules for adjusting the Sextant, illustrated by Diagram.—Rule for ascertaining the latitude by the North Star tor any year, illustrated by Diagrams.—Right and Oblique Angled Trig¬ onometry.—Tables of Cordage, together with* an Analysis of the Law of ships and shipping; and oí the Law of Marine Insurance, Ac. &c. &c. By Francis G. Clarke, Teacher of the Nautical Academy, Portland, Maine. Portland : Shirley, Hyde & Co. publishers. 1830. In. eonfoTDiity to the act of the Congress of the United States, entitled " An Act for the encour¬ agement of learning, by securing the copies of maps, charts and books, to the authors and proprietors of such copies, during the times therein mentioned and also to an act, entitled ** An Act supplemen¬ tary toan Act, entitled an Act for the encouragement of learning, by securing the copies of maps, charts and books, to the authors and proprietors of such copies, during the times therein mentioned-; and for extending the benefits thereof to the arts of designing, engraving and etching historical and other prints." J. MUSSEY, Clerk of the District Court of Maine. A true copy as of record, Attest: J. MUSSEY, Clerk D. C. Maine. PUEFAClî The following work was undertaken at the suggestion of some friends, with the per¬ suasion that much useful matter might be introduced in an abridged form, particularly for the younger class of our seamen, which would afford them a daily reference both at Sea and in Fort. As many of them have been denied the advantages of an early education, simplicity and pérspicuity were' deemed important ; and these have been kept steadily in view throughout this work. The method of keeping a Ship's Accounts, is so arranged, that the author flatters himself it cannot be misunderstood : and such rémarks and directions are given under each respective head, as it is hoped will greatly assist the learner in çicquiring a knowledge of the system. As the object is simply to shew the proper form of arranging a ship's accounts, it was not deemed importantthat the amount of sales or purchases of each article should be rep¬ resented in the columns precisely correct. It_ was thought sufficient to transfer the foot of each account for the voyage, correctly, into the account ctirrent. This having been done, any errors arising elsewhere, must be quite unimportant. Directions as far as they were considered necessary, both for making the sails and cutting the rigging for merchant vessels are given in this work according to the custom of our Riggers and Sail Makers. For a full understanding of some subjects, it seemed necessary to introduce Trigo¬ nometry, although at a late period, even after a very considerable portion of the work had been printed. It would undoubtedly have been better, had this preceded the art of Sail-Making as- frequent reference is made to- the several cases in this science. The author has made such extracts from Kelly's Cambist as he thought would be most useful to Seamen. This is undoubtedly the best work of the kind extant. It was compiled by the direction of the British Government, and is considered the best au¬ thority for the Usances, Monies, and Laws of exchange, in the principal commercial Cities of the world. ' The principle on which the Latitude is obtained from the observed meridian Alti¬ tude, Right Ascension, Right Ascension of the Meridian, Latitude from the observed Altitude of the North Star, &c. &c. are given to enable the young beginner in Nautical Astronomy to reason clearly on these subjects, without any embarrassment, or being obliged to confine himself particularly to Rules. It was thought advisable, therefore to introduce these principles, illustrating the whole by ajipropriate diagrams. The tables for reducing the French, Holland, Portuguese, and British currencies to that of the U. Slates, were constructed on the par value of these currencies as fol¬ lows: The par value of the French Franc, is 18 J cents, the Dutch Gilder, 40 cents, the Portuguese or Brazilian Millree, 1 dol. 25 cents, ami 4 shillings 6 pence sterling, one Dollai;. , These tables were calculated to the nearest fraction ; that for reducing Dollars to pounds sterling to the nearest hundredth of a farthing. It was not absolutely necessa¬ ry to enter this last coluinn , but as it will enable any one to test the correctness of this table, it was thought best to enter it as it is. The Marine Laws were compiled by James D. Hopkins, Esq. an eminent Lawyer of Portland. From his extensive knowledge of these particular subjects, the author flatters himself they will afford every assistance to the mariner which can be required. The author's original design was to obtain instructions and directions to the Ship Master in cases which naturally arise in the course of his employment, but thé gentle¬ man above mentioned has persuaded him to believe that "mere rules and general instruc¬ tions would be insufficient, effectually to answer the objects^proposed by them; asunder various and varying circumstances, cases for the master's consideration will often arise, and which cannot be anticipated, in which mere instructions, without stating also the principles and reasons upon which they are founded, will be useless, and sometimes even worse than useless ; for they might mislead rather than instruct." A note from that gentleman mentions that " the Law relative to Ships and Shipping, has been abridged as much as possible, without rendering it obscure by too much brevity. The same may be said of the Doctrine of Marine Insurances ; and Technicalities have been avoided as much as possible. Although much more, upon the latter subject, would be necessary to a treatise upon the Law of Insurance, yet it is believed, that more cannot be necessary for the information of a Ship Master." A general index to all the Law introduced into this work is inserted next after the Summary of the Law of Marine Insurance. The above named gentleman observes, that " in this index the more obvious divi¬ sions of the different branches of the subject are alphabetically noticed, and the minute particulars of each are- also noticed, in alphabetical order. It was somewhat difficult to make an index for this purpose, as the pages are large, and a variety of matter is often discussed in a single page ; but generally it will be found that the commencement of each paragraph, or the words in italics which it contains, will render a reference from the index to the law, if due attention be paid, easy and useful. The reader should take into consideration, wherever he looks into the index for direc¬ tion to any part of the work, which he wishes to find, that what he seeks may be found under diftefent heads. For instance, incase of the taking of a ship insured against capture, and detention of Princes, the insured mapin certain cases, abandon the proper¬ ty insured to the underioriters. Here the reader may not know, sometimes, whether he should look under capture, under abandonment, or under arrest of Princes, or under soweparh'ca/arÄeac? which brings him within the predicament of either. In such case he should look, if necessary, under each head, until he finds the object of his search. The index to the Law is arranged for publication, in adjoining columns, upon the same pages; the left hand columns direct to the Law of Ships and Shipping, while the opposite, or right hand columns contain references to the Law of Insurance. This mode is considered most convenient, for it may, sometimes, be useful to consult both ; not only because, in the latter work, there are references to the former ; but also, because there are analogies, and there are diversities, between the law of ships and shipping, and the doctrines of insurance, which will, not unfrequently, be important for the ship mas¬ ter to notice. It is one thing for him to know what is lawful or expedient, when his ship is uninsured ; but his duty, when the ship is insured, may be a very different thing. , It then becomes important to know how his acts may affect the insurance,—the nature, amount, and consequences of which, he should carefully investigate, whenever his orders may not be sufficiently definite, and leave to him a discretionary power, according to circumstances ; or whenever circumstances may render a compliance with his orders im¬ possible. There may be cases, where the master ought carefully to ascertain all the risks which the insurer has taken upon the property confided to his care, and what risks re¬ main upon his owner uncovered by insurance. It is not pretended that the Law herein collated, or which could possibly, in any work, however extensive, be provided, will suit every possible case, which may arise ; the object intended, and indeed the only object practicable is, to give such a view of the whole subject, as will enable a well regulated mind, upon safe grounds, to ascertain the spirit of the Law ; and develope the rule of any case, not herein contained, by the set¬ tled principles, which are laid down." A part of this work contains some words, which are not in very coranaon use. I have vii selected all such as seeraed to me to require it, and added, with the assistance of the be¬ fore mentioned gentleman, as to the law terms and phrases, such an explanation as I hope will be considered sufficient. Perhaps it is necessary for me to mention, that at first sight there might appear an absurdity to a Seaman, in (fig". 41,) in having the fore and aft stays cross the yards on the larboard side, thereby appearing to prevent the yards from being squared or braced round. I would have him Sear in mind that this figure merely represents the method of delineating, or projecting a vessel, in order to ascertain the length of her standing and running rigging : hence if every stay, shroud, &c. be represented in its proper place, it is quite immaterial on which side these stays, &c. are drawn in his projection. CONTENTS PAGE. Ship Masters' Accounts, . . . 9 to 40 To iind the Solid Contents of Packages, . 41 On the reduction of Fractions, . . 42 To find the solid contents of Casks, . . 45 To find the tonnage of a vessel from the Uni- ' ted States Measurement, . . . ib. Do. Do. by Logarithms, . . . .48 What vessels of different classes will carry in proportion to their Measurement, . 50 Proportion and dimension of spars for Mer¬ chant Ships, ib. Rule for placing Masts in a Ship, . - 51 Proportion of the tops for Ships, . . ib. Proportions of Anchors, . . . • 52 Size of Cables, ib. Description and use of the Diagonal Scale, . 52 Art of Sail-Makng, . . . . 53 Application of Trigonometry to the art of Sail-Making, . . , . , 107 Rule for projecting a vessel from the Di¬ agonal Scale, 82 To cut a gang of Rigging, . . . ib. Riggers Rule for do., ... . ib Application of Trigonometry to the art of Rigging &c. ...... S4 Usual size of Rigging for a Ship &c. Cordage Tables, . . , . . .89 On the adjustment of the Sextant, . . 91 Right Angled Trigonometry, ... 97 Oblique Angled do. . . . . Ill Right ascension of the Sun, Moon and Stars, ll6 Right ascension of the Meridian, . . 117 On the Reduced, or Greenwich time, . 119 The principle on which the Latitude is ob¬ tained from an observed Meridian Altitude, Rule to find the Latitude from an observed altitude of the North Star in any year. The principle on which the above calcula¬ tion rests, ..*.... To ascertain the rate of a Chronometer by the acceleration of the fixed stars. Perpetual Weather Table, On the purification of water. On the distillation of Sea water, Exchange. Bills of Exchange, Laws of Exchange, Accepting Bills, . . -. PAGE. Indorsing, Paying &. Protesting Bills, 136 Recovering Bills, .... 137 Par and course of exchange, . . 138 tisances and Customs of Exchange. Amsterdam, Augsburg, Bremen, Berlin, Breslau, ..... 140 Constantinople, Copenhagen, Dantzic, France, ..... 141 Francfort, Geneva, Genoa, . . 143 Hamburgh, Leghorn, London, Lisbon, 144 Leipsic, Milan, Naples, . . . 145 Rome, Spain, . . ... 146 Sicily, Sweden, Russia, Turin, . 147 United States of America, . . 148 Venice Vienna, . . . . 150 Exchange calculations and Monies of Exchange London, . . United Stales, Amsterdam, Augsburg, Berlin and Breslau, Bologna, Bremen, Constantinople, Copenhagen, France, Francfort, Geneva, Genoa, Hamburgh,. Leghorn, Lisbon, Leipsic, . . . . . . Milan, '. . . . . . ' . Naples, ....... 121 Palermo, . . . . Petersburgh, ...... 124 Rome, Spain, ib. Stockholm, Turin, 129¡Venice, , 129,Vienna, . . . ' . 130|West Indies, ...... 131,East Indies, . , |A Table for reducing the French, Dutch, 134 Portuguese and British currencies to that I35I of the United States at Par, ¿6.) Synopsis of the Marine Law, 151 159 163 167 169 171 173 176 179 184 186 189 192 196 199 203 ib 206 208 210 211 213 217 219 221 223 224 232 2.33 239 ERRATA. Page 62, line 3rd from top, for right hand, read left hand.- , Pave 95. line 11 from bottom, for plate, read vlane. ^ Page 9, line 8 from top, for " attained," read ascertóined. " 52, "27 " for right hand, read ?í/í hand. " 52, " 28 " fofleil hand, read right hand. " 93, " 14 • " for nonius, read 0 or cypher. " 93, " 28 " for nonius, read 0 " „ j " 125, " 20 from bottom, " Therefore by subtracting 18 hours, read. Therefore by subtracting this difference. Refer to example 5, page 127, for a pai-- ficular illustration of this rule. Page 127, line 3 from bottom, for Fig. 39, read 38. THE SHIP MASTERS t;OMPLETE METHOD OF KEEPING ACCOUNTS. CHAPTEIl I. Of Disbursements and other AccountSé "The method of Book-Keeping is the art of placing our accounts in such a plaiii rtianner, that the whole, or any part, of the money received, and advanced, may, with the greatest clearness, be attained in a very little time. \ Whatever is paid upon the Ship's account, the Ship must be Dr. toit. Whatever is received upon the Ship's account, the Ship must have Cr. for the samej It Js recommended to every Captain to keep a small memorandum book to set dovvil the money as he lays it out, both for himself and the Ship ; likewise the money which he receives ; lest at any time it slip his memory and be forgotten : then these accounts can be easily entered into â larger book at leisure. By this method, he can easily tell whether any thing has been omitted, or not; by adding up the money paid and taking it from the money received ; if what remains, is equal to the cash He has on hand, nothing has been forgotten. If they do not agree, then it is plain something has been omitted. Losses have frequently fallen upon owners of Ships, for the want of proper care being taken by their Captains in signing Bills of Lading. When there is the least reason to suspect the quantity is not rightj or that there is any damage in thé goods, always write^ (If hemp, fax, bars of iron, ^c.) Quantity and conditions unknown, and three bundles of hemp in dispute, if on board, to be delivered. Charles Williamsj (If linen, yarn, bales, hard ware, fyc.) Insides and contents unknown to ' Charles Williams; tar, wine, brandy, turpentine, ^c.) Contents and conditions unknown ; not to be accountable for leakage, and it is agreed that the freight shall be paid on the quantity shipped; Charles Williams. The following accounts and examples will be sufficient, for ariy voyage whatever, to render a Captain's accounts and transactions concise'and pleasant to himself ; they are not limited to one voyage alone, but there are several voyages, and to many ports the satne voyage; These are so plain, as will give hind a perfect ide- how to settle such voyages, how long sOeVer they may happen to be; There are some trifling differences in the forms of thp Bill of Disbursements, Invoice, and Account of Sales ; but either can be taken at pleasure. We shall commence with the Invoice outward. 10 INVOICE OF CARGO OUTWARD. Invoice of Meichandize shipped on board the ship Strangerj E. King, Master, now iii the harbor of Portland, and bound to Pernambuco,'Brazils ; on account and risk of Sirus Bates, a native citizen of the United States, and resident of Portland, and con¬ signed to said Master, for sales and returns, viz : 1049 Bbls. of superfine Flour, at $6,374 per bbl. 6687 374 500 Drums of Cod Fish, at 4,00 per drum. 2000 00 376 Boxes of Soap, containing 11,280 lbs. at ,061 per lb. 761 40 100 " Sperm Candles, cont'g. 4000 lbs. at ,294 per lb. 1180 00 100 Quarter chests Imperial Tea,cont. 1300 lbs. at ,75 per lb. 975 00 100 Bbls. No. 3 Mackerel, at 3,50 per bbl. 350 00 50 " Rosin, at 2,00 per bbl. 100 00 40 Casks Whale Oil, cont'g. 6800 galls, at ,314 per gall. 2142 00 10 Bbls. No. 2 Beef, at 7,50 per bbl. 75 00 20 " " 3 do. at 4,10 per bbl. 82 00 40 " " 1 do. at 8,50 per bbl. 340 00 15 " Mess, at 10,50 per bbl. 157 50 50 " American Gin, cont. 1500 galls, at ,364 per gall. 547 50 10 Casks Olive Oil, cont'g. láOO galls, at ,624 per gall, 937 50 25 Cases Nankins, cont'g. 600 pieces, at ,70 per piece. 420 00 16754 874 CHARGES. Porterage, $16,47 Cooperage, 18,54 Wharfage, 23,17 58 18 16813 054 Portland, May 30, 1829, Errors and omissions excepted. SIRUS BATES. 11 ACCOUNT or SALES OF CARGO. Sales and nett proceeds of Cargo per ship Stranger, at Pernambuco, E, King, Master. 500 249 300 1049 100 210 190 500 125 125 75 76 401 100 100 100 10 10 10 20 50 40 10 20 40 15 Bbls. of Flour, at " " " at " " " at R10,700 11,000 12,000 per bbl. li Drums of Cod Fish, at " " " " at c< a ( 2025 2400 1790 1985 85 240 70 141 322 1123 901 884 1024 1860 000 000 100 500 500 000 500 440 000 987 828 302 875 000 110,000 Horns, a R 40 per M. CHARGES. Duty on Hides, 70 rs. each, " " Sugar, " " Horns, Porterage and beating Hides, Embarking fees. Commissions 2è per cent. Pernambuco, Aug. 10,1829. Errors and omissions excepted. E. KING. 238 164 150 57 49 498 700 646 000 436 118 108 20422' REMARKS. The Invoice shews the first cost of the cargo, and all charges thereon. You can place the charges at the foot or to each article separately. (See next example.) The amount at the foot of the Invoice, must be entered on the Dr. side of the account current with your owners. 14 DISBURSEMENTS & PORT CHARGES Paid on the ship Stranger, at Pernambuco, by E. King, Master. Cash paid health visit, " '' Pilotage inward and outward, " Guards on board, " " 3 arrobes of Golfee, at 2 mill per arrobe,, " " Boat hire, " " Manifesting ship's stores, " " Guardamore's visit, , " " Conducting guard, " " Consul's fees, "■ " Cooper's bill of water casks, " " Anchorage and Tonnage duty, " " Outward clearance. Cash advanced Wm. West, E. Orne, " " E. Payne, " " H. Ingersoll, " " R. Proctor, Cash paid for fresh provisions and vegetables, " " ship chandler's bill, " " Fort fees. Pernambuco, Aug. 10, 1829; Errors and omissions excepted'. E. KING. REMARKS. The Port charges, money advanced crew, and all expenses paid^ on the ship, must be charged in this bill. You should never charge sundrys, for it denotes a loose manner in keeping your accounts, and sometimes creates suspicion, however honest a man may be. The amount of this bill must be entered on the Dr. side of the account current with your owners. These remarks are applicable to all Bills of Disbursements. SETTLEMENT OP VOYAGE FIRST. Dr» Mr. Sirus Bates, owner of the ship Stranger, in Account Current with E. King. Cr. To amount of Invoice, R. " disbursements and port charges,* as pr. bill, " cash in three- patack ps. 1 20422 413 3734 440 671 706 By nett sales of cargo, as pr'. account'rendered. 24570 317 24570 817 24570 817 Pemambuco, Aug. 10, 182ÍI. Errors and omissions-excepted. E. KING. REMARKS.. The Dr. side of this account should shew all charges on the ship, (or owners,) which should be included in the Bill of Disbursements, and charged as above. The Invoice and Gash (if any has been remitted'^ or is on board) must be entered on the Dr. side also. Credit the account by the nett sales of the cargo, and if nothing has been omitted, it will balance. On your arrival, you must present your owners with the account ofSalei, Invoice, Bill of.Disbursements, .and Account Current. These remarks are applicable to the Account Current generally. 16 The following set of accounts, are intended to show how your accounts are to be arranged, wheni going to many ports the same voyage. Let us suppose a ship sails from Boston to Havana, with an assorted cargo on board ; from thence to Havre de Grace, from thence to Pernanibuco, (Brazils,) where she finally closes her voyage, and returns to Boston. , - COMMENCEMENT OF VOYAGE SECOND. Invoice of Merchandize shipped on board the ship Henry, now in the harbor of Boston, and bound to Havana, Charles Williams, Master, on account alid risk of Wm. Shaw, a native citizen of the United States, and resident of Boston, and consigned to said Master for sales and returns, viz. 1600 Bbls. of superfine Flour, at $6,50 per bbj. Porterage, 6 cts. per bbl. Lining, 3 " " " $10400,00 96,00 48,00 10554 00 20 Pipes Cognac Brandy, cont'g 3200 galls, at 92 cts. per ; Porterage, 12J cts. per pipe, Coopeiage, rail. 2944,00 2,50 2,36 2948 86 50 Boxes of Olive Oil, one doz. each, at 3,50 per box. Porterage 3 cts. per box, Renailing and binding. 175,00 1,50 75 177 25 100 50 Bbls. No. I Beef, at 9,25 per bbl. " " 2 " at 7,50 " " Porterage 3 cts. per bbl. Cooperage, 925,00 375,00 4,50 2,374 1306 87 300 Boxes of Soap, weigh, nett 9000 lbs. at 6| c. per lb. Porterage, 1 c. per box. 562,50 3,00 565 50 40 50 Boxes Sperm Candles, 30 lbs. each, 1200 lbs. at 284 c. " " 35, " 1750 " " " . Porterage, 2 c. each. per lb. 342,00 " 498,25 1,80 842 05 100 Boxes Tallow Candles, weigh nett 3000 lbs. at 124 c. per lb. 375,00 Porterage, 2 c. per box, 2,00 377 00 20 20 Boxes of Shoes, cont'g 1000 pair, at 85 c. per pair, " at 75 cts. per box Porterage, 6 cts " " 850,00 15,00 1,20 866 20 50 Bbls. No. 1 Pork, at $11,50 per bbl. Cooperage, &c. Porterage, 4 c. per barrel. Wharfage, $16,47 . 575,00 10,00 2,00 587 16 oo 47 - 18231 20 Boston, Nov. 3,1829. Errors and omissions excepted. WM. SHAW. REMARKS. In this account, the expenses are charged to the first cost of each article, which shows the cost of the article on board ; which, I am of opinion, is to be preferred to the other form. ' 17 SALES OF THE FIRST CARGO. Sales and nett proceeds of cargo per ship Henry, Charles Williams, Master, at Havana. 400 500 300 2oS 1600 ao 40 40 20 100 20 20 10 50 100 50 100 50 300 40 100 20 40 10 50 Bbls. Flour, at " " at " " at " " at " " at $17,4 per bbl. 18,0 " " 16,3 " " 17,2 16,5 ÍÍ it It It Pipes Cognac Brandy, containing 800 galls, at 1,4 per gall. " " •' « 640 " at 1,3 " " " " " •' 960 " at 1,2 " " " " " " 800 " at 1,3 " " Bbls. No. 1 Beef, at (Í i( (i u a n at at 10,0 per bbl. 11,3 " " 12,0 " " Bbls. No. 2 Beef, at <1 .1 <1 i< at « " " " at 9,3 per bbl. 8.7 " " 9'a " " Boxes of Soap, containing 30 quintals, at 8,0 per quintal, " " " " 15 " at 9,0 " " « " " " 30 " at 9,2 " " " " " " 15 " at 9,1 " " Boxes Sperm Candles, containing 12 quint, at 30,0 per quint. " Tallow " " 30 " at 15,0 " " " Shoes, containing 250 pairs, at 1,7 per pair, " " " 250 " at 2,0 " " " " " 250 " at 1,6 " " '• " " 250 " at 1,3 " " Bbls. No. 1 Pork, at " " " " at 15,0 per bbl. 17,0 " " CHARGHS. Duties on 1600 Bbls. of Flour, at $7,4 per bbl. " " 20 Pipes of Brandy, '• " 150 Bbls. of Beef, " " 90 Quintals of Soap, *' " 12 " of Sperm Candles, " " 30 " of Tallow, " " 50 Bbls. Pork, Porterage, Storage, Cooperage, Nett Sales, Havana, Dec. 13,1829. Errors and omissions excepted. CHARLES WILLIAMS. 3 7000 9000 4912 3450 3325 1200 880 1200 1100 400 455 240 187 177 92 240 135 277 136 468 6 500 0 437 343 600 170 12000 810 240 270 89 90 120 54 13 37 27687 4380 1095 457 789 360 0 450O 1750 770 37739 3 13725 24013 18 DISBURSEMENTS & PORT CHARGES Paid on the ship Henry, Charles Williams, Master, at Havana. . Cash paid soldier of the Moro, $2 00 (< " Governor's interpreter. 2 50, (< " Declaration and oath. 4 38 (( " Health visit, - ' 1 38 4t " Guard Major's visit. 5 50 U " Guards on board 25 days. 50 00 " Telegraph fees. 4 00 . f. " Notary inward and outward. 57 30 << " Custom House interpreter. 10 00 .< " Tonnage duty. 775 00 (« " Anchorage, 40 00 tt " Com. of Marines, 12 50 (1 " Stamps and dispatch. 2 50 fi '' Pilotage outwards. 12 36 Cash paid for fresh provisions. 10 374 Cash advanced Wm. Shaw, 3 50 " H. Gavot, 2 374 tt " G. Peir, 5 624 tt - " Wm. Ruee, 4 25 tt " M. Head, 7 10 Cash paid for 100 lbs. of Coffee, 9 50 tt " for 100 lbs. brown Sugar, 5 54 tt for 20 galls, rum for people. 10 00 1037 684 _ Havana, Dec. 13,1829. Errors and omissions excepted. CHARLES WILLIAMS. REMARKS. • It will be perceived, that the charges in this, and the preceding Bill of Disbursements, are entered indiscriminately ; the better plan however, will be, to rule for four columns, and enter the Government charges under the head of Port charges ; all expenses paid on the ship under the head of Disbursements ; and all money advanced your crew, under the head of Advances. These being entered under each head respectively, in the first columns, and the sum of the Port Charges, Disbursements, and Advances, respectively in the second columnns ; will exhibit, at one view, the Government charges, the expenses paid on the ship by the master, and the money advanced abroad. (See the following Bill of Disbursements at Havre de Grace.) This last charge also, should be entered on the shipping paper in the column under the head of advanced abroad. * _ It frequently happens, that charges belonging to the sales of the cargo abroad, as well as those belonging to the Invoice, are entered in this Bill ; this should not be'done ; for the account of sales in this case, does not show the nett sales ; neither does the Invoice exhibit the whole cost of the cargo on board. 19 INVOICE OF MERCHANDIZE Shipped on board the ship Henry, Charles Williams, Master, now in the harbor of Havana, and .bound to Havre de Grace, on account and risk of Wm. Shaw, a native citizen of the United States, and resident of Boston, and consigned to said Master, viz : - 50 50 75 80 100 257 100 100 300 612 boxes of white and brown Sugar. Boxes white, weigh, nett 800 arrobes, at $1/?% per ar " " " " 836 " at 1,60 " 1200 " at 2,0 " ^ " 1200 " at 2,20 " brown " " 1666,16 " at I,31i " Muscovado, " 4008,10 " at l,31i Export duty on 612 boxes, at 12,15 per box, Porterage, Labor, weighing and embarking, 500 bags of Coffee. Bags, 3d quality, weigh, nett, 11500 lbs. at pr. ql. " 2d " " " 11125 " at 7 pr. ql. " 1st " " " 33600 " at 8 pr. ql. Export duty on 562 ql. 25, at 73è per ql. 500 bags, at fVi per bag, Porterage, Labor and embarking. 1200 1337 2400 2640 2187 5260 1315 47 93 603 778 2688 413 125 13 12 00 60 00 00 46i 50 80 30 54 75 75 00 25 00 26 36 16482 20i 4634 21116 37 574 Havana, Dec. 13, 1829. Errors and omissions excepted. CHARLES WILLIAMS. M) O SETTLEMENT OF THE VOYAGE FROM BOSTON TO HAVANA. Dr. Mr. William Shaw, owner of the ship Henry, in Account Current with Charles Williams. Cr. To amount of Invoice, $ 21116 57 à By nett sales of cargo, as pr. account rendered. 24013 87d " disbursements and port charges, as pr. bill. 1037 68 è " cash in specie dollars, remitted per ship Clio, 1859 61 d - 24013 00 24013 87 è Havana, Dec. 13, 1829. Errors and omissions excepted. CHARLES WILLIAMS. 2Í SALES OF THE SECOND" CARGO AT HAVRE. Sales and nett proceeds of Cargo, per ship Henry, Charles Williams, Master, at Havre de Grace. 100 25 50 20 60 50 50 129 128 40 60 30 50 20 100 50 20 30 70 30 612 Boxes of Sugar. Boxes weigh, nett, 48,900 lbs. at 69 cent 10,000 (( at 70 20,000 ff at 72 7,500 ff at 75 22,500 ff at 74 20,833 ft at 55 20,833 ff at 57 50,505 at 54 49,705 at 56 raes per lb. f. << {( ft if ft ft fi ft ft << ft ft if ft if ff 500 Bags of Coffee. Bags weigh. 4600 lbs. tare, 3 per cent, at 43 cts. pr. lb 6900 3330 5550 2245 10800 6000 2240 3360 7840 3360 at 45 at 55 at 56 at 57 at 65 at 67 at 66 at 70 at 75 at 77 CHARGES. Duty on 108,900 lbs. white Sugar, at 12 cfs. per lb. " " 141,876 " brown " at 10 " " " " " 54,538 " Coffee, at 2l " " " Brokerage, J per ct. Storage, Porterage, Commissions, 2 per cent, on gross sales. Havre, March 10, 1829. Errors and omissions exceptéd. CHARLES WILLIAMS. 33741 7000 14400 5625 16650 11458 11874 27272 27834 1919 3011 1776 3015 1241 6809 3899 1434 2281 5702 2509 13068 14187 11462 631 264 300 3789 155856 33600 189457 43704 145754 46 83 29 22 07 22 DISBURSEMENTS & PORT CHARGES Paid on the ship Henry, Charles Williams, Master, at Havre de Grace. Port Charges. Cash paid Pilotage inward and outward, " " Quarantine charges, " " Health visit, " •' Guards, " " Entering and clearing, " *' Light fees, " " Custom-house interpreter. f.315 200 150 210 317 70 50 00 00 00 00 00 55 25 Whole amount of Port charges. 1312 80 Disbursements. Cash paid for 346 lbs. of Cordage, " " 1 bolt of Canvass, " " Ship chandler's bill, " " Filling water casks, " " Fresh provisions, " ' " 10 galls. Brandy, " " Qr. cask Bordeaux Wine, " " 2 doz. Fowls, " " Blacksmith's bill, " " Carpenter's bill, " " Painter's bill, " " Consul's fees. 183 ■ 90 614 50 ■ 116 50 80 24 -84 107 210 85 00 00 50 00 50 00 00 00 20 50 30 00 Advances. Cash advanced Wm. Childs, " " H. Shaw, " S. Peters, " " O. Neal, 75 60 53 67 00 00 50 30 1695 00 Whole amount advanced crew. 255 80 yr 3263 60 Havre, March 10, 1829. Errors and omissions excepted. CHARLES WILLIAMS. ' 23 INVOICE OF MERCHANDIZE Shipped on board the ship Henry, Charfes Williams, Master, now in the port of Havre, and bound to Pernambuco, Brazils, on account and risk of Wm. Shaw, a native citi¬ zen of the United States, and resident of Boston, and consigned to said Master, for sales and returns, viz : 100 100 100 210 654 210 410 Casks red Wine, 58 galls, each, at f. 40 per cask, " '« '■ 60 " " at 43 " " Pipes sup'r " 120 " " at 100 per pipe, Bbls. " " 18 " " at 23 per bbl. Boxes old red" 1 doz. " at 8 per box, " Muscat " 1 " " at 9 " " " Champagne 1 " " at 12 " " Duty on 200 casks red Wine, at 2,40 per cask, " on 100 pipes superior red, at 5,14 per pipe, " on 210 bbls. " " at 1,35 per bbl. " on 654 boxes old red, at 70 per box, " on 210 " Muscat, at 80 " " " on 410 " Champagne, at .1,15 " " Porterage, Labor, &-c. 4000 4300 10000 4830 5232 1890 4920 480 514 283 457 168 471 647 312 00 00 00 00 00 00 00 00 00 50 80 00 50 37 16 38506 33 300 Boxes Anchovies, 12 canisters each, at f. 12 per box. Export duty, 60 cts, per box^ Porterage, 3600 180 40 00 00 00 3820 00 100 Pipes 4th proof Cog. Brandy, 120 gals. ea. at f.l85 pr. pipe. Export duty, Porterage, 18500 730 50 00 00 00 19280 OO 30 Boxes Hats, 2 doz. each, is 720, at f. 13 per ps. Export duty. Porterage, 9360 432 20 00 00 00 9812 00 100 30 Boxes Olive Oil, 1 doz. each, at f. 12 per box. Casks " " 160 galls, each, at 1,10 per gal. Export duty on 100 boxes, " " " 30 casks. Porterage and labör. 1200 5280 120 960 70 00 00 00 00 00 7630 00 200 200 Boxes pickled Olives, 12 bottles each, at f. 8,50 per box, " " , Capers, " " " at 9,0 " " Export duty. Porterage, Labor, 1700 1800 240 60 30 00 00 00 00 00 3830 00 82878 33 Havre de Grace, March 10, 1829. . Errors and omissions excepted. T„ CHARLES WILLIAMS. thiVanc'lSiVenU^'®'^®'''"® centimes are supposed equal to one franc, and settlement oe the Voyage from Havana to havre he grace. Dr. William Shaw, owner of the ship Henry, in Account Current with Charles Williams, Cr. To amount of Invoice, " Disbursements and Port Charges, as pet bill, " Cash in specie dolls, remitted per Rubicon, From Havre, 10,953,72è Premium 223,54è $11,177,27 equal to 82877 33 By nett sales of cargo, as per account. 14.5754 07 3263 60 - 59612 14 / 1 145754 07 . 145754 07 Havre de Grace, March 10, 1829. Errors and omissions excepted. CHARLES WILLIAMS. 25 SALES OF THE THIRD CARGO. ales and nett proceeds of cargo per ship Henry, Charles Williams, Master, at Per- nambuco.' ^ To Jose Montaro Robello. 200 Casks red Wine, 58 to 60 galls, at R. 12 per gall. R2400 000 100 Pipes supe'r. red Wine, 160 " at 40 " " 4000 000 210 Bbls. old" " " 18 " at 8 " " 1680 000 ■ « , 654 Boxes old red, 1 doz. each. at 3 " box. 1962 000 210 " Muscat, " " " at 2,500 " " 525 000 410 " Champaign, " " ^ at 6,500" " -2665 000 13232 000 To Sr. Ben Costa. 300 Boxes of Anchovies, at 5,200" " 1560 000 20 Pipes of Brandy, at 60,2Q0 pr. pipe. 1204 000 15 Boxes of Hats, 360, at 3,400 per ps. 1224 000 100 " ' of Olive Oil, at ' 3,100 per box. 310 000 4298 000 To Louis Manuel Roderigo. - 25 Casks of Olive Oil, 160 is 4000 galls, at 800 rs. pr. gal. 3200 000 200 Boxes of Olives, at 2,500 per box, 500 000 - 200 " of Capers, at 3,000 " '« 600 000 4300 000 To Sr. Jaô Florencia. 30 Pipes of Brandy, at 54,200 per pipe. 1626 OOOj 4 5 Casks ofOliveOil, 160, is 800 galls, at 750 rs. pr. gal 600 000 2 Cases of Hats, containing 48, at 3,200 per. ps. 153 600 2379 600 To Sr. Mark I ino. ■- 50 Pipes of Brandy, at 50,300 pr. pipe. 2515 000 13 Boxes of Hats, 312, at 2,100 per ps. 655 200 3170 200 Amount carried over. 27379 800 SALES OF THE THIRD CARGO CONTINUED. Amount brought over. CHARGES. Duty on 200 casks of red Wine, " on 100 pipes superior " " on 210 bbls. " on 054 old red " " on 210 boxes Muscat, " " on 410 boxes Champaign, " on 300 boxes Anchovies, " ^n 720 Hats, " on 100 boxes Olive Oil, " on 200 " Capers, " on 100 pipes Brandy, " on 30 casks Olive Oil, Porterage, Storage, Commissions and guarantee, 5 per cent. Nett Sales, Pernambuco, June 3, 1829, Errors and omissions excepted. CHARLES WILLIAMS. R 27379 800 220 000 325 000 201 600 294 300 71 400 496 100 102 000 223 200 25 000 45 000 525 000 960 000 54 360 27 030 1369, 020 4939 010 - 22440 790 27 DISBURSEMENTS & PORT CHARGES Paid on the ship Henry, Charles Williams, Master, at Pernambuco. Port Charges. Cash paid Health visit, " '' Guards on board, " " Manifesting ship's stores, " " Guardamore's visit, " " . Conducting guard, " '• Anchorage and tonnage duty, " " Entering and clearing, " " Fort fees, " " Secretary's fees. Whole amount of Port charges. Disbursements. Cash paid for fresh provisions, " 250 lbs. of Cordage, " Blacksmith's bill, " Carpenter's bill, " Ship chandler's bill, " Fire wood, " Filling water casks' " Vegetables, " 4 arrobes of Coflfee, " 4 lbs. of Tea, " 4 small Pigs, Advances. Cash advanced Wm. Childs, H. Shaw, (< « S. Peters, O. Neal, W. Merrill, H. Newman, P. Morton, G. Green, Wm. Shea, Whole -amount advanced crew. Amount of Disbursements and Port charges, Pernambuco, June 3, 1829. V Errors and omissions excepted. CHARLES WILLIAMS. R17 46 2 10 2 164 86 5 4 200 310 750 400 350 376 410 600 240 25 24 5 10 102 4 5 2 5 4 5 12 7 12 8 7 339 300 640 180 510 310 500 300 500 700 200 300 636 8 750 9 375 10436 517 530 10415 160 760 810 195 440 67 622 753 829 28 INVOICE OF MERCHANDIZE Shipped on board the ship Henry, Charles Williams, Master, now in the harbor of Pernambuco, and bound to Boston, on account and risk of William Shaw, a native citizen of the United States, and resident of Boston, and to him consigned, viz ; 1000 Refuse. 900 weigh. 27640 lbs. at 90 rs. 500 " 17500 <( " 95 " 400 " 11200 " 80" 300 " 8700 <( " 85 " 700 " 23500 (( " 105 " 200 6400 (( " 100 " 100 " 3600 a " 110 " 250 " 5000 " 45 " 340 " 7820 (( " 50 " 180 " 4500 a " 60 " 110 " 2092 (< " 40 " 120 " 3120 << " 65 " Porterage and beating, Embarking fees, Duty, 70 rs. each. 65 boxes of Sugar. 20 w. nett 1364 arrobes, at 1,850 pr. arrobe, 20 " " 1294 " at 1,780 " " 35 " " 1954 " at 1,930 " " Export duty. Labor and embarking, Porterage, 27500 Rio Grande horns, at 40 mill per M. Export duty. Porterage, Commissions 2è per cent. Pernambuco, June 3,1829. Errors and omissions excepted. CHARLES WILLIAMS. The arrobe is 32 lbs. R2487 1662 896 739 2467 640 396 225 391 270 83 202 600 500 000 500 500 000 000 000 000 000 680 800 82 17 287 2.523 2303 3771 637 110 16 1100 16 7 500 560 000 400 320 220 318 397 080 000 400 200 9289 1172 337 10848 8597 '763 1123 21333 533 100 480 060 640 940 795 600 975 349 21867 324 FINAL SETTLEMENT OF THE VOYAGE. Dr. William Shaw, Esq. owner of the ship Henry, in Account Current with Charles Williams. ^ Cr. To amount of Invoice, , R 21867 324 By nett sales of cargo, as pr. account, R 22440 790 " disbursements and port charges, as pr. bill. 622 829 " my draft on you in favor of H. Foster, - f \ $61,70 equal to I 49 363 22490 153 22490 153 ^ . Perpambuco, June 3, 1829. Errors and omissions excepted. CHARLES WILLIAMS. REMARKS. Having closed the voyage at Pernambuco, we will now take it up from its commencement, and show what papers are necessary to present the owners on the arrival of the ship in Boston ; and first, the Invoice, Bill of Disbursements, Account of Sales, and Account Current, at Havana. 2d. Invoice, Bill of Disbursements, Account of Sales, and Account Current at Havre de Grace. 3d. Invoice, Bill of Disbursements, Account of Sales, and Account Current, at Pernambuco. These include the whole set of Accounts for the voyage. Annexed is a general Account Current of the voyage, designed to show how your Account Current should be arranged, pro¬ vided you do not close your Accounts at each port. - It exhibits at one view, the. whole transactions of the voyage. The most correct way, however, is to close your Accounts at each port, as per preceding examples, and forward a copy of them to the owners, which can be easily done; on a sheet of letter paper. (This should not be neglected.) You should also be particular, to forward a Certificate of landihg your debenture goods. " • , general account current. Dr. Mr. William Shaw, owner of the ship Henry, in Account Current with Charles Williams. Cr. To amount of Invoice at Havana, $ " Disbursements and port charges at do. " Specie remitted per ship Clio, from do. 21116 1037 1859 57 è 68à 61è By nett sales of cargo at Havana, $ \ 24013 87 è To am't of Invoice of cargo at Havre, f. 82878,33 " Disb'sm'nts and port charges at do. 3263,60 " Cash in specie remitted per Rubicon, ** Premium on do. 15539 611 10953 223 68 è 92 è 72i 54è By nt. sales of cargo at Havre, f.145754,07, eq. to 27328 88 • 1 To amount of Invoice of cargo at Pernambuco, R.21867,324, equal to " Disbursements and port charges at do. R.622,829, equal to 27334 778 15 531 By nett sales of cargo at Pernambuco, R22440,790 " my draft in favor of H. Foster, 28050 61 981 70 $ 79455 44 i Pernambuco, June 3, 1829. 1 Errors and omissions excepted. 79455 44 é CHARLES WILLIAMS. 1 « remarks. In visiting two or more ports the same voyage, if the currencies are different, and your accounts have not been closed at each port, it will be necessary to reduce all to one currency before the Account Current with your owners is made up. The franc in this example is supposed equal to 18| cents, and the mill rea to $1,25. 31 FOURTH VOYAGE INVOICE OUTWARD. Invoice of Merchandize shipped on board the brig William, Charles Owen, Master, now in the harbor of Portland, and bound to Havana, on account and risk of John Sheí- den, a native citizen of the United States, and resident of Portland, and consigned to said Master for sales and returns, viz. 190000 Feet of white pine Boards, at $11 per M. 2090 00 250 Shocks and Heading, at 90 cts. per shook. 225 00 40 Bbls. of Potatoes, at 1,25 per bbl. 50 00 20000 Hoops, at 20,00 per M. 400 00 100 Kegs of hog's Lard, weigh, nett 2000 lbs. at 9 cts. per lb. 180 00 1000 Bunches of Onions, at 4 cts. per bunch, 40 00 150 Bbls. of Mackerel, at 3,50 per bbl. 525 00 50 Boxes of Fish, 2,00 per box. 100 00 3610 00 CHARGES. Porterage, $12,37 Cooperage, 4^32 - 16 69 3626 69 Portland, April 16,1830. Errors and omissions excepted. JOHNSHELDEN. 32 ACCOUNT OF SALES OF CARGO AT HAVANA. Sales and nett proceeds of cargo per brig William, at Havana, Charles Owen, Master. 50000 20000 30000 40000 50000 190000 140 80 30 250 40 20000 100 1000 150 50 Feet of white pine Boards, at $254 per M. « of " " " at 26 " " of " " " at 27 " " " of " " '• at 264 " " " of " " " at 24 " " Shooks and Heading, at $11 per shook, " " " at 14 " " " " at 1| " " Bbls. Potatoes, at $24 per bbl. Hoops, at 27,00 per M. Kegs, containing 1740 lbs. Lard, at 1 rl. per lb. Bunches of Onions, at O,^!,,- per bunch, Bbls. No. 3 Mackerel, at 4,00 per bbl. Boxes of Cod Fish, at 3,4 per box. CHARGES. Duties on Custom-house valuations. Import duty on 190,000 feet of Lumber, valued at $14, at 24 per cent. 250 Shooks, valued at 6 rs. is $187, at 24 per cent. 40 bbls. of Potatoes, valued at $3, is 120, at 24 per cent. 20,000 hoops, valued at $20, is 400, at 24 per cent. 172 lbs. of Lard, valued at $12, is 208, at 24 per cent. 1000 bunches of Onions, valued at $5 per 100 bunches, is 50, at 24 per cent. 150 bbls. No. 3 Mackerel, valued at $3,4, is 525, at 24 per cent. 50 boxes of Cod Fish, valued at $1,4, is 75, at 24 pr. ct. Balanza. 1 per cent. Commissions 5 per.cent. on gross sales. Nett proceeds, Havana, May 30, 1830. Errors and omissions excepted. CHARLES OWEN. 1275 520 810 1060 1200 175 120 52 470 45 28 96 49 12 126 18 846 8 346 jlo 1 0 ÏÏ 00 80 00 92 00 00 00 12 46 25 4865 347 100 540 217 80 600 175 6925 1200 5724 REMARKS. In ascertaining the Duties on a cargo at Havana, each article is valued by the Gov¬ ernment, the Duties are then calculated on this valuation at a certain per cent. If the Duty on each article in a cargo is the same, suppose 24 per cent, you may ascertain the Government value of the whole cargo, and ^calculate the Duties on the whole amount, without the trouble of calculating the Duty on each respective article. 33 DISBURSEMENTS & PORT CHARGES Paid on the brig William, by Charles Owen, Master, at Havana. Port Charges. Cash paid Harbor Master's fee. 3 0 (( ii Interpreter's fee. 2 0 ii Translating Manifest, &.c. 5 0 t( (< Stamp Papers, 4 if *i Tonnage Duty, 528 6 if ti Entering and Clearing, 65 0 ÍÍ ft Moro pass and Light fees. II 4 it if Marine Interpreter, 2 0 if a Consul's fees. 2 b Whole amount of Port Charges, 619 Disbursements. Cash paid for one bolt of Canvass, 18 4 ÍÍ (i Ship chandler's bill. 24 3 Fresh Provisions, 10 4 it i( Blacksmith's bill. 3 5 57 Advances. Cash advanced H. Porter, 2 5 i( ti P. Pike, 3 I it a R. Henshaw, 4 3 Ii a D. Patterson, 6 2 Havana, May 30, 1830. 16 Errors and omissions excepted. CHARLES OWEN. •• 693 5 34 INVOICE HOMEWARD. Invoice of Molasses shipped on board the brig William, Charles Owen, Master, now in the harbor ofHavana, and bound to Portland, on account and risk of John Shelden, a native citizen of the United States, and resident of Portland, and to him consigned. 190 40 230 190 Casks and 40 Tierces of Molasses. Casks, containing 21066 gallons. Tierces, " 2000 " 23066 galls, or 4193^^ kegs, at 2 rs. Casks and Tierces, at 5è cts. per gallon. CHARGES. Cooperage, -3 rs. each. Commissions, 24 per cent 57 fl048 1268 86 Ô n 2317 3Î 0| 144 $2461 H Havana, May 30, 1830. Errors and omissions excepted. CHARLES OWEN. FJNAL SETTLEMENT OF THE VOYAGE. Dr- Mr. John Shelden, owner of, the brig William, in Account Current with Charles Owen, Cr. To amount of Invoice, " disbursements and port charges, as pr. bill, " Cash in specie dollars, " My commissions 24- per ct. on nett sales. " Balance, $2461 693 2386 143 40 $5724 2^ 1 4f 1 0 By nett sales of cargo, as pr. account. $5724 : $5724 : Havana, May 30, 1830. Errors and omissions excepted. CHARLES OWEN. 03 Cn 36 4 REMARKS. After closing your Voyage at any port, if you have employed a merchant to assist you in your business, you should, when at leisure, make up a set of papers for your owners, from your Consignees. Your Bill of Disbursements should contain all the charges that are In his, together with all charges you have against the ship or owners ; (the voyage should be closed as per preceding Account Current ;) and in this case, all the papers which you have received from your Consignee, vyill be considered as vouchers. If you wish to be considered a correct accountant, this must not be neg¬ lected. Many are in the habit of banding to their merchant on their return, the Con¬ signee's account of Sales, Invoice, Bill of Disbursements, and Account Current, simply, with an Account Current of their own ; this Account Current must necessarily con¬ tain the charges on the ship, which properly belong to the Bill of Disbursements, which should not be done. I will again observe, that it is the duty of the Master to make out and present to his owner the following papers, viz. An Account of Sales, Invoice, Bill of Disbursements, and Account Current, in all cases, when a cargo has been sold, and another purchased; and if these be correctly done, nothing will appear in the Account Current, but the amount, at the foot of each account. You may invoice yotir specie, or charge it on the Dr. side of the Account Current with your owners. It will he perceived that the preceding Account Current is closed To Balance $40, hence, it is evident, that' the Captain, in this case, is a debtor to the voyage, equal to the difference between the Dr. and Cr. sides. Had the Account been closed ßy Balance $40, it would show that the owner, or ship was indebted to the Captain, as the Dr. side would exceed the nett sales. It is therefore to be presumed, that the Captain advanced sufficient money to satisfy all claims against his ship. The owner, in this case, becomes a debtor to the Captain equal to this amount. In making a charge on the Debtor side of the Account Current, always write To; in giving Credit, always write By. If your commissions are to be received abroad, on the nett or gross sales, you may charge the commissions at the foot of the Account of Sales, or on the Dr. side of the Account Current with your owners. Having closed our last voyage, we will now arrange a set of Accounts for a freighting voyage. Let us suppose a ship sails from Portland for New Orleans, the Captain having liberty to consign himself to any merchant he pleases, and also libevty to draw on his owner, for an amount sufficient to cover all chargos. Having obtained a freight as per annexed list, he is required to draw on his owner for the amount of Disbursements, as per Bill. FORM OF THE DRAFT. New Orleans, Jan. 4,1830. Exchange for $1152,53. At thirty days sight, of this my first of Exchange, (second and third of the same tenor and date, not paid,) pay to Mr. Wm. Wyer, or Order, Eleven Hundred and Fifty-two dollars Fifty-three cents, with or without further advice from Your humble Servant, CHARLES SAUNDERSON. FREIGHT LIST Of the cargo of the ship Padang, Charles Saunderson, Master, bound from New Orleans to Havre. Marks. Numbers. Shippers. Consignees. Quantities and Denominations. Weight. Rate. Freight. Primage. Amount. F A J to 229 E. De Laney, S. De Laney, 385 Bales of Cotton, weighing 157,918 at IJ c. $2368 77 118 43 $2487 A F 1 to 156 do G. Dupasour, 113 do do do 41,679 625 18 31 25 656 43 M 1 to 113 C. Chaibonette, C. Nathan, 47 do do do 19,936 299 4 14 96 314 00 N' 1 to 47 do G. Smith,. 18 do do » 6,874 103 11 - 5 15 . 108 26 J t, 1 to 18 do do H A 1 to 46 do 1137 59 G 1 to 49 do >• Paul Green, 183 do do do 72228 1083 42 54 17 V 1 to 88 do A M N 1 do one barrel Sugar, 2 10 2 10 T M 107 to 205 0. Morot, Delvisert Lagory, 99 do do do 40,197 602 95 30 14 633 9 I, D 1 to 73 J. Gardner, do 73 do do do 28,205 423 7 21 15 444 22 O 1 to 20 P. Barnard, do 20 do do do 8,155 122 32 6 11 128 43 H W 1 to 38 J. Boardman, J. St. Avia, 38 do do' do 15,802 237 3 11 85 248 88 L Q 1 to 2 J. Gardner, do 2 Seroons Cochineal, J af 1,50 3 00 • 15 3 15 1 do 1 Barrel Sugar, . 00 10 S 10 ) New Orleans, Jan. 4, 1830. CHARLES SAUNDERSON. 976 Bales Cotton and sundries,! 390,994] II $5,871|89|| 293|56i| 6,165|45 6,16514511 atF. 5|25|1F.32,368161 M 38 DISBURSEMENTS & PORT CHARGES Paid on the ship Padang, Charles Saunderson, Master, at New Orleans. Port Charges. Cash paid Pilotage inward and outward, viz. Bar Pilot in and out, $56, River do. $35, Tonnage duty, Entering and Clearing, Lavee and harbor Master's fees, French Consul, for bill of health. Whole amount of Port Charges, Disbursements. Cash paid labor, " " Fresh Provisions and Vegetables, " " Sail Maker's bill, " " Caulker's bill, " " Carpenter's bill, " " 2 galls. Lamp Oil, " " J00 lbs. Sugar, " " 100 lbs. Coffee, Sundry charges paid my Consignee as per bill. Advances. Cash advanced Wm. Tuttle, " " G. Oliver, '• H. Grant, " " J. Ranson, Whole amount advanced Crew, 91 27 12 53 6 00 56 85 85 00 86 8 12 7 9 2 7 12 794 54 47 96 52 54 18 16 56 58 50 76 124 37i New Orleans, Jan. 4,1830. Errors and omissions excepted. CHARLES SAUNDERSON. 39 DISBURSEMENTS & PORT CHARGES Paid on the ship Padang, Charles Saunderson, Master, at Havre de Grace. Port Charges. Cash paid Pilotage, " " Quarantine charges, " " Health visit, " " Guards, " " Custom-house entering and clearing, " " Light money, " " Tonnage duty, " " Custom-house Interpreter, f.326 200 150 250 316 70 957 50 19 40 50 76 72 46 36 37 2322 76 • Disbursements. Cash paid for 397 lbs. of Cordage, " " for 2 bolts of Canvass, - " " Ship chandler's bill, " " Filling Water casks, " " Fresh Provisions, • " " 10 gallons Brandy, " " 1 doz. Fowls,- " " Painter's bill, " Consul's fees, - - 183 180 546 47 118 53 15 164 85 16 00 30 36 50 90 00 41 50 1394 13 Advances. Cash advanced Wm. Crookshanks, " " J. Horn, " " L. Oliver, " H. Grant, " '' J. Ranson, 70 79 59 92 107 76 40 50 18 12 408 9S - 4125 85 Havre, « Feb. 28, 1830. Errors and omissions excepted. CHARLES SAUNDERSON. REMARKS. In this Account I have neglected several charges and carried them to the Dr. side of ^e Account Current, which can be done when any charges have been omitted in this JBill. Dr. John Henaerson, owner of the ship Padang, in Account Current with Charles Saunderson, Cr. ^ To Disbursements & Port charges at New Orleans, as per bill. To Disbursements & Port charges at Havre de Grace, f.4I25,85 To commissions paid G. Green on amount of freight, 809,21 To sundry charges as pr G. Green's bill, 510,76 To 40 tons of stone ballast, not charged in Disbursements, 800,00 To 1 bbl. of Tar, " « " 30,00 To Harbor master's fees, " " " 100,00 1152 \ 53 / By amount of freight from New Orleans to Havre, f.32368,61 By sales of 4 bbls. of Beef, at f.80 per bbl. 320,00 By sales of 6 bbls. of bread, at f.30 per bbl. 180,00 By sales of 2 bbls. of Pork, at f.lOOperbbl. ' 200,00 • % 33068,61 eq. to By my draft in favor of Wm. Wyer, at 30 days sight. $6298 1152 78 53 6375,82 eq. to To cash in specie dollars, 4984,69 Premium 2 per cent. 99,65 . 1214 5084 44 34 > 7451 31 7451 31 • Havre, Feb. 28, 1830. Errors and omissions excepted. CHARLES SAUNDERSON. • REMARKS. In this Account Current, I have entered several charges' which properly belong to the Bill of Disbursements ; which can be done, if any charges have been omitted in that Bill ; and as several articles were sold, the owner must be credited for the sales. Tú find the solid contents of Packages. 41 A piece of timber, one foot square, contains 1728 square inches ; which is ascertained by multiplying the length, breadth and depth in inches, into each other ; thus, 12 inches multiplied by 12, is 144, this multiplied again by 12, is 1728; so that it is plain if the length, breadth, and depth of any box, package, or any other compact article, be taken and reduced into inches, and multiplied into each other, and the last product be divided by 1728, it will give the quantity of solid feet contained in it ; but if there be any re¬ mainder from this division, divide that by 144, which will give the number of odd inches, counting 12 to a solid foot. Suppose a package be in length 5 feet 10 If a package be in length 4 ft. 2 inches ; inches ; breadth, 4 feet 6 inches ; depth, breadth, 2 feet, 6 inches ; depth, 3 feet, 8 2 feet 6 inches ; what are its solid contents ? inches ; what are its solid contents. 40 solid feet make one ton of measurement goods. EXAMPLES. Length 5 ft. 10 in. are 70 inches. Breadth 4 ft. 6 in. " 54 " 4 feet, 2 in. are 50 inches. 2 feet, 6 in. " 30 " 280 350 1500 3 feet, 8 in. ** 44 3780 Depth 2 ft. 6 in. are 30 6000 6000 — ft. in. 1728 )113400( 65 ft. 7^ inches. 10368 1728 )66000( 38, 2¿ solid contents 5184 9720 8640 14160 13824 144 ) 1080(7 1008 144 )336(2 288 72 equal to inch. 144 144 48 equal lo ^ of an inch. 6 42 If a package be in length 3 ft. 9 in.; depth 1 ft. 5 inches ; breadth 2 ft. 7 in.; what are its solid contents ? 3 ft. 9 in. are 45 inches. 1ft. 5 in. " 17 " 315 45 765 2 ft. 7 in. 31 765 2295 ft. in. 172S )23715( 13.BJ'jr nearly, solid con. 1728 6435 5184 144 )1251{8 1152 99 144 If a package be in length 6 ft. 7 inches ; breadth, 3 ft. 3 in. ; depth, 2 ft. 5 in. what are its solid contents 1 6 ft. 7 in. are 3 ft. 3 in. " 79 inches. 39 " 711 237 3081 2 ft. 5 in. 29 27729 6162 ft. in. 1728)89349(51. nearly. 8640 2949 1728 144)1221(8 1152 69 144 As all the remainders in the preceding calculations, are the fractions of an inch, I shall here introduce a rule for reducing a simple fraction to its lowest term. Rule.—Find a common measure, by dividing the lower term by the upper, and that divisor by the remainder, continue until nothing remains ; the last divisor is the com¬ mon measure ; then divide both parts of the fraction by the common measure, the quo¬ tient or answer expresses the fraction required. Note.—If the common measure happen to be 1, the fraction is already in its lowest term, and when a fraction hath cyphers at the right hand, it may be abreviated (or, shortened) by cutting them off, thus, f |^, or f. EXAMPLE 1. Reduce the remainder in the first example to its lowest term, which is Common measure, 72)144(2 144 000 The common measure being 72 it is evi¬ dent that is one half of an inch, or 3%. EXAMPLE 2. Reduce the remainder in the 2d example to its lowest term, which is Common measure, 48 )144( 3 144 The common rñeasure being 48, is one third of an inch, or nearly. 43 EXAMPLE 3. Reduce the remainder in the 3d example, to its lowest term, which is 99 )144( 1 99 45 )99( 2 90 coin. mea. 9 )45( 5 45 9 of an inch. EXAMPLE 4. Reduce the remainder in the 4th exam¬ ple to its lowest term, which'is 69 )144(2 138 6)69( II 66 Common measure, 3 )6( 2 6 - ofanin. In the third example, we have the fraction reduced to its lowest term, as no number will divide 11 without a remainder. The fourth example is also in its lowest term, as 23 cannot be divided without a remainder. Now, as it is my intention to take up the examples from the commencement, and ascertain the number of tons in the \vhole, it will be necessary for us to know how many tenths of inches are contained in all the frac¬ tions together. In order to do this, you have only to annex a cypher, to the numerator and divide by the denominator, which will give the same result, as annexing a cypher to the remainder in finding the solid contents, and dividing by the last divisor, viz. 144. In the 3d example we have from the lowest fraction ii- Annex a cypher to the numerator II, and divide by the denominator 16)110(6 96 14 And we have 6 tenths and of another tenth, which is nearly. Or thus, annex a cypher to the remainder in the 3d example, 99, and divide by 144 )990( 6 864 126 And we have 6 tenths and of another tenth, which isy^^y nearly. In the 4th example we have from the lowest fraction, ff. Numerator 23 Denominator 48 )230( 4 192 38 We have 4 tenths of an inch, and another tenth, which is ^ nearly. of Or thus with the remainder in the 4th example : Remainder is 69 . Last Divisor 144 )690( 4 576 114 We have 4 tenths and which is^ nearly. The remainder in the first example, is half an inch, or 5 tenths, because 72 multi¬ plied by 2 is 144, equal to the divisor. The remainder, in the second example, is one third of an inch, or nearly, or exactly because 48 multiplied by 3 is 144 the divisor. We shall now take the sum of the solid contents of the four packages, and ascertain what the freight amounts to at $30 per ton, 40 solid feet being equal to one ton. No. 1, is 65 ft. 7 in. 5 tenths, " 2, it 38 " 2 " 3 " " 3, H 13 " 8 " 7 " " 4, i< 51 " 8 " 5 " Solid feet. 169 " 3 " 0 " By proportion.—Multiply the 2d by the 3d term, and divide by the first, cut off the two right hand figures of the product, or answer, and you will have the amount in dol¬ lars and cents, vi^. $126,75 cts. for 169 feet. If 40 feet pays 3000 cents, what will 169 feet pay ? 3000 40 )507000( 126.75 40 107 80 270 240 300 280 200 200 To find tvhat proportion 3 solid inches pay. Divide the price of one ton by 40, and you will have the freight per foot. Freight for 40 feet is $30.00 Divide by 40 )30.00 75 cts. per foot. Multiply the 3 inches by 6^ and add it to 126.75, and you will have the whole amount of freight. 3 18f 126.75 $126.93J whole amount freight. Divide again the price per foot by 12, and you will have the freight per inch. Freight for 1 foot is 75 cents. Divide by 12 )75 or 6^ cts. per inch. Or you may proceed thus : reduce the feet and inches to inches, by multiplying the feet by 12, viz. 169 ft. 3 in. 12 2031 Multiply this by price pr. in. 6;^ 12186 507.3 $126.93^ 45 To find the solid contents of casks. Find the mean diameter of the cask, by taking the mean of the bilge and head diam¬ eter. Then multiply the mean diameter in inches, by the length of the cask :n inches. iVIultiply this product again by the mean diameter. Deduct one fifth of the sum so found, for the roundness of the cask ; and reduce the remainder to feet and inches, by the rule for the measurement of packages, as in the following examples. Suppose a cask be in length 3 ft. 10 in. ; its head diameter 2 ft. 4 in. ; and its bung diam. 2 ft. 8 in. ; what are its solid contents ? 2 ft. 4 in. = 28 head diameter. 2 ft. 8 in. = 32 bung " 2)60' 30 mean diameter. 3 ft. 10 in. 46 length. 180 120 1380 product to be multiplied 30 again by mean diameter. 5)414Ö0 8280 deduct 4 for roundness. 1728 )33120( 19 ft. 2 in. solid contents 1728 15840 15552 144 )288(-2 288 If a cask is in length 4 ft. 2 in. ; its head diameter 2 ft. 6 in. ; and bung diam. 3 ft. what are its solid contents ? Head diameter 2 ft. 6 in. are 30 inches. Bung " 3 ft. " 36 " 2 )66 Mean diameter, 33 Len. 4 ft. 2 in. are 50 inches. 33 mean diameter, 150 150 1650 this product to be mul- 33tiplied again by mean diameter. 4950 4950 5 )54450 10890 deduct one fifth. 1728 )43560( 25 ft. 2 in. 3456 9000 8640 144 )360(2 288 144 )720( .5 720 To find the Tonnage of a vessel by the United States Measurement. Ifthe vessel be double decked, take the length thereof from the fore part of the mair stem to the after part of the stern post, above the upper deck ; the breadth thereof at th« broadest part above the main wales, half of which breadth shall be accounted the deptl of such vessel, and then deduct from the length, three-fiths of the breadth ; multiply thf remainder by the breadth, and the product by the depth, and divide this last product b} 95; the quotient whereof shall be deemed the true contents or tonnage of such ship o'l vessel. If such ship or vessel be single decked, take the length and breadth as above di rected ; deduct from the said length three-fiths of the breadth, and take the depth frorr 46 the under side of the deck plank to the ceiling in the hold ; then multiply and divide as aforesaid, and the quotient (or answer) shall be deemed the tonnage. EXAMPLE 1. What is the Government tonnage ofa vessel of the following dimensions : Length, 100 feet, 4 inches ; breadth, 26 feet, 7 inches 1 26,7 12 5 )319 inches. 63^ one-fith of the beam in inches and parts. 3 Divide by 12 )191f three-fifths of the beam in inches and parts. 15,llf " " " " " in feet, inches and parts. ft. in. The ship's length is 100, 4 From which deduct f the breadth of beam, 15,1 If And there remains 64, 4f Let us reduce the inches and parts to decimals, as it will be necessary, in order to find the tonnage : and first, with the inches and parts, of the length, after having deducted f of the beam. It is evident that in 12 inches there are ths, equal to one foot,—let us consider 1 foot, 100 fractions in the present example, then, it is evident, that in 4 in. and 3 fifths, there are 23 fifths; now annex two cyphers to-the 23 fifths, and we have 2300 ; divide this by 60, and we have the fractions required, viz. 36. OR THUS, BY PROPORTION. If 12 inches are equal to 100 fractions, what is 4 in. f equal to ? 5 5 60 23 100 6.0 )230.0 .36.2 Answer Reduce the inches in the breadth of beam to fractions, which are 7, by proportion. If 12 inches are equal to 100 fractions, what are 7 inches equal to ? 1 12 )700 .56 Answer. Ship's length, less f, the beam is 64 ft. 4f, in feet and decimal parts ; 64.36. " beam, is 26 ft. 7 inches ; in feet and decimal parts, is 26.56. As we have reduced the feet and inches to decimals, we will proceed to find the ton¬ nage according to Rule. 47 Length, after three fifths of the beam is deducted, 84 38 Beam, 67504 42100 50628 16876 2242.8204 Half the Beam, 13 29 201853836 44856408 67284612 22428204 95 )29807.08(3116(313.H 285 130 95 357 285 720 665 558 475 83 Thus it appears the tonnage is 313 by the above measurement. As Logarithms are constructed to facilitate the calculation bji multiplication and db vision, so lhat by them multiplication is performed by addition, and division by subtrac¬ tion ;—we will now proceed to find the tonnage from the above measurement with them, which has the advantage of being much shorter than the above calculation. The manner of taking the logarithms from the table is so clearly explained hi that val¬ uable work, the Epitome to Navigation, by Dr. Nathaniel Bowditch, as to leave little room for any explanation from me. To find the Logarithm of any mixed decimal number. Rui.,e. Find the Logarithm as if it were an integer, (whole number) to which prefix the index of the integral part of the given number ; thus, if the logarithm of the mixed decimal of the breadth of Beam, were required, find the logarithm without noticing the decimal point 2658 ; now the logarithm corresponding to this, is 42455, to which we must prefix the index 1, corresponding to the integral part (or whole number.) Had the integer been 265.8, the index would have been 2, or a whole number ; thus 2658, with¬ out any decimal, the index would be 3 ; had it consisted of five places of figures, thus 26580, the index would be 4 ; that is, the index is always one less, than the number of places of figures in the whole number. 48 ft. iñ. Length, lOÜ 4 ^ of beam, 15 llf 84 4f Length, - 84.38 log. Beam, 26.58 ¿ the beam, 13.29 Arithmetical complement of 95 1.92624 1.42455 1.12352 8.02228 ' 2.49659 giving 313 ^ As the logarithm cannot be found to correspond e.xactly, we must proceed as follows : take out the next less logarithm, and note the number opposite, in the left hand column ; and also the number at the top. Take the next greater logarithm, and the difference between them ; then take the difference between the first logarithm, found in the table ; and the given logarithm and proportion, for the other decimal figure, as follows : Next less Next greater Difference Given log. Difference 49651 corresponding number 313.7 49665 14 49659 8 Then say by proportion. If 14 will give 10 what will 8 give. 8 14 )80( 5 or nearly 6. 70 10 The index being 2, we must have three whole numbers of figures, thus, 313.75 ; 75 are the decimal parts ; had the index been 1, we should have two whole numbers and three decimal figures, thus, 31.375; had the index been 0, we should have one whole number and four decimals, thus, 3.1375 ; had the index been 3, we should have four whole numbers and one decimal part, thus, 3137.5; had the index been 4, then all would have been whole numbers, thus, 31375, without any fractions. You will observe in this example, I have made use of the arithmetical complement of the divisor 95, which is the same as if I had taken the sum of the three first logarithms, and subtracted the logarithm of 95 from this sum. The arithmetical logarithm was used to avoid subtraction, and is found thus : Sup¬ pose the arithmetical complement of 95 was required, take the corresponding logarithm from the table, which is 1,97772, subtract this from 10.00000, and you will have the logarithm required. Subtract from 10.00000 The logarithm of 95, 1.97772 And the remainder is the arithmetical complement. 8.02228 Hence it is evident, the arithmetieal complement is what thelogarithm wants of 10.00000. We will now go through the same calculation, by using the logarithm as found in the tables. Length, 84.38 log. 1.92624 Beam, 26.58 1.42455 Í Beam, 13.29 1.12352 Sum, 95 its log, subtract. Difference, 4.47431 1.97772 2.49659 correspond, to which 313.75 49 The logarithm of the divisor, in finding tonnage, when once found, is to be used as a constant quantity in either case. ■ o e What is the Government tonnage of a double-decked vessel, whose length is 108 feet 2 inches, and breadth 26 feet 10 inches. Beam 26.10 12 5)322 64? 3' 12 )193^ . Beam, Length, Beam, Beam, 16.11 IO8.2' 92.01 26.10 13.05 equal to 92.07 its log. 1.96412 26.83 13.41 1.42S62 1.12743 95 Length after ^ the beam is deducted, 92 01 Beam 26 83 4.52017 1.97772 fixed number. 2.54245 = 348. tons. Half Beam, 27621 73656 55242 18414 2,470.2381 1341 24702381 98809524 74107143 24702381 95 )33125.89(2921(348.|â 285 462 380 825 760 658 570 889 855 34 50 What is the government tonnage of a single decked vessel, whose length is 69 feet 6 inches, breadth 22 feet 6 inches, and depth 8 feet 6 inches ? ft. in.. Length, - 69 6 From which deduct three fifths the breadth, 13-6 56 0 BY i:.OGARITHMS. Reduce the inches to fractions. Length less f beam is 56,00 1.74819 Breadth, ' 22.50 1.35218 Depth, 8.50 - 0.92942 4.02979 Divisor 95, its logarithm, subtract 1.97772 2.05207 corresponding to which, in table 26th, (Epitome) is 112.7, which is 112 tons and What vessels of different classes will carry in proportion to their meas¬ urement. A full built ship, of 300 tons, will hold 50 per cent, above ber tonnage, that is, she will carry 450 tons measurement goods ; calculating 40 cubic or solid feet, to the ton. A ship 300 tons, if vèry sharp built, will not hold more than 300 tons measurement goods. They will hold more in proportion as they are less sharp built. A ship of 400 tons, full built,, wiH hold 60 per ct. above her tonnage ; but if she be sharp built, she will hold about 40 per ct. on*her tonnage of measurement goods. A ship 500 tons, full built, will hold 75 per ct. above her tonnage. A ship 650 tons, sharp built, will hold 50 per ct. above her tonnage. A ship 600 tons, full built, will hold 75 per ct. above ber tonnage. A ship 600 tons, sharp built, will hold 50 per ct. above her tonnage. So that the larger the vessel, the more she will hold above her' tonnage, as a ship 1200 tons, full built, will hold from 90 to 100 per ct. on her tonnage, and a ship of 1200 tons, sharp built, may hold from 60 to 70 per et. above her tonnage ; while a vessel ol 200 tons, sharp built, perhaps will not hold equal to her tonnage. Proportion of the Spars of Merchant ships. In the merchant service,.ii appears that there is no particular rule for sparring a ves¬ sel, as respects the difference between the lower and upper yards ; some make a dif¬ ference between the lower topsail, and top-gallant yards, of ten feet ; others of eight, nine, &ic. The breadth of beam, however, is generally considered the guide for the main-yard, from which the others are proportioned. In former times, the following differences were supposed to be fair proportions. LENGTH OF THE SPARS. Mainmast—Equal to two arid a half times the ship's beam. Foremast—Eight-ninths of the mainmast. 51 Mizenmast—Five-sixths of the mainmast. ' i t ■ i_ j bowsprit—Two-thirds of the mainmast, one-third of which ought to be inboard. Main-top »»04Í—Three-fifths of the mainmast. ' _ , , ■ . . Main-top-gallant mast—Half the main-top mast, exclusive of the pole, which is generally half the length of the top-gallant mast, or a little longer. Fore-top mast—Three-fifths_of the foremast. Fore-top-gallant riiast—Half the length of the fore-top mast, exclusive of the pole, which is half the length of the top-gallant mast. Mizen-top mast—Three-fifths of the mizen-mast. Mizen-top-gallant mast—Half the length of the mizen-top mast, and the pole half the length of the top-gallant mast. Jib-boom—The length of the bowsprit two-thirds of which length is riped without the bowsprit cap. - Main-yard-—Twice the ship's extreme breadth. Main-top-sail yarci.—Two-thirds of the main yard. Main-top-gallant yard—Two-thirds of the main-top-sail yard. Fore-yard—Seven-eighths of the main-yard. Fore-top-sail yard—Two-thirds of the fore yard. - Fore-top-gallant yard—Two-thirds of the Ibre-top-sail yard. Royal yards—Two-thirds the length of their respective top-gallant yards.* Cross-jack yard—Same length as the main-top-sail yard. Mizen-top-sail yard—The same length as the main-top-gallant yard. Mizen-top-gallant yard—Two-thirds of the mizen-top-sail yard. SpritsaU yard—Five-sixths of the fore-top-sail yard. Remarks.—Some have thespritsail yard the length of the fore-top-sail yard. If it should be mucfc shorter, the jib-sheets will chafe against the spritsail braces. Spanker-boom—The length of the main-top-sail yard 5 it is however, made some¬ times longer, sometimes shorter, according to fancy. Mizen-gaff-—Two-thirds the spanker-boom, liable to the same variation. THICKNESS OF SPARS. Masts—It has been customary to allow for every three feet of the main-mast's length, one inch of diameter in the partners ; and for every inch of diameter at the partners, nine-tenths of an inch of diameter in the middle, between the partners and the extrem¬ ity of the head, and two-thirds under the hounds, and all other masts in the same proportion ; and with these proportions masts have been usually made. Some are of opinion, that one and a quarter inch diameter in the partners, for every three feet of length, is much better. Yards—For every four feet of their length, allow one inch of diameter in the slings, and half that diameter within the squares, at the yard-arms. BREADTH OF TOPS. , Main-top—Half the ship's beam. Fore-top—Eight-ninths of the main-top. . Rule for placing Masts in a ship. Take the ship's length, from the after part of the stem to the fore part of the stern- post, and divide it into sevenths. Place the foremast one-seventh of this length from the stem ; the mainmast three-sevenths from the foremast ; the mizenmast two-sevenths "These dimensions of the yards include the yard-arms. 52 from the mainmast ; and then there will be one-seventh distance between the mizen- mast and sternf)ost. , ^ This rule is for a full built ship. It must therefore be varied, when applied to ves¬ sels that are sharp, and the stem and sternpost of which rake. The foremast must accordingly be placed further aft, the mizenmast further forward, and the distance be¬ tween the masts proportionably regulated. Anchors. In regulating the necessary weights of the anchors, five hundred pounds is allowed for every hundred tons of a ship's measurement fora merchant vessel. Ships above five hundred tons do not however, require so great a proportion. • The anchor stock must be the length of the shank, and half the diameter of the ring j and for thickness, one inch is allowed in the middle for each foot in length, and re¬ duced to half that at the ends. ' The channels of a vessel ought to be placed so that the foremast dead-eye be either abreast of the mast, or a little more aft. By this means, the foremast catharpins will be prevented from binding against the mast. Cables and Cordage. The necessary size of cables is thus ascertained :—For each foot of half the extreme breadth of the ship's beam, allow one inch of circumference for the best bower cable, and for the'smaller bower, something less. Thus, a ship of thirty-two feet beam, will require a sixteen inch cable. ( ( ^ ^ ' Sail-Making. ^ As some sails cannot be cut without they are first projected on paper, particularly a schooner's mainsail, brig's treysail. Sic., and as the diagonal scale is most convenient for this purpose, I shall here endeavor to describe its use. This scale is found on all gun- ler scales. The largest scale which I have made use of for the projections in this work^ is numbered at the top, beginning at the right hand with 10, and ending towards the left with 1; the inch next to 1, is divided into ten equal parts, and through each division are drawn ten diagonal lines, numbered at the top, for every other division, viz. 2, 4, 6, 8. Parallel to the numbers at the top, are drawn ten lines, passing through the di¬ agonal, equi-distanl ; which divides the diagonal from the top downwards, into ten equal parts, and is numbered on the end 2, 4, 6, 8. Having given a description, of . the scale, we will now describe its use. Suppose a number, consisting of three places of figures, was required, as246j place one foot of the compass on 2, and extend the other to the diagonal line marked 4, and you will have 240 ; move both points of the compasses downwards, till they are on the sixth parallel division ; open the compasses a little, until the right hand point rests on the same diagonal line marked 4, and you will have the required number, 246. Sup¬ pose 26^ was required, extend from 2 to the line marked 6, in the diagonal, move both points downwards, until they are on the fourth parallel line, open the compasses a little, until the right foot rests on the same diagonal marked 6, and you will have the , number required, 26^^^. In the same way the quantities 24-j55, 3,%, 4J^, &£c., are measured. If you wish to find feet, inches, and parts, you' must consider the feet di¬ vided into tenths, and the inches into tenths ; thus, 4 feet 6 inches are 4 feet 5 tenths, being the same. Again, Suppose you should wish to find 36 feet 6 inches, then say, 36 feet 5 tenths. 53 Set one foot of the compasses on 3, extend the other to the 6th diagonal line, move both points of the compasses downwards, until they are on the 5th parallel line, open tliem a little, until the right foot rests on the 6th diagonal line again, and you vviil have the number required. As this scale is divided into ten equal parts each way, we can find the inches pretty nearly, by observing the following proportions. 10 tenths are equal to one foot or 12 inches, 5 tenths are equal to 6 inches, tenths are equal to 3 inches, tenths are equal to 9 inches. Any one who is acquainted with this scale, can very, readily construct one for feet and inches, by dividing the diagonal into 12 equal |)atts each way, wiiich would answer a very good purpose for projections in the art of sail-making. Ship or Briggs Jib.—Fig. 1. The after leech of this sail is in length, 42 feet, and has eleven clotljs in (he foot, •the foot gore in the whole sail is six feet. 54 To find the gore to each cloth in the foot. Gore on the foot is Reduced to inches, 12 6 feet Divide by the number of cloths in the foot, 11 )72 ly gore to each cloth. 6 ft. which is 6a in. near- To find the Stay Gore. Add the length of the after leech to the gore on the foot. 42 feet. 6 " Reduced to inches. 48 12 Divide by the number of cloths in the foot. 11 )576 12)52 4 4 ft. 4 in. Which is 4 feet, 4 inches and one third nearly, to find the gore on the stay. To cut the first cloth, presuming the canvass is square on the end, set off inches on either selvage of your canvass and mark it, run a piece of tarred twine from" this mark, diag¬ onally across the canvass, to the extreme point of the opposite selvage, so as to leave the mark on the canvass ; cut through this mark, and you will have the foot gore for the first cloth ; measure up on the shorter selvage 42 feet, and mark it, from this mark' set off 4 ft. 4 inches, down towards the foot, (as in the figure) and mark it, take a thread from this mark to the opposite selvage, mark it, run your twine from this last mark, to the mark denoting the length of this first cloth, so'as to leave the mark on the canvass ; cut through this mark, and you will have the stay gore for the first and sec¬ ond cloths ; turn your canvass so as to bring the longer selvage even in a line with the shorter selvage of the first cloth ; measure dovvn by this cloth for the length of the second cloth and mark it, take a thread to the opposite selvage, mark it ; set off6¿ inches downwards, mark it, run your twine from this last mark, to the mark denoting the length of the second cloth on the opposite selvage ; cut thropgh from mark to mark and you will have the foot gore for the second and third cloths. Turn your canvass so as to bring the shorter selvage to the longer selvage on the foot, in a line with the second cloth ; measure up by this second cloth, for the length of the third cloth, mark it; measure from this mark, 4 it. 4 inches down towards the foot, and cut the stay gore for the third and fourth cloths as before directed. Continue turning, measuring, and Cut¬ ting, until you have all the cloths required, observing to number each cloth as they are cut. For more particular directions for finding the gore on any sail, see studding- sail figure 12, and observations thereon. In ropeing this sail, 3 or 4 inches slack cloth is taken up on the slay gore, and 2 or 3 inches on the foot for every yard in length. The leech does not require so much, however, you must govern yourself by the rope as some rope will stretch more than others. To prevent the sail rounding upwards, you can give it a small sweep or .swell, at pleasure. (Sec remarks on fig. 16.) 55 Projection, Fig. %—Square Mainsail This Sail is projected from the following dimensions Main-yard, 44 feet. 8 do. deduction from its whole length. 36 feet square on the head. Middle cloth is 22 do. in length. Roach on the foot, 3 feet. 25 feet, whole depth of the sail. One cloth is gored on each leech. To measure for a Main-sail ; take the whole length of the Main-yard, from which deduct, from 6 to 8 feet, for the width on the yard. Measure from the up¬ per part of the main-yard, as far down the main-mast, as yeu wish fhe fooi to come for the middle cloth ; gore one cloth on each leech from the head to the clues, and give the foot three feet roach from the middle cloth to each clue. You may have one, two, or four square cloths in the middle of the sail, only be care¬ ful to increase the roach proportionably on each cloth, as you gain towards the clues. Bolt Rope. Head 2 inch, Foot, 3f do. Leeches, 3^ do. To cut the Canvass for this Sail You may cut the two middle cloths square on the foot, if you please, as in the fig¬ ure, and roach out towards the clues ; increasing pfoportionably, so as to give the foot a fair roach : thus, 0. 1 inch ; 2, 3, 4, &ic. to each cloth. Measure your next cloth by the selvage of one of the middle cloths, and mark its length ; take a thread across 56 the canvass, and mark its opposite selvage ; set off one inch downwards, and mark it ; run your twine diagonally from this last mark, across the canvass, and cut from mark to mark, and you will have the roach for the second cloth. Set off one inch up on the foot on the shorter or inner selvage of your canvass, and mark it ; run your twine from this mark, to tlie lower point of the opposite selvage, so as to leave the mark on the canvass ; cut through this mark, and you will have the two inches roach for the third cloth. Place the longer selvage of the second cloth even with the shorter selvage of your canvass at the foot. Measure up by this second cloth, and cut the head square for the third cloth. Measure down from the head, on the outer or longer sel¬ vage hy this third cloth, and mark its length on your convass ; take a thread square across the canvass, and mark the opposite selvage ; set off three inches downwads, and mark it, cut stright across from mark to mark, and you will have the roach for the fourth cloth. Proceed in this way until all your canvass is cut for the sail. Remarks.—In roaching a square sail, every cloth should increase in length, on the outer selvage, so as to give a fair roach on the^foot. To find this roach for each cloth, set down the number of inches you intend roaching the sail, as in the following .exam¬ ple. Let us suppose 3 feet or 36 inches were required in the mainsail. Fig. 2d. Now we have in the foot 18 whole cloths. As we have two square cloths in the middle, we have but eight cloths on each side, that require roaching. Then suppose we say for the first cloth 0, second cloth 1, third cloth 2 inches, &ic. until we have the whole number of cloths in one half of the sail, thus : First trial for 9 cloths. ' * Second trial. Third trial. For 36 inches roach. 36 inches ■ 36 inches 0 0 • 0 2 0 1 3 1 '2 4 2 , 3 b 3 4 6 4 5 7 5 6 8 6 -, 7 9-7 8 44 in. too much. 28 in. not enough. 86 in. required roach. 67 Projection, Fig. 3—Topsail. D n -Ü Draw the base line A B at pleasure, on which erect the perpendicular C D ; take 29 feet in your compasses from the diagonal scale, and set it off from C to D, for the hoist. Draw the line E F parallel to A B take half the width of the sail at the head, viz. 13 feet 6 inches from the same scale, and set it off from D to H and from D to G. Take half the width of the sail on the foot, viz. 19 feet, in your compasses, and set it off from C to I and from C to K ; join H I and G K and it is done. E F represents the whole length of the top sail yard, 35 feet, and A B the main yard, 44 feet. No particular rule can be given to measure a top sail for its width on the top sail yard, as the head of this sail is governed in proportion as the top sail yard is to the main yard,'and also in the hoist, for if the top mast be very taunt, die less will be the angle on the leech ; but if very short, the greater will be this angle; no)v in the one case, this sail would require more gore, and in the other, less.— We shall now proceed to shew how to measure, presuming on the following dif¬ ferences between the yards, from the main to the royal yard, which will answer to the projections of figures 2d, 3d, 4th, and 5th. Main yard, 44 feet, top sail yard, 35 feet, top gallant yard, 25 feet, royal yard, 18 feet ; these proportions were taken from a high full built brig, and the measures for her sails were precisely as given in this work. In measuring ibr any square sail, with more or less reefs, you must cut the sail in such a manner as to allow the sail, when close reefed, to come with a taught band between the lifts. (See fig. 18th, and remarks thereon.) '8 SS To measure for a Topsail. Measure from the hounds to the heel of the top mast, for the middle cloth or hoist, take the whole length of the top sail yard, from which deduct eight feet, take the whole length of the main yard and deduct about six feet ;—these measures are for a sail cut square on the foot. If you intend reaching the sail on the foot, cut the middle cloth as many feet less than the measure, from hounds to heel, as you intend the roach shall be, and find the roach in the same manner as for the mainsail. To cut the Cloths. Cut as many cloths as your top sail yard requires, square on the head and foot, of the same length, as the middle cloth ; take half the difference between the width of the sail on the top sail yard, and main or lower yard ; straighten the sel¬ vage of the last cut cloth ; set off on a straight line from the lower end of this cloth in a line with the foot, this half difference, and mark it ; place the selvage of your canvass one inch over the outer selvage of this last cloth ; run your twine (tarred, so as to leave the mark on the canvass) from the upper end on the^ outer sel¬ vage to the mark denoting the half difference between the head and foot, cut through this mark, and you will have the leech gore. All the other cloths for the gore on the leech, may be cut by this cloth; you can find the gore as in the jib or any other sail. Rule for the Reefs, ^c. Take the middle of the sail from the topsail to the lower yard for the reef tackle cringle ; place the close reef cringle eighteen inches above the middle of the saif, and divide the other reefs at pleasure. Reef Bands. One quarter the width of canvass, about 29 inches wide for each reef ; the reef bands of topsails go over the linings from leech to leech, and are stuck with 68 or 72 stitches in a yard. Reef bands should not be put on until the sail is sewed up. A contrary practice being very erroneous. Tablings of all sails, are to be a proportionable breadth to the size of the sail. Linings. All linings are seamed on, and are stuck, or stitched, in the middle, with 68 or 72 stitches in a yard ; top lining and mast cloths are put on the after side ; and all other linings on the fore side, of sails. The leech linings for topsails, should be half a breadth of canvass. ' The top linings cover one-third of the cloths, at the foot ; two mast cloths are put on in the middle of the sail, on the aft side. The buntline cloths are put on the fore side of the sail, and are a foot and a half shorter than the top linings. Bolt Rope. The size oftheropeis as follows, for the top sail to a brig about 260 tons; head inch; foot, 3# inch ; leeches, 3 inch. Three inches of slack cloth are taken up in sewing on the holt rope in every cloth on the^head and foot, and one inch and a half are taken up for every yard in the leeches. 5é The bolt rope along the top brim, and for oné rdoth and a half on each side beyond, is wormed, parcelled, and served as the clues, and is marled to the sail j but sometimes the whole length of the foot rope from clue to clue is wormed, parcelletj, Clues. , The clues are made of the foot rope, which Is left sufEbiently long for that purpose, and spliced into the leech rope at the lower bow-linè cringlè. It is wormed, parcelled, and served three feet from them towards thé head. Ctingles. Cringles should be made with the strands of new boll rope, half an inch smaller than the bolt rope on the sail ; all the bow-line cringles must be below the close reef, all splices in the rope should be cross stitched, and also in the wake of each cringle. ♦ Seams. Seams should be sewed with the best twine, of thrée threads, spun 360 fathoms to the pound ; and to have from 108 to 116 stitches in a yard in I'ength ; the breadth of the seams should be about one inch ; you must be careful to place the selvage of your canvass throughout the same way. Top-gallant Sail.—Fig. 4. 10 7 48 1000018 47 10 . 35 Measure from the hounds to the heel of the top-gallant mast, for the hoist, or middle cloth, take the whole length of the top-gallant yard, from which deduct three feet, take thewholelength of the top-sail yard, from which deduct five feet. If you intend reach¬ ing this sail on the foot, cut the middle cloth as much shorter as you intend the roach shall be. Govérn yourself as respects roaphing this sail, as per directions, (mainsail) and for the gore by the top-sail. Earing-pieces of a quarter of a yard, are put on each corner, at the head : in roping allow two inches slack cloth, for every cloth in the foot, and one inch for every yard in the leech. 60 To project this sail, This sail Bolt Rope. Head inch. F Oct Leech, 2^ see top-sail. Royal.—Fig. 5. 18 7 1 25 is projected by the same rule. Briggs Trey-sail.—Fig. 6. 61 Proportions.—Measure from the outer end of the boom seven feet in, and mark it. Take the length of the Trey-sail mast, from the under part of the top, down the mast, (for the hoist on the luff) to the boom ; from which deduct five feet. Take the whole length of the gaff, from which deduct three feet. Take one end of your line, five feet below the top, on the after part of the trey-sail mast, diag¬ onally to the before mentioned mark, (7 feet from the boom end,) and this wiU shew the position of the mast to the boom ; observing that the boom is as high from the taffrail, as you wish it to be when the sail is set. Take the whole length of the boom, from which deduct seven feet, for the foot of the sail. Dimensions of Fig. 6, are as follows ;— Trey-sail mast, 29 feet : deduct 5 feet, is 24 feet hoist. Trey-sail boom, 44 feet : " 7 " is 37 " on the foot. . Gaff, 30 feet: " 3 " is 27 " on the head. Diagonal, 39 feet, 4 inches : after leech, is 37 feet. From these dimensions, we will now proceed to shew, how this sail is to be projected. The depth of the after leech should be about one third more than the fore- leech. Projection. Draw a line at pleasure, representing the mast. Take 24 feet from the diago¬ nal scale, in your compasses, and set it off on this line from A to B. Take the width of the foot, (37 feet,) and with one foot on A, describe an arch at C. Take the length of the diagonal, (39 feet, 4 inches,) and with one foot on B, describe another arch, cutting the former in C. Draw a line at pleasure from A through C, on which set off 44 feet for the whole length of the Boom ; and this shall rep-, resent the relative position of the boom to the mast. Take the length of the after leech, (37 feet,) in your compasses. With one foot at C, describe an arch at D. Take the width at the head, (27 feet,) and with one foot at B, describe another arch, cutting the former in D. Draw a line at pleasure from Bj through D : set off on this line, the whole length of the gaff, (30 feet.) Join C D and it is done. To find the Gore on the head and foot. Take a square, and lay one-side parallel with the after leech C D. Let the other side of the square rest on A. Draw a line from A to E. Take the extent from C to E, which being measured on the same diagonal scale, will be found equal to eight feet, which is the gore on the foot of this sail. Lay one side of the square again parallel with the after leech C D. Let the other side of the square rest on B. Draw a line from B to F. Take the extent in your compasses from F to D, which being measured on the same scale, will be found equal to 7 feet 4 inches, which is the gore on the head. I shall now proceed to show, how to find the number of cloths in the head and foot, by the use of the scale, with a view to make its use familiar.. The projec¬ tion (fig. 6) being on a small scale, the width of the cloth cannot be found to so great a degree of accuracy, as is required. For the least deviation in your com¬ passes, from the exact width of your canvass, will, in stepping them along on the lines A E, and B F, make a material difference. I shall however, consider the number of cloths in the head and foot, the same as found by the scale, which will answer our purpose as well as if the most accurate calculation had been made. «2 To find the number of Cloths in the head and foot. I shall suppose the cloths to be 29 inches wide ; shall therefore take 28 inches in the compasses, which will allow one inch for seams. Place one foot of the compasses on the right hand perpendicular line oí the diagonal sc^le, between the third and fourth parallel lines ; (midway;) extend, the other to the diagonal line marked 2, at the top, and you will have two feet and one third of another foot, or twenty-eight inches nearly, which is the width required. With this extent in your compasses, place one foot on the after leech at E, and step them along from E to A, on the dotted line, so as to leave the mark for each division, and you will find the number to be 15, which is the number of cloths required in the foot of this sail. With the same extent in your compasses, place one foot on the after leech at F. Step your compasses as before on the dotted line from F to B, and you will find the divisions to be 10 and one more, nearly; which I call ten cloths and three quarters in the head of this sail. Through these marks, on the lines A E, and B F, draw lines parallell to the after leech, until you have the whole number of cloths in the head. Then place one side of your square, parallel with, or on the line A, E, so that the other side shall be on the next division. Draw from this line (AE,) the 12th line, as in the figure, perpendicular to A E to the mast ; continue this line to the foot of the sail, which will be the eleventh cloth in the loot ; and about three quarters of this cloth will be in the head—the gore being shewn on the mast atB. Again. Place one side of the square as before, so that the other side shall be on the next division. Draw the line from this division to the mast, continue this line through the point denoting the 12th division on A E, to the foot of the sail; which will be the 12th cloth in the foot, and the gore will be shewn on the mast for every whole cloth in the foot. Place one foot of your compasses on the mast at the end of the last drawn line. Extend the other up the mast to the end of the next line on the mast, as in the figure. With this extent in your compasses, place one foot on the perpendicular line at the top of the diagonal scale, to the left hand ; and the other foot will extend to the right, to the diagonal line marked 6 nearly. Move both points of the compasses downwards, keeping the left hand point on the perpendicular line, until the right foot rests on one of the diagonal divisions ; which will be the 5th, when both points are mid-way between, and parallel to, the seventh and eighth parallel lines. This gives you 5 feet and tenths of anoth¬ er foot, and is therefore 5 feet 9 inches ; which is the mast gore for every cloth.— Should there be any part of a cloth in the head or foot, take the extent as shewn on the mast in your compasses, and find its length from the scale before men¬ tioned. _ ' I shall now proceed to shew how to cut this sail, and to ascertain the gore in each cloth by calculation. To find the Foot Gore for each Cloth. The foot Gore in the whole number of Gloths is eight feet, or 96 inches. Proceed for the Gore precisely as in finding the Roach in the foot of the Main-sail. The num¬ ber of Cloths on the foot, are 15. 63 First TrMfor 8 Ft. gore for 15 cloths. 96 inches. 8 Ft. gore, for 15 cloths. 96 inches. Second Trial. Third Trial. 8 Ft. gore, for 15 clotiis. 96 inches. 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 3 4 5 6 7 8 9 10 11 12 13 14 15 1 0 1 1 2 3 4 5 6 7 8 9 10 11 13 16 91 Not enough. 120 Inches too much. 96 No. requ'd. That is, each cloth must be gored on the foot, as in the figure ; the first cloth be¬ ing square, which is 0 second and third ; each 1, or one inch fourth, 2 inches, fifth, 3 inches ; increasing proportionably up from the clue to the luff, or tack on the boom. In the head we have ten whole cloths and three quarters, which we shall call eleven, in finding this gore. Thé gore on the head, is 7 feet 4 inches. Proceed as follows :— Gore on the head . . . . 7 feet, 4 inches. Reduced to inches ... 12 . Divide by the number of cloths in the head 11 )88{8 Take the extent in your compasses, from G to B or any where between E F, parallel to the after leech. With this extent, set one foot on the scale without the diagonal on the figure 2, and the other will extend to the diagonal marked 2, near¬ ly. Move both points of the compasses downwards as before directed, and you will find the right-hand point to rest on the first diagonal line, when both points are on the eighth parallel line, which is 21 feet and eight tenths of another foot— being a fraction short of 21 feet 10 inches. Divide this by the number of cloths that require goring on the mast ; or say by proportion thus : As 4^ cloths is to 21 ft. 10 in. so is I cloth to the required number of feet and inches, measured on the after selvage to the gore on the luff. Reduce all the terms to inches! To find the Head Gore. 88 Giving 8 inches, gore on the head to each cloth. To find the Gore on the Mast. 64 As 119 inches is to 262 in. so is 28 to the number required. 28 2096 524 119)7336(61 reduced toft. 12)61 714 196 119 â-l 77 OR BY LOGARITHMS, THUS : Add the log. of the 2d term, To the log. of the 3d term. 262 inches, 28 " And subtract the log. of the 1st term 119 2.41830 1.44716 3.86546 2.07555 And you will have the same result, 61.65=1.78991 Which is 5 ft. 1 inch, and of another inch, I would observe the nearest logarithm was found to be 78993, (proportion neglected.) Proceed for the gore on the mast precisely as for the stay gore on the jib. How¬ ever, as we are now prepared for cutting the cloth, I shall again particularly show how the gore on the mast is to be found, from tlie preceding result of our calculations. I shall therefore make a whole number of the yVtr» by calling it one inch, as marked on the after selvage of the first whole goring cloth in the luff, (fig. 6,) viz. 5 feet 2 inches. To cut the Cloths. Measure the first cloth for the after leech, 37 feet in length, and mark it. Set off eight inches down the selvage towards the foot of the canvass and mark it.. Take a thread to the opposite selvage from this mark, and mark it. Run your twine from this last mark across the canvass, to the mark denoting the whole length of the cloth. Cut through from mark to mark, and you will have the head gore for the two first cloths ; turn your canvass so as to bring the longer selvage to the shorter selvage of this first cloth, so that the two cloths at the head shall be in a line. Measure down by this cloth for the length of the second cloth, and mark it. Take a thread across the canvass to the opposite selvage, and mark it. Set off one inch upwards and mark it. Run your twine from this last mark, to the first mark denoting the length of the second cloth. Cutthrough from mark to mark,and you will have the foot gore for this second and third cloths, both being one inch. (See fig. 6.) Turn your canvass so as to bring the longer selvage to the shorter selvage of this second cloth in a line on the foot. Measure up by this cloth for the length of the third cloth, and cut the gore eight inches on the head as before. Turn your canvass, and place it in a line with this third cloth, measure down for the length of the fourth cloth, mark it. Take a thread from this mark to the opposite selvage, mark it. Set off 2 inches upwards, and mark it. Run your twine from this last mark to the mark denoting the length of the fourth cloth, and you will have the gore on the foot for this 4th cloth. It is evident your canvass on the after selvage, is two inches longer-than the forward selvage ; now, according to the figure, the next cloth requires 3 inches gore, set off one inch on the foot of this, up on the shorter 65 selvage, mark it, run your twine from this mark to the opposite selvage to the extreme point, so as to leave the mark on the canvass. Cut through this mark, and you will have three inches gore on the foot of the fifth cloth j proceed in this mannet for the gore on the head and foot until all the cloths are cut. I shall now shew how the gore on the mast is found, from the preceding calcula¬ tion, by taking the distance from G to B, parallel with the after leech. And first, for the gore on the quarter of the cloth at B. In our calculation we found that 5 ft. 2 inches, was to be our guide for the gore to-.each cloth on the mast, and as we have one quarter or 7 inches of the eleventh cloth to be gored, we will di¬ vide these 5 ft. 2 in. which are 62 inches, by 4. 5,2 12 4)62 12)15,2 1, 3f which is 1 foot, 3 inches and one half. In cutting the head gore for the eleventh cloth, cut the cloth quite through as be¬ fore, set off eight inches on the after or longer selvage of this cloth, from the head downwards, and mark it. Set oíF21 inches from this mark, straight across the can¬ vass, by a thread and mark it.^ Lay your scale parallel with the selvage on this mark, •SO that the upper end shall be a little above the head of this cloth, and with a piece of charcoal draw a line from the head through this mark quite to the extent of the scale ; on which set off from the head downwards, one foot three inches and mark it. Lay your scale from this mark by a thread to the inner selvage and mark the selvage. Cut from this mark diagonally^, to the upper part of the mark on the head, and you will have the gore for this eleventh cloth on the mast. (See fig. 6.) We will presume the canvass was cut last for thé head gore of the eleventh cloth. If so, we have 8 inches gore in the canvass. The next cloth requires 10 inches gore on the foot. Set off 2 inches on the shorter selvage of your canvass, and mark it. Run your twine from this mark to the extreme point of the after or longer selvage. • Cut through this mark, and you will have the gore for the 12th cloth on the foot. Place the longer selvage to the shorter selvage of the eleventh cloth in a line with the foot, measure up by this cloth, for the length of the 12th cloth, and mark it. Set off 5 feet 2 inches downwards from this mark on the after selvage, and mark it. Take a thread to the opposite selvage and mark it. Run your twine from this mark to the first mark denoting the length of this cloth, so as to leave the mark on the canvass. Cut through this mark, and you will have the gore for the 12th and 13th cloths on the mast. Place the longer selvage of your canvass to the shorter selvage of the last cloth in a line. Measure down by .this last cloth for the length of the 13th cloth, and mark it. Take a thread to the oppo¬ site selvage, and mark it. Measure up 11 inches from this mark on the fore sel¬ vage, mark it, and cut the foot gore. Turn your canvass, and set off 2 inches up on the shorter selvage, mark, and cut the foot gore. Measure by the last cloth, and cut the gore on the mast. Cut the next and last cloth with 16 inches gore on the foot, and it is finished. Reef Bands. This sail has three, 6 inches broad, parallel to the foot. The upper reef is near¬ ly half way up the fore leech, and the other at equal distances between that and the foot. 9 66 LÂnings. The after leech is lined with one breadth of cloth from the clue to one yard above the upper reef band. The peek-piece is a yard in length, and the fore leech is lined with a half a breadth of cloth. Slack Cloth. In sewifig on the bolt rope, four inches of slack cloth is taken up with the rbpe in every yard on the mast leech. Bolt Rope. Foot and mast rope, inch. Head rope, 2 After leech, Clue rope, 3f , As I before observed, that the number of cloths in the head and foot of this sail could not be found accurately by the scale and compasses, I shall now shew how they are to be found. " To find the number of cloths required in the head of the trey-sail, presuming the canvass to be 29 inches wide. Take the distance in your compasses from F to B, yvhich you will find equal to 25 ft. 9 inches. Reduce the feet and inches ta inches, and divide by the width of the cloth, less one inch, which will allow for seams. 25 ft. 9 in. 12 28)309(11 cloths, 1 inch. 28 29 28 1 Toßnd the number of clofhs in the foot. Take the distance in your compasses, from'E to A, which you will find equal to 36 feet. Proceed as above. ^ 36 feet. 12 28)432(15 cloths, 12 inches of another cloth- 28 ' 152 140 12 The above calculation, fully proves that the scale and compasses cannot be de¬ pended upon for dividing the lines B F, and A E, with sufficient correctness to find the number of cloths in the head and foot My object in doing this, is, that it might serve as a caution, that too much dépendance should not be placed on the scale and compasses for this purpose. But for the projection they will an¬ swer every puH>ose. If care be taken, the gores can be found to a very great degree of aocut^oy. 6T REMARKS. I would here observe, that the gore on all boom sails, both in the head and foot depend principally on the proportion of the gaff to the boom ; that is, if the boom is long in proportion to the gaff, the less will be the gore in the head ; but, if the gaff be long in proportion to the boom, the greater will be the gore in the head. Fig. 9—represents a schooner^ s mainsail, of the folloxoing proportions,viz. Width on the head, 20 " Length of the after leech, 49 " Take a square, place one side parallel with the after leech, let the other side 68 rest on B, and you will find the gaff perpendicular to the after leech, or parallel .with the other side of your square. Consequently, there can be no gore in the head of this sail, the whole gore being in the loot, which will be found equal to 17 feet, 3 inches ; therefore, all the cloths in the head, must be cut square. The gaff will peek equally as much as if the gore had been wholly in the head. Fig. 10—represents a schooner^ Fore sail, of the following dimensions : Width on the boom, 29 feet, 11 inches. Width on the gaff, 24 " 2 Hoist on the mast, 33 " 9 " ^ Length of the after leech 42 " 7 " Place one side of a square parallel with the after leech, let the other rest on A, and you will find the boom perpendicular to the after leech or parallel with the other side of your square ; consequently, there can be no gore in the foot of this 69 sail, all the gore being in the head, and the cloths in the foot are all cut square ; hence the necessity of projecting this sail. It may not be amiss to observe, that no attention whatever, need be paid to the rake of the mast, as the position of the boom to the mast, is found by measuring from the hoist on the mast, to that part of the boom denotingjtthe extreme width on the foot at the clue, you may draw a straight line representing the mast in any position, only follow the rule for placing the boom with the mast by means of the diagonal, as given in the treysail. (Fig. 6.) Schooner's Mainsail—Fig. 11. 70 Measure from the hounds, down the mast, to the boom, for the hoist on the mast ; from which deduct 6j- or 7 feet. Take the whole lengA of the boom less 7 feet, and the whole lei^th of the gaff less 3 feet. As there are différent opinions, respecting the peek on large boom sails, I shall give no rule for the difference between the length on the mast and after leech. I will only observe, that in projecting the sail, you may place the gaff in such posi¬ tion as best suits you, and cut the sail accordingly. Figure 11, represents a schooner's mainsail of the following dimensions : Hoist on the mast, 38 feet, Width on the boom, 42 feet, Width on the gaff, 22 feet 3 inches, Length of the after leech, 48 feet 9 inches, Diagonal, 49 feet 6 inches. Gore on the head, 4 feet 5 inches. Gore on the foot, 11 feet 6 inches. To find the number of Cloths required in the head, supposing them to he 29 inches wide. Take the distance in your compasses from F to B, which you will find equal to 21 feet 9 inches on the diagonal scale. Reduce the feet and inches to inches, and divide by the width of your cloth in inches. EXAMPLE. Distance from B to F is 21 feet 9 inches. Reduced to inches, 12 Divide by the width of the cloth in inches, 29 )261( 9 Cloths required in the head. 261 To find the number of Cloths required in the foot. Take the distance in your compasses from E to A, which you will find equal to 40 feet 3 inches, and proceed as above. Distance from E to A 40 feet 3 inches. 12 29 )483( 16§ cloths in the foot. 29 193 174 two-thirds nearly. To find the Gore on the mast. Take the distance in your compasses from G to B, which you will find equal to 33 feet. 71 Take the diflerence between the cloths in the head and those in the foot, viz. in the head 9 cloths. In the foot 16f 7| Which I shall call seven cloths and 20 inches of another cloth. Then say by proportion, as 7 cloths 20 inches are to 33 feet, so is one cloth or 29 inches to the required number of feet and inches, on the after selvage to the gore on the mast. As 7 cloths 20 in. are to 33 feet, so is 29 inches to the number required. 28 12 196 20 216 396 29 29 3564 792 216)11484(53 12)53 1080 4 feet 5 in. Measured on the af- 684 ter selvage of each cloth for the gore 648 ' on the mast. See directions for trey- sail and jib. 36 OR BY LOGARITHMS. Add the logarithm of the second term 396 inches, 2.59770 To the logarithm of the third term, 29 inches, 1.46240 4.06010 Subtract the log. of the first term, 216 inches, 2.33445 And you will have the same result. 12 )53 in. .jy^ 1.72565 4 ft. 5 inches. The fractions are neglected in both cases. To find the Gore to each Cloth on the head. Gore on the head is 4 feet 5 inches. 12 Divide by the number of cloths in the head 9)53 1 , , , ^ f> which I shall call 6 inches for the gore to each cloth on the head. 72 To find the Gore for each cloth on the foot. First trial. Gore in the foot is 11 ft. 12 138 0 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 10 145 too much. REMARKS. All gaff and boom sails, such as ship's mizens, or Spankers, brig's treysails, schooner's mainsails, and foresails, sloop's mainsails, &c. are projected, gored, and cut, by the rule heretofore given for the treysail ; you have only to guide yourself by these rules for any gaff or boom sail whatever. And the number of cloths in the head and foot, together with the gore, are found by the rule as given for the mainsail. (Fig. 11.) Canvass, cut goring, will stretch more or less, but if cut by a thread it will stretch but very little, if any. A jib on the stay will stretch considerably, but on the after leech, little or nothing. Schooner's mainsail will stretch on the mast, and if gored much on the head and foot they will also stretch. But the after leech will remain nearly the same. The deductions which have been made on the head and foot of these sails, are for the above reasons. On the mast the deductions were made to allow room enough for the blocks, on the gaff and under the cross- trees, or top, and also for the stretching of the canvass on the luff of the sail. Reef Bands. To have four in number, eight inches broad, and put'on parallel to the foot. They are equally divided about 5 feet each from the tack up the mast. It is customary to have the fourth a balance reef, the band being put on from the nock near the jaws of the gaff, to the third reef cringle on the after leech ; but I have found that such reefs generally set badly, the canvass being very slack, and liable to tear, particularly in sails much worn. I should prefer having this fourth reel' parallel with the foot, the same as the others, placed in such a manner as to make a snug storm-sail when this reef is in. Sscond trial. i in. 0 1 2 3 4 5 6 7 8 9 10 11 12 13 16 20~ 11 138 required gore. 73 Linings. The mast leech is lined with a half breadth of cloth from the tack to the head of the sail. The after leech the same as the brig's ; and the peek is lined with a cloth one yard and a half in length. Slack Cloth, to be taken up in sewing on the bolt rope, is four or five inches in every yard on the mast leech. Bolt Rope. Foot and mast rope, inch, Head rope, 3 inch. After leech, inch. Clue rope, 3f inch. Fore-top-mast Staysail.—Fig. 12. The after leech is generally the same depth as the fore top sail. Sk or seven cloths are allowed in the foot of this sail. Bolt Rope.—Stay foot and leech 2f inch. The foot is cut square. For gore on the stay, see jib. 10 74 Schooner^s Jib.—Fig. 13. This sail must be projected, in order to find the gore on the foot. Dimensions.—Measure from about four feet below the collar of the stay down towards the deck, placing your line as far aft and as high from the deck, as you wish the clue to be, when the sail is set, for the length of the after leech. Mark, and keep the line in this position. Run the other end, or another line to the stay, where you intend the tack shall be, for the length on the foot. Measure, for the hoist on the stay, four feet below the collar to the tack, and project the sail as fol¬ lows ; Draw the line C A at pleasure, on which set off 40 feet. Take the length of the foot in your compasses 30 feet 4 inches, and with one foot on A, describe an arch at B. Take the hoist on the stay 45 feet in your compasses, and with one foot on C, describe another arch, cutting the former in B. Join A B and B C, and it is done. To find the foot Gore. Place one side of a square parallel, or in a line, with the after leech. Let the other side rest on B. Draw the line D B. Take the extent from A to D in your compasses, which will be found equal to 6 feetx^jy on the diagonal scale, which will be the gore in the foot of this sail, and is called a long gore. 7S Bolt Rope.—Three inches on the stay, foot and leech. Clue Rope.—Three and a half inches. Reef is six feet deep parallel with the foot. Clue Piece. One breadth of canvass, from the clue, a foot and a half above the reef. Bonnet. The sail is first sewed together, and the bonnet is then cut off parallel with the foot and is about six feet deep. To find the number of cloths in the foot. Take the extent from B to D, which you will find equal to 28 feet or 7 inches, nearly. Divide this by the width of the cloth in inches. 28 feet 7 inches. 12 28 )343(12¿ cloths in the foot of this sail. 28 63 56 sV To find the gore for each cloth on the foot. We will find this by proportion, and say. If 12 cloths, 7 in. require 74 inches gore, what will 28 inches require, (or one cloth.) 28 96 24 336 7 343 28 592 148 343)2072(6 inches foot gore to each cloth. 2058 14 OR BY LOGARITHMS. Add the logarithm of the second term, 74 inches. To the logarithm of the third term, 28 inches, 1.86923 1.44716 3.31639 2.53529 0.78110 And subtract the log. of the first term 343 inches, 6 inches, To find the gore for each cloth on the stay. As the stay was measured for the hoist of the sail, we have only to divide the T6 length on the stay, by the number of cloths in the foot. As our divisor is let us take 4 times this sum for a divisor and multiply the quotient by 4, thus : Length on the stay 45 feet, Reduced to inches, 12 12¿ four times this sum is 49)540(11 11 49 4 12)44 3 ft. 8 inches gore to each cloth on the stay. BY PROPORTION. - 12,7 45 28 12 103 540 24 28 343 4320 1080 343)15120(44 12)44 1372 — 3 ft. 8 inches, 1400 1372 50 49 1 BY LOGARITHMS. And first by division. From the logarithm of the dividend, 540 2.73239 Subtract the logarithm of the divisor, 49 1.69020 Quotient is 11.2 = 1.04219 4 12 )44 inches. 3 ft. 8 inches. BY PROPORTION. Add the logarithm of the second term 540 inches, 2.73239 To the logarithm of the third term, 28 inches, 1.44716 4.17955 And subtract the log. of the first term, 343 inches, 2.53529 12 )44.08 = 1.64426 3 ft. 8 inches. Figure 14. This figure represents a schooner's Jib with a short gore at the clue. 77 C To find the Gore on the foot. Place one side of a square parallel, or in a line with the after leech, let the other side rest on B. Draw a line as per dotted line in the figure. Take the extent in your compasses from D to A, and this will be the gore on the foot. For cutting the cloths for this sail, see directions figure 1. 78 Figure 16. o o This figure represents a schooner's jib cut square on the foot, which is 30 feet and 4 inches from clue to tack. Presuming the cloth to be 28 inches wide, this sail will require 13 cloths in the foot. Sails of this kind require a small sweep or swell on the foot, in order to prevent the sail rounding upwards when the sheet is hauled aft. The gore, therefore, on the foot, will be most on the first and last cloths, beginning with the longest gore on the first cloth, and diminishing to noth¬ ing towards the middle cloth, leaving more or less square cloths in the middle, at pleasure. The longest selvage of the canvass on the foot is towards the stay, arid is cut down, for the first division. In the second division, the shorter selvage will be towards the stay, the gore being cut up. In the figure, the three middle cloths are left square, the other cloths are gored so as to give 12 inches sweep. First trial Second trial. For 12 in. sweep in 5 cloths. 12 12 Third trial. 12 5 4 3 2 1 15 too much. 4 3 2 1 0 10 not enough. 5 3 2 1 1 12 required gore, as marked on the foot of this sail. 79 The line C D represents the foot of the sail, exclusive of the bonnet. A B the reef band ; both of which are six feet deep. Figure 17.—Topmast Studding-sail. Measure the length of the topmast from the hounds to the heel, for the length of the inner cloth. Cut each cloth with 5 inches gore on the foot.— The inner cloth is 29 feet in length, and has 5 cloths in the head and 8 in the foot, which is the usual size for a ship or brig from 280 to 300 tons. To find the Gore on the leech. By cutting the foot with 5 inches gore to each cloth, it must be evident, that the longer selvage to the fifth cloth, will be 31 feet 1 inch;for this reason, the cloths being gored 5 inches each, five cloths are 25 inches, or 2 feet 1 inch. This, added to the length of the first cloth, will be 31 feet 1 inch. It is fur¬ ther evident, that the three remaining cloths will give 15 inches, or 1 foot 3 inches more. This, added to 31 feet 1 inch, is 32 feet 4 inches. Now this last number being divided by the tliree cloths which require goring on the leech, will give the number of feet which are required to find this gore. 32 ft. 4 in. 12 3)388 12 )129¿- 10 ft. 9^ in. Measured from the head of the sixth cloth down on the inner, or shorter selvage, and marked, as at A. A thread taken to the opposite selvage, as at ß, and a line run from B to C, will evi¬ dently give the leech gote for each cloth. And I will again observe, that all the gores, for each and every sail, are thus found. ' C 80 Fig. 18. As it has been before observed, that a topsail sometimes requires a reaching gore on the leech (in consequence of the top-sail being narrow in proportion to the lower yard,) in order to make the close reef set with a tort band between the lifts ; I think best, to notice it more particularly, by projecting this figure, and making seme remarks on it. The length of the main yard is 44 ft. top-sail yard 30 feet, and hoist 29 feet, the foot has three feet gore ; consequently, the line denoting the middle cloth K C, is but 26 feet in length. In making the usual deductions from the whole length of the yards, viz. 7 ft. for the lower, and 8 feet for the top-sail yard, the sail would be projected by the lines G V, VW, WH and H G. Now it is evident, the sail, could not be cut with a straight leech gore ; for if the extent B X be taken in your compasses, which is half the width of the sail on the close reef, and one foot be placed on C, the other will extend much beyond the mark at D, which denotes the lift on the yard. Now in order to have a straight gore on the leech, and to have the close reef come between the lifts, the sail must be cut according to the projection, by the lines G F, passing through O, (which denotes the extreme width of the close reef) F E, E H and H G. The head in this case would spread but very littlo more than one half the top-sail yard. Therefore, the leech must be cut with a roaching gore as represented by the dotted line GOV. In sails cut with a roach leech, the lower gores are longer than the upper ones. This can only be regulated by the judgment of the person who cuts it ; and care must be taken that the whole of the gores do not exceed the depth of the leech. For those gores that are irregular, and likewise the hollow leeches of top-sails, &c. 110 strict rule can be given ; but by drawing on paper the gored side of the sail 81 and delineating the breadth of every cloth by convenient scale of equal parts, Ohe larger the better) the length of every gore may be found with precision. For this purpose a scale of an inch or half an inch to a foot, should be made use of) any thing less could not be depended on. Square Fore Sail.—Fig. 19. ' 1 This sail is usually cut square, and therefore any remarks on the subject are unnecessary. - , However, the fore yard is sometimes so square, that the sail requires a gore on the leech, as in figure 20, diminishing from the head earing to the clew ; in this case, it is evident that the reef earing will come inside of the head earing. Con¬ sequently, the reef earing must be passed round the head of the sail, and is there- fbre liable to chafe the canvass above the reef. A foresail with a small gore on the leech, similar to the mainsail, will reef much better than either of the others.— A sail cut in this manner is to be preferred, as it is reefed with les^ trouble. It is the practice with our sail makers to take in a portion of slack cloth on each side, in roping a sail. They appear to have no particular rule for the number of inches to be taken up in a yard, or foot, in length. You will therefore be govern¬ ed by your own judgment respecting this, only remember, that canvass cut goring will stretch considerably, but if cut by a thread, little or nothing. Fig. 20. - 82 TO CUT A GANG OF RIGGING. Every seaman knows, that before a gang of rigging can be cut, the ship or ves¬ sel must be carefully projected, and the masts, yards, &c. placed in their relative situations. Figure 41 was projected from the following dimensions; Length on deck, 100 feet, ' Breadth of beam, 26 feet. Depth of hold, 16 feet. The preceding rules were consulted for placing the masts, for ascertaining their length, the breadth of the tops, the proportion for the width of the yards, &c. ; and the figure projected accordingly from the small diagonal scale. RULE. Take from the scale 100 feet, and set it off for thp length on deck ; divide this length into sevenths ; place the foremast one seventh from the stem ; the main¬ mast three sevenths from the foremast, and the mizenmast two sevenths from the mainmast. The length of the mainmast is two and a half times the ship's beam ; the whole length of the mast, therefore, is 65 feet. From this length, deduct the depth of the hold, (16 feet,) the length of the mast head, (10 feet,) and the depth from the rail to the deck, (4 feet,) and you will have the length required, (35 feet.) Set off this length, perpendicular to the rail, from the point denoting four sevenths of the ship's length ; at the rail, draw a line representing the mast ; on the end of the last drawn line, draw another line perpendicular to it, on which set oif 13 feet for the width of the top, so as to leave at least one half on the after part of the mast ; and this will be the length of the mast from the hounds to within 4 feet of the deck. Draw the head 10 feet in length ; set off from the hounds 39 feet, for the whole length of the topmast, which is three-fifths the mainmast's length. Draw a line 6 feet below the topmast cap, to represent the crosstrees, which make equal to 4 feet on the after part of the mast. Take half the length of the topmast for the length of the top-gallant-mast. , The Royal-mast, including the pole, is about two-thirds the length of the top¬ gallant-mast. The main-yard is twice the ship's extreme breadth, equal to 52 feet. . Main-top-sail-yard, two-thirds of the main yard, " " 35 feet. Main-top-gallant-yard, two-thirds of the main-top-sail-yard, " 23 feet. Royal-yard, two-thirds the length of the top-gallant-yard, " 15 feet. RIGGER'S RULE FOR MEASURING AND CUTTING THE RIGGING—illustrated by fig. 41. • Starboard Swifter. Set off half the ship's beam, 13 feet, from the point in the middle of the main¬ mast, aft, and mark it. Draw a line from this mark to the centre of the mainmast, at the hounds. Take the extent of this line in your compasses, which will be found equal to 37 feet nearly. As the swifter is served, and will not stretch so much as the other shrouds, it will be necessary to add to this length six inches ; 83 and with five shrouds on a side, the pendant will be the other leg to the softer. You must allow one foot and a half for each leg of the eye, in addition, a^follows : Extent from hounds to the lower dead-eye is - - - 37 0 ft. Add six inches to the swifter - - r ® Add eighteen inches for one leg of the eye - • - - ^ ^ Whole length of the swifter to the middle of the eye on the mast 39 0 Mark this length on your rope : from this mark set off eighteen inches for the other leg of the eye - - ~ - - 16 Set off six feet for the pendant - - 7 - 6 0 Whole length of the swifter and pendant - - - - - 46 6 Cut the rope 46 feet 6 inches in length. Double the rope, so as to have the 39 ft. mark exactly in the middle of the eye ; bring the two legs together ; measure down from the middle of the eye, two feet nine inches, and mark it. Pass your seizing from this mark, down towards the dead-eye. This shroud goes over the mast-head, on the starboard side, with the pendant aft. Larboard Swifter, Is measured, marked, and cut as the former ; only observe to add the diameter of the rope to its length. The seizing for the eye, is placed the diameter of the rope far¬ ther down towards the dead eye. In placing the Swifter over the mast-head, let the pendant be aft. ■ Second and third Shrouds, (Starboard.) Measure the second Shroud by the length of the larboard Swifter from the middle of its eye, less six inches. Add to this length, twice the diameter of the rope, and mark if. Measure the other leg, or third Shroud, the same length as the second, and add three inches to its length. The seizing for the eye is placed the diameter of the rope farther down than the last seizing. Second and third Shrouds, (Larboard.) May be cut by the last pair ; only observe to make proper allowance for the diam¬ eter of the rope. . - , T Fourth and fifth Shrouds, (Starboard.) Measure the forward leg by the after leg of the last pair, from the middle of the eye, and add three inches to its length. Allow for diameter, and mark tTie middle of the eye. The after leg must be four inches longer than the forward leg. (Fourth aad Fifth, Larboard.) Measure by the last pair, and allow for diameter. ' ■ . ' Fig. 43, represents the Rigger's method of ascertaining the lengths of the odier shrouds, by the swifter. The legs are stopped together, where the seizing is intended to he placed. The swifter is {hen straightened on the floor of the lolt, and a line drawn six inches above 84 its lower end. * Another line is then drawn at the upper part of the eye, as in the fig¬ ure. The swifter for the opposite side of the mast is then measured by it, the eye be¬ ing formed by the eye of the first swifter, in such manner that the middle of the bite of the rigging shall be its diameter, above_the middle of the eye of the first swifter, as in the figure. The legs are then stopped together directly over the before mentioned stop, and cut. In measuring for the second and third shrouds, the end of the rigging is placed on the lower line, and "measured by the swifter, the eye being formed by the eye of the second swifter, so as to have the middle of the bite of the rigging its diameter, above the middle of the eye of the last cut swifter. The legs are then stopped together di¬ rectly over the other stops, and the after leg cut, three inches below the mark on the floor. The second pair, opposite, are cut the same length, allowing for the diameter of the rope, as before. Continue so to do, until you have the number of shrouds, required ; observing to place each pair of shrouds at the eye, its diameter above the eye of the last cut shroud and cutting the ends as much below the mark as required, and stopping the eyes of each, respectively, one above the other in a line. By proceeding in this manner, the necessary allowance will be made in placing the shrouds over the mast head, for the diameter of the rope, as they rise one above the other. (See fig. 43.) Before we proceea any farther, I will endeavor to show how the length of each shroud may he found, to a great degree of accuracy. Let fig. 42 represent the main¬ mast of fig. 41 ; the sidè A, a view of the mainmast as seen from the after part of the ship ; let us suppose the main-mast to be perpendicular to the deck, and we shall have its length, 35 feet for one side, and half the breadth of beam, 13 feet for the other to find the angle a v C, and hypothenuse, or swifter. It is thus stated by Case 4, Trigonometry, to find the angle a v C, As the perpendicular C v 35 feet. Is to radius » So is the base C a To the tangent of angle a v C 20® 22' To find the hypothenuse, or swifter. As radius Is to the length of the mast, 35 feet So is the secant of a v C 20° 22' To the hypothenuse or swifter, 37^*^ This supposes the breadth of beam at the rail, or lower dead eye, to be the same as the breadth on deck. -r I will now shew the principle on which fig. 42 is projected. The points a b c d e, represent the five dead eyes to the lower rigging ; the lines C a, C b, C c, C d C e, the distance from the centre of the mast C to each dead eye ; (supposed to be two feet distant from each other ;) the arch D E, being described about the centre C, for the purpose of finding the angles. But, as this projection is on so small a scale, I will re¬ fer you to fig. 44, which is projected from a scale of a tenth of an inch to a foot. Now, . 1.54407 10.00000 . 1.11394 9.56987 10.00000 1.54407 10.02804 1.57211 85 to project this figure proceed as follows. Draw the line Ç E, whicb make equal to 35 feet, for the length of the mast from the hounds to within four feet of the deck. Draw C D perpendicular to C E, at pleasure, off which set off 13 feet, for half the ship's beam. Draw the line F G, perpendicular to C D, on which set off the distance between the dead eyes. Draw the lines from C to the points on F G, with the ex¬ tent of each line respectively in your compasses, describe an arch cutting the line C D, as in the figure. Draw the lines from E to the points on the lines C D, for the five shrouds. Take the distance from the points on the line C D to E, and you will have the length of each shroud respectively, on the supposition that the mast is per¬ pendicular to the deck. This method will answer every purpose, for most full built vessels ; as a small deviation in the situation of the mast from a perpendicular line, will make but a very little difference. But should the mast rake much, proper allow¬ ance should be made. From the above hints any one who is acquainted with trigo¬ nometry will find it easy to ascertain the exact length of the shrouds, for a mast in any position, by means of a perpendicular, let fall from the point denoting the hounds of the mast. ' " Having shewn how the length of the shrouds are found by projection, let us de¬ monstrate the principle by Case 4, Trigonometry. To find the length of the third shroud, it will be necessary for us to find the length of the leg C c. (Fig. 42 and 44.) As half the breadth of beam, 13 feet, 1.11394 Is to radius . . 10.00000 So is the distance between the first and third dead eye, 4 feet, 0.60206 To tangent of angle a C c, 17° 6' 9.48812 As Radius 10.00000 Is to half the breadth of beam 13 feet, - 1.11394 So is the secant of angle a C c 10.01964 To the leg C c, 13 feet or f of another foot, d335S From this we will proceed to find the length of thé third shroud. As the distance on the mast to the hounds, 35 feet ^ » 1.5440T Is to radius • 10.00000 So is the distance from the centre of the mast to the 3d dead-eye, 13,60 1.13354 1o the tangent of the angle at E, 21° 14' 9.58947 By making use of this angle, it will be to find the hypothenuse or third shroud. u f u ■ 10.00000 is to the length of the mast 35 feet ' 1 54407 So is the secant of angle E 21° 14' - " lo!o3053 To the hypothenuse or third shroud 37 feet . ' - 1.57450 rinïm í" -í« (^S- 42) is represented by fig. 44 ; and in refer- g to It, you must consider the letters at the points abc, &c. to be the same. The 86 only diíFerence is, that one was projected from a scale of 20, and the other from a scale of 10 parts to the inch. By logarithms, we find the side C c, 13 feet f, or 7 inches of another foot, nearly ; the extent from C to the third dead-eye, (fig. 44) will be found equal to 13 feet, and , a little more than one half-of another foot. And the length of the third shroud is found to be, by logarithms, 37 feet or one half of another foot, nearly ; and the extent from E to the point representing the third dead-eye on C D, will be found equal to 37 feet, and rather more than one half anoth¬ er foot. Hence we have proved that the projection can be depended on, and is suffi¬ ciently correct for any purpose, whether for vessels of the first rate,'or a boat of 30 tons. The length of every shroud and back stay, may also be found in this manner. The side B, fig. 42, represents the same view of the main-mast as in fig. 41, each shroud being drawn from the mast to the rail, or upper dead-eye. Now, from a bare view of the figure, it must be evident that the angle formed by the shrouds and mast, in this representation, with the exception of the first, will be by far too great. Con¬ sequently, the length of the rigging cannot be found accurately, and a projection of this kind should not be attempted. Main Stay. . Take the extent from the hounds of the mainmast to the dead-eye in the hawse piece. Add to this length, the length of the mainmast head. Raise the inousing twice the length of the mast head from its end, for the collar of the stay. Turn in your dead-eye, so as to have the end of the stay about three and a half feet from its lower part. Main Topmast Rigging. Takethe extent from the hounds of the topmast to the dead eye on the top, for the forward shroud. Add to its length three inches. Cut the second shroud by this, less three inches. Cut the third shroud the same length as the forward shroud. ■ The eye of the first shroud is eighteen inches from the middle to the seizing. Allow for the eye as in the lower rigging. - Main Topmast Back-stays. Take the extent from the hounds of the topmast to the lower dead eye, less two fe.et. Allow for the eye as before directed. Turn in the dead eye, so as to have the end of the stay two and a half feet from its lower part. The eye is the same as in the topmast rigging. Main Topmast Stay. Take the extent from the hounds of the topmast to the fore cap, and the extent from the cap to within four feet of the deck. Add to this length seven feet. Set off 14 feet from the end of the stay, and mark it. Tuck your ends through the rope at this mark, and you will have a collar of 14 feet circumference nearly. Turn the dead eye in at pleasure. Main Top-gallant Rigging. Take the extent from the hounds of the top-galfant mast to the cross-trees, less six inches. Cut each shroud the same length. 87 Main Top-gallant Stay. * Take tlie extent from the hounds of the top-gallant mast to the fore topmast cap, and from the cap to within three feet of the fore top, if you intend the stay shall set up in the top, or by a gun tackle purchase on deck. Main Top-gallant Back Stays. Take the extent from the hounds of the top-gallant mast to the lower dead eye, less' six feet. Fore Stay. Take the extent from the hounds of the foremast to the bow-sprit at the lower heart,, less two feet. (The lower heart is two-thirds the length of the bow-sprit, from the knight-heads.) To this length, add the length of the mast head, and raise the mous¬ ing the same distance from the end, as in the main stay. Turn in the upper heart so as to have the end of your stay three feet and a half from its lower part. Fore Topmast Stay. Take the extent from the hounds of the topmast to the cleats (orbea) on the bow¬ sprit, and from the cleats to the knight-heads, less four and a half feet. The eye is of the same length as the main topmast stay, for which you must allow Turn in the dead eye, so that the end of the stay shall be two and a half feet from its lower part. The standing stay is on the starboard side of the bow-sprit. Fore Topmast Back Stays. Cut and fitted the same as the main-. Jib Stay. Take the extent from the hounds of the topmast to the sheave hole in the jib- boom, from thence to the strap of the fore stay on the bow-sprit. The eye must be the same size as in the fore topmast stay. Fore Top-gallant Stay. Take the extent from the hounds of the top-gallant mast to the jib-boom end, from thence in on deck., ' • ^ - - - Flying Jib Stay. Take the extent from the hounds of the top-gallant mast to the sheave hole in the flying jib-boom-end, from thence into the heart of the fore-stay. These extents, being taken from the scale by which your figure was projected, will give the required length of each shroud, back-stay. Sic. But the allowances for the eyes must be made as before directed. I have supposed the masts, tops, cross-trees, Sic., to be drawn with a single line, as in figure 44. No attention need be paid to the thickness of the spars, or mast-heads, in projecting a figure of this kind, as the neces- saiy allowance to the length of each rope, for the eyes, &sc. can be made without this trouble. . • The yards in-figure 41, are supposed to be hoisted up. Now, in order to find the 88 lengih of our running rigging—say the main topsail clew-line—take the extent from the quarter block on the topsail yard to the lift on the main yard. Take double this length, as found on the scale. Then take the extent from the quarter block again to the rail down the mainmast, and you will have the length required. In the figure, this rope may be represented to pass through the lubber hole, but it is quite unimportant. In this way the length of all the running rigging may be ascertained.' To find the length of the Lifts. Place the yards as in figure 42, and measure for their length as for any other rig¬ ging- Scraps on ike bow-sprit are placed as foliotes ; Strap to the heart of the fore stay, two-thirds out on the how-sprit, from the knight- heads. Strap of the inner hoh-stay, six inches without the strap of the fore stay heart. The outer hoh-stay dead-eye, is within three or four inches from the inner part of the how-sprit cap. Strap of the how-sprit shrouds, close to the strap on the outside of the inner hob-stay. The size of the rigging for a ship about 300 tons, is usually as follows : Main shrouds, 7 inches. Main topmast shrouds, 4a inches. Main top-gallant mast shrouds, 3¿- inches. Main stay, 7J inches. Main topmast stay, fin inches. Main topmast hack stays, 5J- inches. Main top-gallant stay, 34 inches. Main top-gallant hack stays, 3f inches. The fore topmast and top-gallant rigging, the same size as the main, excepting the head stays. Fore stay, 84 inches. Foré topmast stays, 5| inches. The inner hoh-stay, the same size as the hack stays. Mizzen Rigging. Mizzen shrouds, 5 inches. Mizzen stay, G inches. '* Topmast shrouds, 3|- inches. Topmast stay, inches. Topmast hack stays, 5 inches. Top-gallant shrouds, 24 inches. Top-gallant hack stays, 3 inches ; top-gallant stay, 2f.- In measuring for the top-gallant rigging, as before directed by the figure, no allovv- ance need he made for the eyes. All rigging should he well stretchéd before it is measured and cut. The strap for the mizzen slay on the mainmast, is generally about 10 feet from the deck. TABLE OF CORDAGE, 89 Shewing how many fathoms, feet, and inches of a rope, of any size, (not more than 14 inche°s) make a hundred weight, with the use of the table. S O S Qj cd <¡í 486 . O 313 . 3 216 159 124 96 77 . 3 . 65 . 4 . 54 . O . 45 . 5 . 39 . 3 . 34 . 3 . 30 . 1 . H 4| 5 5i H 5^ 6 H H 6i 7 n s o .c cS El4 O) .c u c 26 24 21 19 17 16 14 13 12 11 10 9 9 5 . 3 O . O 3 3 4 1 4 3 2 3 4 5 1 o s ? 8i ? 9i H 9f 10 lOi lOi B o ~ a> cs V 4> JS O e 4 3 3 8 8 7 7 6 6 . 2 6 . O O . 8 4 . 3 1 O O O 4 2 O . 6 5 . O 4 2 4) O ra S .§ - ra 0) fe fe lOf 11 Iii Hi Hi 12 12i m 12i 13 13i 13i 13i 14 ra JS o d 1 O 5 4 3 2 2 2 7 5 4 4 3 2 8 3 7 1 3 3 1 O 3 3 9 0 6 1 USE OF THE TABLE. At the top of the table marked inches, fathoms, feet, inches, the first column is tha thickness of the rope in inches and quarters, and the other three, the fathoms, feet and inches, that make up 100 weight of such a rope. Rule. Enter the table in the column marked inches and take out the correspond¬ ing number from the right hand column, marked fathoms, feet, and inches and you will have the weight required. Let it be required to find how much of 10 inch rope will make a hundred weight, opposite to. 10.in the fifth column you will find 4 . 5, which shews there will be 4 fathoms, 5 feet, to make up one hundred weight. A TABLE, Shewing the weight of any Cable or rope of 120 fathoms in length, and for every half inch, from 3 to 24 inches in circumference. Inch Cwt. qrs. Inch.| Cwt. qrs. Inches. Cwt. qrs.|Inches.| Cwt. qrs. Inches. Cwt. qrs. 3 2 1 7 12 1 11 30 1 15^ 60 . 0 20 100 . 0 3^ 3 0 n 14 0 llf 33 0 16 64 . 0 m 105 . 0 4 4 0 8 16 0 12 36 0 16J 68 . 0 21 110. 1 H 5 0 18 0 m 39 0 17 72 . 1 21i 115 . 2 6 6 1 9 20 1 13 42 1 m 76 . 2 22 121 . 0 7 2 22 2 IH 45 . 2 18 81 . G 126 . 2 6 9 0 10 25 0 14 49 0 m 85 . 2 23 132 . I 10 2 m 27 2 m 52 2 19 90 . 1 23¿ 138 . 0 15 56 1 m 95 . 0 24 144 . 0 USE OF THE TABLE. The first column, marked for inches, is the thickness, or the circumference of the Cable to every half inch, from 3 to 24 inches ; the second, marked cwt. qri. for tha hundred weights and quarters that it will weigh, if 120 fathoms in length. 12 90 Rulb. Seek in tlie column marked inches for the given size of the cable or rope, opposite to which, in the right hand column, you will find the weight required. EXAMPLE 1. Let it be required to find the, weight of a Cable 24 inches circumference, opposite 24 in the column marked inches, is 144, which shews that 120 fathoms of 24 inch Cable, will weigh 144 hundred weight, and so with other sizes and any quantity of less length will weigh in proportion. EXAMPLE 2. A ship riding at anchor in a gale of wind, but striking adrift it was thought safest to cut the cables, and make sail, in consequence of which, she lost 75 fathoms of 16 inch and 60 fathoms of 14 inch cable, what must they be valued at, in calculating the aver¬ age, new cordage being then 12 dollars per cwt. Calculation. ^ ■ 120 fathoms of 16 inch cable is 64 cwt. 120 fath. 14 inch is 49 cwt. 60 " " " " 32 60 " " ' " " 24¿ 15 " " " " 8 75 fathoms, weighing 40 60 " " 24^ 64¿ cwt. at $12 per Cwt. $774.00 one third deduct for new, 258.00 $516.00 Answer. A TABLE of the number of threads and the weights of Cables of different cir¬ cumferences. All Cables ought to be 120 fathoms in length ; for which purpose the threads or yarns, must be 180 fathoms, inasmuch they are diminished one third in length by twisting. The number of threads also, of which each Cable is composed, being always pro¬ portioned to its length in thickness, the weight and value of it are determined by this number. Thus a Cable of 10 inches circumference ought to consist of 485 threads, and weigh 1940 lbs. and on this foundation is calculated the following table. Inches. Threads. Potinds. 9 393 1527 10 485 1940 11 .598 2392 12 699 2796 13 , 821 3284 14 952 3808 15 1093 , 4372 16 1244 4976 17 1404 5616 18 1574 6296 19 1754 7016 20 1943 7772 9] ON THE ADJUSTMENT OF THE SEXTANT. Before we enter particularly on the adjustment of the Instrument, permit me to call your attention to the following observations : ^ " It must be acknowledged by every one, that the safety of commerce depends much on the improvement of navigation ; therefore, the keeping of an exact reckoning, and being versed in the Lunar Observations, is of the utmost importance ; the neglect of which not only affects the reputation of the mariner,, and the safety of the ship, but has caused the loss of many valuable lives, and the ruin of numerous families. A proper experience in these matters, should be the chief concern of those who undertake the navigation of a ship, whereby the lives and fortunes of men are committed to their charge. By the knowledge of Lunar Observations, and a constant and careful prac¬ tice of the same, they may not only bear the name of navigators, but likewise prove themselves worthy of the confidence reposed in them. When the commander of a vessel can take a sextant, and measure the distance between the sun and moon, or moon and stars, and in a few minutes ascertain his longitude within ten or fifteen miles, it must be pleasing to every mariner on board, as it not only prevents delay, but secures lives and property." How often do we hear of vessels, after arriving in the latitude of their port, running down two, three, five days, &ic. ! What greater proof need we have, that Dead reckoning at the best, is very imperfect ? A person may keep the most exact reckoning, unassisted by Lunar Observations, and yet be many degrees out of the way. It is by mere chance that such a reckoning is ever found correct in making the land. It is well known to every navigator, that the latitude by Dead reck¬ oning, and that by observation, are frequently found to differ twenty miles ! Now in order to correct for this difference, be is to suppose that it arises either from bad steer¬ ing, an error of judgment in marking the ship's way, or unknown currents. Let us suppose he is steering a south east course, and the difference of latitude by observation, exceeds that of Dead reckoning by twenty miles*—I would ask, how is he to ascer¬ tain the point to which this current is settingPerhaps he may judge south, S. W., or S. E. It is evident, that some point must be guessed at ; for certainly there can be no judgment in this case, unless we call guessing, judgment. Suppose he guesses the wrong point S. W. for S. E., and corrects his day's work accordingly; then the error is certainly doubled, not corrected. We alt know (he current can be tried only at particular times. At a port on the coast of Guiana, some years since, I became ac¬ quainted with a master of a vessel, who gave me the following account of his passage from a port in the. United States. He said, I followed the directions for this Coast im¬ plicitly ; making every reasonable allowance for currents on my passage, and shaped my course for the point directed. When in the latitude of my port, I bore away west with a light wind from the eastward, and for the most part of the time since,.have ex¬ perienced strong southerly currents ; and it is now fifty days since I bore away j being nearly double the time of my whole passage across the North Atlantic Ocean. This undoubtedly was owing to his being too far to the windward ; how far he was to wind¬ ward, remains to be determined. It is a fact not to be denied, that many vessels running for Cayenne and Surinam, after arriving in the latitude of their port, have been very nearly as many days from this point to their port, as they were in crossing the whole extent of the North Adantic. And I never knew one who was acquainted with Lunar Observations, to find the least difficulty. Hence the delay, occasioned from ignorance of a proper system of navigation, sub¬ jects the merchant to very heavy expenses, and keeps the mind of the master in a con¬ tinual state of anxiety. The wages are going on, the provisions consuming, and the "And this to be the efTect of current. i 92 cargo perhaps perishing ; and beside this, perhaps a good market is lost. The under¬ writers also are very much interested ; for if a vessel be navigated altogether by dead reckoning, the risk incurred is by far greater in every respect. And indeed, all who are interested at all in the voyage, are more or less concerned. The underwriter for the safety of the ship, the owner for the prospect of the voyage, and all on board, more or less for the safety of their lives ; particularly in approaching a shore where there are no soundings. Lunar Observations not only enable the navigator to ascertain his longitude to a very great degree of accuracy, but his latitude can be obtained at the same moment from the correct distance, at any time in the twenty-four hours, when the sun and moon, or moon and stars, are to be seen. Therefore, the Lunar Observations cannot be esti¬ mated too highly by the merchant, the underwriter, and the navigator. The correct¬ ness of these methods have been fully and abundantly proved at the Porti.and Nai7- tical Academy within the last eighteen months; the number of sets of observations, between the sun and moon, and moon and stars, have exceeded three hundred, or nearly one thousand observed distances; and in no one instance, has the longitude differed from the longitude of the building, over fifteen miles. When the distance has not exceeded 90°, the longitude has generally been from 70» 13', to 70 23, and a very great proportion of the observed distances has given the longitude to a mile. The latitude from the corrected or true distance, has never differed from the latitude of the building over 30 seconds of a mile. The altitudes of the objects were invariably calculated. But notwithstanding all this \)rooipositive, some appear to have their doubts respect¬ ing the correctness of Lunar Observations. Others appear determined, rnerely from opposition, not to be convinced. I would therefore beg permission to call the atten¬ tion of such persons to the following considerations, and if viewed with a candid, un¬ prejudiced mind, I verily believe it will remove all doubts and oppositions. 1st. I would have you consider the character of those who have been engaged in constructing the formulas and rules in the higher branches of Nautical Science, for the use of seamen. Among them you will find one of our own countrymen, atid one of the first on the list, viz. Dr. Nathaniel Bowditch. I will ask, if it is not preposterous in a person, who is unacquainted with Astronomy, Spheric calculations, and Mathe¬ matics generally, toset himself up in opposition to one of the greatest Mathematicians the world produces ? I ask, will the merchant be more inclined to employ us, will the underwriter be induced to write for a less premium, and will people generally infer, that we are better qualified to take charge of the lives and property committed to our trust, than if we were well informed on these subjects ? Rather, will they not infer, that there is a great deficiency, a great want of skill in matters properly belonging to us I 2d. I would have you cast your eyes across the Atlantic, to the R.oyal Observatory at Greenwich, (England,) and see who are there wholly devoted to that valuable work, the Nautical Almanac, designed principally for the use of seamen. Undoubtedly you will admit that their calculations are correct ; although you are unacquainted with the nature of such calcutations. I will ask, if it can be supposed, that a work of so high a character can he lessened in the estimatiou of the public, by the opposition of a few, who are wholly unacquainted with the nature of such calculations. 3d. What were the views of. the British Parliament, when they offered ¿€30,000. sterling (about one hundred and thirty-three thousand three hundred and thirty-three dollars) to any Mathematician, who should construct a formula by which the navigator could obtain his longitude to within one degree^ and wh.at were their views on the subject of Dead reckoning ? 4th. Will not the thousands who have crossed the Ocean, as wjll as those who 93 have circumnavigated the Globe, by Lunar Observations, and have proved them be¬ yond a doubt to be correct, convince you ? Let us take one more view of the subject. When you take your departure from the land, undoubtedly it is a custom with you to ascertain the longitude of the point or place from which you take your departure, by the tables \ and no doubt you,place the most implicit confidence in the longitude thus obtained. In shaping your course for your port of destination, again, you have recourse to the tables for the longitude of thé port. Here I will ask you, how the longitude of these two places on the Globe was ascertained } 1 will answer, no doubt by Lunar Observations. Then it appears you are in reality depending on the very thing you pretend to condemn. This alone should put a stop to any further speculation on the subject. We will now proceed with the adjustment of the sextant. The first thing to be attended to will be to set the index glass perpendicular to the plane of the instrument. Move the index until the nonius on the vernier (or index) cuts about 60 degrees.— Hold the index glass near the eye, and see if the reflected arch appear exactly in a line with the arch seen direct. If they do, the glass is perpendicular ; but if they do not, the error must be rectified, by loosening the one screw, and tightening the other, on the base back of the index glass ; continue so to do, until the true and reflected arches are seen in one straight line, and this adjustment is perfect. •You must observe to make this adjustment, in such a manner, that the index glass be perfectly firm on the instrument, so that it cannot be moved by hand ; and when once so adjusted, it may remain for years. The next adjustment is to make the horizon glass perpendicular to the index glass. Make choice of such screen horizon glass, or glasses, to defend the eye from the Sun, as will make a pleasant shade for the eye. Turn down such screen glass, or glasses, as you intend using, to measure the distance between the sun and moon. Now, be careful to observe, that these glasses must not be shifted, until you have finished the adjustment of the instrument throughout. Set the index on nonius, look through the telescope at the direct image of the sun, and if you see but one image, round and well defined, the sextant wants no adjustment : but should there be a false limb, either on the one side or the other, thus, you must move the tangent screw underneath the horizon glass, /'íilllfeli image is perceived, and _ this adjustnient is com- |jl|||i j ( plete. However, should the par¬ allelism of the horizon glass be V^liy imperfect, you would ¡)erceive a portion of the reflected image ^ of the sun, either above or below the true image thus : To make this adjustment, turn the lever to the horizon glass, until the reflected covers the true image, and it is done. As many Instruments are not provided with an adjusting lever to the horizon glass, I shall proceed to show how this is to be found ; which we shall call the Index Error. Move the index forward until the upper limb seen by reflection, coincides with the lower limb seen directly ; then bring the lower limb seen by reflection, to coincide with the upper limb seen directly. If both these measures are taken on the same side of 0 on the arch, half their sum will be the index error, additive, if to the right of 0,—sub- tractive, if to the left. But, if one of the measures be taken to the right, and the other to the left of 0, half their difference will be the index error ; which will be ad¬ ditive when that diameter taken to the right, exceeds that taken to the left, otherwise subtractive. In reading oíT the back arch, observe the following Rule. The degrees on the arch of most sextants now in use, are divided into 1.5 miles, and the miles on the index 94 extend from 0 to 15. These are divided into 15 seconds each. Next to them, the most common divisions are, 20 miles on the arch to a degree ; and the miles on the vernier or index, extending from 0 to 20, and these, divided into 30 seconds, (or half a mile.) Let us suppose you bring the lower limb of the sun by reflection to coincide with the upper limb seen direct : Thus : Reflected image. True image. And should find the 0 on the index, to stand between the first 20 and 40 miles to the right hand of 0 on the arch. Now in order to find the whole number of miles, call 20 to the left hand on the index, 0 ; and 19 one ; 18 two ; 17 three ; 16 four ; 15 five ; 10 ten ; 5 fifteen, &,c., and it is evident, by reversing the index in this manner, that whatever mile on the index is cut by a division onjhe arch, will be the number of miles from 0 on the arch to 0 on the index. Let us suppose that 5 was the number on the index cut by a division on the arch. Now, by reading from left to right, counting 20,0, it is evident that 5 shews the number of miles to be 15. This, added to the 20, gives 35, being the sun's diameter measured on the back arch, or to the right of 0. Having thus found the sun's diameter on the back arch, move the index for¬ ward, until the upper limb seen by reflection, coincides with the lower limb seen direct. Thus : True image. Reflected image. Let us suppose you find 31 min. and 30 sec. to the left ofO on the arch. Then it is evident, there is an error in the instrument, of half the difierence between the two measurements ; and this error is additive, because that taken to the right of 0, on the arch, exceeds that taken to the left. Had the angle been the same each way, the in¬ strument would not have had any error. The measures would stand thus : Reflected image. True image. True image. Reflected image. ■ Back arch 35' 00" Fore arch 31 30 2)3 30 1 45 Additive—which must be used as a constant quantity and added to all observed dis¬ tances or altitudes. 95 As I before observed, that you should be careful not to shift the glasses while ad¬ justing, and to use the same screen glass or glasses, which you observed by iu the day time, 1 shall now give my reasons forit. In most instruments which I have examined, 1 have found the surfaces of the colored glasses more or less unequal, which gives them a refractive power, hy which the reflected object is thrown from its true position. Now, by finding the index error by the glass or glasses used in measuring the distance, it must be evident that this error is shewn on the index, which ever way it may be.— Therefore, there can be no necessity for ascertaining the error in these glasses alone ; which is somewhat difficult to come at by the sun, as some of them make the reflected image very dim, while others are not a sufficient screen, for the eye, the sun being too powerful. As the light red, and green glasses are used in measuring between the stars and moon, you may find the index error by the moon when full, if the limh be well defined. Should there be a difference between the index error thus found, and that found by the sun, it is evident that this difference arises from the unequal surfaces of the colored glasses.* In this case, you must be careful to apply the error to the observed distance, according to the glasses used ; that is, if you use the green glass in measuring, apply the error as found by that glass, if the light red, apply the index error as found by that glass. Sic. The annexed figures will enable any-one to ascertain how the horizon glass stands with the index glass. Fix the index on 0, look directly to the sun, and if or thus, the sun appears thus, the horizon glass is not per¬ pendicular to the index glass. If thus. or thus, the horizon glass is not par¬ allel with the index glass. If thus. or thus, then the horizon- glass is neither parallel nor per¬ pendicular toi the index glass. In adjusting the instrument, you must use the inverted telescope, which must be parallel to the plate of the instrument. (See directions in the Epitome to Navigation, for making it so.) I would also recommend its use, in measuring the distance, par¬ ticularly on long distances, as by a little practice, it can be used with a great degree of Caution to he observed in taking the Distance. If the direct telescope is used, you should be particular to bring the limbs of the objects as near the centre of the telescope as possible. The plane tube should never be used for a Lunar Observation, as no manner of dependence can be placed on it— In reading off the Distance and Altitudes, it is highly important that you observe care¬ fully, whether they are correctly set down on the slate by the person entrusted with that charge. * If the instrument in other respects holds its adjustment. 96 Those who take the Altitudes, should be cautioned to tighten the thumb-screw to the index of the quadrant, before it is taken from their eye ; as the index might move by its own weight. If it he night, and the horizon cannot he depended on for meas¬ uring the Altitudes, they can he calculated to a very great degree of accuracy ; and I should much rather depend on the Altitudes found by calculation than observation. 97 TRIGONOMETRY. A knowledge of Trigonometry is necessary to a complete and intelligent acquain¬ tance with the science of navigation. It gives to the navigator who is well versed in its principles, a very decided advantage, in many cases, over one who is ignorant of them. It is of great use in ascertaining the heights and distances of objects at sea. Also in surveying coasts and harbors, and in projections of all kinds. It is a great assistant in the art of saij-making, and cutting rigging, as well as in constructing and correcting tables for the various purposes of a sea-faring life. And the seaman, who lias made himself master of this science is prepared for many emergencies, where he would otherwise be wholly at a loss what ta do. It-is for these reasons that we have introduced it into this work j arranging the figures in such a manner as will afford the learner an easy reference to such of the principles of trigonometry, as are most fre¬ quently called into use by the navigator. The scales which were made use of in measuring the length of the sides, were the larger and smaller diagonal, (a description of which has before been given.) The scale of Chords, from which the angles were measured, or set off, will be found on the plane scale, between the lines marked Rum. and Sin. The figures being laid down precisely as they were measured, the learner will derive considerable advantage by comparing his own projections with them ; thereby testing the correctness of his own work. And should they be found to agree, he will have the satisfaction of know¬ ing that he is correct. Figure 21. 98 The periphery or circumference of every circle, is supposed to be divided into SCO parts, called degrees ; each degree into 60 equal parts, called minutes ; and each minute into 60 equal parts, called seconds, inc. 2. Any part of the circumference of a circle is called an arch, and is said to be the measure of the angle at the centre, which it subtends ; thus, A B, I M, L K, are arches of 30 degrees ; (fig\ 21) F B, N M, T K, are arches of 90 degrees ; D B, V M, VV K, are arches of 140 degrees. Hence, A C B, 1 C M, L C K, are angles of 30 degrees ; F C B, NC M, T C K, are angles of 90 degrees ; D C B, V C M, W C K, are angles of 140 degrees. Therefore, since all circles are diyided into the same number of degrees, a degree is not to be considered a quantity of any determinate length, as so many inches, feet, miles, &.c. but is always to be reckoned as being the 360th part of the circumference of any circle, whether large or small. Hence it must be evident, that the angle does not depend at all on the length of the legs. For, if we suppose C (fig. 21) to be the Earth's centre, L K a portion of its surface, I M a portion of the Moon's orbit, and A B the" starry heavens, it does not alter the angle in the least.* 3. The difference of any arch from 90° (or a quadrant,) is called its complement ; thus F A is the complement of the arch A B ; (fig. 21) and its difference from 180° (or a semicircle) is called its supplement ; thus G D F A, is the supplement of the arch A B. 4. The radius of a circle is a line drawn from the centre to the circumference, or it is that line which is taken between the points of the compasses to describe the cir¬ cle ; as C B is the radius of the circle B A F D G, &lc. C M is the radius of the circle M I N V P, &c. and C K is the radius of the circle K L T W X, &tc. All fore all radii of the same circle are equal. Figure 22. a * A» we shall have occasion to bear this in mind when we come to treat on the right ascension of the meridian, &c. &c. 1 thought best to notice it particularly here. 99 5. The chord or subtense of an arch, is a right line drawn from one extremity of an arch to the other ; thus the right line F E is the chord, or subtense, of the arch F A E or F D E. _ • c 6. The sine or right sine of an arch, is a right line drawn from one extremity of the arch, perpendicular to the diameter, passing through the other extremity. Thus, B F is the sine of the arch A F or F D. ' 7 The versed sine of an arch, is that part of the diameter intercepted between the sine and the circumference. Thus A B is the versed sine of A F ; and D B of D F. 8. The cb-siiie of an arch is that part of the diameter, intercepted between the centre and sine, and is equal to the sine of the complement of that arch. Thus C B or I F is the co-sine of the arch A F or the sine of its complement F H. 9. The tangent of an arch, is a right line touching the circle in one extremity of that arch, produced from thence till it meets a right line passing through the centre and the other extremity. Thus A G is the tangent of the arch A F. 10. The secant of an arch is a right line reaching, without the circle, from the cen¬ tre to the extremity of the tangent. Thus C G is the secant of A F. 11. The co-tangent of anarch is the tangent of the complement of that arch. Thus H-K is the tangent of the arch H F, or the co-tangent of the arch A F. 12. The co-secant of an arch, is the secant of the complement of that arch. Thus C K is the secant of the arch H F or the co-secant of the arch, A F.^ 13. The sine of any arch A b, greater than 90° is equal to the sine of another arch A F, as much below 90° } and its co-sine C f, tangent A g, and secant C g, are also respectively equal to the co-sine tangent and secant of its supplement A F ; but these last, as they fall on opposite sides, of the points C and A, from that where they bavé their origin, are called negative. Right-angled or Plane Trigonometry. In every plane triangle there are six parts, viz. three angles and three sides, any three of which being given, except the three angles, the other three can be found by various methods. We will however confine ourselves to the scale-and compasses, and the calculation by logarithms, which is by far the most accurate. PROPOSITION Figure 23. In any right-angled; triangle, as A B C, if thé hypothenusé A Ó be made radiusj and the arch C D, be described about A as a centre, B C will be the sine of the angle at A, and A B its co-sine. 100 Figure 24. & \4 v® Vi o o w a' 9 \ B \ sine .-'j D But if the hypothenuse A C be made radius, and the arch A D be described about C as a centre, then will A B be the sine of the angle at C, and B C its co-sine, (or co-sine of the same angle.) PROPOSITION IL—25. C If the leg B C be made radius, and the arch B D be described about C as a centre, then will A B be the tangent of the angle at C, and the hypothenuse the secant of the' same angle. , 101 Figure 26. c But if the leg AB be made radius, and, the arch B D be described about A asa centre, then will B C be the tangent of the angle at A, and the bypothenuse A C, the Secant of the same angle. CASE ^Figure 27, i-/ Given the base A B 210 miles ; and the angle at A, opposite the side B Ç 3d ; to.find the perpendicular B C and hypothenuse A C. Bï Projection. Draw the base line A B at pleasure ; on which set off 210 miles from the lessèr diagonal scale. ^ On B erect the perpendicular B 0. With the chord of 60 in your compasses, and one foot on A, describe the arch D E. Take 35o in your cotñpass- es from the same scale of chords, and set it off from D to E. Join A C continued to E, as in the figure, and it is done. For A C being measured on the same scale that A B was, will be found equal to 256^ milesj and B C, 147.1 102 REMARKS. It must be evident, from what has been said, that the base A B being made radius, the leg B C is the tangent of the angle at A. The name of the side B C, therefore, is at once known, by describing the arch B F, on A, as a centre, with the extent of A B (210) in your compasses. It is also known by the arch gradually falling inside of the perpendicular B C. Had the perpendicular been made radius, and its extent been taken to describe an arch with one foot on C, then A B would be the tangent of the angle at C, 55°. Now all three angles in any right-angled triangle, are equal to 180° ; and one of them, in all cases, is equal to 90°. Hence the sum of the other two must be equal to 90°. Therefore, if one angle be known, the other is found by subtracting the known angle from 90°. In the present case, the given angle is 35° ; consequently, if this be subtracted from 90 degrees, there will remain 55°, which is the angle À C B ; and C B A is a right angle, or 90 degiees, B C being perpen¬ dicular to A B. By Logauithms. Making the base radius, to find the perpendicular B C. The proportions are as fol¬ lows : As radius 45° 10.00000 Is to the base A B, 210 miles, 2.32222 So is the tangent of angle A, 35° 9.84523 To the perpendicular B C, 147.1 miles = 2.16745 In working by Logarithms, you must remember that the logarithm of the first term is to be subtracted from the sum of the logarithms of the second and third terms : the remainder is the logarithm of the sought fourtlr term. When the first term is radius, the logarithm being 10.00000, you need only reject 10 in the index, as in the above example. CASE IL—Figure 28. C 103 We will now change the position of the triangle, and make the hypothenuse radius, to find the base and perpendicular. By Projection. Draw the line A B, at pleasure. With the chord of 60 in your compasses, and one foot on A, as a centre, describe the arch D E. Take from the same scale of chords, 35® in your compasses, and set it off from D to E. Draw the line A C, which make equal to 256.4, passing through E. From C let fall the perpendicular C B, and it is done. C B will be 147. nearly ; and A B, 210. The measures of the sides were taken from the large diagonal scale, in order to have the chord of 60 fall within the perpendicular B C. REMARKS 0]V FIG. 28. If the extent of the hypothenuse A C be taken in your compasses, and one foot on C, as a centre, the arch A F be described, it is evident that A B is the sine of the an¬ gle at C. But if the arch C G be described with the same extent in your compasses, with one foot on A as a centre, B C is evidently the sine of the angle at A. Hence the arches C G, and A F, being described by the length of the hypothenuse, both arches are outside the legs B C, and A B ; and from this circumstance the sines are as readily distinguished, as the tarfgents are by the arches gradually falling inside of the two legs. We therefore have the distinguishing marks for knowing at once, the sines, tangents and secants, in all right-angled triangles, according as either leg is made radius. I will now ask how the two triangles (Fig's 27 and 28,) compare. By comparing the triangles, I find they are similar in every respect. The sides of the triangle. Fig. 27, being measured from the lesser diagonal scale, which is half an inch divided into 10 equal parts, contains precisely the same number of equal parts, as the sides of the triangle, Fig. 2S, which was measured from the larger diagonal scale, that also being an inch, divided into the same number of equal parts. Therefore in this respect the sides are similar. The perpendicular. Fig. 27, is on the one end A B, whereas it is on the other end of A B, in Fig. 28. Here again the triangles are similar, for this cannot make any difference whatever. The chord in Fig. 27, is out¬ side the perpendicular B C ; but in Fig, 28, it is inside. This is owing evidently to making use of the two scales before mentioned, in laying off the sides of the triangle. Now, there can be no difference in this respect, for both chords are taken from the same scale. But the legs in Fig. 28, are double the length of those in Fig. 27. This, you say, must certainly make the angle larger. But you mistake. The angle does not depend at all on the length of the legs. To make this familiar, let us suppose a case. If you were on board a vessel, and had a point of land bearing South, and an isl¬ and S. W. by your compass ; it is evident the angle from the one to the other is 4 points, or 45°. Suppose the distance to each was three miles. Again, let there be a mountain, 40 or 50 miles inland, due South from the point, and another due S. W. from the island. Then it is farther evident, that the point and the mountain are seen by you on a due south line, and the island and the mountain on a due S. W. line. Hence the angle between the mountains, is precisely the same as that between the is¬ land and the point of land. So that the distance of the mountains, or the length of sides, does not affect the angle in the least ; and all intervening objects on the two bearings evidently subtend the same angle. 104 By Logarithms, (Fig. 28.) Bj making the hypothenuse radius, it will be to ñnd the base, A B, and perpendic¬ ular, B C. As Radius Is to the hypothenuse A C, 250.4 So is the Sine of angle A, 35® To the perpendicular B C, 147.1 As Radius Is to the hyi>othenuse A C, 256.4 So is the Sine of angle C, 55® To the base A B, 210 10.00000 2.40892 9.75859 ■ 2.16751 10.00000 2.40892 9.91336 2.3222S CASE III.—Figure 20. c Let us suppose the hypothenuse A C 256.4, and the perpendicular B C 147.1, are given to find the base A B and angles. By Projection. Draw the base A B of any length. On B erect the perpendicular B C. Take 147 in your compasses from the large diagonal scale, and set it off from B to C. Take the length of the hypothenuse A C in your compasses, (256.4) from the same scale ; and with one foot on C, describe an arch at A as in the figure. Join A C and it is done. For A B, being measured on the same scale, will be found equal to 210, and the angle at A 35°, consequently the angle at C is 55°. To find the angle, A. Take the chord of 60 in your compasses and with one foot on A describe the arch D E. Take the extent from D to E, which you will find equal to 35®, measured on the same scale of chords. The angle C is found in the same manner. , In working by logarithms, when the hypothenuse and perpendicular are given, or the base and hypothenuse, it will be best in all cases to make the hypothenuse radius, 105 to find the angles; that is, make use of the hypothenuse for the first term, the tabu¬ lar radius 10.00000 for the second term ; and the base or perpendicular, as the case may be, for the third term, as in the following example : To find the Angles. As the hypothenuse A C, 256.4 Is to radius So is the perpendicular B C, 147.1 To the sine of angle A, 35° 2.40892 10.00000 2.16761 9.75869 Here,the Radius occurs in the second term. In subtracting the first term from the two last, you have only to consider the logarithm of the sutn of the two last terms to stand thus : 12.16761 From" which subtract the logarithm of the third term, 2.40892 CASE IV.—Figure 30. 9.75869 Given the base AB, 700 miles, and perpendicular 515 miles, to find the hypothe- muse and angles. Br Projection. Draw the line A B at pleasure. Take the length of the base, 700 miles, in your oompasses, from the small diagonal scale, and set it off from A to B. On B erect the perpendicular B C, which make equal to 515. Join A C, and it is done. For A C, being ineasured on the same scale, will be found equal to 869. To find the angles A and C. Take the chord of 60 in your compasses, and with one foot on A, as a centre, des¬ cribe the arch as in the figure. With the same extent, and one foot on C, describe an¬ other arch. Then will the angle at A, be found equal to 36o 21' ; and that at C, «3» 39'. -1 > 1-4 100 Br Looabithms. To find the angle A, by making the base radius. As the base A B, 700 2.84510 Is to radius 10.00000 ' So is the perpendicular 515 2.71181 To the tangent of angle A, 36" 21' == 9.86671 Or you may make the perpendicular radius, to find th,e angle C. As the perpendicular B C, 515 2.71181 Is to radius 10.00000 So is the base 700 2.84510 To the tangent; of C, 53° 39' 10.13329 Having found the angles A and C, the length of the hypothenuse may be found by making either side radius. We will state the case both ways, in order to make use of the two angles A and C. The most correct way, however, is to make the greatest. side radius. To find the hypothenuse by making the base A B radius. As radius 10.00000 Is to the base A B, 700 2.84510 So is the secant of A, 36" 21' 10.09398 To the hypothenuse A C, 869.1 2.93908 To find the hypothenuse by making the perpendicular radius. As radius 10.00000 Is to the perpendicular B C, 515 2.71181 So is the secant of angle C, 53" 39' 10.22715 To the hypothenuse A C, 868.9 2.93896 It has been before observed, that if one angle be known, the other is found by sub¬ tracting the known angle from 90°. In the preceding example we find this proved correct ; as by making the base radius, we find the angle at A, to be 36° 21' And by making the perpendicular radius, the angle at C is, 53 39 The sum of the two angles therefore are equal to 90 00, APPLICATION. Standing upon a wharf, I observe a ship at the end, 200 feet distance, her deck be¬ ing in a line with my eye. Being desirous to know the height of her main royal truck from the deck, I measured with a quadrant the altitude of the mast, and found it to be 32 degrees. Now to find the height, I proceeded according to rule, case I, as fol¬ lows : By Pboiyctiok.—Fi«. 31. e I drew the line A B, at pleasure, on which I set off 200 feet, taken from the large diagonal scale, and called it the base. On B I erected the perpendicular B C, to rep¬ resent the mast. I then took the chord of 60 in my compasses, and with one foot on A, I described the arch D E ; on which, from D to E, I set off 32 degrees, and drew the line A C, passing througn E. I then took the extent B C in my compasses, and on the large diagonal scale, I found it equal to 125 feet., Now to ascertain whether the height of the mast head could be found to a degree of accuracy by projection, I proposed going through the same calculation by logarithms, and proceeded according to Rule, Case I, as follows : As radius 10.00000 Is to the base A B, 200 feet 2.30103 So is the tangent of angle A, 32" 9.79579 To the perpendicular B C, 125 feet = 2.09682 The nearest logarithm that could be found was 09691 : the number corresponding to this, is 125. In order to show that trigonometry is very useful not only to find the' height and distances of objects, but for many other purposes, let us |tpply it to the art of sail-ma¬ king, to find the gores on the mast, stay, &ic. &.c. We will commence to find the gore on the mast of a schooner's mainsail, (Fig. 11.) In that figure, you will observe is marked, on the after selvage, 4 feet 5 inches ; and from this measure is found the gore in each cloth on the mast, as per directions before given. Let us proceed to find this gore by trigonometry. Case 4th, the base and perpen¬ dicular being given to find the hypothenuse, or gore. The cloth is supposed to be 29 inches wide ; and as the diagonal scale is divided in¬ to tenths of inches, which is the one we shall make use of for our present purpose— let us reduce each side to tenths, in the first place. Width, 29 inches—by annexing a cypher, is 290 tenths of inches. 4 feet 5 inches, as marked on the after selvage. Fig. 11. 12 53 Reduced to inches, and annexing a cypher, is 530 tenths of inches. 10® Br Projbction.'—Fig. 82. A • 109 Draw the base line B C, which make equal to 290. On B, erect the perpendicu¬ lar A B ; on which set off 530. Join A C, and it is done. For A C, being meas¬ ured on the same scale, will be Ibuiid equal to C0.4 tenths, or 5 feet and tV ol an inch. By Logarithms. As the base and perpendicular are given, to find the hypothenuse or gore on the Blast, we must first find the angle by Case 4. By making the perpendicular A B ra¬ dius. As the perpendicular A B, 530 2.72428 Is to radius 10.00000 So is the base B C, 290 2.46240 To the tangent of angle BAC, 28° 41' 9.73812 Having found the angle, let us find the gore or hypothenuse, by Case 4th ; by making the perpendicular radius also. As radius 10.00000 Is to the perpendicular A B, 530 2.7242S So is the secant oí A, 28° 41' 10.05686 To the hypothenuse A C, 604.1 ' 2.78114 The product is 604 tenths xif inches, or 60 inches and 4 tenths ; which is 5 feet and 4 tenths of an inch gore in each cloth on the mast, as marked in the figure. On the same principle, let us find the mast gore. Fig. 6—Trey-sail. Projection—Fig. 32. Set off from A to D, 620 tenths, taken from the large diagonal scale. Draw the line D E, perpendicular to AD. - Draw A E, as per dotted line, and it is done. Take the extent of A E in your compasses, and with this extent place one foot on 6, and the other will extend a littlé beyond the 8th diagonal line. Move both points of the compasses downwards, and when they are on the 4th parallel line, the right foot of the compasses will be on the eighth diagonal line, which will be 684 tenths of inch¬ es, and is therefore 5 feet 8 inches and four tenths, or nearly one half of another inch; which is the mast gore in this sail. By Logarithms. As the perpendicular A D, 620 ' . 2.79239 Is to radius ' 10.00000 So is the base D E, 290 2.46340 To the tangent of angle DAE, 25° 4' 9.67001 110 To find the Gore. As Radius Is to the perpendicular A D, 620 So is the secant of A, 25° 4' To the hypothenuse A E, 684.5 10.00000 2.79239 10.04296 2.83535 12)68,4 6 feet, 8 inches, 4^ tenths. To find the Stay Gore in Fig. \2—Fore-top-mast Stay-sail. Projection.—Fig. 32. Set off from A to F 450 tenths, which is equal" to 3 ft. 9 in. marlted on the after selvage of the canvass, in fig. 12. Draw the line F G. Join A G, and it is done. F or the extent from A to G will be found equal to 535 tenths, which is 4 ft. 5 in. and ^ gore on the stay of this sail.. By Logarithms. To find the Angle. As the perpendicular A F, 450 Is to radius So is the base F G, 290 To the tangent of angle F A G, 32' 48', To find the gore, or hypothenuse. ' As radius Is to the perpendicular A F, 450 So is the secant of angle FAG, 32° 48' To the hypothenuse A G, 12)53,5 - J.65321 10.00000 2.46240 9.80919 10.00000 2.65321 10.07543 2.72864 4,5.Ä REMARKS. It was my intention to have constructed a table on the preceding principle, for find¬ ing the gore from the measure down the selvage, to every of an inch up to 10 feet. But canvass being of various widths, I found that one table alone would not answer. I therefore thought best to show how the gore could be found by Trigonometry. Any one can construct a very accurate table on this principle by logarithms. Per¬ haps it will be well to observe, that in calculations of this kind, it would be best to re¬ duce the length of the sides to their lowest terms ; the products are always of the same name as the given side or sides are. In the precetling examples! the inches were-reduced to tenths, consequently the products or answers were also tenths of inches. - Ill OBLIQUE TRIGONOMETRY. CASE I. Given the base A B 515, the angle at B 520, and that at C 78", to find the legs BCandAC. ■ . u • I will again observe, that when two angles of a triangle are given, the other is found by subtracting the sum of the two from ISO«. Angle ABC 52® Angle A C B 78 Sum 130 Subtract from 180 Angle BAC SO» By Projection.—Fig- 33. Draw tbe base line A B at pleasure ; on which set off 515 taken from the small diagonal scale. Take the chord of 60" in yoyr compasses, and with one foot on B, describe the arch D E. With the same extent and one foot^ on A, describe the arch F G. Take 52° from the same scale of chords in your compasses, and set it off from D to E. Take 50° in your compasses, and set it off from F to G. Join B C and A C and it is done ; for B C will be found equal to 403, and A C 41.5 nearly. Bv Looarithms. In all plane triangles, the sides are in direct proportions to each other as the sines of their opposite angles; that is,.as the sine of the'given angle C 78°, (fig. 33) is to its opposite given side 515, so is the sine of the given angle B 52°, to its required side A C ; and so is the sine of A 50° to its required side B C. 112 By the preceding proposition to find the side A C it ie thus stated : As tlie sine of the given angle C 78o 9.99040 Is to its opposite side 515 * 2.71181 So is the sine of the given angle B 52® 9.89653 To its required side A C 414.9 To find the side B C. As the sine of angle B 52' Is to the side A C 414.9 So is the sine of A 50' 12.60834 9.99040 2.61794 9.89653 2.61794 9.88425 CASE II.—Figure 34. 12.50219 9.89653 To the side B 0 403.3 Or thus: 2.60566 As the sine of angle G 78® Is to the side A B 515 So is the sine of angle A 50* 9.9904O 2.71181 9.88425 12.59606 9.99040 To the side B C 403.3 2.60566 113 Given the side A B, 355; side A C, 300; and the angle at A, 41^ 30', to find the other side and angles. - By Pkojection. Draw the line A B at pleasure, which make equal to 355, taken from the large di¬ agonal scale. With the chord of 60® in your compasses, and one foot on A, as a cen¬ tre, describe thearch~H D. Set off on the arch H D, 41® 30'. Draw the line A C, which make equal to 300, taken from the same scale. Join C B, and it is done. For C B, being measured on the same scale, will be found equal to 238, nearly. - To find the angles A-C B,and A B C. Take the chord of 60 in your compasses : with one foot on B, describe the arch I E ; and with one foot on C, describe the arch F G. Take the extent from F to G in your compasses, and you will find it equal to 82°, nearly, which is the angle at C. Take the extent from I to E, and you will „find it equal to 57° nearly, which is the angle at B. . By Logarithms. In tliis case we have two sides and one angle given, to find the other two angles^ and side. Here are two unknown angles; and as the given angle is 41° 30', the oth¬ er two must be equal to 138° 30'. This case, and all similar cases, depend on the following prpportion ;—In all plane triangles, as the sum of any two sides is to their difference, so is the tangent of half the sum of the two opposite angles to the tangent of half their difference. Preparation. First, find the difference between the given sides ; then take their sum, viz: Given side A B, 355 355 . Given side A C, 300 300 Difference between the sides 55 Sum of the two sides 656 Then from 180 deg. Subtract the given angle C A B _ _ 41 30' And there remains the sum of the two unknown angles 138 30 The half.sum of which is 69 15 Then say by rule, As the sum of the two sides 655, its logarithm 2.81624 Is to their difference 65, its logarithm 1.74036 So is the tangent of half the unknown angle 69° 15' 10.42151 12.16187 2.81624 Tlo the tangent of half their difference 12° 29' 47" 15 9.3456B 114 Rule. Add this half difference To half the sum of the angles And you will have the greater angle A C B, Again, subtract this half difference From half the sum of the angles And you will have the lesser angle ABC, Having found the angles, the side is found by Case I. As the sine of angle B, 56° 45' Is to the side A C, 300 So is the sine of angle A, 41° 30' To the side B C, 237.7 12° 29' 47" 69 15 00 81 44 47 12 29 47 69 15 56 45 13 9.92235 2.47712 9.82126 12.29838 9.92235 2.37603 Or thus. As the sine of angle C, 81° 45' 9.99548 Is to the side A B, 355 2.55023 So-is the sine of angle A, 41° 30' 9.82126 12.37149 9.99548 2.37601 To the side B C, 237.7 CASE III.—35. The three sides given to find the angles. 115 In every plane triangle, as the longest side is to the sum of the other two sides, so is the difference between those two sides, to the difference between the segments of the longest side, made by a perpendicular, let fall from the angle opposite that side. Half the difference between the segments, added to half the sum of the segments, will give the greatest segment ; and the half difference, subtracted from the half sum, will give the lesser segment. Now, by dividing the triangle, in this manner, we have two right-angled triangles, and the hypothenuse and one leg are given to find the angles. The side A B 342, A C 275, and the side B C 144, given to find the angles A B C, A C B, and BAC. Side A C, 275 Side B C, 144 Sum 419 Difference A C, 275 B C, 144 131 As the longest side A B 342, its logarithm Is to the sum of the two sides 419, its logarithm Se is the difference between the sides 131, its logarithm To the difference between the segments 160.5 Half the length of side A B, is half the sum of the segments This added to half the difference of the segments Gives the greater segment A D Half the difference subtracted, gives the lesser segment B D 2.53403 2.62221 2.11727 4.73948 2.53403 2.20545 171 80.2 251.2 90.8 The triangle being divided into two right angled triangles A D C, B D C, we hav« the hypothenuse and one leg in each, given to find the angles. We will make the hypothenuse A C radius, to find the angle A C D. As the hypothenuse A C, 275 Is to radius So is the greater segment A D, 251.2 To the, sine of angle A C D, 65° 59' 2.43933 10.00090 2.40002 9.96069 To find the angle BCD. As the hypothenuse B C, 144 Is to radius So is the lesser segment B D, 90.8 To the sine of the angle BCD, 39° 5' Now by subtracting the angle A C D From We have the angle GAD 2.1583« 10.00000 1.95808 9.79972 65° 59' 90 00 24 01 116 And by subtracting the angle BCD 89 05 From 90 00 We have the angle D B C 50 55 By adding the angle BCD 39 05 To the angle A C D 65 59 We have the angle A C B 105 04 To project Figure oô. Draw the line A B, which make equal to 342, taken from the large diagonal scale. Take 275 from the same scale ; and with one foot on A, describe an arch at C. Take 144 in your compasses ; and with one foot on B, describe another arch, cut¬ ting the former in C. Join A C, and B C ; let fall the perpendicular C G, passing through D ; and the line A B will be divided into two segments. To find the Angles. Take the chord of 60 in your compasses, and with one foot on A, describe the arch K I. With the same extent, and one foot on C, describe the arch H F ; and with one foot on B, describe the arch LE. Now in order to find the angle ABC, ex¬ tend the side B C to E, as in the figure. Take the extent from L to E in your com¬ passes, which will be found equal to 51° nearly, on the same line of chords. To find the angle BCD. Extend the line C B to F. Take the extent from O to F) which will be found equal to 39°, nearly. Angle A C D. Take the extent from H to O, which will be found equal to 66°, nearly. Angle CAD. Take the extent from K to T, which will be found equal to 24°, nearly. To find the Segments. Take the extent from D to B, which will be found equal to 91 nearly, on the large diagonal scale ; and tlie extent from A to D the greater segment, which will be found equal to 251 nearly, on the same scale. RIGHT ASCENSION OF THE SUN, MOON AND STARS. Right ascension of a heavenly body, is its distance from the first of Aries, reckoned upon the equator eastward, round the globe. » Equinoctial Points, Are two points in which the ecliptic cuts the equator. The vernal equinox is at the first degree of Aries in the ecliptic ; the autumnal, at the first of Libra. The sun enters Aries, the 21st of March ; and Libra, the 23d of September, which is six signs, or 180 degrees, from Aries. ' 117 (( (( (c (( As I before recommended calculating the altitudes of the stars and moon, in taking a lunar observation in the night ; and as the riglit ascension is made use of in these cal¬ culations—I shall here endeavour to show, first, 'what the right ascension is, ana the point from which it is reckoned. . u 2. What is meant by the right ascension of the meridian. And thirdly, how the distance of the object from the meridian is found. . And first, hy Fig. 3<5. Let the dotted circumference. Fig. 36, represent the great circle of the equinoctial,* which is an imaginary line in the heavens, passing round the earth from west-to east, and is divided into 360 degrees—these into minutes, and the minutes into seconds, thirds, &.c. Let O be the equinoctial point Aries, from which the right ascensión of the heavenly bodies is reckoned. Let this * represent the following stars, differing in right ascension, as,marked both in degrees and time, as in the figure. Arietes, 25 degrees, or 1 hour 40 tninutes. Aid abaran, 60 " " 4 Sun, 90 « " 6 " , •Pollux, 110 "7 " 20 Regulus, - 155 « « 10 « 20 Sp'.ca, 205 » " 13 " 40 Antares, 250 « « 16 « 40 Aquiliae, 300 " . " 20 « Fomalhaut, 335 " , « 22 " - 20 The stars are marked in the figure in regular order, although no attention was paid to placing them down according to their right ascension. From what has been said, by referring to the figure, it must be at once known what is meant by the right ascen¬ sion of any object ; therefore, any more on this subject, would be superfluous. Per¬ haps it may be well to add, that the difference of right ascension is by no means the distance between the objects. Right ascension of the meridian or midheavens, Is the distance of the meridian from the first point Aries, and is found by adding the time past noon, to the sun's right ascension. Illustration. Let E E, Fig. 36, be the earth ; and the figures XII. I. II. III. &.c. denote the hours of the day. Let the dotted lines from "the earth passing through the equinoctial, divide the circumference of each circle into 24 equal parts, each division being equal to 15°, or one hour of the earth's diurnal motion. You must remember, that each and every division on these lines, is supposed to be equally distant from the equinoctial point Aries, whether this point be on the earth, or referred to the heavens. Thus, the me¬ ridian at C. XII : M. the moon, and S. the Sun, are all supposed to be equally dis¬ tant frorn the first point O, Aries ; that is, the right ascension of the sun, moon, and the meridian, are 90° or 6 hours in time. Now let us suppose the time of the day to a person at III A, to be three o'clock in the afternoon ; then if these three hours be added to the sun's right ascension, 6 hours, * The Equator, when referred to the heavens, is called the Equinoctial. 118 the right ascension of the meridian at A, is 9 hours, or 135", .as shewn in the figure by the 9th dotted line passing from III through A, to that part of the greater circumfer¬ ence denoting the 135th degree froth the point O, Aries. Let us again suppose it was required of the person at A, to find the moon's distance from the meridian at F. By examining the figure we find the distance from A, 135, to B 180°, is three divisions of the great circle, of 15° each ; therefore, the moon's distance from the observer at A is 45° east of the meridian, and of course rising'; or which is the same thing, she is 3 hours from the meridian. ^ By Calculation. To the sun's right ascension, 6 hours or 90" Add the time past noon", - 3 hours or 45 The sum is the right ascension of the meridian, 9 , 135 Take the difference between the right ascension of the meridian, and the moon's right ascension, 12 hours or 180° , And we have the moon's distance from the meridian 3 hours or 45° * The moon's right ascension being the greatest, she must be to the eastward of the meridian. Again. Suppose a person at D, at the same moment, should wish to find the moon's distance from the-meridian. By examining the figure, we find the time of the day to be 9 o'clock, P. M. This, added to the sun's right ascension, 6 hours, is 15 hours, or 225°, as marked on the outer circumference in a line with D; and is the right as¬ cension of this meridian. The difference between this and the moon's right ascension 180°, is 45° or 3 hours ; hence the moon is to the westward of the meridian, because the right ascension of the meridian is greatest. In calculating the distance of any object from the meridian, the hours are reckoned from 1 to 24 ; so that 1 A. M. is 13 hours from the preceding noon, 6 A. M. is 18 hours, and 10 A. M. is 22 hours, &.c. If the sun's right ascension hs added to the time from the preceding noon, and the sum exceeds 24 hours, you must subtract 24 hours from this sum, and the. remainder will be the right ascension of the meridian. - To illustrate this let us demand what the right ascension would Be to a person at XI between K C. •• ^ Reckoning from the preceding noon 11 hours is 23 hours. .Sun's right ascension in time is 6 hours. Sum is 29 From which subtract 24 The remainder is the right-ascension of the meridian 5 By examining the figure we find the sun is 6 hours, or 90°, from Aries, the merid¬ ian XI is one hour from the sun ; therefore, the difference between 1 and 6 is 5, which is the distance of the meridian from Aries, the same as above. Again. Let us suppose the sun to be 270°, or 18 hours in time, from Aries, which will answer to December 22d, and will be opposite to where he now is in the figure. * The distance in degrees from the meridian must not be understood as it would be shown by a sex¬ tant or quadrant, but it is the number of degrees of the Earth's motion on its axis, which is 16° an hoar, yearly. 119 Then at H it would be mid-day, and at C, mid-night. Let it be required of an obser¬ var at D, to find the distance of the star Amares from this meridian. Fïrst by Rule. Time at D is 9 A M from the preceding noon, or Sun's right ascension 270" in time is 18 hours from Aries Sum From which subtract The remainder is the right ascension of the meridian Antares' right ascension, as marked in the figure is Star's dist. from the meridian at D 21 flours 18 39 24 hours 15 Ifio 40' 1° 40' By inspection of tl^e figure, the sun is 18 hours from Aries, the meridian at D is 3 hours from the sun. Deducting these 3 hours from 18, there remains 15 hours, which is the right ascension of the meridian. The difference between the right ascension of the meridian, and the star's right ascension, Ifi h. 40 min., is 1 h. 40 min ; which is the star's dist. East of the meridian, because its right ascension is greater than the right ascension of the meridian. On the reduced or Greenwich fime.—Fig. 36. As the young beginner in Nautical Astronomy is sometimes embarrassed in finding the Greenwich or reduced time, when his longitude is far East or West, I shall en¬ deavor, with the assistance of fig. 36, to make this important part of his calculation clearly understood. And first, I would have him remember that 15° of longitude gre equal to JO « <( 1 mile " ff Oi " " ft è 5' " ft i «f « ft the reverse—viz. • 1 second of time is equal te 2 « (( ti ft 3 ft ft ft 4 ft ft ' 1 hour " ft 2 ft ft if 3 " " If 4 ft ft ft 1 hour in time 4 minutes " 4 seconds " 3 " '♦ 2 " " 1 15 seconds, or é of a mile of longitude 30 " à " « 45 ' " I " «< 60 " 1 mile of long. 15 miles of long. 30 " '< 45 » '( 60 miles or 1 degree 15 degrees 30 " 45 , " 60 '' ^c. 4*c. The seg day commences at noon, and the time is reckoned from noon to noon, in numerical succession from one to twenty-four hours; that is, 1 A. M. is 13 hours— 4 A. M. IS 16 hours—8 A. M. is 20 hours, &c. 8ic. 120 In West longitude, add the longitude turned into time to the ship^s time, or time of observation ; and the sum will be the time at Greenwich. Should this sum exceed 24 hours, subtract 24 hours, and add one to the day of the month, as in the" following example. Let it be required to find the time at Greenwich, at a place 90® West longitude, on the 21st of June at 11 A. M. . Sea acc't. June 21 is by N. Almanac the 20th at 9 A. M. is 21 hours Long. 90® W. in time 15® to one hour is • ' 6 Sum is 27 • Sub. 24 hours, and add 1 to the day of the month 24 Sea acc't. June22d is N. Almanac June 21st, time at Greenwich 3 hours. Let us illustrate this by fig. 36. Let A be the meridian of Greenwich, K another meridian 90® West of Greenwich, at 9 A. M. on the 2l3t of June sea account. Now it is evident, that the sun is three hours East of the meridian at K, whereas he is 3 hours West of the meridian at A, Greenwich. Therefore at A, it is 3 o'clock on the 22d sea day, but at K, it is 9 o'clock A. M. or 21 hours on the 21st sea day, which is 6 hours difference between the two meridians. Therefore, K must move forward 3 hours or 45® East, before the 22d sea day will commence at K, and A will then he at B. Hence, when the sum of the ship's time and the longitude in'time exceeds 24 hours, the following day has commenced at Greenwich, and they will be'as far advanced in that day as this time exceeds 24 hours. Again, let it be required to find the time at Greenwich, at a place 135® East, on the 22d of June, sea account at 3 P. M. By rule. June 22d is by Nautical almanac, the 21st, at 3 P. M. Add 24 hours, and subtract one, from the day of the month 24 Sum, - 27 Longitude 135°, in time is ' 9 hours. Sea acc't. ,21st, is, Naut. almanac, the 20th, at 18 or 6, A. M. By the Figure. Let us suppose I to be the meridian of Greenwich, and A, a meridian on thé earth, 135® East of Greenwich, on the 22d of June at 3 P. M. We find the sun to be 6 hours to the eastward of I Greenwich, whereas at A the sun is 3 hours West of Ks meridian ; and therefore A is already advanced 3 hours into the sea day the 22d» But I Greenwich is 6 A. M., or 18 hours, from the preceding noon on the 21st, sea account ; therefore, if the time to be subtracted is greater than the time of observation, or ship's time, 24 hours must be added to this time, and the differende is the Green¬ wich time on the preceding day ; for if, the time at A had been greater than the time Fig. 40 121 î, the sun could not have passed the meridian at A. To prove this, let K be a me¬ ridian 450 East of I, Greenwich, at 9 A. M. which is 21 hours The time at 1, is 6, A. M. or 18 hours 18 The difference is 3 or 45®. Hence K is on the same side of the meridian as regards the sun, that I is. THE PKIIVCIPLE OIV WHICH THE LATITUDE IS OB- TAIIVED FROM THE OBSERVED ALTITUDE, FIG. 40. Í ^ . Before we enter particularly on this subject, it will be necessary to notice-the pow¬ er of the Earth's central attraction, which lays hold of all bodies according to their density or quantity of matter, without regard to their bulk, and constitutes what we call weight. Hence a person, let him be where he will on the earth's surface, stands with his feet to the centre. And therefore, if a line be supposed to be drawn from the cen¬ tre of the earth, through the observer on the surface, and extended to the heavens, that point will be his zenith. To illustrate this, let us suppose Fig. 40, to be the Earth ; the line K U i, the Equator ; the line TUA, the earth's axis, extending out to the star¬ ry heavens both ways. Let W be the North celestial pole, and V the South celestial •pole. Now if a person be any where on the equator K U i, as suppose at K, the ax¬ is of the earth is coincident with the plane of his horizon, extended out to V. W, the north and south poles of the heavens 5 and X, in the celestial equator, is evidently his zenith. Let us suppose that the observer at K, has gone from the equator towards the north pole at F, from which place he views the hemisphere f X y u W t ; his horizon f U t, having shifted as many degress from the celestial poles, V. W, as he has travel¬ led from the equator, v;hich is 40°. Hence his zenith is perpendicular to the line f U t, and is referred by him to the point at u. Therefore it is evident, that as a per¬ son travels from the equator towards the poles, his horizon becomes more or less ob¬ lique ; but when on the pole, as at A or T, the horizon will be parallel with the equa¬ tor—the zenith at A will be referred to the point in W, and that at T, to V. And all the stars, in the northern hemisphere, to an observer at A, on the north pole, would ap¬ pear to turn round the line W A, parallel with the equator, without setting. Much more might be said respecting the phenomena of the heavens, as viewed from different parts of the globe ; but as we have one object particularlly in view, we will spend no more time on the subject than is necessary. I will add however, that the earth's bulk is but a point, compared to the heavens ; and therefore every inhabitant upon it, let him be where he will, sees one half of the heavens—the zenith being 90° from every point of his horizon. P would have his horizon at Z u. f being his zenith. But if P travels until he arrives at F, then the point which was before his zenith, will now be his horizon ; and the point which was his horizon, will now be his zenith. Hence if we have an object in our zenith, and sail north or south 90 degrees—that object will be in the horizon. Let us suppose the point at f, in the zenith to P, to be a star whose declination is 50 degrees south ; it is evident that the same line which passes through P, ifcontinued, would pass through f; and the star's declination must be the latitude of the observer at P, as the distance from P K in degrees is precisely the same as f X. Let us suppose P to be travelling to F. When P arrives at O, the altitude of the star f, will be but 80 degrees, bearing south ; and the star's distance from the equinoctiaj X, is 10 deg. greater than the zenith at O. Hence, if this zenith distance be subtracted from the star's declination, 50° south, the observer at O will have his dis¬ tance from K, the equator, 40 deg. south. Suppose P to have arrived at £ j then X Í 122 would be the star's zenith distance, 50 deg. at K ; and is the same distance in degrees, as KP on tiie earth. The altitude would he40 degrees. Now the difFerence between the declination and zenith distance is nothing : of course the observer is on the equator. While P continued south of the equator, it is evident that the zenith distance would he less than the star's declination. But as soon as P crosses the equator, the zenith dis¬ tance will he greater than the star's declination. From this circumstance the observ¬ er would knot^whether he was on the north or south side of the equator. For sup¬ pose P to have arrived at G ; the star's zenith distance would he equal to y f, 80 deg. Its altitude of course at G, would he 10 degrees. Hence, if the declination SO® south be subtracted from the zenith distance 80® North,* there remains 30 deg. north, the lat. of the observer at G. Suppose P to he at F ; then the star f would he exactly in the horizon. The 'star's zenith distance of course would he 90 degrees North ; from which, subtracting the declination SO® South, leaves the lat. at F, 40 north. Let us suppose S between f X, to he the sun at 20° south declination ; then would he he vertical to M, when on the meridian, and 90° distance from every point of his horizon ; and his declination would be the latitude at M, as the star's was at P. But suppose M to he at N ; thèn it is evident that he has the sun hearing north, at an alti¬ tude of 80 degrees. And of course the distance from N to M, is equal to the zenith distance, 10®. Hence, the sun being 20 deg. south of the equator, and N 10 deg. south, of the sun ; it is evident, if the distance NM, 10 degrees, he added to the dis¬ tance M K, 20 degrees ; N will have his distance from the equator K, 30® south. But suppose M to have gonef to L, the sun's altitude at both positions would he pre¬ cisely the same ; hut instead of the sun's hearing north, it evidently would hear south. Therefore, if the zenith distance, 10 degrees, equal to M L, be subtracted from the sun's declination, 20 degrees, equal to X S south ; the observer at L will have his dis¬ tance from K the equator, 10 deg. Again, let M he at H. The sun's altitude at this station would he 50 deg. hearing south. Hence the zenith distance would he 40 deg. north. Now this is evidently the distance the sun is from being in a perpendicular line to H ; and is the distance H M. Hence, if the distance K M, or X S, the sun's declination south, he subtracted from the zenith distance, equal to H M, 40® north, the observer at H, will have his distance from the equator K, 20 deg. north ; because the zenith distance is greater than the sun's declination. Therefore we may conclude, if an object has south declination, and bears south to an observer when oh the meridi¬ an, if the zenith distance is less than the declination of the object, the observer is in south latitude ; hut if the zenith distance he greater than the declination, the observer is in north latitude. But if the object hears north having south declination, it is evident that the observ¬ er is as much farther south of the equator, than the object is, as the object is distant from his zenith—and the contrary. For if the sun at 20 deg. north declination, (Fig. 40,) hears north, and the zenith distance is less than the declination, the observer is in north latitude. But if the zenith distance be greater than the sun's declination, the sun hearing north, the observer is in south latitude. And If the sun hears south, hav¬ ing north declination, it is evident that the observer is as much farther north of th# equator, than the sun is, as the sun's distance is from his zenith. Circle of perpetual apparition. ■ As the heavens seem to turn round the line A W, all those stars which are not as many degrees from the north pole W, as the observer is from the equinoctial X, nev¬ er set below the horizon. * 1 h'" supposes the obj>.ct to be the fixed point, and the zenith rnferrf d to it. Thus, if the object bears Sout'i Jrom the observer, or from his zenith ; the zenith bears North from the object : and it is this hitter bearing which is used in the rule for finding the latitude. t23 The circle of perpetual apparition, may be found by subtracting the latitude of the observer from 90 degrees. Thus suppose F, (Fig. 40,) to be 40 degrees north latir tude—the difference between this and 90 degrees, is 50 degrees. Hence all the stars that have over 50 degrees north declination, or whose polar distance is less than 40 degrees, will never set to F, in the latitude of 40 degrees nortlj. And this must be evident,' from what has been before said respecting the rational or true horizon, which determines the rising and setting of the sun, stars and planets. If the point at t, be the rational horizon of the observer at F, it is evident that the observer views the horizon 40 degrees below the pole W, and the star would appear to describe a circle round the pole, the radius of which would be equal to the star's north polar distance. And the star would rise to F from the horizon, whembearing due north, and in 6 hours would be at its greatest eastern elongation ; that is, would be in an east line with the pole—still continuing to rise for 6-hours after : at which time the star would be on the upper meridian ; that is, its greatest distance above the pole. The star would then appear to descend, and approach its greatest western elongation ; and would be at this position, in 18 hours from its first beginning to rise from the horizon ; and in 24 hours, would again be in its former position at t.* The observer at F, will have all those stars whose polar distance is less than 40 degrees, on the meridian twice in 24 hours—once above the pole, and once below it. And when any star is on the meridian above the pole, the latitude is found by the rule before given. But when the star is on the meridian below the pole, the latitude is found by adding the compliment of the star's declination (which is its polar distance,) to the star's altitude corrected for dip and refraction ; the sum being the latitude of the place of observation, of the same name as the declination. Let us examine Fig. 40 on this subject. If t he seen by F, 40 degrees below the pole W, it is evident that F must be 40 degrees north of the equator K. Now by rule, supposing t was to be seen, exactly in the horizon, without regard to dip or refrac¬ tion. The star's altitude would be evidently 0" Ó' 0". Add the star's north polar dis¬ tance, 40 degrees, and it will be F's distance north of the equator. Again, suppose the point perpendicular to p, to he a star, its declination 60 degrees north ; the com¬ plement of which is 30 degrees, its distance from the north pole. Hence, if the star's altitude be measured by F, when on the loweFmeridian, it will be found equal to 10 degrees. Therefore, if the star's N. P. distance, 30 degrees, be added to the observ- 'ed altitude 10 degrees, we have the latitude at F, 40 degrees north. And finally, sup¬ pose the star perpendicular to r, to be observed at F, its declination being 80 degrees north, the complement of which is its N. P. D. 10 degrees—the star's altitude would be equal to 30 degrees, on the lower meridian. Now by adding the star's N. P.-distance, 10 degrees, to this observed altitude, the sum is 40 degrees, the latitude of the observ¬ er at F. But if this star be observed when on the upper meridian, its altitude at F would be 50 degrees. Hence by the rule, the star's zenith distance at F, is 40 deg. south. Now by subtracting this Z. D. from the star's declination, 80 degrees north, the latitude is 40 degrees north—the same name as the greatest number ; and is the - same as when the star was supposed to he observed on the lower meridian, at an alti¬ tude of 30 degrees. f * It will be observed, that I have supposed the earth to turn on its axis from W. to E. in 24 hours ; but the truth is, it turns on its axis in 23 hours, 56 minutes, and 4 seconds, making about 366 revolu¬ tions in 365 days, or a year. The natural day would always consist of 23 hours, 56 minutes, 4 seconds, instead of 24 hours, if the earth had no other motion than that on its axis. But, while the earth has re¬ volved eastward once round its axis, it has advanced nearly one degree eastward in its orbit. To illus¬ trate this, suppose the sun to be upon any particular meridian at 12 o'clock on any day. In the space of 23 hoursj 56 minutes, 4 seconds afterwards, the earth will have performed one entire revolution j but it will at the same time have advanced one degree nearly in its orbit; and consequently that meridian which was opposite to the sun, the day before, will now be one degree eastward of it. Therefore the . earth must perform something more than one revolution, hefoie the sun appears again on the same me- ridiari So that the time from the sun's being on the meridian on one day, to its appearance on the same «tendían on the next day, is 24 hours. Í24 To find the correction in altitude of the NORTH POjLAR STAR, in any year.—Figs. 37&i3g. Rule.—Find the difference between the right ascension of the meridian and the star's right ascension. If this difference is more than 6 hours, and less than 12 hours, subtract it from 12 hours. ^ If it is more than 12 hours, and less than. 18 hours, subtract 12 hours from it. If more than 18 hours subtract it from 24 hours, and the remainder, in each case, will be the star's distance from the meridian in time, which reduce to degrees. Find the number of degrees at the top or bottom of table 2, Bowditch's Navigator, as if it were a course ; take from, the Nautical Almanac the star's north polar"distance, in minutes, as a distance ; seek in the distance column for the corresponding distance, opposite to which, in the right-hand difference-of-latitude-column, will be the required correction in minutes, or miles. This correction must be added to the star's observed altitude, corrected for dip and refraction, if the diflerence between the star's right ascension snd the right ascension of the ûieridian is morethan 6 and less than 18 hours, or otherwise it must be subtract ed, and the result will be the latitude of the place of observation. EXAMPLE I. If the observed altitude of the polar star he 43° 55' on the 21 of March, 1S30, at 9 hours past noon, what will be the latitude of the place of observation ? h ' " Sun's right ascension March 21, 1830 is 0 I 26 Time of observation 9 0 0 Right ascension of the meridian 9 1 26 Right ascension of polar star 0 59 12 Difference is more than 6 hours and less than ' 8 02 14 12 hours, subtract this difference from 12 00 00 Polar star's distance from the meridian 3 57 46 which being reduced to degrees is 59» 26' 30" Star's north polar distance 1® 35' 46" reduced to minutes is 96 nearly. Enter table 2 with this distance from the meridian in degrees, as a course, and the star's north polar distance 96 miles, in the distance column, opposite to which in the latitude column, will be the correction. Star's observed altitude 42® 55' Subtract for dip and refraction 5 Star's apparent altitude 42 50 Correction table 2 is added because the djfference between the star's right ascension and right ascension meridian is over 6 and less than 1&hours, and is found to be 0 49 Latitude of Portland Light-house 43 39 Having given a rule for finding the latitude by this star, I will now sho w the princi-. pie on which this calculation rests. Perhaps it will be well to observe, that the star describes a circle round the celes¬ tial pole, the radius of which, is equal to the star's north polar distance. This appa- et ^ 125 rent, motion is occasioned by the earth's diurnal motion on its axis from west to east ; hence thé star passes the meridian twice in 24 hours, once above the pole, and once be¬ low it I and of course bears due north at such times. The radius taken in the com¬ passes, to describe the star's apparent path. Fig. 38, (to which you are referred,) was 96 miles from the large diagonal scale, being the star s distance from the north pole, on the 23d of September, 1830; which is its polar distance tO vvithin a very few seconds at that time. The line t g, passing through P, divides this circumference in¬ to two semi-circles; a, represents the upper meridian ; g, the star's greatest western elonsation ; n, the lower meridian ; and t, its greatest eastern elongation. This circumference is divided into 24 equal parts, in the order of the letters a, b, c, d, &c. shewing the position of the star for every hour in the 24. Perpendicular to t P g, are drawn eleven lines, passing through 0 0 0, &£c. touching the points of the di¬ visions in the circumference ; the use of which will be hereafter given. Fig. 37 rep¬ resents the Earth ; the circumference A B C D, Sic. the parallel of 30 degrees north latitude : the letters are supposed to represent 24 meridians on the earth. The earth's diurnal motion is supposed to be from west to east, in alphabetical order. The sun is supposed to be at the first degree of Libra, on the 23d of September ; his right ascension therefore, is 12 hours, or 180 degrees, from the equinoctial pointY* Aries. The star is 1 hour, or 15 degrees, from this point—being the star's right as¬ cension on that day to within a few seconds. Having given a description of Figures 37 and 38, we will now commence on the Rule. The Rule says. If the difference between the right ascension of the meridian and the star's right ascension, is more than 6, and less than 12 hours, subtract it from 12 hours ; and the remainder will be the star's distance from the meridian. This is evidently correct ; for if this distance is over 6, and less than 12, the star would be between g n, (Fig. 38,) and approximating to the lower meridian n. If more than 12 hours, and less than 18 hours, subtract 12 hours from it ; and the remainder is the star's distance from the meridian. In this case the star would have passed the lower meridian at n, and would be between n, t, approaching its greatest eastern elongation, t. By subtracting 12 hours, we evidently should have the star's distance from the lower meridian n. And finally, if the^difference between the right ascension of the meridian, and the star's right ascension, is more than 18 hours, subtract it from 24 hours; and the remainder is the star's distance from the meridian. If more than 18 hours, the star is between t a. Therefore, by subtracting 18 hours, it evidently leaves the star's distance from the upper meridan a. As respects the correction, it must be added to the observed altitude, if the difference between the right ascension of the meridian, and the star's right ascension, is more than 6, and less than 18 hours. By referring to Fig. 38, it must be evident, that if the star's distance from the meridian be known at the time of observation, its distance on any line perpendicular to t P g, can be readily ascertained by the rule before*given. For sup¬ pose the star to be at b, ory, it is one hour from the upper meridian, in either case. At b, it has passed the meridian, and approaching its greatest western elongation. But at y, the star is approximating to the upper meridian a ; and in either case,^he correction is the same, and must be subtracted l^rom the observed altitude, because the star is viewed above the celestial pole P. If the extent from the point at 1 b, in the circumference to the point in o, represented by the dotted line perpendicular to t Pg, be taken in your compasses, it will be found equal to 93 miles on the large diagonal scale, which is the correction, when one hour from the meridian. But if the star be observed when at m or o, the correction must be added to the observed altitude in either case, as it is viewed below the pole P, and the extent oh the dotted line perpendicular to t P g,is precisely the same, viz. 93 miles. Let us again consider the Earth's diurnal motion to be according to the,order of the letters A B C D, &;c. (Fig. 37.) and ascertain to what point the star would be referred 126 in its apparent path arounî the pole, (Fig. 38) by an observer on the earth. Let us begin at A. (Fig. 37.) A would refer the star on the upper meridian to a, (Fig. 38) B to b, C to 0, D to d, E to e, F to f, and G to g, in a due west line with P, the pole ; consequently there could be no correction, the star being at an equal altitude with P, the pole. H to h, I to i, K to k, L to 1, M to m, and N to n, and of course the great¬ est possible correction additive, equal to the star's north polar distance, viz. 96 miles. O to o, P to p, Q to q, R to r, S to s, T _to t, being at its greatest eastern elongation and in a line with P the pole, and at the same altitude, and of course there can be no correction. And finally, U to u, V to v, W to w, X to x, Y to y, and A again to a, having the greatest possible correction subtractive, equal to the star's north polar dis¬ tance 96 miles. Let us endeavor to illustrate the whole principle by a few examples. It will be sufficiently near, to take the Sun's right ascension from the N. Almanac, for the nearest noon, hut in strictness it should be reduced to the hour of observation. h. ' " The Sun's right ascension on the 23d of September, 1830, is 11 59 43 the star's right ascension* is 1 h. 0 m. 43 sec. its annual variation in right ascension is 15 seconds additive ; its north polar distance is 1° 35' 46" ; the annual variation of its north polar distance is 19 seconds subtractive. Now in the following examples, we shall suppose the sun's right ascension to be exactly " 12 hours. The star's right ascension 15 degrees, or one hour, 1 hour. The star's north polar distance, 1° 36 rnin. EXAMPLE 1. Let it he required of an observer at A, (Fig. 37) on the 23d Sept. 1830, at 1 A. M. to find the correction of the star's altitude. Sun's right ascension Sept 23, Naut. Almanac is - 12 hours Time at A, I A. M., or 13 " 25 Sum From which subtract - 24 hours The remainder is the right ascension of the meridian 1 " Right ascension of the polar star is 1 " , Difference is 0 •on the upper meridian at A, and the correction is equal to the star s north polar dis- tance, subtractive, which is the distance from the point in P, to the point m the cir¬ cumference a, and will be found equal to 96 miles on the large diagonal scale. EXAMPEE 2. Let it be required of an observer at B, fig. 37, at the same time to find this correction. Sun's right ascension 12 hours Time at B is S A. M., or Sum 26 From which subtract 24 hours The remainder is the right ascension of the meridian at B 2 Star's right ascension ^ 1 hour' star's dist. * The star's right-ascension and north polar distance may be found in the Nautieal Almanee^undot the head Polaris. 127 from the meridian, which is equal to 15® with which enter lable 2, (Bqwdit«h's Navi¬ gator,) as a-course, and the star's north polar distance 96 miles in the distance column, opposite to which in the latitude column, will be the correctioti 92. 7, and is equal to the distance from the point in circumference at b, to the point in o perpendicular to t Pg- EXAMPLE 3. Let it be required of an observer at I to find the correction. Sun's right ascension 12 Time at I is 9 A. M., or 21 Sum 33 From which subtract 24 Right ascension of the meridian 9 Polar star's right ascension 1 8 this diñérenc« Is more than 6 hours and less than 12 4 hours ; star's dis¬ tance from the lower meridian, which is equal to 60 degrees ; with which enter table 2 as a course, and the star's north polar distance in the distance column, opposite to which in the latitude column, will be the correction which is 48 miles, and is equal to the distance from the point in the circumference at i, to the point in o, perpendicu¬ lar to the line t P g, measured on the large diagonal. EXAMPLE 4. Let it be required of an observer at F (Fig. 37) to find the correction. Sun's right ascension 12 hours Time at P, 3 P. M. Right ascension of the meridian at P, 15 Star's right ascension, 1 14 this difference i^ more than 12, &■ ^ . less than 18 h'rs. Subtract from it, 12 hours . , , ^ ^ hours'star's dis¬ tance from the lower meridian at P, which is equal to 30 degrees, with which enter table 2 as before, and the correction will be found equal to 83 miles, and one tenth, and is the distance from the point-in the circumference at p, to the point in o, perpen¬ dicular to t P g additive.- (Fig. 39.) EXAMPLE 5. Let it be required of an observer at W, to find this correction. (Fig. 37.) 128 Sun's right ascensi^, Time at W is 10 P. M. - Right ascension of the meridian at W Star's right ascension Difference is more than 18 hours and less than 24 hours subtract it from tance from the upper meridian, which is equal to 45 degrees with which enter table 2 as before, and the correction will be (bund equal to 67 miles and nine tenths', and is the distance from the point in the circumference at w, to the point in o, perpendicular to t P g. (Fig. 38.) To such as are unacquainted with Trigonometry, it may appear strange, that they should be referred to a table of difference of latitude and departure, to find the correc¬ tion to the star's altitude ; this table answers all our purposes, and has the advantage in being entered with the star's distance in degrees from either meridian, and taking the correction therefrom without any further trouble : but in order that the whole princi¬ pal be understood by those who have a desire to become acquainted with it, we will go through the first quadrant of the stag 's apparent motion, viz. from a to g. by trigo¬ nometry. ' EXAMPLE 1.—(fig. 39.) To find the correction to the star's altitude at b one hour or 15 degrees from the upper meridian. As radius 10.00000 Is to the star's north polar distance 96 miles 1.98227 So is the sine of the complement of the angle a P b 75® or its ' co-sine 15 ' 9.98494 12 10 22 1 21 V hours, this 24 hours. ; 3 the star's dis- Tothe correction when one hour from either meridian 92/^®g- 1.96721 Now it is evident that b u is the sine-of the arch b a pr the sine of the angle a P b, and P u its co-sine, and is equal to b m, fig. 3^. EXAMPLE 2 (Fig. 39./ To find the correction at c, 2 hours or 30® from the meridian. As radius 10.00000 Is to the star's north polar distance 96 miles . 1.98227 So is the sine of the complement of the angle a P c 60® or its co-sine 30® - 9.93753 To the correction when two hours from either meridian 83^^ 1.91980 c t is the sine of the arch c a, and P t its co-sme, and is equal to c 1. EXAMPLE 3—(Fig. 39.) To find the correction at d, 3 hours, or 45° from the meridian. As radius 10.00000 Is to the star's north polar distance, 96 miles 1.98227 So is the sine or co-sine of angle a P d 45 ^ 9.84949 To the correction 3 hours from either meridian 67^^®;^ 1.83176 129 d. s. is the sine eftbe arch d a, and P s its co-sine, hence the sine-and co«sine are- equal. " ■ . EXAMPLE 4.—(Fig. 39.) To find the correction at e, 4 hours or 60® from the meridian. As radius 10.00000 Is to the star's north polar distance, 96 miles 1.98227 So is the sine of the complement of angle a P e 30", or co¬ sine 60" 9.69897 To the correction-4 hours from either meridian 48 miles 1.68124 e r is the sine of the arch e a and P r its co-sine, and is equal to e i. To find the correction atf^ 5 hours or 75" from the meridian. As radius 10.00000 Is to the star's north polar distance, 96 miles 9.98227 So is the sine of the complement of angle a P f 15" or co¬ sine 75" 9.41300 To the correction 5 hours from either meridian 24j®„5^ 1.39527 f. q. is the sine of the arch f a and P q its co-sine. By the Table. By Trigonometry. 15" =92^^ 15» =92/^^ 30» = 83 J 30»=83,i„*, 45»=67,"o 45<' = 67,"„"o 60» = 48 60» = 48 75» = 24^^ - - 7.5» = 24i8o5, To ascertain the rate of the Chronometer by means of the acceleration of the fixed stars. It sometimes happens that a person, heing desirous of ascertaining the rate of a Chro¬ nometer, is so situated that the altitude of a heavenly body cannot be ascertained. In this case, the acceleration of the fixed stars, will afford him a very simple and easy method, as well as a very correct one, for this particular purpose. For if, through a small hole in a window shutter, or thin plate of metal fixed to a window, we observe at what time any star disappears behind a chimney, or corner of a house, at a little dis¬ tance ; and if the same star disappear the next night, 3 minutes 56 seconds sooner by the chronometer ; and on the second night, 7 minutes 52 seconds sooner ; the third night, II minutes 48 seconds .sooner ; and so on, every night—it is an infallible proof that the machine goes true ; otherwise it does not go true. And, as t,he disappearing of a star is instantaneous, we may depend upon this information to a half second of time. A PERPETUAL WEATHER TABLE....Ry Dr. Ilerschd. The following table, constructed by that celebrated astronomer, Dr. Berschel, upon a philosophical consideration of the attraction of the sun and moon, in their several po¬ sitions às to the earth, and confirmed hv the experience of many years' actual obser¬ vation, may, without doubt, suggest to tne observer what kind of weather will probably 17 . , 130 follow the moon's entrance into any one of her quarters, and that so near the truth that it will be very seldom found to fail. ■ - ■ * If it be new or full moon or the moon, enters into the first or . last quarter, at the hour of 12 at noon - - - Between the hours of 2 and 4 4 and 6 Afternoon, 6 and 8 Forenoon,. 8 and 10 ^ 10 and 12 Midnight and 2 r 2 and 4 4 and 0 6 and 8 8 and '10 SUMMER. Very Rainy. Changeable. Fair. Fair, if wind N. W. Rainy, if S. or S. W. Ditto. Fair. Fair. , Cold, with frequent showers. Rain. Wind and Rain. Changeable. 10 and 12 Frequent showers. WINTER. Snow or Rain. Fair and mild*. Fair. Fair & frosty,if wind Nor NE Rain or snow, if S. or S.W. Ditto. Fair iind frosty. [or S.W. Hard frost, unless wind S. Snow, and very stormy. Ditto. Stormy. Cold rain, if wind W. Snow, if E. Cold, with high wind. From the foregoing table, it will be seen that the nearer to midnight the moon's pe¬ riodical changes happen, (that is, within two hours-either before or after it,) the fairer the weather is in summer ; .while the nearer to noon that the changes take place, the fouler the weather. Fair weather may also follow, when the periodical changes occur during the afternoon six hours, namely, from four to ten ; but this is mostly- dependent on the wind.—The moon's entrance during all the hours after midnight, except the first two, is unfavorable to fair weather. The like, nearly, may be observed in winter. It appears that the effect of the moon on the weather was observed by Dr. Herschel in England, therefore in the winter column with the wind at N. East, is said to be fair weather ; but we should not infer from this that it would be fair with the wind at this point, in the northern section of our country at the same season. ON THE PURIFICATION OF WATER. " The most common expedient, for the purification of water, has been by quick lirne. This is equally effectual, whether slack or unslacked ; but should always be carried slacked to sea, to obviate the danger arising from the heat which is envolved in the process of slacking. To counteract the bad taste of water in a state of putrefac¬ tion, vinegar and other vegetable acids are usually employed. Various methods have been used for purifying water by filtration. The dripping stone is often used for this purpose, but for a large crew the quantity it affords is insufficient. - Pouring it through gravel, or a layer of gravel and charcoal, will afford a more abundant supply. A very simple filtering machine is mentioned by Dr. Blane. Let the narrow mouth of a large funnel be filled with a bit of sponge, over which let there be a layer of clean' gravel, or sand, covered with flannel, and over the whole another layer of sand. Muddy or offensive water being poured into this, runs or drops out clear ; and care must be taken to change the sand, sponge, 8¿c. frequently, as they will become loaded with the impurities of the water." 131 ON THE DISTILLATION OF SEA WATER. • • " When sea-water is boiled in a close covered pot or vessel, it may be observed, that the steam arising from it is converted into fresh water on the inside of the cover or pot. From a pot of thirteen inches diameter, by frequently removing the cover, and pour- ins; off the water collected upon it, a gill of fresh water may be procured in an hour. The cover of the pot should be, at least, five or sík inches above the surface of the sea-water, to prevent its boiling up to it. - Let us suppose a ship at sea to be in distress for want of water, having eight men otv board, and that the pot for boiling their provisions can contain five gallons and a half, being twelve inches in diameter ; hy the following simple contrivance, with only a tea¬ kettle, a musket and a cask, one gallon of fresh water may be procured every three hours, which is a pint for each man. File off the nandle of the tea-kettle, and fix the head of the kettle when inverted, into a hole made for that purpose in the cover of the pot ; this will prove a complete still head. Take the barrel of the musket out of the stock, and after unscrewing the breeching pin, pass the barrel through the cask by two holes made on each side, with a proper descent for the distilled water to run off; then stop up the holes in the cask, and fill the cask with cold sea-water ; which will be a refrigerator, or cooler, to con¬ dense the steam. In order to carry on the distilation, they should be joined by in¬ serting the spout of the tea-kettle into the upper end of the musket barrel. All the joints and places from whence the steam coidd escape, should be luted or stopped up. A paste composed of equal parts of chalk and meal, moistened with salt water, will do this effectually, and may he easily ttbtained. The tea-kettle and cover of the pot should also be kept down by a weight, or stantooned down from the top of the cam- boose-housê, to prevent the steam from forcing them up. If the cask should be too near the fire, the musket barrel, in which the steam is 'condensed, may be prolonged by the addition of the barrel of another musket, or by a wooden pipe. If the barrel of another musket be used, whose bore is not large enough to receive the extremity of the former, one end of it should be heated in the fire, and dilated with a marlin-spike. If a wooden pipe be used, it should .not be bored with a hot iron, as it is found by experience, that the burnt wood will impart a permanent dis¬ agreeable taste to the distilled water. If we may suppose a vessel at sea to have no tea-kettle on board, then let the wood¬ en-hand pump, with which the water is pumped out of the casks, be cut through ob¬ liquely, and joined, so as to form an acute angle. One end of this tube should be fix¬ ed into the hole made in the cover of the pot, the other should be fastened to the mus¬ ket barrel. By this, nearly the same quantity of water may be procured as by means of the tea-kettle. ^ It may be justly supposed, that the coppers used for boiling the provisions will in every ship contain more than the proportion of two quarts of water for every person on board. • If these were furnished with proper still-heads, they would be sufficient to yield, in distillation, the proportion of three pints of fresh and wholesome water for each man. In a British ship, called the Dortsetshire, by means of a tea-kettle and musket barrel, twenty-two quarts of sea water yielded nineteen quarts of fresh water in four hours, at an expense of ten pounds of wood., The distilled sea water is purer than spring, river, or even rain water. The taste which it receives from the distilling vessel is, in some measure lessened, by throwing away the first running from the still ; and is wholly removed by keeping the water for some time, or exposing it to the air^ when it will be found excellent well flavored wa¬ ter, which will keep perfectly sweet for many years, if put into clean vessels. 132 In cases of extremity, such is the constitution of our body, that thirst may be allevi¬ ated, and the morbid consequences arising from a want of water obviated, by wetting the skin or surface of the body with sea water, which faecomee thus inhaled, and an¬ swers in some degree the common purpose of drink." TO PREVEIVT SHIPS' FOUNDERIIVG AT SEA. The following account from the British Traveller seems to give ground to hope, that the improvements of the age are going to remove at least a portion of the perils of those'whogo down to the sea in ships and do business on the great deep. The lives and the property swallowed up by the ocean every year, amount to a fearful sum in the aggregate, and an invention that should diminish them by one half would confer a blessing upon the world, whose value would be too great for,calculation. " A very numerous meeting of the scientific world was held yesterday evening at the Royal Institution, Albemarle street, it having been announced that Mr. Watson would deliver a lecture on the mode of preventing ships foundering at sea. On enter¬ ing the .Theatre, the first thing that met the eye were two large tin reservoirs filled with water, and over one of them was suspended a beautiful model of an eighty gun ship, and other apparatus, intended to demonstrate the practicability of the plan proposed. The lecturer, Mr. Watson, proceeded to state the details of his plan. In one of the reservoirs was placed a tube filled with air. This floated, though one hun¬ dred and a half in weight was placed on it. He then proceeded to make experiments on the model of the eighty gun ship, which was loaded with a weight to be equal to having on board the full complement of men, provisions, Stc. for a four months' voy¬ age. A leak was sprung in the bottom of the vessel, and she gradually sunk. The model was then filled up with the air tubes, and the water was again let in, but the. model would not sink. The lecturer turned the model topsy turvy, but it instantly righted ; he afterwards forced it down below the surface of the water, but it instantly sprung up, the decks being quite free of water. He then placed a mast, loaded with one pound of lead at the top, which was equal to fifty tons, as compared with the re¬ lative size of the model, and though the mast was brought down to the level of the wa¬ ter, the model instantly righted. Thus it was demonstrated that any vessel having the ti&es could not sink. The lecturer then took retrospective and perspective views of the British Navy. Since 1793,'373 vessels of war had been lost, viz. 283 wrecked, 67 foundered, and 13 burnt, mounting 8000 guns ; which, at £1000 a gun, had been a loss to the country of £8,000,000 ; and 7700 seamen had perished. The Navy now consisted of 800 gun-ships, with 3500 guns, which were equal to 3| millions of money. These vessels could be fitted up, so that no impediment should be offered, at the rate of £4000 per vessel ; and the tubes being of copper, would yield nearly the whole amount a century hence. The safet}' tubes could be fitted in a King's ship at five shillings per cent. ; in an East Indiaman at three shillings per cent ; in a West Indiaman at twenty pence per cent ; and in general traders at two shillings, per cent, on the value of the ship and cargo. . The vessel so fitted up would require 250 tons above her register to sink her, af¬ fording a perfect life-ship to crew and cargo ; and if wrecked, every part of the vessel would become a life-boat. , The Russian, the American, and the French Government, had the plan under consideration, and also the King of the Netherlands. The lectur¬ er expressed his perfect conviction that ships so fitted up would never sink. The lec¬ ture was received with marked attention, and elicited great applause." exchange:. EXCHANGE. Exchange is the act of paying or receiving the money of one country for its equiv¬ alent in the money of another country, by means of Bills of Exchange. This opera¬ tion, therefore, comprehends both the reduction of monies and the negotiation of bills ; it determines the comparative value of the currencies of all nations, and shows how foreign debts are discharged, loaps and subsidies paid, and other remittances made frorp^ one country to another, without the risk, trouble, or expense of transporting specie or bullion. , BILLS OF EXCHANGE. A Bill of Exchange is a written order for the payment of a certain sum of money at an appointed time. It is a mercantile contract, in which four persons are mostly con¬ cerned, viz : 1. The Drawer, who receives the value, and is also called the Maker and Seller of the bill. 2. His debtor in a distant place, upon whom the Bill 4s drawn, and who is called the Drawee. He also is called the Acceptor, when he accepts the Bill, which is an engagement to pay it when due. 3. The person who gives value for the Bill, who is called the Buyer, Taker, and Remitter. 4. The person to whom it is ordered to be paid, who is called the Payee, and who may, by indorsement, pass it to any other person. Most mercantile payments are made in Bills of Exchange, which generally pass from hand to hand, until due, like any other circulating medium ; and the person who at any time has a Bill m his possession, is called the Holder. ^*When the Holder of a Bill disposes of it, he writes his name on the back, which is called Indorsing ; and the Payee should be the first Indorser. If the Bill be indorsed in favor of any particular person, it is called a Special In¬ dorsement, and the person to whom it is thus made payable, is called the Indorsee, who must also indorse the Bill, if he negotiates it. Any person may indorse a Bill, and every Indorser (as well as the Acceptor or Payee) is a security for the Bill, and may therefore be sued for payment. - The term of a Bill varies, according to the agreement between the parties, or the custom of countries. ■ Some Bills are drawn at sight; others at a certain number of days or months ^fter sight or after date ; and some at Usance, which is the customary or usual terra between different places. Days of Grace, are a certain number of days granted to the Acceptor after the term •f a Bill is expired. In the British dominions 3 days are allowed. ^ In reckoning when a Bill, pay,able after date, becomes due, the day on which it is dated is not included ; and if it be a Bill payable after sight, the day of presentment is not included. When the term is expressed in months, calender months are under¬ stood ; and when a month is longer than the succeeding, it is a rule not to go, in the computation, into a third month. ' 135 Thus, if a Bill be dated the 28th, 29th, 30th or 31st of January, and payable ona inontli after date, the term equally expires öii tlie last day of February, to which the days of grace must, of course be added ; and, therefore, the Bill becomes due on the 3d of March. ' ' j j No Bill of exchange drawn in Great Britain or Ireland can be negotiated, presented for payment, or in any way admitted as good in these countries, that is not written on a proper stamp ; and any person drawing, accepting or paying such a Bill, is liable te a,penalty. LAWS OF EXCHANGE. CT* The following Lates have been selected from the first legal authorities, and likewise examined and approved by several experienced merchants, bankers, and notaries-, and though these Laws apply chiefly to the British Dominions, yet they do not differ essen¬ tially from the regulations of other commercial countries, with respect to Accepting, It^orsing, Paying, Protesting, and Recovering Bills. ACCEPTING BILLS. When a bill is presented for acceptance it is g^enerally left until the next day ; and the common way of accepting is, for the Drawee to write his name at the bottom or across the body of the bill,, with the word accepted. An acceptance, however, in a slighter way, has been heretofore deemed binding ; thus, had the Drawee written his name upon any part of the bill, or the initials of his name, or the day of the month, or merely the word accepted, he was considered liable; but by an Act of the British Par¬ liament passed in 1819, it was declared, "that no person shall be bound or charged as Acceptor of an Inland or Foreign Bill of Exchange, otherwise than by an accep¬ tance of such Bill of Exchange written thereon or on "some one part of such Bill, if the same shall consist of more than one part." When two or more persons are in part¬ nership, the acceptance of one binds all the others, if the Bill concerns their joint trade ; but if it should be made known to the person who receives the Bill that it concerns the Acceptor only in a distinct interest, he alone, as acceptor, can be sued. A Clerk, or servant may accept a Bill for his master, when he has authority for tint purpose, or if he usually transacts business of this nature for him ; and his acceptance binds the master. But if the Bill be drawn nominally on the servant, directing him to place it to the account of his master, and if the servant should accept it generally, without specifying that he doe^ it for his master's account, the acceptance binds the servant only, and not his employer. When a Bill is drawn for the account of a third person, and is accepted as such,: and he fails without making provision for its payment, the Acceptor must discharge the Bill, and can have no recourse against the Drawer. A Bill may be accepted to be paid at a longer period than is mentioned in the Bill, or to pay a part of the sum only. Such an acceptance is binding on him who makes it ; but the Holder is at lib¬ erty to take it as it is offered, or to act as if acceptance had been entirely refused. The acceptance may direct payment to be made at a place different Irom that men¬ tioned in the Bill, as at the house of a banker ; in which case, if the Holder should neglect to demand payment within a reasonable time, and the banker should after¬ wards fail, the Holder must sustain the loss. When a bill has been one accepted, the acceptance cannot be revoked, though the Drawer should be found to have failed before the date of the acceptance. 136 INDORSING BILLS. Bills payable to bearer, are transferred by simple delivery, and without any indorse¬ ment ; but, in order to transfer a Bill payaWe to order, the Holder must express his order of paying to another person, which is always done hy an indorsement. An indorsement may be blank or special. A blank indorsement consists only of the Indorser's name, and the Bill then becomes transferable by simple delivery ; a special indorsement orders the money to be paid to some particular person, or to his order : a blank indorsement may always be filled up with any persons name, so as to make it special ; an indorsement may take place at any time after the bill is issued, even after the day of payment is elapsed. A person who receives a Bill with a blank indorse¬ ment may take it as Indorsee, negotiate it again, or demand payment on his own ac¬ count, or he may receive the money as agent, or for the account of the Indorser ; and the latter, notwithstanding his indorsement, may still appear as Holder in an action against the Drawer or Acceptor. A special indorsement need not contain the words to order, and the Bill is negotia¬ ble ; it may also be restrictive, giving authority to the Indorsee to receive the money for the Indorser, but not transfer the Bill again to another. An indorsement for part of the money only is not valid, except with regard to him who makes it : the Drawer and Acceptor are not bound by it. When the Holder of a bill dies, his Executors may indorse it ; by so doing, they become answerable to their Indorsee personally, and not as Executors. PAYING BILLS. Bills should be presented for payment, as well as for acceptance, during the usual hours of business, which are generally considered to be from nine o'clock in the morn¬ ing till six in the evening. The common mode of payment among merchants is by a draft on a banker for the exact amount of the bill, and signed by the Drawee ; but any paper whatever may be refused, except Bank of England notes ; and the Bank re¬ ceives no other. ' . PROTESTING BILLS. ^'^^Vhen acceptance or payment has been refused, the Holder of the Bill should give regular and immediate notice to all the parties, to whom he intends to resort for pay¬ ment ; and if, on account of unnecessary delay, a loss should be incurred by the fail¬ ure of any of the parties, the Holder must bear the loss. ■ , With respect to the manner in which notices of non-acceptance or non-payment are to be given, a Protest is indispensably necessary : thus a Public Notary is to appear with the Bill, and to demand either acceptance or payment ; and on being refused he is to draw up an instrument, called a Protest, expressing that payment or acceptance has been demanded and refused, and that the Holder of the bill intends to recover any damages which he may sustain in consequence. This Instrument is admitted, in foreign countries, as a legal proof of the fact. The Protest on a foreign Bill should be made in time to he sent off by the first convey¬ ance to the place where it was drawn or negotiated ; and if it be for non-payment, the Bill must be sent with the Protest. If the person who is to accept, has absconded, or eannot be found at the place mentioned in the Bill, Protest is to be made in the same manner as if acceptance had been refused. When an original Bill is lost, and another cannot be had of the Drawer, a Protest may be made on a copy ; but if a Bill left for acceptance be lost, the person with w^om 137 it was left must bind himself to payment, or else a Protest may be made out imme¬ diately. • " . • J . • It is customary, as a precaution against accident or miscarriage, to draw three copies of a foreign Bill, and to send them by different posts. They are denorniuated the First, Second and Third of Exchange; and when any one of them is paid, the rest become void and of no value. When the Acceptor of a Bill becomes insolvent, or absconds before, the term of pay¬ ment is expired, the Holder may cause a Notary to demand better security, and, on that being refused, to Protest the Bill for want of it. In such cases, however, the most general practice is to wait the regular time till the Bill becomes due. The damages incurred by non-acceptance and non-payment, besides interest, con¬ sists usually of the Exchange, re-exchange, commissions, and postage, together with the expenses of Protest and interest. The Exchange is reckoned according to the course at sight, from the place where the Protest is made to the place where the bill is to be paid by the Drawer; and if it be not paid there, the re-exchange is then reckoned from the same place to that where the Bill is paid, and also double commission. The interest commences from the day when the demand was made. After a Bill has been Protested, it is sometimes accepted by a third person, to save the reputation of the Drawer, or of an Indorser ; such an acceptance is called an ac¬ ceptance Supra Protest. The Acceptor then must appear in person, with witnesses, before a Notary, and declare that he accepts it for the honor of such a person, and subscribe the Bill thus :—Accepted, Supra Protest in honor of, &sc. The same may happen when the person on whom a Bill is drawn, having doubts about the Drawer, Protests it, but afterwards accepts it for the honor of one of the In- dorsers ; in this case the protest must be sent to the said Indorser without delay. The person for whose honor a Bill was accepted, must reimburse the Acceptor the amount of the Bill, commissions, and other charges, even though the acceptance should have taken place without his knowledge. If such a person approves of the acceptance, the Bill may be paid without any further Protest ; but if he should return no answer, or express his disapprobation of the acceptance, the Bill must be formally protested for non-payment against him to whom the Bill was directed ; and, on his persisting to re¬ fuse payment, the Acceptor may safely pay it for his account, as he can recover the amount. -, « RECOVERING BILLS. The Drawee, Acceptor, and every Indorsçr of a Bill, are equally liable to the pay¬ ment of it ; and though thé Holder can have but one satisfaction, yet, until such satis¬ faction is actually had, he may sue any of them, or all of them, either at the same time or in succession, and obtain judgment against them all, till satisfaction be made. Proceedings cannot be staid in any action, but on payment of the debt and of the costs, not only in that action, but in all the others in which judgment has not been obtained; and though the principal sura should be paid by one of the parties, still costs may be re¬ covered in the several actions against the others. When acceptance is refused, and the Bill is returned by protest, an action may be commenced immediately against the Drawer, though the regular time of payment be not arrived. His debt, in such a case, is considered as contracted the moment the Bill is drawn : thus,. if before the Bill is returned, the Drawer should become a bankrupt, the debt was contracted before the commission of bankruptcy took place. Nothing will discharge an Indorser from his engagement but the absolute payment 18 . _ ■ 138 of the money ; not even a judgment recovered against the Drawer or any previous In- dorser, or an execution against any of them, unless the money be paid in consequence. The Holder of a Bill, in order to entitle himself to recover against an Indorser, needs not shew that he has made a previous attempt to recover from the Drawer. If any Bill happens to be lost within the time limited for payment, the Drawer is to give another of the same tenor with the first; the person, however, to whom this new Bill is delivered, must give security to indemnify the Drawer against all persons whatsoev¬ er, in case the lost Bill should be found. When a person has indorsed a Bill, and it is re-indorsed to him, he cannot maintain an action against the person to whom he indorsed it. He that has accepted and duly paid a Bill, without having in his hands any effects of the Drawer, may recover in an action for money paid and laid out for the use of the Drawer. In an action against the acceptor of a Bill, it is a general rule that the Drawer's hand writing is admitted, because the acceptor is always supposed to be acquainted with the hand-writing of the person whose Bill he accepts; but if the same Bill has been indorsed, the hand-writing of the Indorser or Indorsers must he proved ; in case of a blank indorsement, however, the hand-writing of the first Indorser is sufficient. The same.takes place in an action by an Indorser against the Drawer. Proof of the Signature of a Servant is sufficient to bind the Master, when it is . proved that the Servant has authority to draw, accept, or indorse Bills in his Master's name ; and a subsequent assent is considered-as evidence of such authority'. A gen¬ eral custom of the Servant's Signature and the payment of the Master is likewise a suf¬ ficient proof of a general authority ; and this will continue to bind the Master until his determination to the contrary can be generally known. PAR OF EXCHANGE. The Par of Exchange may be considered under two general heads, viz. the Intrin¬ sic Par and the Commercial Par, each of which admits of subordinate divisions and distinctions. ' ' The Intrinsic Par'is the value of the money of one country compared with that of another, with respect botfr to weight and fineness. The Commercial Par is the comparative value of the monies of different countries according to the weight, fineness, and market prices of the metals Thus two sums of different countries are intrinsically at par, when they contain an equal quantity of the same kind of pure metal ; and two sums of different countries are commercially at par, when they can purchase an equal quantity of the same kind of pure metal. ' COURSE OF EXCHANGE. The Course of Exchange is the variable price of the money of one country, which is given for a fixed sum of the money of another country ; the latter is called the cer¬ tain, and the former the uncertain price. , When London merchants want to draw or remit Foreign Bills, they meet upon the Royal Exchange, where this kind of business must be transacted. They are distinguished into two classes, called Drawers and Remitters ; the former are also called Sellers of Bills, and the latter Buyers or Takers, and like buyers and sellers of all other articles, their interests are opposite. The market is constantly at¬ tended by Exchange Brokers, who generally bring the parties together and settle the price of Exchange for the day, when they have learnt how the market stands with re- 130 spect to the wants or offers of Buyers and Sellers. It should be observed that the prices of Bullion and Exchan2:e reciprocally determine, or at least influence each other. When the market price of Foreign Bills is above par, the Exchange is said to be favorable to the place that gives the certain for the uncertain, and the contrary ; thus, if the par between London and Hamburgh be computed at 35 Shillings Flemish, for I Pound Sterling, and the Course of Exchange is at 36 Shillings, the Exchange is said to be in favor of London, and against Hamburgh ; and the contrary, of course, takes place, if the price be under par. It should, however, be recollected, that when the Exchange is favorable to a place, it is only so to the Buyers and Remitters of Bills J but it is unfavourable to the Drawers and Sellers. , Tlius the interest of the "Remitter is identified with that of the place where he pur¬ chases the Bill, and the interest of the Drawer with that of the place where his funds are established and on which he draws. It is natural to inquire why such prices are considered favourable or unfavourable, if the Drawers and Remitters, whose interests are opposite, are natives of the same coun¬ try ? The usual answer is, that when the Exchange is against a place, it becomes the interest of Remitters to pay their foreign debts in Specie or Bullion, instead of Bills ; and the exportation of the precious metals is often considered a national disad¬ vantage. , The fluctuations of Exchange, are occasioned by various circumstances, both polit¬ ical and commercial. The principal cause is generally staled to be the Balance of Trade : that is, the'difference between the commercial exports and imports of any one country with respect to another. Experience, however, shows that the Exchange may be unfavourable to a country, when the Balance of trade is greatly in its favour ; for the demand for Bills must chiefly depend on the balance of such debts as come into immediate liquidation. That is to say, on the Balance of Payments. Besides, it does not follow that large Exports are always successful, or quick in their returns. And even should it be the case, the Balance of Payments may be still unfavourable from- political causes : such as foreign Loans, Subsides, Expeditions, or Colonial Establishments. Rich countries are often liable to have the Exchange turned against them, by the sums which they may have to remit to less opulent states, on account of their importations of luxuries. When any alteration takes place in the Coin, or Currency of a country, the Exchange vjill of course vary, so as to keep pace or correspond with such alteration. This,"however, cannot be considered a change in the price of Bills, but in the Money in which they are bought or sold. In times of peace, the course of Exchange seldom remains long unfavourable to any country, at least beyond the expenses that might be incurred by the transportation of the precious Metals ; for Bullion is considered the universal Currency of Merchants, and Exchange gives it circulation ; and thus tends to maintain the level of Money throughout the Commercial world. i ; Although an unfavourable Course of Exchange is generally considered a disadvan¬ tage to the place where it prevails, yet the,opinion is not always well founded, as much depends on the quantity of Bullion or Specie which the Country iTiay have to spare. And there is another consideration that renders the question sometimes doubt¬ ful, which is, that an unfavourable rate of Exchange, operates as an eticouragement to the Ex[)ortation of Goods, and as a check against the Importation. For the Exporter can afford to sell the Goods cheaper, in proportion to the Premium which he receives for his Bill. While, on the contrary, the Discount on Bills from abroad, operates as a Tax, or Duty, on Importations. Tims, Exchange has a natural tendency to correct itself, and may be considered, in ordinary times, as vibrating to restore an equilibrium. USANCES, AND OTHER CUSTOMS, RELÂTmG TO BILLS OF EXCHÂJVGE, IN THE PRINCIPAL COMMERCIAL CITIES OF THE WORLD. AMSTERDAM. Usances are in general one month after date and days of grace, which are nomi¬ nally six, are seldom taken. AUGSBURG—(In Germany.) The usance is 15 days ; half usance 8 days ; double usance 30 days; usance 23 days after sight. The payment of Bills of Exchange in Augsburg is generally settled at the Scontro, which takes place every Tuesday ; and then they are paid on the Wednesday, either in cash, or in assignations, or drafts. Thus bills have from 1 to 8 days grace ; for such as fall due on the Tuesday must be paid the next day ; but such as fall due on the Wednes¬ day are not paid till that day week. _ ^ Bills, however, drawn a vista or at sight, must be paid within 24 hours after being presented ; as also any other bills which are not presented until after the Wednesday snbsequent to the day on.which they become due. BREMEN. The usance for bills drawn from the other parts of Germany is 14 days sight ; from London and Paris, one month after date. The days of grace are 8 ; but for promisory notes, and bills at short sight, no days of grace are allowed. BERLIN—(In Prussia.) The usance for bills drawn on Berlin, is 14 days after acceptance. Berlin draws on Amsterdam, Breslau, Hamburgh, and Leipsic, at 4 or 5 weeks date, and at sight ; on London and Paris at 2 months date. The days of grace, by the edict of 1751, are three ; but if the third day should fall on a Sunday or holiday, (or on a Saturday for Jews,) the bill must he paid on the preceding day ; and should all the' three days be holidays, the bill must be paid on the very day on which it is made payable ; but a Pro¬ test for non-payment of such a bill may be delayed without any danger to the holder, till the last day of grace. . BRESLAU. The usance for bills drawn on Breslau is 14 days after acceptance ; half usance 8 days ; and the days of grace are three. For bills, however, payable at the fairs, no 141 days of grace are allowed ; but such bills must be settled on the last day of payment in those fairs, or else be protested. - . i-* i j » . Breslau draws on Amsterdam and Hamburgh at sight, or at 4 or 5 weeks date , on Berlin and Königsberg, at sight, or 8 or 12 days date ; on Vienna, Leipsic, and other parts of Germany, at usance of 14 days sight ; on Pans and London, at 2 or 3 months after date. . ■ " CONSTANTINOPLE—(In Turkey.) Bills between Constantinople and the principal trading places of Europe, are com¬ monly drawn at 31 days sight; but from one place in Turkey on another, at 11 days sight. Some European merchants pay their bills on the very day on which they be¬ come due; and others take as many days grace as are allowed in their own countries respectively. Bills are sometimes dated in the Turkish way. COPENHAGEN—(In Denmark.) The transactions relating to exchanges, are generally made in Danish currency ; (which includes bank notes ;) but most of the foreign exchanges are regulated by those of- Hamburgh, bills drawn on Copenhagen being sometimes made payable in Hamburgh banco. There is no established Usance ; but bills are made payable on a certain day. Eight days grace are allowed ; and if bills be not paid within that time, they may be protested immediately, and tbe protest cannot be delayed beyond the tenth day, otherwise the holder of the bill is to bear all risks and expenses. The days of acceptance and protest, as also Sundays and holidays, are included in the ten days ; but in Altona, bills may be protested on the eleventh day. DANTZIC. The Usance is 14 days after acceptance. The days of grace are ten ; and whea the tenth day falls on a Sunday or holiday, the bill must be paid on the preceding day. But bills at sight, or such as are presented after the days of grace are elapsed, must be either paid or protested within 24 hours after being presented, which may be done even on a Sunday. Bills at 14 days sight have three days grace allowed. Bills drawn in Dantzic, cannot be negotiated there a second time, but must be remitted by the first holder to the place on which they are drawn. PRANCE. Throughout France, the usance of bills is 30 days, not including the date. Bills are drawn at several days' sight, or at a fixed day, at usance, at double usance, and at several usances. Since the first of January, 1808, no days of grace have been allowed in France ; and every bill must be paid on the same day that it becomes due. There is, however, in certain cases, a very liberal allowance of time, called Délais, which, with various oth¬ er regulations, are explained in the following laws of Exchange, extracted from the Code de Commerce. Art. 125. A bill of exchange must be accepted on presentation, or at latest withi« 24 hours after presentation. Non-acceptance is proved by an Act called Protei fau¬ te d''acceptation. Art. 130. A bill of exchange at sight is payable on being presented. Art. 131, The expiration of a bill of exchange at one or more days, at one or 142 more monihs, at one or tnore usances, or at sight, is fixed by the date of acceptance, or by that of the Protest in default ol acceptance. The months are those fixed by the Gregorian Caliender. Art. 133. A bill of exchange payable at a fair, becomes due on the eve of the day fixed for the close of the fair, or on the day of the fair if it lasts only one. day. Art. 134. if a bill of exchange falls due on a legal fair-day, it is payable on the eve of that day. Art. 160. The holder of a bill of exchange drawn from the continent, or from the islands of Europe, and payable in the European possessions of France, either at sight or at one or more days, months, or usances at sight, must demand payment or acceptance within six monihs of its date, under penalty of losing all claitn on the endorsers, and even on the drawer, if the latter has made provision. The délai is eight months, for bills of exchange drawn from the Levant, and from the northern coasts of Africa, on the European possessions of France ; and reciprocally from the continent and the islands of Europe, on the French establishments on the Levant, and on the north coasts of Alrica. - The délai is one year for bills of exchange, drawn from the western coasts of Africa, as far as, and including, the Cape of Good Hope. One year is also allowed for bills drawn from the continent, and islands of the West Indies, on the European possessions of France ; and reciprocally from the continent and islands of Europe, on the French pos¬ sessions or establishments on the western coast oí Africa, and the continent and islands of the West Indies. The délai is two years for bills of exchange drawn from the continent and isl¬ ands of the East Indies, on the European possessions of France; and recipro¬ cally from the continent and islands ol Europe, on the French possessions or establish¬ ments on the continent and islands of the East Indies. The same penalty shall take place against the holder ,of a bill of exchange at sight, at one or more days, months, or usances at sight, drawn from France, or from the French possessions or establishments, and payable in foreign countries, if he do not demand payment or acceptance within the délais ahove prescribed for each of the respective distances. The above délais of eight months, one year, or two years, are double in case of a mar- atime war. The above regulations, however, shall not prejudice any contrary stipulations that may intervene between the taker, the drawer, and even the indorsees. The holder of a bill of exchange must demand payment the day that the term expires. Refusal of payment must be proved the morning after the day of expiration, by an Act called Protêt faute de paiement. If this day falls on a legal fair-day, protest is made the following day. The holder is not excused from making protest in case of non-payment, either by the protest in case of non-acceptance, or by the death or failure of the person on whom the bill of exchange is drawn. In case of the failure of the acceptor before the term of the bill expires, the holder may protest and bring his action. Bills of exchange drawn from France, and payable beyond the continental territory of France in Europe, being protested, the drawers and indorsers residing in France, shall be sued within the following délais : Two months for bills payable in Corsica, the Isle of Elba or Capraia, England, and the States on the confines of F ranee. Four months for bills payable in other European States. Six months for bills payable in the ports of the Levant, and the northern coasts of Af¬ rica. 143 One year for bills payable in the western coasts of Africa, extending as far as, and including the Cape of Good Hope, and also in the West Indies. Two years for bills payable in the East Indies. ,. • > These de/ais shall be observed in the same proportions in proceeding against drawers and indorsers residing in the French possessions not situated in Europe. The above délais of six months, one year, and two years, shall be double in times of a maritime war. FRANCFORT. Bills drawn on Francfort at one usance, (by which is understood 14 days after ac¬ ceptance,) also bills drawn at 4 days or more after sight, or after date, have 4 days grace allowed, besides Sundays and holidays. But when a bill has no acceptor, or when it is payable by the drawer himself, if not honored when due, and if the first in- dorser, or the person to whose order the bill is drawn, refuses to accept it, the bill must be protested on the very day it becomes due. There are no days of grace allowed on bills—a vista, (at sight,) or at less than 4 days sight or date. All such bills must be paid within 24 hours of the specified time. GENEVA. The usance of bills drawn on this place from Holland, England, and France, is one month of 30 days; from Germany and Italy, 15 days sight. In default of payment on the maturity of a bill, it must be jtrotested on the fifth day afterwards, exclusive of Sundays. Geneva draws on Amsterdam, Paris, and London, at 3 months, and sometimes at 2 months date; on Genoa, Leghorn, Milan and Turin, at 8 days sight; on Lyons at sight and at the payments. - The holder of a protested bill, which had been accepted or indorsed by an inhabi¬ tant of Geneva, must prove his debt, and sue for payment within 8 days, if he (the holder) resides in Geneva ; but if in any other part of Switzerland or Savoy, a month is allowed him ; and the same if at Lyons ; if in any other part of France, or in Italy, Germany, Flanders, or Holland, 2 months. The allowance for a' person residing in England, Sweden, or Dentnark, is 3 months ; and 4 months for a person resident in Spain or Portugal. The same terms are granted when bills drawn from Geneva on the above places have been protested : but if the holder of such bills should neglect to make his demand within the proper time, as above stated, he forfeits all claim on his Genevese debtor. GENOA. The usance for bills drawn on Genoa from Amsterdam, Hamburgh, Spain, and Sicily, is 2 months, and from London and Lisbon, 3 months after date ; from Naples, Ancona, and Trieste, 22 days sight; Venice and Rome, 15 days; Augsburg and Vienna, 14 days; Leghorn, Milan, and Turin, 8 days sight; Constantinople and Smyrna, 30 days sight. Thirty days are allowed to the holder of a bill to demand payment ; but no days of grace are allowed to the acceptor. A bill may be protested on the next day after it becomes due, though it is usual to delay the protest until the first post day for the place from whence the bill came. 144 HAMBURGH. The usance for bills drawn from all parts of Germany, is 14 days sight; when bills are drawn at usance, the day of acceptance is reckoned for the first ; but when at any other number of days after sight, the day after acceptance is reckoned for the first. The usance for bills drawn from England, France, and Holland, is 1 month after date ; from Spain, Portugal, Trieste, and Italy, 2 months after date. Twelve days of grace are allowed for payment or protest; the day on which the bill would,hecome due, if no grace were allowed, is reckoned for the first day ; and Sun¬ days and holidays are also included in the 12 days. The days of grace are seldom now taken. LEGHORPr. Foreign Bills of Exchange on Leghorn are by law payable in gold ; and all quo¬ tations and calculations of such bills are made in gold money. This is a money of ac¬ count differing from the silver by a fixed agio of 7 per cent. Thus, 100 Fezze gold money are equivalent to 107 Pezze silver money. No days of grace are allowed ; but bills are paid three times a week at the Stanza, a place where the cashiers meet on Mondays, Wednesdays; and Fridays : thus bills which become due on Tuesdays, Thursdays, or Saturdays, are not payable till the fol¬ lowing days of meeting and payment. When a bill is negotiated in'Leghorn on a Monday, the value of it is not paid till the Friday following; and when on the Wednesday or Friday, it is hot paid until the following Monday. If, in the interval, the Leghorn merchant, who took the bill, should be declared a bankrupt, and if the bill had been negotiated to answer or effect some commercial transaction ordered from a foreign place, the loss must fall on the mer¬ chant at the said foreign place, and not on the merchant of Leghorn, who drew or nego¬ tiated the bill. When the drawer of a bill accepted in Leghorn, becomes a bankrupt, and the date of his bankruptcy is anterior to that of the acceptance, the acceptance can be declared null and void, and the money may be deposited in the hands of magistrates till the date of the failure has beert ascertained. LONDON. The usance for bills drawn from Holland, Germany, and France, is 1 month ; from Spain and Portugal, 2 months ; and from Italy, 3 months, all after date. The usances with other places, will be found under their proper heads respectively. Three days grace are allowed on all bills payable at usance, or after'date, or at so many days sight ; but if the third day should fallón a Sunday, payment must be made on the preceding Saturday. Bills at sight, or on demand, must be paid on the day they are presented. For the Laws and Customs relating to Bills of Exchange, see Laws of Exchange, LISBON. Payments in Portugal have been of late years, made in what is called legal money or currency, which consists of one half in effective money or specie, and one half in gov¬ ernment paper. The latter is at a discount. • The usance for bills drawn from Spain is 15 days' sight ; from London, 30 days' sight ; from Germany and Holland, two months after date ; from France, 60 days af- U5 ter dale ; from Italy, and from treland, 3 months after date. Six days' grace aré al¬ lowed on foreign bills, when they have been accepted. But unaccepted bills must be either paid or protested on the day of expiration. Bills drawn from any part of the Portuguese dominions, both in Europe and other parts of the world, are allowed 15 days' grace. LEIPSIC. Bills are presented for acceptance in the four first days of the fair, and the accept¬ ance can be delayed, at New-Year's fair, only till the day before the second proclama¬ tion. But at the other two fairs, till the Friday in the first week, ten o'clock in the forenoon at the latest. And if the acceptance should not then have taken place, the bills must be protested. The time of payment of bills of exchange is during the five first days after the close of the fair is proclaimed ; so that, at New-year's fair, payment must be made on the 12th of January, at latest. And at the other two fairs, on the Thursday iii the second week ; in default of which, the bills must then be protested before 10 o'clock at nighty or all recourse is lost against the drawer. The usance in Leipsic is 14 days after acceptance. When bills are made payable any number of days after the fair, the time is reckoned from the Monday in the week of paymetit of the Easter and Michaelmas fair; but at New-year's fair, from the 16th of January. No days of grace are allowed here ; but, on the day a bill becomes due, the holdei must demand payment- Neither is he permitted, in case of non-payment, to connive at any delay, but must on the very day, have it protested, with interest, expenses, Sic., and return the bill the first opportunity. If he neglects any of these regulations, he loses all claim on the drawer and indorsers. Bills payable a vista, or on demand, may be presented and accepted even ort ä Sunday or holiday, and must be paid within 24 hours after acceptance. MILAN. The usance for bills drawn from Genoa, Leghorn, Piedmont, and all Lombardy, is 8 days' sight. From Rome, Florence, Augsburg, Vienna", and all Germany, 15 days' sight; from Venice, 20 days' date; from Naples, and Sicily, 20 days' sight; front France, and Savoy, 1 month after date; from Spain, Holland, and Flanders, two months ; from London, 3 months after date ; the month to be always reckoned at 30 days. Bills at sight must be paid on being presented ;, bills payable at usance, or some days after date or sight, must be paid the day after their written term ex¬ pires ; and if this should fall on a Sunday, or holiday, payment is to be made on the next working day. - • Thus no days of grace can be claimed at Milan. , Yet the holder of the bill may grant to the person who is to accept it, three days. In such a case, however, the bill must be carried to the notary of the chamber of commerce, who writes upon it Seen on such a day ; and when the bill is afterwards accepted, the acceptance is to be dated from the day when it was first presented. But if refused, the protest is to take place on the day marked by the notary. The same grace may be allowed with regard to pay¬ ment, when the bill becomes due ; but any delay is always at the option of the holder. NAPLES. ' The usance for bills drawn from any part of the kingdom of Naples, is 15 days af^ ter acceptance; and from Sicily, Genoa, Venice, Leghorn, and Rome, 22 dayä. 146 From Spain, 2 months after date ; and from London, 3 months. The acceptance is to take place on the Saturday alter the arrival of the post from the place where the bill was drawn. But bills payable at so many days' sight or date, must be accepted or pro¬ tested on being presented, without any delay. Three days' grace are allowed, except for bills at sight. ROME. Rome draws on most places at usance, which is 3 weeks after acceptance ; but bills on Paris, are drawn at from 30 to 90 days' date, and on London, at 8 months. Bills drawn on Rome at usance, from any part of the ecclesiastical States, are ac¬ cepted on the Wednesday, or the Saturday. Bills from foreign parts are generally ac¬ cepted on the Saturday in the week in which they are received, except those from the kingdom of Naples, which are accepted on the Friday. Protests for non-acceptance or non-payment, are to take place on those days. The usance is properly 2 weeks af¬ ter acceptance ; and it has been the constant practice of bankers to pay their bills at the expiration of the 14 days : a week of grace, however, is allowed ; and merchants, and all other traders, except bankers, avail themselves of it. This week is understootl in the following manner : bills accepted on a Friday or Saturday, are paid 21 days af¬ ter acceptance ; but the period for bills accepted on a Wednesday, is only 18 days. Bills drawn at so many days' sight, must be paid on the day their written term ex¬ pires. SPAIN. The usances and days of grace vary in different parts of the kingdom. Thus, at Mad¬ rid and Seville, the usance for bills drawn from England, France, Genoa, and Leg¬ horn, is 60 days after date j from Amsterdam, Hamburgh, and other places in the north of Europe, 2 callender months. At Cadiz and Bilboa, the usance from France is 1 month after date ; and from the other parts of Europe, 2 months after date. At Barcelona, the usance for all foreign bills is 60 days after date. In all parts of Spain, the usance for bills drawn from Rome, is 90 days after date, without any days of grace. ' . The days of grace for all other bills drawn on Madrid, Seville, Bilboa, and Barce¬ lona, are 14 days, provided the bills be accepted before they become due ; otherwise no days of grace are allowed. Such bills must be protested immediately. At Cadiz, 6 days' grace are allowed in all cases. ]b drawing bills of exchange on Spain, it is customary to write " Payable in effec¬ tive," in order to distinguish cash from Vales Reales, which are of inferior value. - Vales Reales (or Royal Bonds,) are a kind of paper currency, which was first is¬ sued by the Spanish government in 1800, in bonds of a certain number of Pesos, transferable by indorsement, and bearing an interest of 4 per cent, per annum. They are still in circulation, at a depreciated and fluctuating value. Vales Reales, are generally quoted at so many per cent, loss ; thus they are quo¬ ted at 80 per cent, when their real value is 20 per cent. At Cadiz, however, they are valued in hard Dollars ; thus a Vale of a certain number of Pesos, is quoted at a variable number of hard Dollars. " 147 SICILY—{For Monks of Exchange, see Palermo.) r Bills are drawn on Leghorn at Genoa at usance of one month after acceptance, or at 2 months date, or at a few days sight ; on Rome, Venice, and Naples, at 8 or 15 days sight ; on London, at 3 months date. The usance for bills drawn from Naples, Ancona, Rome, and Venice, is 21 days after sight; and from the rest of Italy, 15 days after sight. From France, 30 days after date ; from Amsterdam, Antwerp, Hamburgh, Portugal, and Spain, 2 months, and from England, 3 months after date., No days of grace are allowed here in any case. ■ SWEDEN—{For Monks of Exchange, see Stockholm.) Bills of Exchange are seldom drawn from abroad on Sweden, as this country, like Russia, generally settles her commercial debts by drawing and remitting foreign bills. The usance is reckoned at 1 month after sight. Six days of grace are allowed for the payment of bills; (Sundays and holidays included ;) if the sixth day, however, should fall on a Sunday or holiday, the bill must be paid on the preceding day ; but those six days are not understood to be granted, except in cases of necessity ; and a person who wishes to preserve his credit, must not claim any days of grace, but pay his bills on the day they are made payable. • Bills payable on demand, or at 2 or 3 days sight, are not allowed any days of grace ; bills payable in the middle of a month, become due on the 14th, whatever may be the number of days in that month ; and the six days of grace are allowed. When a bill payable after date, is not presented till 2 or 3 days after its written term is expired, no more days of grace are allowed than may remain unelapsed at the time of presentation. RUSSIA—{For Monies of Exchange, see Feie.vlsbvb.gü.) Bills drawn in Russia which are payable after date, are allowed 10 days grace, but if payable at sight, three days only ; Sundays and holidays are included in both cases. Payment must be demanded in the morning of the day the bill becomes due; and in case of non-payment, the protest should take place at latest on the following day. The 10 days grace are allowed, even though the written term of the bill should be elapsed before it is presented or accepted. But bills payable at so many days after sight, are not allowed any days of grace ; and if the acceptance be delayed, the term is reckoned from the day on which the bill was presented. Throughout all Russia, the Julian Callendar, or Old Style, is still retained, which (since the year 1800) is 12 days later than the New Style, and in Leap years, 13 days, after the month of February. Thus a Russian bill dated the first day of any month, must be reckoned from the 13th day of the same month, in England, and in every other place where the Gregorian Callendar or New Style is used, and the 14tb of it be a Leap year. TURIN. The usance for bills drawn from London, is 3 months after date; from Holland, the Netherlands, Hamburgh, Spain, and Portugal, 2 months; and from France, 1 month. The period allowed for the payment of bills drawn from any other country besides the foregoing, begins on the day they are presented for acceptance, and ends on the day when an answer can be had, by the regular post, from the place where the bill was 1148, drawn or negotiated. Hence the usance for bills drawn in Geneva, Genoa, and Milan, is commonly reckoned at 8 days after sight; for those drawn in Venice, Florence, Leghorn, or Rome, 10 days sight ; in Augsburg, Vienna, and other places in Ger¬ many, 15 days sight; and for those drawn in Naples and Sicily, at 21 days sight.—' The presentation for acceptance of a bill payable at a determined period, cannot be delayed beyond 2 months after the date of the bill : the same regulation is observed with regard to claiming the discharge of a bill payable at sight : if it is not claimed within that period, it is supposed that the necessary steps have not been taken to ob¬ tain payment. ^ The day on which a bill is dated, is always reckoned in the term it has to run. The holder of a bill payable after date, is at liberty either to demand payment when it becomes due, or to wait till the fifth day; and if this should fall on a Sunday or holiday, payment is,to take place on the next following day of business; but bills at sight niust be paid when presented. UNITED STATES OF AMERICA, The money of account is the dollar of 100 cents. The standard quality of silver, on which the currency is based, is 10 oz. 14 dwts, 4 gfs. fine, in 12 ounces. An ounce of which is worth 115^ cents. The weight of the dollar is 17 dwts. 8 grs. equal to 416 grains. An ounce of Standard gold is worth $17,71 cts. or 27 grains for a dollar. " In regulating the value of our own and foreign coins, our laws have fixed the value of one ounce of gold at fifteen of silver. But throughout commercial Europe, gold is valued both in commerce and by law, at a higher comparative value. In this country it is worth more than the legal rate, or, in other words, it is sold at a premium. Thence it appears, that while the gold in which a bill of £100 sterling is payable in London at $4,44f the commercial par, it is intrinsically worth much more ; and therefore while a bill, bought here in dollars, might bring exactly the same amount in London, a bill, payable in the gold coin of England, or in paper at par with gold, might be from five to ten per cent, above par." , Bills of Exchange.—Foreign bills are generally drawn at a certain number of days after sight ; and the rate of exchange is sometimes speeified. Bills payable in the United States are mostly deposited in banks; and when the term of a bill is expired, notice is sent .fiom the bank to the acceptor, who must in three days (the days of grace) take up his bill, or it will be protested. When bills of exchange are returned to the United States, and protested for non¬ payment, there are certain damages and interest charged on the original amount of each, besides notarial expenses; and if the holder declines accepting payment in new- bills, he is entitled to an equivalent in currency at the actual rate cff exchange on-the day of setdement. fhe following are the damages and interest charged in the different States, on Foreign Bills of Exchange, which are returned and protested for non-payment. New England, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Louisiana, Damages. 10 per cent. 20. per cent. 20 per cent. 20 per cent. 15 per cent. 15 per cent. 15 per cent. 15 per cent. 10 per cent. Interest. 6 per cent. 6 per cent. 6 per cent. 6 per cent. 6 per cent. 6 per cent. 6 per cent. 6 per cent. Time charged. From the date of the protest. From presenting the protest, From ditto. From ditto. From the date of protest. From ditto. From ditto. . From, ditto. From ditto, 149 Extract from the Laws of New York, which went into operation Jan. I5Í. 1828. Sect. 18.—The rate of damages to be allowed and paid upon the usual protest for non-payment of Bills of Exchange, drawn or negotiated within this State, shall, in the following cases, be as follows :— 1. If such bill shall have been drawn upon any person or persons, at any place in either of the States of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New Jersey, Pennsylvania, Ohio, Delaware, Maryland, or Virginia, or in the District ofColumbia, three dollars upon the hundred upon the principal sum speci¬ fied in such bills. • • , 2. If such bill shall have been drawn upon any person or persons, at any place of North Carolina, South Carolina, Georgia, Kentucky, or Tennessee, five dollars upon the hundred, upon the principal sum specified in such bill. 3. If such bill be drawn upon any person or persons, at any place in any other State or Territory of the United States, or at any other place on or adjacent to this continent, and north of the equator, or in any British or other foreign possessions in the West Indies, or elsewhere in the Western Atlantic Ocean, ten dollars upon the hundred upon the prin¬ cipal sum specified in such bill. 4. If such bill shall have been drawn upon any person or persons, at any port or place in Europe, ten dollars upon the hundred upon the principal sum specified in such bill. Sec. 19. Such damages shall be in lieu of interest, charges of protest, and all "other charges incurred previous to and at the time of giving notice of non-payment ; but the holder of such bill shall be entitled to demand" and recover lawful interest upon the ag¬ gregate amount of the principal sum specified in such bill, and of the damages thereon, from the time at which notice of protest for non-payment shall have been given, and pay¬ ment of such principal sum shall have been demanded. Sec. 20. If the contents of such bill be expressed in the money of account of the United States, the amount due thereon and of the damages herein allowed for the non-payment thereof, shall be ascertained and determined without reference to the rate of exchange existing between this State and the place on which such bill shall hav^ been drawn, at the time of the demand of payment or of notice of non¬ payment. ^ Sec. 21. If the contents of such bill be expressed in the money of account or curren¬ cy of any foreign country, then the amount due, exclusive of the damages payable there¬ on, shall be ascertained and determined by the rate of exchange or the value of such for-* eign currency, at the time of the demand of payment. DAMAGES ON BILLS OF EXCHNGE IN GEORGIA. » An act, to reduce the damages upon Bills of Exchange, drawn on any place beyond the limits of the United States, returned protested for non-payment, and to define more precisely the mode of settling the same, on the principle of re-exchange. Whereas the damages at present established by commercial custom and judicial deci¬ sion in this State upon foreign Bills of Exchange, returned under protest, are much too high ; and whereas, a doubt exists what is the legal mode of settlement—for remedy wherefore— Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same. That on all Bills of Exchange drawn in this State, after the 3Ist day of January next, upon any place beyond the limits of the United States, which shall be returned protested for non¬ payment, it shall be lawful for the holder or holders thereof to recover from those liable for the payment thereof, the amount of the said Bill of Exchange, with postage, protest, other necessary expenses, and interest upon the amount of these-sums, from the date of protest until the time of presenting the same for payment in this State, at the rate estab¬ lished at the place at which the bill was payable, and also such premium upon the face of the bill and the foreign postage, protest, and necessary expenses, as good Bills of Ex¬ change upon the same place where such bill was made payable, are worth at the time and 150 place of its demand in this State : but if such bills are then and there at a discount, the holder shall deduct such discount upon and from the items of principal, foreign postage protest, and necessary expenses. ' Sect. 2.—And be it further enacted, That it shall be latlful for the holder of such bill of Exchange, so returned protested as aforesaid, also to claim and receive, from the per¬ son or persons liable therefor, damages at the rate of ten per cent, upon the amount for which the said bill was drawn. Sec. 4.—And be it further enacted. That it shall be lawful for the holder or holders of such bill or bills returned protested as aforesaid, to recover the legal interest establish¬ ed in this State, from the time of presentment for settlement until paid, upon the sum or sums to which he would be entitled by the before mentioned mode of settlement. IRBY HUDSON, Speaker of the House of Representativts. THOMAS STOCKS, President of the Senate. Assented to, Dec. 21, 1827. JOHN FORSYTH, Governor. VENICE. The usance for bills on this place, drawn from Hamburgh, Holland, France, and Spain, is 2 months' date ; from Lisbon and London, 8 months' date ; from Ancona and Rome; 10 days after acceptance ; from Bergamo, Mantua, Milan, and Modena, 20 days date; from Augsburg, Bolsano, Francfort, Genoa, Naples, Nuremburgh, Sicily, St. Gall, and Vienna, 15 days after acceptance; and from Bologna, Ferrara, Florencè, Leghorn, and Lucca, 5 days after acceptance. VIENNA. Usance is 14 days after acceptance; half usance, 7 days; 1^ usance, 21 days ; double usance, 28 days, including Sundays and holidays; but-the day of acceptance is not included. Bills payable medio mense, (in the middle of the month,) are reckoned due on the 15th ; and are allowed, like other bills, 3 days grace, if necessary. When the written term of a bill is expired, 3 days of grace are allowed ; and if the •bill should not be paid by five o'clock on the third day, it must be immediately-protes- jted and returned. In these days of grace, Sundays and holidays are included ; but if the day of payment should fall on a Sunday or holiday, the bill must be paid on the next following day of business. This allowance of 3 days, however, is only made in .order that the holder of a bill, if he should not be able to demand payiftent sooner, may have the advantage of that delay ; but a good payee will not avail himself of^the days of grace, in order to delay the payment of a bill beyond the written term. if a bill which is not duly paid is not protested immediately, as ábove, the holder has no recourse except against the acceptor. Bills drawn at sight, or on demand, or at less than 7 days' sight or date, are not allowed any days of grace, but must be paid within 24 hours, unless they fall due on a .Sunday or holiday, ' Fairs, are days set apart in many parts of Europe, during which time all great commercial transactions take place. . Proportion ; : : : as 3 : 6 : : 9 : 18 ; that is, as the first term is to the second, so is the third to the sum sought. This mark = means equal to. EXCHANGE CALCULATZONC. LONDON. Exchanges are computed in Pounds, Shillings, and Pence Sterling ; and Farthings are also sometimes reckoned. , , 4 Farthings = I Penny. 12~Pence — 1 Shilling. 20 Shillings = 1 Pound sterling. Coutse of Exchange ananged > - from Lloyd's List, Jau'r; 1,1820. 5 EXPLANATION. Amsterdam, 11 16, London receives 11 Florins 16 Stivers, for 1 Pound sterl. do. 38 6 - Rio Janeiro, 56 it ii 5ft-Pence sterling, for 1 Millree, effective,- Spain, 35 it . fl 35 Pence sterling, for 1 Dollar of Exchange,. Venice, 27 " receives 27 Italian Livres,, for 1 Pound sterling, Vienna & Trieste,ID 15 i$ tt 10 Florins 15 Creutzers, for 1 Pound sterl. Dublin, m ii it 110¿ Pounds Irish, for 100 Pounds British. [For the usances, days oj grace, Sçe, see London, page 144.] 152~ EXCHANGE CALCULATIONS.—LONDON. LONDON ON AMSTERDAM. Reduce 2401 Florins, 17 Stivers, 8 Pen¬ nings, into English money ; exchange at 12 Florins, 4 Stivers per £ sterling. AMSTERDAM ON LONDON. Reduce .£196 17s. 6d. sterling into Dutch money ; exchange at 12 Florins, 4 Stivers, current per £ sterling. [16 Pennings = 1 Stiver, and 20 Stivers = 1 Florin.] fl. et. £ fi. 'et. pen. £ s. d. As 12 4 : 1 : : 2401 17 8 : 196 17 6 20 20 244 16 48037 16 £ s. d. 3904 3904)768600(196 17 6 Ans. 3904 - 37820 &c. £ fi. st. £ e. d. fi. st. pen. As 1 : 12 4 ; : 196 17 6 : 2401 17 8 20 20 244 3937 12 47250 244 (2,0 £1 == 24,0)1152900,0(4803,7^ 2401 Fl. 17 St. 8 Pe. LONDON ON FRANCE. FRANCE ON LONDON. T Reduce 4305 Francs, 95 Centimes, into Reduce £177 Ils. 3¿-d. into Francs and sterling ; exchange at 24 Fr. 25 Centimes Centimes ; exchange at 24 Francs 25 Cen- per £ sterling. times per £ sterling. [loo Centimes = 1 Franc.] - francs. £ francs. £ 11 S. 34d. = .565 As 24 25 1 1 : : 4305 95 ; 177.565 20 £ fr. cent. £ Jr. As 1 : 24 25 ; : 177.565 : 4305.95 11.300 12 • — Ans. 4305 Francs, 95 Centimes. Ans. £177 Ils. 3¿d. ' 3.6 EXCHANGE CALCULATIONS.—LONDON. ' 153 Livres reduced into Francs. Exchanges between France and England were formerly transacted by giving about 30 Pence for 1 Ecu of 3 Livres ; and of late, Bills have been sometimes drawn in Livres, Sous 'and Deniers ; in such case, Livres must be reduced to Francs by multiplying by 80 and dividing by 81. Reduce 16914 Francs, 19 Centimes, into English money; exchange at 23Livres, 10 Sous, per £ sterling. fr. iiv. _ As 80 : 81 : ; 16914 19 : 17125.625 Francs reduced into Livres. Reduce ¿Í728 15s. into Francs and Gen.« times ; exchange at 23 Livres, 10 Sous, per £ sterling. lit. SOU. As 23 10 £ 1 liv. souf den. 17125 12 6 : £ s. 728 15 3948 1621 &c. £ liv. Sou. As 1 : 23 10 20 20 20 470 £ s. ; 728 15 20 14575 470 liv. sou. den. 17125 12 6 2,0)685025,0 2,0)342512,5 17125 Livres 12.5 Sous 20 20 12 470 342512 6.0 Deniers 12 12 £ s. 17125,625 Livres. 5640 564,0)411015,0(728 15 Ans. 80 81)1370050.000(16914 Fr! 19 Cen. Ans. LONDON ON FRANCFORT. Reduce 8036 Florins, 22 Creutizers, Francfort currency, into sterling; exchange at 142¿. Batzen per £ sterling. FRANCFORT ON LONDON. Reduce .£845 18s. 8d. into money of Francfort ; exchange at 142¿- Batzen per £ sterling. [4 Creutzers = 1 Batze. 60 Creutzers or 15 Batzen = 1 Florin.] STATEMENT. batzen. £ ßor. er. As 142¿^ : 1 : 8036 22 4 60 £ s. d. 570 ■ 570)482182(845 18 8 20 £ As 1 142¿ 845 18.8 hatz. m 4 570 £ s. d. 5 1 20 " flo. er. 8036 22 16918 12 203024 570 6.0) £1 = 24,0)11572368,0( 48218,2 8036 Fl. 22 Cr 154 EXCHANGE CALCULATIONS.—LONDON. LONDON ON GENOA. Reduce 7346 Lire, 11 Soldi, 8 Denari, into sterling ; exchange at 45rf. sterling per Pezza of Lire fuori Banco. GENOA ON LONDON. Reduce ¿239 lis. 3d. into money of Genoa ; exchange at 45d. sterling per Pez¬ za of 5| Lire fuori Banco. [To turn Lire into Pezza, multiply by 4, and divide by 23.] ' 23)29386 23 63 &c. Then— pez. d. As 1 : 45 :: 20 20 12 240 lire. 'sol. den. di lira. 7346 11 8 4 pez. sol. den. de p. 6 8(1277 13 4 pez. sol. den. .£ s. d. 1277 13 4 ; 239 11 3 20 25553 12 30664Q 45 -(12 24,0)1379880,0(57495 120 2,0)479,1 3 179 &c. ¿239. lis. 3d. d. pez. £ s. d. As 45 : 1 : : 239 11 3 ' 20 pez. sol. den de p, 1277 13 4 4791 12 pez. sol. den. 45)57495(1277 13 4 If Lire are required instead ofPezza, say, d. Hv. sol. £ s. d. lire. sol. den. As 45 : 5 15 : ; 239 11 3 : 7346 11 8 LONDON ON HAMBURGH. - Reduce 1416 Marks, 1 Schilling, 6 Pfen- ings Banco, into English money ; exchange at 35 shillings, 4- Grotes or Pence, Flem¬ ish Banco, per ¿ sterling. [12 Pfenings = 1 Shilling. STATEMENT. flemish. £ mrlis. sch. pfn. £ ». d. As 35s. 4d. : 1 : : 1416 1 6 : 106 17 6 ¿106 17s. 6d. Answer. HAMBURGH ON LONDON. Reduce ¿106 17s. 6d. sterling into Hamburgh money; exchange at 35 shillings, 4 Grotes or Pence, Flemish Banco, per ¿ sterling. 16 Shillings = 1 Mark.] r STATEMENT, stcrl. flem. £ s. d. marks, sch. pfen As £l : 35s. 4d. : : 106 17 6 :1416 1 6 1416 Marks, I Schil. 6 f fen. Ans. EXCHANGE CALCULATIONS.—LONDON. 155 LONDON ON LEGHORN. LEGHORN ON LONDON. Reduce 1876 Pezze, 12 Soldi, 5 Denari, Reduce ¿^392 18s. 4¿d. sterling, into into English money ; exchange at 50¿d. money of Leghornexchange at SO^d. sterling, per Pezza of 8 Reals. sterling per Pezza of 8 Reals. [12 Denari = 1 Soldo, 20 Soldi = 1 Pezza.J STATEMENT. STATEMENT. pezza. d. pez. sol. den. _ d. pez. £ s. d. ■ As 1 : 5ü¿ : : 1876 12 5 to the sum sought. As 50¿ : 1 : : 392 18 4¿ to the sum sought. ¿C392 18s. 4¿d. Aixs. 1876 Pez. 12 Sol. 5 Den. Ans. LONDON ON LISBON. LISBON ON LONDON. ► Reduce 827 Millrees 160 Rees into Eng- Reduce ¿Í218 8s into Portugal mo- glish money ; exchange at 63 fd sterling ney ; exchange at 63fd. sterling per Mill- per Millree. ' ree. [1000 rees = 1 Millree, and 400 Rees = 1 Crusade.] STATEMENT. STATEMENT. mil d. - millrees mill £ s. d. As 1 : ; 63f : : 827.160 to the sura sought As 63f or 63375 : 1 : : 218 8 5¿ to the Ans. ¿^218 8s S^tf. sum sought. But if the sum be given in crusades, they are reduced to rees by'multiplying them by 400, thus : Reduce 7650 crusades into sterling ; ex¬ change at 61¿^d. sterling per millree. 7650 mult, by 400 = 30600. , Then, mill d. milrees As 1 : 61¿- ; : 30600 to the sum sought. Ans. ¿e784 2s. 6d. mill rees Ans. 827 160 But if the answer be required in Crusa¬ des, two decimals only should be cut off, and the four first figures should be divided by 4, thus : • ^ 4)8271,60 Rees(2067 Crusados, 360 Rees. LONDON ON MALTA. MALTA ON LONDON. Reduce £728.13s. 6d. into Tari and Gra- Reduce 8922 Scudi, 6 ,Tari, 12 Grani, ni of Malta ; exchange at 49d. per Dollar into sterling, exchange at 49d. per Dollar! of 2^ Scudi, or 30 Tari. « [20 Grani = 1 Tari, and 12 Tari = 1 Scudo.] ^ STATEMENT. STATEMENT. d. doll. £ s. d. dol. ' d. . * scudi. tar. gr. ' * As 49 : 1 : : 728 13 6 to the sum sought. As 1 : 49 : : 8922 6 12 to the sura sought. Ans. 8922 Scudi, 6 Tari, 12 Grani. Ans. £728 13s. 6d. 156 EXCHANGE CALCULATIONS.—LONDON." LONDON ON NAPLES. NAPLES ON LONDON. Reduce 1014 Ducati, 16 Grani de Reg- Reduce 158. 9s. 3d. into money of Ña¬ uo, into English money ; exchange at 37J^d. pies ; exchange at 640 Grani per £ ster- sterling per Ducato. ling. ■' [100 Grani = 1 Dacati de Regno.] STATEMENT. STATEMENT. due. d. " ditcati. £ grant. £ s. d. As 1 ; : 1014 16 to the sum sought. As 1 : 640 : : 158 9 3 to the sum sought. Ans. .^158. 98. 3d. Answer, 1014 Ducati, 16 Grani. LONDON ON PALERMO. Reduce 1377 Oncie, 14 Grani, into En¬ glish money ; exchange at 127d. sterling per Oncia, [20 Grani ; STATEMENT. PALERMO ON LONDON. Reduce £728. 13s. 6d. into Sicilian mon¬ ey; exchange at 127d. sterling per Oncia. ; 1 Tari, 30 Tari = 1 Oncia.] STATEMENT. on. As 1 sought. d. 127 on. tari. gr. 1377 0 14 to the sum Ans. ,£728. 13s. 6d. d. on. . £ . s. d. , As 127 : 1 ; ; 728 13 6 to the sum sought. Ans. 1377 Oncie, 0 Tari, 14 Grani. LONDON ON SPAIN. Reduce 2375 Dollars, 6 Reals, 16 Mar- av. into English money ; exchange at 34d. Sterling per Dollar or Piastre. ^ SPAIN ON LONDON. Reduce £336. lis. 5¿d. sterling into Spanish money ; exchange at 34d. sterling per Dollar of Plate, or Piastre. [34 Mar. = 1 Real. 8 Reals = 1 Dollar of Ex.] STATEMENT. doll. d. As 1 : 34 sum sought. dolls, reals, mar. 2375 6 16 to the Ans. £336. lis. 5¿d. STATEMENT. d. doll. £ S. d. As 34 : 1 ; : 336 11 5} to the sum sought. Ans. 2375 Dolls. 6 Reals, 16 Mar. EXCHANGE CALCULATIONS.—LONDON. 157 LONDON ON VENICE. Reduce 14783 Lire, 3 Soldi, 9 Denari piccoli, into sterling; exchange at 59 Lire piccole per £ sterling. VENICE ON LONDON. Reduce .£728. 13s. 6d. sterling, into Li¬ re Italiane of Venice ; exchange at 24 Li¬ re, 80 Centimes, per £ sterling. [12 Denari = 1 Soldo. 20 Soldi = 1 Lira.] lire. £ As 59 : 1 sought. STATEMENT. lire.' sol. den. 14783 3 9 to the sum • Ans. £250, lis. 3d. The above mode of Exchange, as former¬ ly used at Venice, has beenjof late years discontinued, and French Franca^ called Lire Italiane, or Italian Livres, substituted in their place. The proportion is, that 40^^ Lire piccole of Venice, equal 20y^^25^ Lire italiane. In business, the proportion is mostly taken at 23 Lire 9 Soldi, for 12 Ital ian Liyres.—See the annexed Example. [Italian Livres and Centimes are reduced to sterling, and the contrary, in the same manner as Francs and Centimes of France, according to the given course of exchange.] EXAMPLE. £ lire. cen. £ s. d. As 1 : 24 80 : : 728 13 6 to the sum sought. . . * Answer, 18071.Lire, 14 Cen. To reduce the above Lire Italiana into. Lire Piccole, say— lire It. lire sol. (piccoli) lire It. cen. As 12 : 23 9 : : 18071 14 to the sum sought. LONDON ON VIENNA Reduce 6451 Florins 50 Creutzers into English money ; exchange at 9 Florins 40 Creutzers per £ sterling. ; VIENNA ON LONDON. Reduce £667 8s. 7^d. into money of Vi¬ enna ; exchange at 9 Florins 40 Creutzers per £ sterling. [4 Pfeninga = 1 Creutzer, and 60 Creutzers = 1 Florin.] STATEMENT. ß. er. £ ß. er. As 9 40 : 1 ; : 6451 50 to the sum sought. ■ Ans. £667 8s. 7¿d. STATEMENT. £ ß. er. £ s. d, As 1 : 9 40 : : 667 8 7¿ to the sum sought. Ans. 6451F1.- 50Cr. The exchange with Trieste is similar to that of Vienna. 158 EXCHANGE CALCULATIONS.—LONDON. LONDON ON DUBLIN. DUBLIN ON LONDON. Reduce £787 I5s. English to Irish mo- Reduce .£879 6s. 6d. Irish, into English money; exchange at 11|; that is, £100'ney; exchange at 11^ British for £lllf Irish. STATEMENT. £Ir. £ Br" £ s. d. Ii%h' As lllf : 100 :: 879 6 6 to the sum sought. Ans. £787 15s. Brit. STATEMENT. £Bt. £Ir. £ s Brit. As 100 : Ulf :: 787 15 to the sum sought. Ans. £879 6s. 6d. Irish. ' EXCHANGE CALCULATIONS.—AMERICA. 159 UNITED STATES OF AMERICA. - Exchanges are computed in Dollars, Dimes, and Cents ; and in some places in Pounds, Shillings and Pence currency. 10 cents = 1 dime. 10 dimes, or 100 cents = 1 dollar. The dollar is also di¬ vided into 1000 parts, called mills. The par of the dollar is reckoned at 4s. Qd. sterling. 12 pence currency = 1 shilling. 20 shillings = 1'pound. Courses of Exchange from different quotations. NEW-YORK, JANUAY, 1820. Amsterdam, 42 Cents per Florin or Gilder, Bremen, 78 Cents per Rixdollar, Hamburgh, 35 Cents per Mark banco, London direct, £Vill^ currency for ¿£100 sterling, Paris, 5 Francs, 40 Centimes per Dollar. PHILADELPHIA. Amsterdam, 40 Cents per Florin or Gilder, Hamburgh, 35 Cents per Mark banco, London, 2 per cent, premium, 4s. 6d. sterling per Dollar. Amsterdam, Hamburgh, BALTIMORE. 40 Cents per Florin or Gilder, 33^ Cents per Mark banco, London, at 60 days sight, 101—that is, 100 cents for 4s. 6d. sterling, with 1 per cent, premium. 160 EXCHANGE CALCULATIONS.—AMERICA. LONDON ON AMERICA. American money is reduced to sterling at par, by saying, As I Dollar is to 4s. 6d. sterling, so is the given sum to the sum sought. Reduce 1783 Dollars 80 Cents, to ster¬ ling, at par. AMERICA ON LONDON. Sterling is reduced to American money, at par, by reversing the annexed operation ; that is, as 4s. 6d. is to 1 Dollar, so is the ■given sum to the sum sought. Reduce ,£401 7s. Id. sterling, to Amer¬ ican money at par. doll. s. d. dolls, cts. As 1 : 4 6 : : 1783 80 12 54 £ s. d. 401 7 1 54 80 Cents = 4 7132 8915 43 12)96325 2,0)802,7 1 J. d. doll. ' £ s. d. As 4 6 : 1 : : 401 7 1 12 20 54 dolls, cts. 1783 80 £401 7s. Id. If the exchange be not at par, the differ¬ ence is to be computed before the Dollars are reduced to sterling. ling ; exchange at 2 per Cent, above par. dolls, cts. dolls, cts. As 100 : 102 : ; 4282 50 . 4368 50 doll. s. d. dolls, cts. £ s. d. And as 1 ; 4 6 ; : 4368 15 : 982 16 8 Reduce 3646 Dollars 50 Cents to ster ling ; exchange at 2 per cent, under par. 8027 12 54)96325(1783.79.6 54 423 &c. &c. If the exchange be not at par, the differ¬ ence is to be computed after the sterling has been reduced to Dollars. Reduce 4282 Dollars 50 Cents to ster- Reduce £982 16s. 8d. to American As 102: 100 dolls, cts. dolls. 3646 50 : 3575 dolls, s. d. dolls. £ s. d. And as I : 4 0 : : 3575 804 7 6 money ; exchanged at 2 per cent, above par. s. d. dolls. £ s, d. dolls, cts. As 4 6 : 1 : : 982 16 8 : 4368 15 dolls, cts. dolls, cts. And as 102 : 100 : : 4368 15 : 4282 50 Reduce £804 7s. 6d. to American money p exchange at 2 per cent, under par. J. d. dolls £ s. d. dolls. As 4 6 : 1 : : 804 7 6 : 3575 dolls. dolls, cts. And as 100 : 102 : ; 3575 : 3646 50 EXCHANGE CALCULATIONS.—AMERICA. 161 When the discount or premium is at any of the following rate.s, the operation may be thus performed ; At 1J per cent, discount, i. e. under par, multiply the Dollars by 80, and divide by 81 2 50 51 Ol ' 40 41 80 83 4^ 25 26 5 20 21 G ■ 50 63 64 16 17 7^ ' 40 43 8" 25 - 27 8f 80 87 10 10 11 If the exchange be at a premium, i. c. above par, the rule-should be reversed. The Dollars are afterwards reduced to sterling as above. AMSTERDAM ON AMERICA. American money is reduced to Dutch by saying : as the rate of exchange is to 1 Flo¬ rin so is the given sum to the sum sought. Reduce 4964 Dollars 67 Cents to Dutch money ; exchange at 36 Cents per Florin. cts. fi. dois. cts. fi. stiv. As 36 ; 1 : ; 4964 67 : 13790 15 1 36)4964 67(13790 15 36 136 &c. AMERICA ON AMSTERDAM. Dutch money is reduced to American by reversing the annexed operation : that is, as 1 Florin is to the rate of exchange so is the given sum to the sum sought. Reduce 13790 Florins 15 Stivers to A- merican money ; exchange at 36 Cents per Florin. fl- As 1 ; 20 eis. 36 ;; fi. sti. 13790 15 20 dots. cts. 4964 67 20 275815 36 1654890 827445 ai 2,0)992934,0 An«. 496467 cents. 162 EXCHANGE CALCUEAIIONS.—AMERICA. HAMBURGH ON AMERICA. American money is reduced to that of Hamburgh by saying ; as the rate of ex¬ change is to 1 Mark, so is the given sum to the sum sought. Reduce 378 Dollars 95 Cents to» Ham¬ burgh money ; exchange at 33 Cents per Mark banco. ets, mk. As 33 : 1 dol. cts. 378 95 1 mks. sch. pf. 1148 5 4 33)378 95(1148 5 4 33 48&.C: AMERICA ON HAMBURGH. Hamburgh money is reduced to Ameri¬ can by reversing the annexed operation : that is, as 1 Mark is to the rate of exchange so is the given sum to the sum sought. Reduce 1148 Marks 5 Schillings'4 Pfen- nines banco to American money ; exchange at 33 Cents per Mark banco. mk. cts. mks. sch. phf. dois. cts. As 1 ; 33 ; : 1148 5 4 : 378 95 16 16 16 12 192 18373 12 220480 33 192) ( = 378 95. FRANCE ON AMERICA. American money is reduced to French by saying : As 1 Dollar is t® the rate of ex¬ change, so is the given sum to the sum sought. Reduce 1364 Dollars 60 Cents, to French money, exchange at 5 Francs, 30 Centimes per Dollar. AMERICA ON FRANCE. French money is reduced to American, by saying : As the rate of exchange is to 1 Dollar, so is the given sum to the sum sought. Reduce 7232 Francs, 38 Centimes, to American money ; exchange at 5 Francs, 30 Centimes, per Dollar. doll. fr. cent. dolls, cts. francs, cent. Ab 1 : 5 30 : : 1364 60 7332 38 fr. cen. doll, francs, cen. dolls, cts. As 5 30 ; 1 ; : 7232 38 : 1364 60 EXCHANGE CALCULATIONS. 163 AMSTERDAM. Exchanges are compuled in Florins, Stivers, and Pennings ; or in Pounds, Shil¬ lings, ancl Pence, Flemish. 16 Pennings = 1 Stiver ; 20 Stivers — 1 Guilder or Florin. Also, 12 Grotes or Pence Flemish, or 6 Stivers = 1 Shilling Flemish ; 20 Shillings Flemish, or 6 Florin.s — 1 Pound Flemish ; 2¿- Florins, or 50 Stivers = 1 Rixdollar. Course of Exchange, from the Amsterdam ) Quotation, January 1, 1820. ) EXPLANATIONS, :ent. Amsterdam receives 104|- Florins for 100 Florins of Exchange. " receives 144 Rixdollars currency, for 100 Rixdol. ' , " gives 55 Grotes Flemish, for 3 Francs. " receives 35f Stivers for 1 Rixdollar. ' " gives 66 Grotes Flemish for 1 Pezza of 5f Lire. ' " gives 34 Stivers for 1 Rixdollar of 2 Marks. ' '♦ gives 93 Grotes Flemish for 1 Pezza ofS Reals. ' " gives 40| Grotes Flemish for 1 Old Crusado. ' " " gives 38 Shillings for 1 Pound Sterling. ' ■ " gives 74 Grotes for 1 Ducato di Regno. ' " gives 95 Grotes Flemish for 1 Ducat of exchange. ' " receives 224 Cent. Lire Italiane for 1 Florin. ' " gives 14 Stivers for 1 Rixdollar paper. ' " gives 34 Stivers for 1 Rixdollar currant effective. Antwerp, Breslau, 144 France, 55 Francfort, 351 Genoa 86 Hamburgh 34 Leghorn 93 Lisbon 40Í London 38 Naples 74 Spain 95 Venice 224 Vienna 14 Ditto 1 34 [For the-usances, ^c. of Bills of Exchange, see Amsterdüfn, page 149. j AMSTERDAM ON LONDON. [Sfee page 152] LONDON ON AMSTERDAM. [Äee page 152] 164 EXCHANGE CALCULATIONS—AMSTERDAM. AMSTERDAM ON FRANCE. Reduce 475 Florins, 10 Stivers, 12 Pen¬ nings into French money ; exchange at 54 Grotes Flemish per Ecu of 3 Francs. STATEMENT. Gr. Flem. franc. As 54 : 3 : sum sought. flor. St. pen 475 10 12 to the Ans. 1056 Francs, 75 Centimes. FRANCE-ON AMSTERDAM. Reduce 1056 Francs, 75 Centimes into Dutch money ; exchange at 54 Grotes Flemish per Ecu of 3 Francs. STATEMENT. francs, gr.fl. fi- As 3 ; 54 : ; 1056 75 to the sum sought. Ans. 475 Florins, 10 Stivers, 12 Pen¬ nings. , AMSTERDAM ON GENOA. Reduce 4145 Florins, 2 Stivers, into mon¬ ey of Genoa ; exchange at 84f Grotes Flem' ish per Pezza of 5f Lire. STATEMENT. grotes. pezza. As 84f : 1 sum sought. florins. St. 4145 2 to the Ans. 1956 Pezza, 7 Soldi, 9 Den. To reduce Pezza to Lire. pezza. soldi, den de lira. 1956 7 9 23 4)44996 18 11249 4 7 An». GENOA ON AMSTERDAM. Reduce 11249 Lire, 4 Soldi, 7 Denari, into Dutch money ; exchange at 84f Grotes Flemish per Pezza of 5f Lire. To reduce.Lire to Pezze. J1249 4 7 4 -pez. soldi, den di pez. 23)44996 18 4(1956 7 9 then pezza. grotes As 1 : 841- the sum sought. pezza. soldi, den. 1956 7 9 to Ans. 4145 Florins, 2 Stivers. EXCHANGE CALCULATIONS.—AMSTERDAM. 165 AMSTERDAM ON HAMBURGH. Reduce 3309 Marks, 12 Schillings, into Dutch money ; exchange at 32|^ Stivers per Rixdollar of 2 Marks Hamburgh banco. STATEMENT. ina. stivers. marks, sch. As 2 : 32| : : 3309 12 to the sum sought. Ans. 2720 Florins, 4 Stivers. The exchange of Amsterdam on Ham¬ burgh is sometimes done by giving 120 Marks for so many Florins current. The op¬ eration is then as follows. Reduce 4080 Marks banco into Dutch money ; exchange at 106 Florins for 120 Marks Hamburgh. STATEMENT. HAMBURGH ON AMSTERDAM. Reduce 2720 Florins, 4 Stivers, into Hamburgh money ; exchange at 32^ Stivers per Rixdollar of exchange of 2 Marks banco. marks. florins. As 120 : 106 sought. Ans. 3604 Florins. marks. 4080 to the sum STATEMENT. stivers, marks. florins, stiv. As 32J ; 2 : : 2720 4 to the sum sought. Ans. 3309 Marks, 12 Schills. The exchange of Hamburgh on Amster¬ dam, is sometimes done at so many Florins current, for 120 Marks banco. The opera¬ tion is then as follows. Reduce 3604 Florins current, into Ham¬ burgh money ; exchange at 106 Florins cur¬ rent, for 120 Marks Hamburgh banco. STATEMENT. florins. As 106 sought; marks. 120 florins. 3604 to the sum Ans. 4080 Marks. AMSTERDAM ON LEGHORN. Reduce 9800 Dutch Florins into money of Leghorn ; exchange at 87J Grotes Flem¬ ish per Pezza of 8 Reals. LEGHORN ON AMSTERDAM. Reduce 4480 Pezze of 8 Reals into Dutch money ; exchange at 87| Grotes Fl. per Pezza. STATEMENT. As 87Î pez. 1 81 souught. Ans. 4480 Pezze. florins. 9800 to the sum STATEMENT. pezza. grotes. As 1 ; 87¿ : : sought. Ans. 9800 Florins. pezza. 4480 to the sum 166 EXCHANGE CALCULATIONS.—AMSTERDAM. AMSTERDAM ON LISBON. Reduce 557 Millrees, 846 Rees, into Dutch money ; exchange at 46^ Grotes Fl. per Crusade of 40Ü Rees. LISBON ON AMSTERDAM. Reduce 1612 Florins, 10 Stivers, 8 Pen¬ nings, into Portugal money ; exchange at 46¿ Grotes Flemish per Crusade of 400 Rees. statement. ices. As 400 sum sought. grotes. iGi milrees. 557,846 to the Ans. 1612 FI. 10 St. 8 Pen. statement. ress. 400 grotes. As 40¿ the sum sought. Ans. 557 Millrees, 846 Rees. fl- sli. pen. 1612 10 8 to AMSTERDAM ON SPAIN. Reduce 956 Dollars, 6 Reals of Plate*, into Dutch money ; exchange at 94| Grotes Flemish per Ducat of Plate. statement. mar. As 375 sum sought. 94t doll. T. 956 6 to the Aks. 1635 Florins, 3 Stivers. Ans. 956 D. 6 Reals. The Exchanges of Antwerp are similar to those of Amsterdam. SPAIN ON AMSTERDAM. Reduce 1635 Florins, 3 Stivers, into Spanish money ; exchange at 94¿ Grotes Flemish per Ducat of 375 Maravedís of Plate. statement. As 94¿ sum sought. mar. 375 'fl' St. 1635 3 to the i \ EXCHANGE CALCULATIONS. AUGSBURG—(IN GERM.INY.) 167 Exchanges are compuxed here in Florins and Creutzers ; and also in Rixdollars ajid Creutzers. 60 Creutzers = 1 Florin or Gulden. 90 Creutzers or Florin =1 Rixdol- lar of account; 100 Rixdollars Giro, or money ^of exchange= 127 Rixdollars cur¬ rent, or 190¿ Florins current; 2 Florins— 1 Rixdollar specie. explanation. Augsburg Quotation, Jan. 1S20. J j n Amsterdam, 110 Augsburg gives 110 Rixdollars Giro, for 100 Rixdollars. Course of exchange From the > " • ' n. 1S20. S France, 120 " Francfort, 102 Genoa, 62 ' " Hamburgh, 118 ' " Leghorn, 67 " Leipsic, 99 . " London, 9 45, " Milan, ■" ' 67 Nuremberg, 101 " Vienna, 106 ' " gives 120 Florins current, for 10Ó Ecus of 3 Francs, gives 102 Rixdollars current, for 100 Rixdollars current, receives 62 Soldi fuori banco, for 1 Florin current, gives 118 Rixdollars'Giro, for 100 Rixdollars banco, receives 57 Soldi Moneta buona-, for 1 Floren current, gives 99 Rixdollars current, for 100 Rixdolls. of exchange, gives 9 Flor. 45 Creutzers current, for ¿fl Sterling, receives 67 Soldi current, for 1 Florin current, gives 101 Florins current, for 100 Florins current, receives 106 Florins, for 100 Florins current. [J^or the usances, <^c. of Bills of Exchange see Augsburg, page 140. ] AUGSBURG ON AMSTERDAM. Reduce 1197 Florins 18 Stivers 5¿- Pen¬ nings into Augsburg currency ;• exchange at 112 Rixdollars money of exchange per 100 Rixdollars of Amsterdam, each 2¿- Florins. [127 Rixd. current = 100 Rixd. of exchange.] AMSTERDAM ON*"AUGSBURG. Reduce 1022 Florins 21 Creutzers, Augsburg currency, into Dutch money; exchange at 112 Rixdollars money of ex¬ change per 100 Rixdollars of Amsterdam. STATEMENT. tixd. rixd. of ex. fl. st. pen. AsIOa : 112 :: 1197 18 5¿ to the ium sought. • Ans. 1022 F'lorins 21 Or. current. STATEMENT. rix d. cur. r d. of ex. fl. cr. As 127 : 100 :: 1022 21 to the sum sought. Ans. 536§ Rixdollars of ex. rixd. ex. rix d. rixd. cr. Andas 112 : 100 : 536 60 to the sum sought. Ans. 1197 Florins 18 Sti. 5¿-Pen. 168 EXCHANGE CALCULATIONS.—AMSTERDAM. AUGSBURG ON FRANCE. Reduce 2542 Francs 50 Centimes into money of Augsburg ; exchange at 124 Rix dollars currency per 100 Ecus of 3 Francs. STATEMENT. francs rixdols. francs As 300 : 124 : : 2542,50 to the sum sought. Ans. 1576 Florins 21 Creut?ers. FRANCE ON AUGSBURG. Reduce 1576 Florins, 21 Creutzers, Augs¬ burg currency, into French money ; ex¬ change at 124 Rixdollars per 100 Ecus of 3 Francs. STATEMENT. rixdalls. francs. florins, cr. As 124 300 1576 21 to the sura sought. ■ Ans. 2542 Francs 50 Centimes. AUGSBURG ON GENOA. Reduce 11616 Lire, 19 Soldi, lODenari fuori banco, into money of Augsburg ; ex¬ change at 62 Soldi per Florin, Augsburg currency. STATEMENT. soldi, florin. lire, soldi, den. As 62 : 1 ; : 11616 19 10 to the sum ¡5pught. Ans. 3747 Florins, 25 Creutzers. GENOA ON AUGSBURG. Reduce 3747 Florins, 25 Creutzers, Augs¬ burg currency, into money of Genoa ; ex¬ change at 62 Soldi fuori banco per Florin. STATEMENT. florin, soldi, florins. crevX. As 1 : 62 : ; 3747 25^ to the sum sought. Answer 11616 Lire, 19 Soldi, 10 Den. AUGSBURG ON HAMBURGH. Reduce 3546 Marks, 6 Schillings, 4 Pfen- ings banco, into money of Augsburg ; ex¬ change at 144 Rixdollars, Augsburgh cur¬ rency per 100 Rixdollars Hamburgh banco. HAMBURGH ON AUGSBURG. Reduce 2553 Florins, 24 Creutzers, Augsburg currency, into Hamburgh banco ; exchange at 144 Rixdollars of 'Augsburg, per 100 Rixdollars, Hamburgh banco. [CO Creutzers = 1 Florin, 90 Creutzers = 1 Rixdollar of account.] STATEMENT. rixdolls. H. rixdolls.Ji. marks, sch. pf. As 100 : 144 :: 3546 6 4 to the sum sought. Ans. 2.553 Florins, 24 Creut. STATEMENT. rixdolls. JÍ. rixdolls. H. florin, cr. As 144 : 100 : ; 25,53 24 to the sum sought. Ans. 3546 Marks, 6 Sch. 4 Pfe. N. B. The exchanges of Augsburg with Leghorn are performed on the same principle as the above with Genoa; and those of London with Augsburg are the same as with Vie7ina. EXCHANGE CALCULATIONS. 169 BERLIN AND BRESLAU. Exchnng6s 3r6 computed here in RixdollsrSj good Groschen) and PfeningS) currency. 12 PfeningS = 1 good Grosche. 24 good Groschen == 1 Rixdollar currency, or Rixdollar of Account. . Course of Exchange, from the ) Berlin Quotation, January, 1820. J EXPLANATION. Amsterdam, 1Berlin gives 147j^ Rixds. currt. for 250 Florins, or 100Rixd. Augsburg, 102 H gives 102 ' it it for 100 Rixds. Convention money. France, 79 it gives 79 a- a for 100 Ecus of 3 Francs. Francfort, 105 a gives 105 it it for 100 Rixdollars, current. Hamburgh, in banc. 150 it gives 150 ■'it it - for 100 Rixdollars, banco. Königsberg, lOOJ it gives lOOf n for 100 Rixdollars, current. i ' "Leipsic, 104 (( gives 104 a for 100 Rixds. Convention money. London, 6 14 gives 6 14 it Grosc, for £l sterling. Vienna, 41 << gives 41 a Current, for 100 Rixds, current. [JPur the usances, ^c. of hills of exchange, see Berlin and Breslau, page 140.] BERLIN ON AMSTERDAM. ■Reduce 4656 Florins 5 Stivers into Prus¬ sian money; exchange at 146 Rixdollars Prussian currency per 100 Rixdollars of Amsterdam. STATEMENT. rixd. Dutch rixd. Pruss.. As 100 : 146 : ; sum sought. flir. sti. 4656 5 to the Ans. 2719 Rixduls. 6 Groschen. AMSTERDAM ON BERLIN. Reduce 2719 Rixdollars 6 good Grosch¬ en, Prussian currency, into Dutch money ; exchange at 146 Rixdollars Prussian per 100 Rixdollars Dutch. STATEMENT. rixd. Pruss. rixd. Dutch As 146 ; 100 : sum sought. ~ rixd. grosc. 2719 6 to the Ans. 4656 Florins 5 Stivers. 22 170 EXCHANGE CAI.CULATIONS.—BERI.IN BRESLAU. BERLIN ON FRANCE. Reduce 1943 Francs, 75 Centimes, into Prussian money ; exchange at 76 Rixdollars, Prussian currency per 100 Ecus of 3 Francs. STATEMENT. francs. RixdolU. francs, centimes. As 300 : 76 :: 1943 75 to the sum sought. Ans. 492 Rixdollars, 10 Groschen. FRANCE ON BERLIN. . Reduce 492 Rixdollars, 10 Groschen, Prussian currency, into French money ; ex¬ change at 76 Rixdollars per 100 Ecus of 3 Francs. * STATEMENT. rixdollars. francs. rixdolls. grosch. ■ As 76 : 300 ; ; 492 10 to the sum sought. Ans. 1943 Francs, 75 Centimes. BERLIN ON HAMBURGH. Reduce 1908 Marks, 5 Schillings, 4 Pfen- ings banco, into Prussian currency ; ex¬ change at 145¿- Prussian Rixdollars, per 100 Rixdollars Hamburgh banco. STATEMENT. ' rizdol. ianco, rixdol. pr. As 100 :: 145^ : the sum sought. marks, schrpfn. 1908 5 4 to Ans. 925 Rixdolls. 13Gr. HAMBURGH ON BERLIN. Reduce 925 Rixdollars, 13 good Groschen, Prussian currency, into Hamburgh banco : exchange at. 145^ Prussian Rixdollars, per 100 Rixdollars, Hamburgh banco. ST.ATEMENT. rixdolls. pr. rixdolls bco. rixdolls. gr. As 145^^ : 100 :. 925 13 to the sum sought. Ans. 1908 marks, 5 Schill. 4 Pfen. - BERLIN ON LONDON. Reduce ¿£115 13s. 4d. sterling into Prus¬ sian currency; exchange at 6| Rixdollars per £ sterling. LONDON ON BERLIN. Reduce 780 Rixdollars 18 good Grosch¬ en, Prussian currency, into sterling ; exch. at 6J Rixdollars per £ sterling. STATEMENT. £ rixdols. As 1 : : sum sought. £ s. d. 115 13 4 to the Ans. 780 Rixdols. 18 Groschen. STATEMENT. rixdols. As 6J : sought. £ - 1 rixdols. gros. » 780 18 to the sum Ans. ¿£115 13s. 4d. N. B. The exchanges between Berlin and most other cities in Germany are compu¬ ted by a per centage, like those with Amsterdam and Hamburgh, and the calculations are, of course, similar. Examples of those cities are therefore deemed unnecessary, as well as between places where there is little or no commercial intercourse. EXCHANGE CALCULATIONS. ITl BOLOGNA—( SEE ROME.) BREMEJV—( IN GER.HANT.) , Exchanges are computed in .Rixdollars, Grotes, and Swares. 5 Swares = I Grote. 32 Grotes = I Bremen Mark. 12 Grotes, or 2^ Marks, = J Rixdollar of Account. 96 Grotes, or Rixdollars of account = 1 Rixdollar specie. I Course of Exchange, from the Bremen > Quotation. January, 1820. ) . EXPLANATION. Amsterdam, 143 Bremen, gives 143 Rixdollars for 100 Rixdollars. France, 20 Francfort 110 Hamburg, ' 142 Leipsic, 104 London, 605 Nuremberg 104 Vienna, 90 gives 20 Grotes for 1 Franc. . gives 110 Rixdollars, for 100 Rixdollars convention money. gives 142 " for 100 Rixdollars banco. gives 104 " for 100 Rixdollars currency. gives 605 '* for 100 sterling. gives 104 " for 100 Rixdollars currency. gives 90 " for 100 Rixdollars currency. [For the usances, ^c. of hills of exchange,^ see Bremen, page 140.] BREMEN ON HAMBURGH. Reduce 7817 Marks, 11 Schillings, 4 Pfenings banco, into money of Bremen ; ex¬ change at 140 Rixdollars, Bremen curren¬ cy, for 100 Rixdollars, Hamburgh banco. STATEMENT. rixd. Ham. rixd. Br. As 100 ; 140 ; the sum sought. marks, sch. pf. 7817 11 4 -to Ans. 3648 Rixdolls. 19 Grotes. HAMBURGH ON BREMEN. Reduce 3648 Rixdollars, 19 Grotes, Bre¬ men currency, into money of Hamburgh ,u exchange at 140 Rixdollars Bremen, per Rixdollars 100 Hamburgh banco. STATEMENT. rixd. Br. rixd. Ham. rixd. grates. As 140 : 100 3648 19 to the sum sought. ^ Ans. 7817 Marks, 11 Sch. 4Pfn. 172 EXCHANGE CALCULATIONS.—BREMEN. BREMEN ON LONDON; Reduce ¿£383 6s. Bd. sterling, into money of Bremen; exchange at 604¿- Rixdollars per ¿£100 sterling, v LONDON ON BREMEN. Reduce 2317 Rixdollars, 18 Grotes, Bre¬ men currency, into sterling ; exchange at 604J Rixdollars per ^100 sterling. STATEMENT. £ As 100 sura sought. rixdollars. 604J : £ s' d. 383 6 8 to the Ans. 2317 Rixdollars, 18 Gr. STATEMENT. rixdolls. As 604¿- sum sought. £ 100 rixdolls. gr. 2317 18 to the Ans. ¿£383 6s. 8d. The exchanges between Bremen and other places, are similar to the above, as may¬ be seen by the quotation. EXCHANGE CALCULATIONS. 173 CONSTANTINOPLE. Exchanges are computed in Piastres, Paras, and Aspers ; or in Piastres and As- pers y sometimes in Piastres and Ijalf Paras, or in Piastres and Minas. 3 Aspers = 1 Para ; 40 Paras or 120 Aspers = 1 Piastre or Turkish Dollar. 80 half Paras, or 100 Minas, also called Aspers = 1 Piastre. Course of Exchange, from the Constan- ) tinople Quotation, January, 1820. 5 EXPLANATION. Amsterdam, 115 Constantinople gives 115. Paras for 1 Florin. France, Genoa, Hamburgh, Leghorn, London, Malta, Russia, Smyrna, Trieste, Venice, Vienna, 44 20 283 35 124 73 100^ 140 80 140 receives 14¿- Sols for 1 Piastre, gives 44 Paras for 1 Lira fuori banco. O » receives 20 Grotes, Flemish, for 1 Piastre, gives 283 Paras for 1 Piastre •gives 35 Piastres for 1 £ sterling, gives 124 Paras for 1 Scudo. receives 73 Copecs for 1 Piastre, receives 100| Piastres for 100 Piastres, gives 140 Paras for 1 Florin current, receives 80 Centimes for 1 Piastre, gives 140 Paras for 1 Florin current. [For the usances, Sfc. of bills of exchange, see Constantinople, page 141.] CONSTANTINOPLE ON AMSTERDAM. Reduce 2904 Florins, 12 Stivers, 2 Pen- ings, into Turkish money ; exchange at 61 Paras per Florin. STATEMENT.- florin. paras. florins, si. pen. As 1 ; 61 : : 2904 12 2 to the sum sought. Ans. 4429 Dollars, 21 Paras. AMSTERDAM ON CONSTANTINOPLE. Reduce 4429 Turkish Dollars, 21 Paras, into Dutch money ; exchange at 61 Paras per Florin. STATEMENT. paras, florin. As 61 : 1 sought. dolls, paras. 4429 2.1 to the sum Ans. 2904 Florins, 12 Stivers, 2 Pen. 174 EXCHANGE CALCULATIONS—CONSTANTINOPLE. As the Turkish monies are subject to continual variation, the old prices are retained in these examples, being equally proper to exemplify the operations. CONSTANTINOPLE ON FRANCE. Reduce 8903 Francs, 7 Centimes of France, into Turkish money ; exchange at I Franc, 38 Centimes per Piastre. STATEMENT. franc, cent. As 1 38 sum sought. doll. 1 francs, cent. 8903 7 to the Ans. 6451 Dollars, 20 Paras. FRANCE ON CONSTANTINOPLE. Reduce 6451 Turkish Dollars, 20 Paras, into French money ; exchange at 1 Franc, 38 Centimes per Piastre. STATEMENT. doll, franc, cent. As 1 ; 1 38 sum sought. dolls, paras. 6451 20 to the Ans. 8903 Francs, 7 Centimes. The most general mode of quoting the Exchange, is in French Sols for the Piastre. The Sol, in such case, is considered as of the Franc, or 5 Centimes : thus. Reduce 5385 Francs, 84 Centimes, into Piastres ; exchange at 14^ Sols per Piastre. STATEMENT. • sols. As 14,5 sum sought. piastre. : 1 : francs, cent. 5385 84 to the Reduce 7428 Piastres, 30 Paras, into French money ; exchange at 14¿- Sols per Piastre. STATEMENT. "Ans. 7428 Piastres, 30 Paras. piastre. As 1 sum sou^t. sols. 14,5 piastre, paras. 7428 30 to the Ans. 5385 Francs, 84 Centimes. CONSTANTINOPLE ON LEGHORN. Reduce 264 Pezze, 10 Soldi, 8 Denari, into Turkish money ; exchange at 142¿ Pa¬ ras per Pezza. STATEMENT. pez. paras. As 1 : 142^ sum sought.- pezze. sold. den. 264 10 8 to the Ans. 942 Dollars, 16 Paras. " LEGHORN ON CONSTANTINOPLE. ' Reduce 942 Turkish Dollars, 16 Paras, into money of Leghorn ; exchange at 142¿- Paras per Pezza of8 Reals. STATEMENT. par. As 142^ sura sought. pez. 1 dolls, par. 942 16 to the Ans. 264 Pez. 10 Sol. 8 Den. EXCHANGE CATXULATIONS.—CONSTANTINOPLE 175 CONSTANTINOPLE ON LONDON. Reduce ¿^81, 2s. 7d. sterling, into Turk¬ ish money ; exchange at 18 Turkish Dol¬ lars per £ sterling. STATEMENT. £ dolls. £, s. d. ' As I : 18 :: 81 2 7 to the.sum sought. Ans. 1460 Dollars, 13 Paras. LONDON ON CONSTANTINOPLE.' Reduce 1460 Turkish Dollars, 13 Paras, into sterling ; exchange at 18 Dollars per £ sterling. • STATEMENT. dolls: As 18 sought. £ 1 dolls, par. ' 1460 13 to the sum Ans. ¿f81 2s. 7d. CONSTANTINOPLE ON VENICE. Reduce 10420 Lire, 13 Soldi, 4 Denari Piccoli, into Turkish money ; exchange at 354 Paras per Sequin of 22 Lire. STATEMENT. lire. As 22 the sum sought. paras, 354 lire. sol. den. 10420 13 4 to Ans. 4191 Dollars, 38 Paras. VENICE ON CONSTANTINOPLE. Reduce 4191 Turkish Dollars, 38 Paras, into Venitian money ; exchange at 354 Pa¬ ras per .Sequin of 22 Lire Piccolle. STATEMENT. paras, lire. dolls, paras. As 354 ; 22 : : 4191 38 to the sum sought. • Ans. 10420 Lire, 13 Soldi, 4 Denari. CONSTANTINOPLE ON VIENNA. Reduce 3737 Florins, 48 Creutzers, into Turkish money; the exchange of Vienna with Constantinople, being at 50 Paras per Florin. tr STATEMENT. flo. paras. flo. ~cr. As 1 ; 50 ; : 3737 48 to the sum sought. Answer, 4672 Dollars, 10 Paras. VIENNA ON CONSTANTINOPLE. Reduce 4672 Turkish Dollars, 10 Paras, into Austrian money ; the exchange of Con¬ stantinople, with Vienna, being at 50 Paras per Florin. STATEMENT. paras flo. dolls, par. As 50 ; 1 : : 4672 10 to the sum sought. Answer 3737 Florins, 48 Creutzers. 176 EXCHANGE CALCULATIONS. i COPENHAGEN—(IN DEN MARK.) Exchanges are computed here in Rixdollars, Marks, and Skiliino-s, Danish ; but sometimes in Rixdollars, Marks, and Schillings Lubs., Pfenings are also occasionally reckoned. ' , 12 Pfenings = 1 Skilhng. 16 Skillings i= 1 Mark. 6, Marks Danish, or 3 Marks Lubs = 1 Ryksdaler, or Rixdollar. Thus 2 Pfenings, Skillings, or Marks Danish = 1 Pfening, Schilling, or Mark Lubs. Course of Exchange, from the ) Copenhagen Quotation. > EXPLANATION. Amsterdam, 143 Copenhagen gives 143 Rixdollars, Danish currency, for 100 Rdrs. France, 25 •' gives 25 Skillings Danish, for 1 Franc. Hamburgh, 149¿ " gives 149^ Rixdollars, do. for 100 Rixdollars banco. London, " 6 33 " , gives 6 Rixdollars, 33 Skillings for ¿fl sterling. Stockholm, 36 " receives 36 Skillings, for 1 Rixdollar. [jFflr the usances, Sfc. of hills of exchange, see Copenhagen, page 141.] COPENHAGEN ON AMSTERDAM. Reduce 1310 Florins, 4 Stivers, 13 Pen¬ nings into Danish money ; exchange at 127 Rixdollars Danish, per 100 Rixdollars Dutch current, and the .^gio of banco on current, being 3f per cent. ^ STATEMENT. rixd.cur. banco. flor. stiv. pen. banco. As 100 : 103^ : : 1310 4 13 to the sum sought. Answer 1359 Florins 7 Stivers, 8 Pen. cur. rixd. dutch, rixd. danish. flo. sti. pen. And as 100 : 127 : : 1359 7 8 to the sum required. Ans. 690 Rixdollars, 3 Marks, 6 Skillings. AMSTERDAM ON COPENHAGEN. Reduce 690 Rixdollars, 3 Marks, 6 Skil¬ lings, Danish into Dutch banco; exchange at 127 Rixdollars Danish, per 100 Rixdollars Dutch current, and the agio of banco on cur¬ rent being 3f per cent. STATEMENT. rixd. danish. rixd. cur. rixd.mk. sks. As 127 : 100 : : 690 3 6 to the sum sought. Ans. 1359 Florins, 7 Stiv. 8 Pen. current. flo. st.pcn. cur. And as 103f ; 100 : : 1359 7 8 to the sum required. Ans. 1310 Florins, 4 Stiv. 13 Pen. EXCHANGE CALCULATIONS—COPENHAGEN. 177 r-i COPENHAGEN ON FRANCE. Reduce 6698 Fwncs, 36 Centimes, into Danish money ; exchange at 72¿- Rixdollars per 100 Ecus of 3 Francs. STATEMENT. franrs. rixd. francs. As 300 ; 72^ ; : 6698,36 to the sum sought. Ans. 1618 Rixd, 4 Marks, 10 Skil. FRANCE ON COPENHAGEN. Reduce 1618 Rixdollars, 4 Marks, 10 Skillings, Danish, into French money ; ex¬ change at 72)r Rixdollars per 100 Ecus of 3 Francs. STATEMENT. V ' rixd. francs. rixd. mks. skill. As 72^ -: 300 :: 1618 4 ' 10 to-the sum sought. Ans. 6698 Francs, 36 Centimes. COPENHAGEN ON HAMBURGH. Reduce 12354 Marks, 11 Schillings, HAMBURGH ON COPENHAGEN. Reduce 5847 Rixdollars, 5 Marks, 5 Skil- Hamburgh banco, into Danish money ; ex-lings, Danish, into Hamburgh money ;-ex- * change at 142 Rixdollars, Danish, per 100,change at 142 Rixdollars, Danish, per 100 Rixdollars, banco. Rixdollars, Hamburgh banco. STATEMENT. rizdolls. bco. rixd. Dan. marks, sch. As 100 ; 142 : : 12354 11 to the sum sought. Ans. 5847 Rixdolls. .5 Marks, 5 Sks. STATEMENT. rixd. Dan. rixd. bco. As 142 : 100 ; sum sought. - rixdolls. mks. ski. 5847 5 5 to the Ans. 12354 Marks, 11 Sch. Luba. , COPENHAGEN ON LONDON. Reduce ¿£621 16s, 3d. sterling, into Dan¬ ish money ; exchange at 6 Rixdollars, 1 Mark, Danish, per £ sterling. STATEMENT. £ rixd. mark As 1 : 6 1 ; sum sought. £ J. d. 621 16 3 to the Ans. 3834 Rixdolls. 3 Marks, 1 Skill. 23 LONDON ON COPENHAGEN. I Reduce 3834 Rixdollars, 3 Marks, 1 Shil¬ ling, Danish, into sterling ; exchange at 6 Rixdollars 1 Mark per £ sterling. STATEMENT. rixd. mrk. £ rixd. mrks sk. As 6 1 : , I : : 3834 3 1 to the sum sought. Ans. ¿£621 I63. 3d. 178 EXCHANGE CALCULATIONS. DANTZIC—(IN PRU SSIA.) Exchanges are computed here in Florins, Groschen and Pfenings. 3 Pfenings = 1 Groschen. 30 Groschen = 1 Floren ,or Gulden. 3 Florins = 1 Rixdollar. . ' Course of Exchange, from tho Dantzic Quotation, January, 1820. EXPLANATION. Amsterdam, 314 Dantzic gives 314 Groschen for 1 Pound Flemish. France, 98 F rancfort, 88 Hamburgh, 141 Leipsic, 104 London, 19¿ Stockholm, 9¿ gives 98 Rixdollars for 100 Ecus of 3 Francs. gives 88 Groschen for 1 Rixdollar. gives 141 Groschen for 1 Rixdollar specie. gives 104 Rixdollars for 100 Rixdollars. gives 19^ Florins for £l sterling. * receives 9¿- Shillings for 1 Florin. [For the usances of bills of exchange, see Dantzic, page 141.] DANTZIC ON AMSTERDAM. Reduce 1881 Florins, 16-Stivers, into Dantzic money ; exchange, at 415 Dantzic Groschen, per £ Flemish. STATEMENT. £flem. groschm. florins, stiv. As 1 ; 415 : : 1881 16 to the sum sought. Ans. 4338 Florins, 17 Grosch. 15 Pfen. AMSTERDAM ON DANTZIC. Reduce 4338 Florins, 17 Groschen, 15 Pfenings, Dantzic currency, int» Dutch money ; exchange at 415 Groschen, per £ Flemish.- STATEMENT. grosch, ' £ fltm. flor. gr. pfen. As415 : 1 :: 4338 17 15 to the sum sought. ~ Ans. 1881 Florins, 16 Stivers. DANTZIC ON HAMBURGH. Reduce 837 Marks, 4 Schillings banco, into Dantzic money ; exchange at 168 Gro¬ schen per Rixdollar banco. STATEMENT. rixd. marks, groschen. marks, seh. As 1 or 3 : 168 : : 837 4 to the sum sought. > Ans. 1562 Florins, 26 Groschen. HAMBURGH ON DANTZIC. Reduce 1562 Florins, 26 Groschen, Dant¬ zic currency, into Hamburgh banco ; ex¬ change at 168 Groschen per Rixdollar ban¬ co. STATEMENT. groschen. rixd. marks. As 168 : 1 pr 3 : the sum sought. Ans.' 837 Marks, 4 Sch. florins, grosch. 1562 26 to t EXCHANGE CALCULATIONS. 179 FRANCE. Exchanges are computed here in Francs and Centimes ; or in Livres, Sous, and Deniers. 10 Centimes = 1 Decime. 10 Decime or 100 Centimes = 1 Franc. 12 De¬ niers = 1 Sou or Sol. 20 Sous = 1 Livre Tournois. 80 Francs = 81 Livres. 3 Livres, or 3 Francs = 1 Ecu of exchange. Course of Exchange, from the Paris } ~ Quotation, January, 1820. ) EXPLANATION. Amsterdam, 53f Paris receives 53f Grotes, Flemish, for 1 Ecu of 3 Francs. Augsburg, 249 it gives 249 Centimes for 1 Florin current. / Basil, 1 Perte, <( gives 101 Livres for 100 Livres. Berlin,. 3 SO C4 gives 3 Francs 80 Centimes for 1 Rixdollar. Francfort, 75 (( receives 75 Rixdollars current, for 100 Ecus. Geneva, 162 gives 162 Francs for 100 Livrés current. - Genoa, 465 H gives 465 Centimes for 1 Pezza of 5f Lire. Hamburgh, 185 gives 185 Francs for lOO Marks banco. Leghorn, 503 <( gives 503 Centimes for 1 Pezza of 8 Reals. Lisbon, 520 <( leceives 520 Rees for 1 Ecu of 3 Francs. London, 2# 'a gives 24 Francs for £l sterling. Milan, 8 6 (( receives 8 Lire 6 Soldi for 6 Francs. Naples, 4 20 gives 4 Francs 20 Centimes for 1 Ducato di regno. Spain, 15 40 it gives 15 F ranos 40 Centimes for 1 Doubloon of exchange. Vienna,, 257 . (( give 257 Francs for 100 Florin effective. [For the usancet, Sfc. of bills of exchange, see France, page 141.] 180 EXCHANGE CALCULATIONS.—FRANCE. FRANCE ON LONDON. LONDON ON FRANCE. [(See page 152.] ~ [See ¡tage 152.] FRANCE ON AMSTERDAM. AMSTERDAM ON FRANCE. [Seepage 164.] [Seepage 164.] FRANCE ON AUGSBURG. AUGSBURG ON FRANCE. [Seepage 168.] [See yjog-e 168.] FRANCE ON GENEVA. GENEVA ON FRANCE. [Seepage 187.] [/See page 187.] ^ FRANCE ON GENOA. Reduce 1382 Lire, 3 Soldi, I¿- Denari, into French money ; exchange at 4 Francs 80 Centimes per Pezza. STATEMENT. 1382 3 li 4 ■pez. sol. den. dipez. 23)5528 12 6(240 7 6 46 92 &c. pez. francs. Then as 1 : 4,80 sum sought. pez. soL den. 240 7 6 to the Ans. 1153 Francs 80 Centimes. GENOA ON FRANCE. Reduce 1153 Francs, 80 Centimes, into money of Genoa ; exchange at 4 Francs 80 Centimes per Pezza of 5|^ Lire. * , STATEMENT. francs. pezza. fíanos, cts. As 4,80 ; 1 ; : 1153 80 to the sum sought. Ans. 240 Pezze, 7 Soldi, 6 Den. di Pez. But if the answer be required in Lire, say, pez. soi. den', di pez. As 4 ; 23 : : 240 7 6 to the sum sought. Ans. 1382 Lire, 3 Soldi, 1¿^ Den. di L. FRANCE ON HAMBURGH. Reduce 3492 Marks, 15 Schillings, 6 Pfenings into French money ; exchange at 25J Schillings, Lubs banco, per Ecu of 3 Francs. STATEMENT. ¡chill, francs. marks, sch. pf. As 25J : 3 :: 3492 15 6 to the sum sought. Ans. 6575 Francs. HAMBURGH ON FRANCE. Reduce 6575 Francs into Hamburgh money ; exchange at 25¿- Schillings, Lubs banco, per Ecu of 3 Francs. ■ STATEMENT.. francs. sch. francs. As 3 : : 25¿- : ! 6575 to the sum sought. Ans. 3492 Marks, 15 Sch. 6 Pfen. bco. EXCHANGE CALCULATIONS.—FRANCE. 181 FRANCE ON LEGHORN. LEGHORN ON FRANCE. Reduce 760 Pezza, 7 ^oldi, 6 Denari, into French money ; exchange at 5 Francs 20 Centimes per Pezza of S Reals. Reduce 3953 Francs, 95 Centimes, into, money of Leghorn ; exchange at 5 Francs, 20 Centimes per Pezza of 8 Reals. STATEMENT. STATEMENT. • pezza. francs. pez. sol. den. As 1 : 5,20 : ; 760 7 6 to the sum sought. . francs. pez. francs. As 5,20 : I : ; 3953,95 to the sum soiight.' Ans. 3953 Francs, 95 Centimes. . *• Ans. 760 Pezza, 7 Sol. 6 Den. FRANCE ON LISBON. « LISBON ON FRANCE. Reduce 617 Mill, 334 Rees, into French money ; exchange at 465 Rees per Ecu of 3 Francsi v Reduce 3982.Francs, 80 Centimes, into money of Portugal ; exchange at 465 Rees per Ecu of 3 Francs. STATEMENT. STATEMENT. rees. francs. millrees. As 465 3 :: 617,334 loathe sum sought. francs. rees. francs, cent. As 3 : 46^ ; : 3982 80 to the suiii sought. Ans. 3982 Francs 80 Centimes. Ans. 617 Mill, 334 Rees. But if the sum were given in Crusades, they are reduced to Millrees, by multiplying by 4, cutting off the last figure, and to this figure adding the first of the Rees, as in the following example ; But if the answer were required in Cru¬ sades, the last two figures should be cut off, and the others divided by 4 ; thus, 4)6173,34 Reduce 1543 Crusades, 134 Rees, into Millrees, &c. 1543 Crusades, 134 Rees. 1543 134 4 617,2 134 ,334 Ans. 617 Mill. 334 Rees. V 182 EXCHANGE CALCULATIONS—FRANCE. FRANCE ON MILAN. Reduce 4536 Lire, 17 Soldi, 6 Denari, into French money ; exchange at 7 Lire JO Soldi per 6 Francs. ,stATEMENT. lire, soldi, francs. . lire, soldi, den. As 7 ID ; 6 ; . 4536 17 6 to the sum sought. Ans. 3629 Francs, 50 Centimes. Exchanges have been recently transacted between Milan and France, by giving Ital¬ ian Livres for Francs, with a'per centageon the latter ; as in the annexed example. MILAN ON FRANCE. Reduce 3629 Francs, 50 Centimes, into money of Milan ; exchange at 7 Lire 10 Soldi per 6 Francs. STATEMENT. francs, lire soldi. francs. As 6 ; 7 10 ;; 3629,50 to the sum sought. Ans. 4536 Lire, 17 Soldi, 6 Den. Reduce 3629 Francs, 50 Centimes, into Italian Livres ; exchange at 99 Francs for 100 Italian Livres. STATEMENT. francs. Ital. liv. As 99 : 100 soughtf Ans. 3666,06 Italian Livres. francs. 3629,50 to the sum FRANCE ON NAPLES. Reduce 580 Ducats, 56 Grains, into French money ; exchange at 4 Francs 25 Oentimes per Ducato di regno. STATEMENT. ducat. francs. ducats. As 1 ; 4,25 : : 580,56 to the sum sought. Ans. 2467 Francs, 38 Centimes. NAPLES ON FRANCE. Reduce 2467 Francs, 38 Centimes, into money ofNaples ; exchange at 4 Francs 25 Centimes per Ducato di regno. STATEMENT. francs, ducat. francs» As 4,25 : I : : 2467,38 to the sum sought. Ans. 580 Ducats, 56 Grains. FRANCE ON SPAIN. ' Reduce 1777 Dollars, 7 Reals, 2 Marave¬ dís of plate, into French money ; exchange at 14 Francs, 45 Centimes per Doubloon o' Exchange of 4 Dollars of plate. SPAIN ON FRANCE. . Reduce 6422 Francs, 60 Centimes, into Spanish money ; exchange at 14 Francs 45 f Centimes per Doubloon of exchange of 4 Dollars of plate. STATEMENT. dolls. francs. As 4 ; 14,45 'the sum sought. dolls, reals, mar 1777 7 2 to Ans. 6422 Francs, 60 Centimes. STATEMENT. francs. As 14,45 sought. dolls. francs. ; 4 : : 6422,60 to the sum Ans. 1777 Dolls. 7 Reals 2 Mar. EXCHANGE CALCULATIONS—FRANCE. 183 FRANCE ON VIENNA. Reduce 6025 Florins, 55^Creutzers, into French money; exchange at 257 Francs per 100 Florins. . STATEMENT. fiorins. francs. florins. CTyiit. As 100 ; 257 : : 6025 55 to the sum sought. Ans. 15486 Francs, 60 Centimes. VIENNA ON FRANCE. Reduce 15486 Francs, 60 Centimes, into money of Vienna; exchange at 257 Francs per 100 Florins. STATEMENT. francs. florins. As 257 : 100 sum sought. francs. 15486,60 to the Ans. 6025 Florins, 55 Creutzers. 184 EXCHANGE CALCULATIONS. FRANCFORT.—(On the Main in Germanv.) Exclianges, are computed in Florins and Creutzers ; or in Rixdollars and Crent- zers ; and also in Florins and Batzen. " 4 Pfenings ="1 Creutzer. 4 Creutzers = 1 Batze. 60 Creutzers, or 15 Bat¬ zen — 1. Florin. 90 Creutzers, or Florin = 1 Rixdollar of account. Course of Exctiange, from the Francfort > - Quotation, Jannary 1820. 5 EXPLANATION. Amsterdam, 140f Francfort, gives 140| Rixdollars of account, for 100 Rixdollars. " of account, for 100 do. current. " for 100 Rixdollars in new Ecus. " for 100 do. current. " for 100 Ecus of 3 Livres. . " of account, for 100 Rixd. banco. " for lOO Rixdollars in Louis d'ors. ten for £1 sterling. gives 40 Florins for 100 Florins current. Augsburg, lOOf (< - gives lÔOJ Basil, 101]^ gives lOl;]- Bremen, 108J í< gives 108^ France, . 79 ^ ^ (6 gives 79 Hamburgh, 150 Li gives 150 Leipsic, O o ti gives 100]- London, 149 it gives 449 Vienna, 40 [-For the usances, S^c. of hills of exchange, see Francfort, page 143.] FRANCFORT ON AMSTERDAM. Reduce 6165 Florins, 9 Stivers, 11 Pen¬ nings into money of Francfort ; exchange at 141 Rixdollars Francfort currency, per 100 Rixdollars of Amsterdam. statement. fixd. A. rizd, F. As 100 : 141 sum sought. stiv. pen. 6165 9 11 to the Ans. 3477 Rixd. 30 Or. AMSTERDAM ON FRANCFORT. Reduce 3477 Rixdollars, 30 Creutzers, Francfort currency, into Dutch money ; ex¬ change at 141 Rixdollars Francfort, per 100 Rixdollars of Amsterdam. statement. rixd. cr. 3477 30 to fhe sum rixd. F. rixd. A. As 141 : 100 sought. Ans. 6165 Florins, 9 Stiv. 11 Pen. EXCHANGE CALCULATIONS.—FRANCE. 185 FRANCFORT ON FRANCE. . Reduce 9137 Francs, 45 Centimes, into money of Francfort ; exchange at 76 Rlx- dollars per 1Ö0 Ecus of 3 Livrés Tournois. STATEMENT. francs. Uv. francs. As 80 : 81 9137,45 to the sum sought. Ans. 9251 Livres, 13 Sous, 4 Deniers. livres, rixd. livres, sous. den. And as 300 : 76 : 9251 13 4 to the sum required. Ans. 3515 Florins, 38 Cr. FRANCE ON FRANCFORT. Reduce 3515 Florins, 38 Creutzers, Francfort currency, into French money ; exchange at 76 Rixdollars per 100 Ecus of 3 Livres Tournois. STATEMENT. rizd. livres. ßorins. er. As 76 : 300 : : 3515 38 to tha sum sought. ' Ans. 9251 Livres, 13 Sous, 4 Den. livres, fran. livres, sou: den. And as 81 : 80 ; : 9251 13 4 to the sum sought. Ans. 9137 Francs, 45 Centimes. FRANCFORT ON HAMBURGH. Reduce 5929 Marks, 9 Schillings, 4 Pfen- ings,~ Hamburgh banco, into money o Francfort ; exchange at 144 Rixdollars Francfort, per 100 Rixdollars banco. STATEMENT. rixd. rixd.F.' marks, sc. "pfe. As 100 : 144 : : 5929 9 4 to the sura sought. - Ans. 2846 Rixdollars, 18 Creutzers. HAMBURGH ON FRANCFORT. Reduce 2846 Rixdollars, 18 Creutzers, f|Francfort currency, into Hamburgh mon¬ ey ; exchange at 144 Rixdollars, Francfort for 100 Rixdollars Hamburgh banco. STATEMENT. rixd. F. rixd. banco. rixd. cr. As 144 100 : : 2846 18 to the sum sought. Ans. 5929 Marks, 9 Schil. 4 Pfen. r FRANCFORT ON LONDON. Reduce ¿£845 18s. 8d. into tnoney of Francfort ; exchange at 142¿^ Batzen per £ sterling. STATEMENT. £ hatz. £s.d. As 1 : 142J ::-845 18 8 to the sum sought. Ans. 8036 Florins, 22 Creutzers. 24 LONDON ON FRANCFORT. Reduce 8036 Florins, 22 Creutzers, Francfort currency into sterling ; exchange at Batzen per £ sterling. STATEMENT. ^ balzen. £ florins, cr. As 142¿ ; 1 : : 8036 22 ,to the sum sought. Ans. «f845 ISj. 6 ^ Quotation, March 1820. J EXPLANATION. Amsterdam, 89 Genoa receives 89 Grotes Flemish for 1 Pezza of 5f Lire. Augsburg, 61^ gives 61¿- Soldi fuori banco for 1 Florin current. Constantinople 16 (t gives 16 Soldi or 80 Centimes for 1 Piastre. France, 94^ receives 94^ Sous in Francs for 1 Pezza of 5£ Lire. Hamburgh, 45^ << gives 45^ Soldi fuori banco for 1 mark banco. Leghorn, 123 c< gives 123 Soldi fuori banco for 1 Pezza of 8 Reals. Lisbon, 868 tt receives 868 Rees for 1 Pezza of 5^ Lire. London, 48. if receives 48 Pence sterling for do. , do. 30 << gives 30 Lire Italiane for £1 sterling. Milan, 87^. (< receives 87¿ Soldi correnti for 1 Scudo of 4 Lire fuori banco. Naples, 100 <( gives 100 Soldi fuori banco for 1 Ducato di regno. Palermo, 36i it receives 36¿^ Grani for 1 Life fuori banco. ■" do. 15 tt gives 15 Lire fuori banco for 1 Oncia. 1 ^ Rome, 128 tt gives 128 Soldi fuori banco for 1 Roman Scudo. Spain, 617 it receives 617 Maravedis of Plate for 1 Scudo d'oro marche. Trieste, 61i tt gives 61¿ Soldi fuori banco for 1 Florin efiective. Venice, 34i tt receives 34^ Soldi piccoli for 1 Lire fuori banco. Vienna,' [eil tt gives 61J Soldi fuori banco for 1 Florin effective. [For the usances, Sfc. of hills of exchange, see Genoa, page 143.] 190 EXCHANGE CALCULATIONS—GENOA. GENOA ON LONDON. LONDON ON GENOA [See page 154.] [Äee page 154.] GENOA ON AMSTERDAM. AMSTERDAM ON GENOA. [Seepage 164.] [Äee page 164 ] GENOA ON FRANCE. FRANCE ON GENOA. [Seepage 180.] [Seepage 180.] GENOA ON HAMBURGH. Reduce 1789 Marks, 10 Schillings, 8 Pfenings, Hamburgh banco, into money of Genoa ; exchange at 46J Soldi di Lira per mark banco. HAMBURGH ON GENOA. Reduce 4160 Lire, 19 Soldi,- 6 Denari, into Hamburgh money; exchange at 46j Soldi di Lira per Mark banco. mark. As 1 : sum sought. STATEMENT. soldi. 46J marks, sch. pfen. 1789 10 8 to the Ans. 4160 Lire, 19 Soldi, 6 Denari. STATEMENT. soldi. As 46J mark. 1 : lire, soldi, den. 4160 19 6 to the sum sought. Ans. 1789 Marks, 10 Sch. 8 Pfen. GENOA ON LEGHORN. Reduce 210 Pezze, 16 Soldi, 8 Denari, into money of Genoa ; exchange at 124 Sol¬ di fuori banco per Pezza of 8 Reals. STATEMENT. ■pezza. soldi. As 1 : 124 sum sought. pezze. sol. den. 210 16 8 to the LEGHORN ON GENOA. Reduce 1307 Lire, 3 Soldi, 4 Denari, into money of Leghorn ; exchange at 124 Soldi fuori banco per Pezza of 8 Reals. STATEMENT. soldi. As. 124 sum sought. pezza. 1 lire, soldi, den. 1307 3 4 to the Ans. 1307 Lire, 3 Soldi, 4 Den. Ans. 210 Pezze, 16 Soldi, 8 Den. GENOA ON LISBON. Reduce 595 Millrees, 184 Rees, into money of Genoa ; exchange at 736 Rees per Pezza of 5f Lire fuori banco. STATEMENT. . As 736 sought. lire. H millrees. 595,184 to the sum LISBON ON GENOA. / Reduce 4649 Lire, 17 Soldi, 6 Denari fuori banco, into money of Portugal ; ex¬ change at 736 Rees per Pezza of 5J Lire fuori banco. Ans. 4649 Lire, 17 Soldi, 6 Den. Href sol. As 5 15 : the sum sought. STATEMENT. rees. : 736 lire. 4649 sol. den. 17 6 to Ans. 595 Millrees, 184 Rees. EXCHANGE CALCULATIONS—GENOA. 191 GENOA ON NAPLES. Reduce 1612 Ducati di regno into money of Genoa; exchange at 104^- Soldi fuori banco per Dncat. statement. áue. As 1 «ought. soldi. 104i due. 1612 to the sum NAPLES ON GENOA.' Reduce 8422 Lire, 14 Soldi fuori banco, into money of Naples ; exchange at 104¿^ Soldi fuori banco per Ducat. statement. soldi. As 104^ sum sought. due. 1 lire. sol. 8422 14 to the. Ans.'8422 Lire, 14 Soldi. Ans. 1612 Ducats. GENOA ON PALERMO. Reduce 196 Oncie, 24 Tari, 2 Grani, into money of Genoa; 'exchange at 34¿- Grani per Lira fuori banco. statement. oncie. tari. gra. 196 24 2 to the grani. lira. As 34^ : 1 sum sought. ■ • Ans. 3422 Lire, 13 Soldi, 4 Den. PALERMO ON GENOA. Reduce 3422 Lire, 13 Soltfi, 4 Denari fuori banco, into Sicilian money ; exchange at 34¡|- Grani per Lire fuori banco. statement. lire. sol. den. 3422 13 4 to the lira. gr. As 1 : 34| sum sought. Ans. 196 Oncie, 24 Tari, 2 Grani. GENOA ON SPAIN. Reduce 468 Dollars, 3 Reals, 17 Mara¬ vedís of plate, into money of Genoa ; ex¬ change at 640 Maravedís of plate per Scudo d'oro marche of 10 Lire 14 Soldi fuori banco. statement. mar. lire. sold. doll. rs. mar. * As 640 : 10 14 : : 468 3 17 to the sum sought. Ans. 2130 Lire, 4 Sol. 4 Den. SPAIN ON GENOA. Reduce 2130 Lire, 4 Soldi, 4 Denari fuori banco, into Spanish money ; exchange at 640 Maravedís of Plate per Scudo d'oro marche of 10 Lire 14 Soldi fuori banco. statement. lire, soldi. mar. lire. sold. den. As 10 14 : 640 : : 2130 4 4 to the sum sought. " - Ans." 468 Dolls. 3 Reals, 17 Maravedís. GENOA ON VENICE. Reduce 4673 Lire, 13 Soldi, 8 Denari piccoli, into money of Genoa ; exchange at 38 Soldi piccoli per Lire fuori banco of Ge¬ noa. statement. VENICE ON GENOA. Reduce 2459 Lire, 16 Soldi, 8 Denari of Genoa, into money of Venice; exchange at 38 Soldi piccoli per Lire fuori bonco. lire, soldi, den. • 4673 13 8 to soldi. lira. As 38 ; 1 sum sought. Ans. 2459 Lire, 16 Soldi, 8 Denari. the statement. lira. soldi. lire. sol. As 1 : 38 : : 2459 16 sum sought. Ans. 4673 Lire, 13 Soldi, 8 Denari. den. 8 to the 192 EXCHANGE CALCULATIONS. HAMBURGH. Exchanges are computed in Marks, Schillings, and Pfeijings, banco or current j or in Pounds, Shillings, and Pence, Flemish banco. Banco bears an Agio on currency, wbicb is generally from 20 to 25 per cent. 12 Pfenings = 1 Schilling, or Sol Lubs. 16 Schillings Lubs = 1 Mark. 3 Marks = 1 Rixdollar. 6 Pfenings = 1 Grote Flemish. 12 Grotes Flemish, or 6 Schill¬ ings Lubs = 1 Shilling Flemish. 20 Shillings Flemish, or Marks = 1 Ponnd Flemish. Course of Exchange, from the Hamburgh ) Quotation, January 1820. 5 EXPLANATION. Amsterdam, 106 Haniburgh receives 106 Rixdollars, Dutch currency, for 100 Rixds. " receives 148J- Rixdollars effective, for 100 Rixdolls. banco. " gives 25^ Schillings banco, for 1 Ecu of 3 Francs. " receives 41 Rixdolls. Prussian cur. for 100 Rixds. banco. " receives 149 Rixdollars Danish for 100 Rixdolls. banco. " gives 25J Schillings banco for 1 Ecu of 3 Francs. " receives 148¿- Rixdollars effective for 100 Rixdolls. banco. " gives 80 Grotes Flemish banco for 1 Pezza of 5f Lire f. b. " gives 86¿- Grotes Flemish banco for 1 Pezza of 8 Reals. " gives'37 Grotes Flemish banco for I Old Crusade. " gives 35 Shillingsand 9 Pence, Flem. ban. for £1 sterl. " receives 149 Rixdollars, effective, for 100 Rixdolls. banco. " gives 84f Grotes, Flemish banco, for 1 Ducat of Plate. " receives 82 Soldi piccolifor 1 Mark banco. '* ' receives 149 Rixdollars, effective, for 100 Rixds. banco. [for the usances, Sfc. of bills of exchange, see Hamburgh, page 144.] Augsburg, 148^ . Basil, 251 Breslau, 41 Copenhagen, 149 France, 25^. Francfort, 148^ Genoa, 80 Leghorn, 86^ Lisbon, 37 London, 35 9 Prague, . 149 Spain, 84f Venice, 82 Vienna, 149 EXCHANGE CALCULATIONS.—HAMBURGH. i9â HAMBURGH ON LONDON. [ Exchanges are computed here in Lire, Soldi, and Denari correnti, or Imperiali. 12 Denari = 1 Soldo. 20 Soldi = 1 Lira. 106 Soldi or Lira imperiali == 150 Soldi or Lire correnti. 106 Soldi imperiali, or 150 Soldi correnti = 1 Filippo. 117 Soldi imperiali = 1 Scudo or Crown. Course of Exchange, from the JUilan Î Quotation, January 1820. 5 EXPLANATION. Amsterdam, 56 Milan, gives 56 Soldi correnti, for 1 Florin. Augsburg, 66 M:^ Exchanges are computed here in Oncie, Tari, and Grani ; and also in Scudi, Tari and Gram. '20 Grani or Grains = 1 Tari or Tarin. 30 Tari = 1 Oncia. 12 Tari = 1 Sondo or Sicilian Crown. 5 Scudi = 2 Oncie. ✓ Course of Exchange, from the Palermo > Quotation, January, 1820. J EXPLANATION, Amsterdam, 5¿- Palermo, gives 5¿- Tari for 1 Florin. France, 47¿ " ^ gives 47¿^ Grani for 1 Franc. Genoa, 39¿- " gives 39^ Grani for 1 Lira fuori hanco. A Hamburgh, 4 6 " gives 4 Tari 6 Grani for 1 Mark banco.- Leghorn, 12¿ " gives 12^ Tari for 1 Pezza. Lisbon, 6^ " gives 6|- Tari for 1 old Crusádo- London, 60 " gives 60 Tari for ¿£1 sterling. Naples, - 121 " receives 121 Ducati for 100 Sicilian Crowns. Rome, 12|^ " gives 12^ Tari for 1 Roman Scudo. Spain, 8f '' gives 8f Tari for 1 Peso of Plate. Trieste, 5 27 " gives 5 Tari 27 Grani for 1 Florin current. \For the usances, Sfc. ^ bills of exchange, see Sicily, page 147.] PALERMO ON LONDON. LONDON ON PALERMO. [Seepage 156.] [See page 156.] PALERMO ON GENOA. GENOA ON PALERMO. [Seepage 191.] [Seepage 191.] PALERMO ON LEGHORN. LEGHORN ON PALERMO. [Seepage 198.] [Seepage 198.] PALERMO ON LISBON. LISBON ON PALERMO. [See page 201.] [Seepage 2iS\.'\ PALERMO ON NAPLES. NAPLES ON PALERMO. [Äee page 207.] [See page 2^1.'] EXCHANGE CALCULATIONS.—PALERMO. 809 PALERMO ON AMSTERDAM. Reduce 2564 Florins, 10 Stivers, into Sicilian money ; exchange at 5¿- Tari per Florin. STATEMENT. florins, stivers. 2564 10 to the sum florin, tan. As 1 : 5i sought. Ans. 470 Oncie, 4 Tari, 15 Grani. AMSTERDAM ON PALERMO. Reduce 470 Oncie, 4 Tari, 15 Grani, into Dutch money ; exchange at 5^ Tari per Florin. STATEMENT. tari, florin. oncie. tari, grani. As 5^ : 1 : : 470 4- 15 to the sura sought. Ans. 2564 Florins, 10 Stivers. PALERMO ON SPAIN. Reduce 4646 Dollars, 5 Reals, 14 Mara¬ vedís of Plate, into Sicilian money ; ex¬ change at 8¿ Tari per Dollar of plate. STATEMENT. dolls, reals, mara. 4646 5 14 to the doll. tari. As 1 : sum sought. Ans. 1316 Oncie, 16 Tari, 15 Grani. SPAIN ON PALERMO. Reduce 1316 Oncie, 16 Tari, 15 Grani, into Spanish money ; exchange at 8^ Tari per Dollar of plate. STATEMENT, ojicie. tari. gra. 1316 16 15 to the tari. doll. As 8f : 1 sum sought. Ans. 4646 Dolls. 5 Reals, 14 Mar. 27 \ «10 EXCHANGE CALCULATIONS. PETERSBURGH. Exchanges are computed here in Rubles and Copecks. 10 Copecks = 1 Grieve or Grievener. 10 Grieves,or 100 Copecks = 1 Ruble. Course of Exchange, from the Petersburgh ) Quotation, January, 1820. J Amsterdam, EXPLANATION. 9f¿- Petersburgh,receives 9f¿- Stivers for 1 Ruble. Constantinople, 73 France, 104 Hamburgh, 8f¿- , Leipsic, 17 London, Vienna, IOtjV 125 gives 73 Copecks for 1 Piastre. receives 104 Centimes for 1 Ruble. receives SfJ Schillings Lnbs banco for I Ruble. receives 17 Groschen for 1 Ruble. receives 10^^ Pence sterling for 1 Ruble. receives 125 Creutzers for 1 Ruble. [For the usances, <^c. of bills of exchange, see Russia, page 147.] PETERSBURGH ON AMSTERDAM. Reduce 2655 Florins, 13 Stivers, 2¿- Pen¬ nings, into Russian money ; exchange at 9f Stivers, per Ruble. STATEMENT. stivers, ruble. florins, sti. pen. As 9f : 1 ; ; 2655 13 ^ 2,5 to the sum sought. Ans. 5518 Rubles, 25 Copecks. AMSTERDAM ON PETERSBURGH. Reduce 5.518- Rubles, 25 Copecks, into Dutch money ; exchange at 9| Stivers per Ruble. STATEMENT. ruble. stivers. rubles, copecks. Asi : 9^ : : 5518 25 to the sum sought. Ans. 2655 Florins, 13 Stivers, 2¿ Pen. PETERSBURGH ON FRANCE. Reduce 7077 Francs, 67 Centimes, into Russian money ; exchange at 1 Franc 10 Centimes per Ruble. STATEMENT. franc, cents ruble, franc, cent- As 1 10 1 : : 7077 67 to the sum sought. Ans. 6434 Rubles, 25 Copecks. FRANCE ON PETERSBUGH. Reduce 6434 Rubles, 25 Copecks, into French money ; exchange at 1 Franc 10 Centimes per Ruble. STATEMENT. ruble, franc, cent. rubles, copecks. As 1 : 1 10 : : 6434 25 to the sum sought. Ans. 7077 Francs, 67 Centimes. PETERSBURGH ON LONDON. Reduce 131 Is.' Id. sterling, into Rus¬ sian money •, exchange at 9^d. per Ruble. STATEMENT. d. ruble. £ _ s. d. As 9^ : 1 : : 131 1 1 to the sum sought. Ans. 3466 Rubles, 90 Copecks. LONDON ON PETERSBURGH. Reduce 3446 Rubles, 90 Copecks, into sterling; exchange at OJrf. per Ruble. STATEMENT. ruble, d. rubles, copecks. As 1 : 9¿ : : 3446 90 to the sum sought. • Ans. ^131 Is. Id. EXCHANGE CALCULATIONS. Sil ROME. ' ©I' Exchane;es are computed in Scudi moneta, and Bajocchi ; or in Scudi di Stampa, Soldi, and Denari d'oro. Quattrini and Mezzi Quatirini are also sometimes reckoned. 2 Mezzi Quattrini — 1 Quattrino. 5 Quattrini = 1 Bajocco. 10 Bajocchi = I Paolo. 10 Paoli, or 100 Bajocchi = 1 Scudo Moneta, or Roman Crown. 1523 Mezzi Quattrini, ox 152 Bajocchi = 1 Scudo di Starapa d'oro or gold 12 Denari d'oro = 1 Soldo d'oro. 20 Soldi d'oro = 1 Scudo di Starnpa d'( Crown, oro. Course of Exchange, from the Roman ) Quotation, January, 1820. } EXPLANATION. Amsterdam, 44 Rome, gives 44 Bajocchi, for 1 Florin. Ancona, 98 '' gives 98 Scudi Romani for 100 Scudi of Ancona. Bologna, 102 " gives 102 Scudi Romani, for 100 Scudi of Bolbgna. Florence, 104i " gives 104^ Scudi di Stampa d'oro for 100 Scudi d'oro France, 105 " receives 105 Sous in Francs, for 1 Scudo. Genoa, 128 " receives 128 Soldi fuori banco, for 1 Scudo. Leghorn, 96 " gives 96 Bajocchi, for 1 Pezza of 8 Reals. London, 47 /' ' receives 47 Pence sterling for 1 Scuda Milan, 139f " gives 139f Scudi Romani, for 100 Scudi Imperiali. Naples, 127^ " receives 127^ Ducati di regno, for 100 Scudi Romani. Venice, 557 " receives 557 Centimes, for 1 Scudo. [For usances, Sfc. of hills of exchange, see Rome, page. 146] ROME ON FRANCE. Reduce 26813 Francs; 54 Centimes, into Roman money ; exchange at 5 Francs, 20 Centimes, per Scudo moneta. EXAMPLE. francs, cen. 26813 54 to the francs, ecu. scudo. As 5 20 : 1 sum sought. Ans. 5156 Scudi, 45 Bajocchi. FRANCE ON ROME. Reduce 5156 Scudi, 45 Bajocchi, into French money; exchange at 5 Francs, 20 Centimes, per Scudo moneta. The opera¬ tion is best performed decimally, thus : EXAMPLE. scudo. francs. scudi. As 1 : 5,20 t! 5156,45* to the sum sought. ■ Ans. 26813 Francs, 54 Centimes. 212 EXCHANGE CALCULATIONS.—ROME. ROME ON GENOA, Reduce 4017 Lire, 3 Soldi, 9 Denari fa ori banco, into Roman money ; exchange at 125 Soldi fuori banco per Scudo moneta, STATEMENT. soldi. scudo. lire. sol. den. As 125 ; i ; ; 4017 3 9 to the sum sought. Ans. 642 Scudi, 75 Baj. GENOA ON ROME. Reduce 642 Scudi, 75 Bajocchi into mon¬ ey of Genoa ; exchange 125 Soldi fuori banco, per Scudo moneta. STATEMENT. scudo. soldi. scudi, baj. As 1 ; 125 : : 642 75 to the sum sought. Ans. 4017 Lire, 3 Soldi, 9 Denari. ROME ON LONDON. Reduce¿Ê937 lis. 5d. sterling, into Ro' man money ; exchange 52d. sterling per Scudo. STATEMENT. d. scudo. £ d. As 52 : 1 937 11 5 to the sum sought. Answer 4327 Scudi, 25 Baj. LONDON ON ROME. Reduce 4327 Scudi, 25 Bajocchi, into sterling ; exchange, at 52d. sterling, per Scudo. STATEMENT. scudo. d. , scudi. baj. As 1 : 52 :: 4327 25 to the sum sought. Ans. ^937 lis. 5d. EXCHANGE CALCULATIONS. 213 SPAIN. ©I' Exchanges are generally computed here in denominations of PlatOj which is al¬ ways understood to be Old Plaie, if JVem Plate be not mentioned. There are three principal denominations of these imaginary monies in which ex¬ changes are generally transacted, viz. Dollars, Doubloons, and Ducats, and they are divided into Reals and Maravedís of Plate, and sometimes converted into Vellón and other denominations. The Dollar of Exchange, also called Peso, or Piastre de Cambio, or de Plata, is divided into 8 Reals of 34 Maravedís of Plate each, and sometimes into 16 Quartos. The Doubloon de Plata, or Pistole of Exchange, is four times the Dollar, and therefore contains 32 Reals, or 1088 Maravedís of Plate. The Ducat of Plate, also called Ducato de Cambio, contains 11 Reals, 1 Maravedí, or 375 Maravedís of Plate. At Alicant, Valencia, and Barcelona, exchanges are tranasacted in Libras of 20 Sueldos, or 240 Dineros. The Libra of Alicant and Valencia is the Dollar of Plate. This is sometimes di¬ vided into 10 Reals of New Plate, which are, of course, equal to 8 Reals of Old Plate. The Libra of Barcelona, commonly called Libra Catalan, is worth Reals of Plate ; hence 7 of those Libras equal 5 Dollars of Plate ; and, therefore, 28 Sueldos Catalan, equal I Dollar. The Hard Dollar of 20 Reals, Vellón, is occasionally used in Exchanges, and is also divided into 12 Reals, each Real of 16 Quartos. The cur¬ rent Dollar, which is an imaginary money, valued at two thirds of the Hard Dollar, is divided into 8 Reals, and the Real into 16 Quartos. The two latter are the princi¬ pal monies of Exchange used at Gibraltar. Course of Exchange, from the Cadiz 1 ■ Quotation, February, 1820. J EXPLANATION. Amsterdam 96 Cadiz, receives 96 Grotes Flemish for 1 Ducat of Plate. * France 14 " receives 14 Francs for 1 Doubloon of Plate. Genoa 125 " gives 125 Dollars of Plate for 100 Pezze of 5| Lire. Hamburgh 88 " receives 88 Grotes Flemish banco for 1 Ducat of Exch. Leghorn 123 " gives 123 Dollars of Plate for 100 Pezze of 8 Reals. Lisbon 2700 " receives 2700 Rees for 1 Doubloon of Plate. London 35f " receives S5§ Pence sterling for 1 Dollar of Plate. Naples 290 " gives 290 Maravedís of Plate for 1 Ducato di regno. [Jhr the usances, ^c. of bills of exchange, see Spain, page 146.] SPAIN ON AMSTERDAM. [Seepage 166.] SPAIN ON FRANCE. [Seepage 182.] SPAIN ON GENEVA. [«See page 188.] AMSTERDAM ON SPAIN. [ Quotation, January 1820. ) EXPLANATION. Amsterdam, 35 Turin, , gives^35 Soldi for 1 Florin. Augshurg, 43i if gives 43^ Soldi for 1 Florin currents . . France, 20 1 ft gives 20 Lire, 1 Soldo, for 24 Francs. Geneva, 82 ft gives 82 Soldi for 3 Livres current. Genoa, • 9 10 (t gives 9 Lire ,10 Soldi, for 13 Lire, 10 Soldi, fuori banco, Hamburgh, 31¿ (f gives 31¿- Soldi for 1 Mark banco. Leghorn, 87¿ tf gives 87¿ Soldi for 1 Pezza of 8 Reals. London, 21 5 ff gives 21 Lire, 5 Soldi, for £l sterling. Milan, 97| fii gives 97f Soldi for 1 Filippo, or 7^ Lire correnti. Naples, 74 ff gives 74 Soldi for 1 Ducat. Rome, 87 ff gives 87 Soldi for Ï Scudo Romano. Spain, 63 ff gives 63 Soldi for 1 Dollar of Exchange. Venice, 94 if gives 94 Soldi for 1 Ducat current. Vienna, 43i .f gives 43|. Soldi for 1 Florin current. [iTor the usances, ^c. of hills of exchange, see Turin, page 147.] . TURIN ON FRANCE. Reduce 1728 Francs, 60 Centimes, into money of Turin; exchange at 20 Lire, 10 Soldi, for 24 Francs. FRANCE ON TURIN. Reduce 1476 Lire, 10 Soldi, 3 Denari, of Turin, into French money ; exchange at 20 Lire, 10 Soldi, for 24 Francs. statement. lire. .201 francs. As 24 sought. Ans. 1476 Lire, 10 Soldi, 3 Denari francs. 1728,60 to the sum statement. lire, soldi, den. 1476 10 3 to lire, soldi. francs. As 20 10 : 24 the sum sought. Ans. 1728 Francs, 60 Centimes. 230 EXCHANGE CALCULATIONS.—TURIN. TÜRIN ON GENOA. GENOA ON TURIN. Reduce 14239 Lire, 16 Soldi fuori banco, Reduce 9756 Lire, 18 Soldi, of Turin, into money of Turin; exchange at 9 Lire, into money of Genoa ; exchange at 9 Lire, 5 6 Soldi, of Turin, par Sequin of 13¿ Lire Soldi, per Sequin of 13| Lire fuori banco! fuori banco. STATEMENT. lire. soldi. 14239 16 to lire, soldi, lire, soldi. As 13 10 : 9 5 the sum sought. Ans. 9756 Lire, 18 Soldi. lire, soldi. As9 5 : sum sought. STATEMENT. lire, soldi. 13 10 lire, soldi. 9756 18 to the Ans, 14239 Lire, 16 Soldi. TURIN ON LONDON. Reduce .£406 16s. 2«I. sterling, into money of Turin ; exchange at 19 Lire, 10 Soldi, per £ sterling. STATEMENT. £ lire, soldi. £ s. d. As 1 ; 19 10 : ; 406 16 2 to the sum sought. Ans. 7932 Lire, 15 Soldi, 3 Den. LONDON ON TURIN. Reduce 7932 Lire, 15 Soldi, 3 Denari, into sterling ; exchange at 19 Lire, 10 Soldi, per £ sterling. STATEMENT. lire, soldi. As 19 10 sum sought. £ lire, soldi, den. 1 7932 15 3 to the Ans. £406 16s. 2d. EXCHANGE CALCULATIONS. VENICE. Exchanges have been computed here in Lire, Soldi, and Denari, Moneta Piccola, and also in Ducats ; but they are now generally computed in Centimes, of Italian Livres, which are similar to those of France. 12 Denari == 1 Soldo. 20 Soldi — 1 Lira. 6 Lire 4 Soldi piccoli = 1 Ducat current, or of account. 8 Lire piccoli = 1 Ducat effective. 100 Centimes = 1 Lire Italiana. 40,000 Lire Piccoli = 30,467 Lire Italiane. Course of Exchange, from the Venetian ) Quotation, January, 1820. ) EXPLANATION. Amsterdam, 224 Venice, gives 224 Centimes, for 1 Florin. Ancona, 540 (t gives 540 Centimes, for 1 Scudo. Augsburg, 260 if gives 260 Centimes, for 1 Florin current. Constantinople, 85 <( gives 83 Centimes, for 1 Piastre. France, 105 (( gives 105 Centimes, for 1 Franc. Genoa, ,86 <( gives 86 Centimes, for 1 Lira fuori banco. Hamburgh, 196 (( gives 196 Centimes, for 1 Mark banco. Leghorn, 533 « gives 533 Centimes, for 1 Pezza. Lisbon, 66 receives 66 Rees, for 1 Lira. London, 26 30 " gives 26,30 Centimes, for £l sterling. Milan, 102 fi gives 102 Centimes, for 100 Centimes. Naples, 433 << gives 433 Centimes, for 1 Ducato di regno. Palermo, 13 ft gives 13 Lire, for 1 Oncia. Rome, 550 it gives 550 Centimes, for 1 Scudo Romano. Vienna, 261 tí gives 261 Centimes, for 1 Florin effective. {For the usances, 4*c. of bilk of exchange, see Venice, page 150.] 222 EXCHANGE CALCULATIONS—VENICE. VENICE ON LONDON. [Seepage 157.] VENICE ON CONSTANTINOPLE. [Seepage 175.] VENICE ON GENOA. [Äee page 191.] VENICE ON HAMBURGH. [Seepage 194.] VENICE ON LISBON. [Äee page 202.] LONDON ON VENICE. [Seepage 157.]. CONSTANTINOPLE ON VENICE. [iSee page 175.] GENOA ON VENICE. [«See page 191.] HAMBURGH ON VENICE. [Seepage 194.] LISBON ON VENICE. [See page 202.] VENICE (ÍN FRANCE. Reduce 3372 Francs, 30 Centimes, into Venetian money ; exchange at 2 Lire, 5 Soldi piccoli, per Franc. FRANCE ON VENICE. Reduce 7587 Lire, 13 Soldi, 6 Denari piccoli, into French money ; exchange at 2 Lire, 5 Soldi piccoli per Franc. STATEMENT. franc. lire, soldi. francs, cen. As 1 : 2 5 : : 3372 30 to the sum sought. Ans. 7587 Lire, 13 Soldi, 6 Denari. STATEMENT. lire, soldi, den. 7587 13 6 to lire, soldi, franc. As 2 5 : 1 the sum sought. Ans. 3372 Francs, 30 Centimes The above is the mode of exchange lornierly used, but as it is in a great measure discontinued, any further examples are deemed unnecessary. EXCHANGE CALCULATIONS. 223 VIENNA. Exchanges are computed in Florins and Creutzers, or in Rixdoliars and Creutzers. 4 Pfenings = 1 Creutzer. 60 Creutzers = 1 Florin or Gulden. Florins, or 90 Creutzers = 1 Rixdollar of account. 2 Florins, or 120 Creutzers = 1 Rixdol- lar specie. Course of Exchanse, from the Vienna) Quotation, January, 1820. 5 EXPLANATION. Amsterdam, 140 Vienna, gives 140 Rixdoliars current, for 100 Rixdoliars. Augsburgh, 100 " gives 100 Rixdoliars current, for 100 Rixdoliars current. Constantinople, 112 " gives 112 Florins, for 100 Piastres. France, 119 " - receives 119 Florins, for 100 Ecus of 3 Francs. Genoa, 30¿ " receives 30¿ Soldi fuori banco, for 1 Florin current. HamSurgh, 148^ " gives 148^ Rixdoliars current, for lt)0 Rixdoliars banco. Leghorn, 57^ " receives 57¿ Soldi moneta buona for 1 Florin. London, 9 52 " gives 9 Florins, 52 Creutzers for ¿^1 sterling. Milan, 67^ " receives 67:J- Soldi correnti for 1 Florin current. Prague, 99¿. " -gives 99¿ Florins, for 100 Florins current. Smyrna, 112 gives 112 Florins, for 100 Piastres. Venice, 184 " gives 184 Florins, for 500 Lire piccole. [For the usances, ^c. of hills of exchange, see Vienna, page 150.] VIENNA ON CONSTANTINOPLE. CONSTANTINOPLE ON VIENNA. [Seepage 175.] [Seepage 175.] VIENNA ON FRANCE. FRANCE ON VIENNA. [Seepage 183.] [See page VIENNA ON HAMBURGH. HAMBURGH ON VIENNA. [«See page 195.] [Seepage 195.] VIENNA ON LONDON. LONDON ON VIENNA. [See page \S7 [Seepage 157.] 224 EXCHANGE CALCULATIONS.^WEST INDIES. VIENNA ON LEGHORN. Reduce 2233 Pezze into Austrian money; exchange at 42 Soldi di Lira moneta buona, per Austrian Florin. [5J Lire moneta buona, statement. pezze. As 4 : 23 : : 2233 to the sum sought, Ans. 12839 Lire, 15 Soldi di Lira. soldi, florin. lire. soldi. Then as 42 : 1 : 12839 15 to the sum required. Ans. 6114 Florins, 10 Creutzers. LEGHORN. ON VIENNA. Reduce 6114 Florins, 10 Creutzers of Austrian into money of Leghorn ; exchange at 42 Soldi di Lira moneta buona, per Flo- : 1 Pezza of 8 Reals.] statement. florin, soldi, florins, or. As 1 : 42 6114 10 to the sum sought. Ans. 12839 Lire, 15 Soldi. Then as 23 : 4 the sum required. lire. ' soldi di I. 12839 15 to Ans. 2233 Pezze. WEST INDIES. Under this article are comprehended all the Islands lying in the Caribbean Sea, be¬ tween North and South America ; and also a few of the neighboring settlements on the Continent. These places, though liable to frequent political changes, still, for the most part, retain the weights, measures, and denominations of money, of the European nations, by which they were originally colonized ; and they are accordingly classed in the fol¬ lowing Table, without any reference to the country or power to which they may at any time eventually belong. The Larger Islands, or Greater Antilles, are, Jamaica, Cuba. English. Spanish. Porto Rico, St. Domingo, Spanish. French and Spanish. The smaller Islands, or lesser Antilles, also called the Caribbee Islands, are divided into Leward and Windward Islands. The Leward Islands are, Tortola, The Saints, Barbuda, Antigua, , St. Kitts, Netis, Montserrat, Dominica, ► English. Guadaloupe, Marigalante, ■ St. Eustatia, St. Martin, St. Thomas, Santa Cruz, St. John, St. Bartholomew, I French. I Dutch, I Danish. Swedish. EXCHANGE CALCULATIONS.—WEST INDIES, 225 Barbadoes, St. Vincent, Grenada. Trinidad, Margarita, Demerara, Berbicb, The fl'indward Islands are, Tobago, • English. Martinico, St. Lucia, Islands on the Coast of Terra Firma. J Spanish. Curacao, Bonaire, English. I French. ! Dutch. Settlements on the Continent of South America. Dutch. Essequibo, Surinam, I Dutch. ENGLISH ISLANDS. * Accounts are kept in all the English Islands in Pounds, Shillings and Pence cur¬ rency. The Pound is divided into 20 Shillings, and the Shillings into 12 Pence. West India currency is an imaginary money : it varies in different Islands from 40 to 100 per cent. Thus, in some colonies £140 currency, and in others, £200 cur¬ rency, must be reckoned for £100 sterling. The following are the currencies and corresponding values of the Dollar in the different English Island/ : currency. sterling. currency. Jamaica, ^140 for £100 Dollar 6s. 8a. Barbadoes, 135 for 100 " 6s. 3 ■ ■ u . f.,.. r,r.r. If a Bill, drawn in the West Indies on any part of Great Britain, be noted ior non- acceptance, the holder may oblige the drawer, by legal process, to give security in the Island for the amount, without waiting for the Bill being protested for non-payment. WEST INDIES. 12 Pence = 1 Shilling. 20 Shillings = 1 Pound currency. LONDON ON THE WEST INDIES. West Indian currency is reduced to ster ling by saying ; as the rate of exchange is to 100, so is the given sum to the sum sought. EXAMPLE. Reduce ^778 I6s. 4d. currency to ster¬ ling ; exchange at ¿£166 currency, per ¿£100 sterling. STATEMENT. £ £ currency. As 166 : 100 ; : ¿£778 16s. 4d. to the sum sought. Ans. ¿£469 3s. 4d. sterling. WEST INDIES ON LPNDON. Sterling is reduced to West Indian cur¬ rency, by reversing the foregoing operation ; that is, as 100 is to the rate of exchange, so is the given sum to the sum sought. EXAMPLE. Reduce ¿£469 3s. 4d. sterling to West Indian currency ; exchange at ¿£166 curren¬ cy per .£100 sterling. STATEMENT. £ £ sterling. As 100 : 166 : ; ¿£469 3s. 4d. to the sum sought. Ans. £778 16s. 4d. currency. Currency at thefoUouñng prices may be thus Sterling at the following prices, may he thus reduced to sterling. reduced to currency. At 50 mult, by S div. by 3 At 75 mult, by 4 div by 7 At 50 mult, by 3 div. by 2 At 75 mult, by 7 div. by 4 524 " 40 ' 61 774 " 40 ' 71 524 « 61 " 40 774 71 " 40 55 " 20 ' 31 80 " 5 ' 9 .55 " 31 " 20 80 9 " 5 574 •' 40 ' 63 824 " 40 ' 73 574 " 63 " 40 824 73 " 40 60 " 5 ' 8 85 " 20 ' 37 60 " 8 " 5 85 37 " 20 624 " 8 ' 13 874 " 8 ' 15 624 " 13 " 8 874 15 " 8 65 " 20 < 33 90 " 10 ' 19 65 " 33 " 20 90 19 " 10 674 « 40 ' 67 924 " 40 ' 77 674 " 67 " 40 924 77 " 40 70 " 10 ' 17 95 " 20 ' 39 70 " 17 " 10 95 39 " 20 724 " 40 ' 69 974 " 40 ' 79 724 " 69 " 40 974 79 " 40 «32 EXCHANGE CALCULATIONS.—EAST INDIES. EAST INDIES. Q>w> The business of Exchange in India is chiefly carried on between the three Presi¬ dencies, viz. Bengal, Madras, and Bombay, which draw on each other at various dates, and mostly in the denominations of the money of the place where the Bill is to be paid. London draws on Bengal in Current Rupees, at 2s. more or less ; or in Sicca Ru¬ pees at 16 per cent above current Rupees. On Madras, in Pagodas, at 7s. 6d. more or less. On Bombay, in Rupees, at 2s. 2d. more or less. *Such Bills are mostly at 60 or 90 days sight, but Bills from those places on London are generally drawn at 6, 9, or 12 months sight, in which case the Sicca Rupee is valued at2s. 6d. ; the Bombay Rupee at 2s. 4d.; and the Pagoda of Madras, at 8s. more or less. Those Monies of Exchange are divided as follows : BENGAL, CALCUTTA, &c. 12 Piece = 1 Anna. 16 Annas = 1 Rupee. 1 Sicca Rupee = 2s. 6d. sterling. BOMBAY. 100 Rees= 1 Quarter. 4 Quarters = 1 Rupee. 1 Rupee = 2s. 4d. sterling. MADRAS. 80 Cash = 1 Fanarn. 45 Fanams = 1 Star Pagoda. 1 Star Pagoda = 8s. sterling. To reduce any number of Rupees or Pagodas into sterling at a given rate of Ex¬ change, or the contrary, is an operation too simple to require illustration. ÈXCHANGE CALCULATIONS. 23Û A TABLE Por reducing the French, Dutch, Portuguese and British currencies to that of thé United States at Par. FRANCE AND THE UNITED STATES. COLUMSr i: COI.ÜMír 2. PORTUGAL, OR BRAZILS} AND THE U. STATES. To reduce French to U. lo reduce the United I'o ¡reduce Portugal Brazilail to U. States currency. States currency. States to French cur'cy. FRANCE. Ü. STATES. U. STATES. FRANCE. PORTUGAL &, BRAZILS. Ü. STATESi Francs. Cent— —Dolls. Cts. .Mills Dolls. Cts. — Francs. Cent. MillreeSs ReeS. = Dolls. Cts. Millst I H 1 1 li 2 3| 3 lOf 2 H 3 5| 3 16 3 8| 4 4 2H 4 5 5 9f 5 26-1 5 - 6 1 n 6 32 6 71 7 1 H 7 37i 7 8f 8 1 5 8 42f 8 I 0 9 1 9 48 / 9 1 11 10 1 10 63i 10 1 21 20 3 20 1 6f 100 12 5 30 5 6f 30 1 Bo 200 25 0 40 7 5 40 2 13i 300 37 5 50 9 3| 50 2 66f 400 60 0 60 11 2| 60 3 20 600 62 5 70 13 If 70 3 731 600 75 0 80 15 80 4 261 700 87 5 90 16 8| 90 4 80 800 I 00 0 1 18 n 1 5 331 900 1 12 Ô 2 37 5 2 10 66f 1 1 25 3 56 2t 3 16 00 . 2 2 50 4 75 4 21 331 66f 00 3 3 75 5 93 n 6 26 4 5 00 6 1 12 5 6 • 32 5 6 25 7 1 31 2| 7 37 33* 6 7 50 8 1 50 8 42 66f 7 8 75 9 1 68 n 9 - 48 00 8 10 00 10 I 87 5 10 53 331 9 11 25 20 3 76 20 106 66| 10 12 50 30 5 62 5 30 160 00 20 25 00 40 7 50 40 213 331 66f 30 37 50 50 9 37 5 50 266 40 60 00 60 11 25 60 320 00 60 62 50 70 -13 12 5 70 373 331 60 75 00 80 15 00 80 426 66f 70 87 50 90 16 87 5 90 480 BO 80 100 00 100 18 75 100 533 331 90 112 60 200 37 50 200 1066 66| 100 126 300 . 56 25 300 1600 00 200 250 400 75 00 400 2133 331 300 375 500 93 75 500 2666 66f 400 600 600 112 50 600 3200 00 500 625 700 131 25 700 3733 331 600 750 800 150 00 800 4266 66| 700 875 900 168 75 900' 4800 00 800 1000 1000 187 50 1000 5333 331 900 1000 1126 1250 30 234 EXCHANGE CALCULATIONS. PORTUGAL & BRAZILS, AND THE U. STATES. COLITMN 4. HOLLAND AND THE UNITED STATES. To reduce U. States curren¬ u iTl 1. *1 . . cy to that of Portusral and lo reduce Dutch, to United To red uce u. States cur- Brazils. btates currency rency to that of Holland. U. STATES. PORT.&. BRAZILS. HOLLAND. Ü. STATES. U. STATES. HOLLAND. Dolls. Cts. Millrees. Rees. Gild. Sti. Gt. Pen. —Dois. Cts. Mills Dolls. Cts. — Gild. Sti.Pen. 1 8 1 H 1 0 8 2 16 2 2¿ 2 1 0 3 24 3 3f 3 1 8 4 32 4 5 4 2 0 6 40 5 5 2 8 6 48 6 6 3 0 7 56 t 7 8f 7 3 8 8 64 1 1 8 4 0 9 72 1 2 9 4 8 10 80 2 4 10 5 20 160 3 6 20 10 30 240 4 8 30 15 40 320 5 10 • 40 1 00 60 400 6 12 50 1 5 60 480 7 14 60 1 10 70 560 8 16 70 1 15 80 640 9 18 80 2 00 90 720 10 20 90 2 5 1 800 1 40 1 2 10 2 1 600 2 80 2 5 00 3 2 400 3 1 20 3 7 10 ^ 4 3 200 4 1 60 4 10 00 6 4 000 5 2 00 5 12 10 6 4 800 6 2 40 6 15 00 7 5 600 7 2 80 7 17 10 8 6 400 8 3 20 8 20 00 9 7 200 9 3 60 9 22 10 10 8 10 4 10 25 20 16 20 8 20 50 30 24 30 12 30 75 40 32 40 16 40 100 50 40 50 20 60 125 60 48 60 24 60 150 70 56 70 28 70 m 175 80 64' 80 32 80 200 90 72 90 36 90 225 100 80 100 40 100 250 200 160 200 80 200 500 300 240 300 120 300 750 400 320 400 160 400 1000 500 400 500 200 500 1250 600 480 600 240 600 1500 700 660 700 280 700 1750 800 640 800 320 800 2000 900 720 900 360 . 900 2250 1000 800 1000 400 1000 2500 EXCHANGE CALCULATIONS. 235 GREAT BRITAIN AND THE UNITED STATES. COtUMN 7. COLUMN 8. COLUMN 9. To reduce £ si erlirig to Dollars and Cents. To reduce Dolls, and Cts. to £ sterl. O. BRITAIN. u. STATES. G. BRITAIN. u.STATES. UNITED STATES . GREAT BRITAIN. £ 5. Dolls. cts. mills. Pence. Cts. mills Dolls. Cts. £ S. d. qT.-ftsts 1 22 2 i 1 0 2 16 2 44 4 i I* 2 1 0 32 3 66 6 i 1 3 1 2 48 4 88 8 1 1 8 -4 2 0 64 5 1 11 1 2 3 7 5 2 2 80 6 1 33 3 3 5 5 6 3 0 96 7 1 55 5 4 7 4 7 3 3 12 8 1 77 7 5 9 3 8 4 1 28 9 2 00 0 6 11 1 9 4 3 44 ' 10 2 22 2 7 13 0 10 5 1 60 11 2 44 4 8 14 8 20 10 3 20 12 2 66 6 9 16 7 30 1 4 0 80 13 2 88 8 10 18 5 40 1 9 2 40 14 3 11 1 11 20 4 50 2 3 0 00 15 3 33 3 60 2 8 1 60 16 3 55 5 70 3 1 3 20 17 3 77 7 80 3 7 0 80 18 4 00 0 - 90 4 0 2 40 19 4 22 2 1 4 6 1 4 44 4 2 9 0 2 8 88 8 3 13 6 3 13 33 3 4 18 0 4 17 77 7 5 1 2 6 5 22 22 2 6 1 7 0 6 26 66 6 7 1 11 6 7 31 11 1 8 1 16 0 8 35 55 5 9 2 00 6 9 40 00 0 10 2 5 10 44 44 4 20 4 10 20 88 88 8 30 6 15 30 133 33 3 40 9 00 40 177 77 7 50 11 5 50 222 22 2 60 13 10 60 266 66 6 70 15 15 70 311 . 11 1 80 18 00 • 80 *355 55 5 90 20 s 90 400 00 0 100 22 10 100 444 44 4 200 45 0 200 - 888 88 8 300 67 10 300 1333 33 3 400 90 00 400 1777 7? 7 500 112 10 600 2222 22 2 600 135 00 600 2666 66 6 700 157 10 700 3111 11 1 800 180 00 800 3555 55 5 900 202 10 900 4000 00 0 1000 225 00 1000 4444 44 4 236' EXCHANGE CALCULATIONS. USE OP THE TABLES. COLUMIV 1. Beduce 61754 Francs, 73 Centimes, French, to Federal money, at Par. 1000 Francs are equal to $187.50 Multiplied by 61 ^ 187.50 11250.0 61000 Francs ere equal to 11437.50 700 '< are = 131.25 60 " are £= 9.37| 4 •' are 8= 75 0.70 " are = 13|- 3 " are = 5A 61754.73" are = $11579.06^ COL.UMN 2. Reduce 12794 Dollars, 84 Cents, to French money, at Par 1000 Dollars are equal to F 5333.33^ Multiplied by 12 12000 Dollars are equal to 64000.00 700 " are s= 3733.33^ 90 " are = 480.00 4 are = 21.33^ 0.80 " are = . 4.26§ 4 " are = 21^ 12794.84 " are = P. 68239.14f COLUMN 3. Redtice 11754 Millrees, 637 Rees, to Federal money, at Par. 1000 Millrees are equal to $1250.00.0 Multiplied by 11 11000 Millrees are equal to * 13750.00.0 10 Rs. = 1 ct. 2¿ mills, mult, by 3, Is the val. of 700 it are = 875.00.0 50 ti ' are ^ 62.50.0 4 ii are = 5.00.0 0.600 9i are c=: 0.75.0 30 and ia 3.7^ 7 • ( are ca 8f R. 11754.637 " are $14693.29.6^ EXCHANGE CALCULATIONS. 237 COLUMN 4. Reduce 8694 Dollars, 73 Cents, to Portugal money, at Par. $1000 Dollars are equal to R. 800.000 Multiplied by . 8 8000 Dollars are equal to 6400.000 600 " are = 480.000 90 " are = 72.000 4 " are = 3.200 0.70 " are = 560 3 " are = 24 Dolls. 8694.73 are = Millrees, 6955.784 COLUMN 6. Reduce 6793 Gilders, 16 Stivers, 1 Grote, 4 Pennings, to Federal money, at Par. 1000 Guilders are equal to $400.00,0 Multiplied by 6 6000 Guilders are equal to 2400.00.0 700 " are = 280.00.0 90 " are = 36.00.0 3 " are = 1.20.0 0.16 Stiv. are = 32.0 0.1 Gr. is = 1.0 0.4 Pen. are = 0.5 6793.16.1.4 2717.53.5 col,um;n 6. Reduce .5754 Dollars, 37 Cents, to Dutch money, at Par. 1000 Dollars are equal to Multiplied by 5000 Dollars are equal to 700 " are = 50 '' are = 4 " are = 0.30 " are = 7 " are = Guilders 2500 5 12500 1750 125 10 0.15 stivers. 0.03 St. 8 Pen. 5754.37 14385.18 .8 238 EXCHANGE CALCULATIONS. COLUMNS 7 & 8. Reduce ¿^4975 13s. Q^d. sterling, to Federal money, at Par. ¿&1000 are equal to $4444.44.4 Multiplied by 4 ,£4000 are equal to 900 are = 70 are == 5 are = 0 10s. are = 3s. are =; Gd are = id is = £4975 13s.6id. 17777.77.6 4000.00.0 311.11.1 22.22.2 2.22.2 0.66.6 11.1 y $22114.11.21 COLUMN 9. Reduce 8754 Dollars, 37 Cents, to sterling, at Par £225.00.0.0 1000 Dollars are equal to Multiplied by 8000 Dollars are equal to 700 " are = 50 " are = 4 " are = 0,30 " are = 7 " are = 8 $8754.37 " are = 1800.00.0.0 157.10.0.0 11.05.0.0 18.0.0 1.4.1 3.3 £1969.14.8.0 In column 9, the first line of figures to the right hand, are hundredths of a farthing, and was introduced with a view to enable any one to test the correctness of the Table ; as 1 cent is equal to 2 qr. 2 cts. are equal id. 0 qr. and 3 cts. are equal to Id. 2 qr. xVij) &c. in general, the fractions may be neglected throughout the Table. SYNOPSIS OF THB 3IARI1VE LAW: CONTAI1VIÎÎG AL.li THAT IS NECESSARY FOR THE INFORMATION OF A SHIP-MASTEM. OWNERS, ANP TRANSFER OF PROPERTY. It is obvious that one may be owner of a ship by building her, or by purchase. Ships or vessels are a species of property, which appears from very early times to have been evidenced by written documents, and at present always is so, which other moveable goods seldom are ; and therefore the purchaser of a ship has, in this in¬ stance, the means of ascertaining the title of any person, who offers to sell, and can rarely be deceived except by his own fault or negligence. Sir W. Scott, in the case of the Sisters, said, " a bill of sale is the proper title to which the Maritime Courts of all countries would look. It is the universal instrument of transfers of ships in the usage of all maritime countries, and in no degree a peculiar title deed, or convey¬ ance known only to the law of England. It is what the maritime law expects, and what the Court of Admiralty would, in its ordinary practice require, and what the British Legislature has made absolutely necessary." It may he added, that it iä equally necessary in the United States. The master, as will more fully appear hereafter, possesses all the powers necessary for the em|)loyment, and navigation of the ship ; but he has not, except in cases of extreme necessity, authority to sell the ship. And cases of such extreme necessity very rarely happen. Although the master hitnself be ¡»art owner ; yet his sale would be good only for his own part. This interdiction of sale has been attempted to be evaded tn foreign countries, by procuring a sentence of condemnation, and sale of a ship, as unfit for service, from some court or judge having jurisdiction inAnaritime affairs; but it has been solemidy adjudged that no such jurisdiction is known to the law of England, and the same opinion, it may be added, would be held in .our courts. The fact upon which such sentence, and order of sale is founded, is subject to be en¬ quired into again by the parties interested ; and it has often been done with success, and ascertained that the proceedings have been fraudulent. Maritime writers hold, that if a ship be sold with the tackle, apparel furniture and other instruments thereto belonging, that the ship's boat is not conveved by these words. When a ship is in the country of the owner, and an actual delivery is possible, such a delivery is necessary to give a perfect title to the buyer, in case of a sale of the whole ship ; although, as between buyer and seller, the sale may be completed by payment of the price, without such delivery ; yet third persons, as for instance, cred¬ itors of the seller, may dispute the validity of the sale, in such case. 240 But in case of the sale oí part of the ship, it has been deemed sufficient !f the sell¬ er deliver up the muniments of his title, and ceases from the time to act as part owner- but if such part owner has actual possession of the ship, it is not impossible for him to deliver the possession, and it should be done; but where he has not artua/possession, the possession of the other part owner may reasonably be considered the possession of the buyer. But when a ship is abroad, a perfect transfer may be made of her by a bona fide sale; provided the vendee use reasonable diligence on her return to take possession • —and this holds true in the case of a mortgage. ' If a ship be wrecked in a foreign port, abandoned, and afterwards sold by the gov¬ ernment of that country, the purchaser acquires a perfect title by such sale. Mortgagor and Mortgagee.—In a few cases the question has been agitated, wheth¬ er the mortgagee of a ship, who has not taken possession, is liable for such r^epairs, and other expenses,'as are not a charge upon the ship itself in specie. And in one case it was held that such mortgagee is not liable. But in this case the mortgagor acted personally in the management of the ship, as owner, so that it is not a case which clearly settles the principle : and in a more recent case, the correctness of that opinion was in some degree questioned :—in a later one the same question was called up but not decided. By way of caution, therefore, until the point is better settled, every- person who takes a mortgage of a ship, should consider it possible, at least, that he may expose himself to a loss by the very act from which he expects a security. Chartered Ship.—The question has been raised, in the case of a ship chartered to one person, who is the owner, with respect to another person, whose goods have been shipped under the authority of the charterer. In a case where the owner of a ship chartered her to another, for a particular voyage, for a certain sum,he to have the freight of goods, reserving to the owner the freight of passengers,—and the owner appointed the master, and covenanted for the condition of the ship, and the behavior of the master. The person thus taking the ship on charter took on board goods on freight, and receiv¬ ed the freight for them ; but the goods were not delivered, and an action being brought for the goods and damages, the Court held, that the owner of the ship, in this case, was liable ; because the master was of his appointment, of course the ship un- dor his direction to navigate,—and he derived the benefit irora the voyage of the ship. In another case, one James brought an action against Jones, as owner of a ship, for the loss of some goods, on a voyage from Faro to London. The case was this. Thomas, the master, had in his own name, as master, chartered the ship to Reed from Falmouth to Faro, and back to London, and Reed engaged, by the charter party, to provide a full lading from Faro, and to pay a stipulated price per ton. The goods were shipped at Faro, by the consent of Reed, at that place ; and Thomas, the mas¬ ter, signed a bill of lading engaging to deliver them to the Plaintiff, James—" he pay¬ ing freight per charter party." In this case the court intimated an opinion, that Reed was ow^r for the voyage, as it respected James, and that Jones was not responsible to James, with which the parties were satisfied, and the case was carried no farther. It will be noticed that the latter case differs from the former in this, that the bill of lading stipulates payment of the freight according to the charter party, and although the master was put in by the owner Jones, and. not by Reed ; yet Reed was considered, in this case, as owner for the voyage, and Thomas the master, for this purpose as his agent. Both these cases seem to present matter of form rather than matter of sub¬ stance; for in either case, the owners were liable, at the suit of the person to whom the ship was chartered, to a recovery of the damages for the benefit of the merchant, whose goods were lost. The owners of a ship, chartered for a voyage, still continue owners for the pur¬ pose of receiving salvage in case of property saved by the crew ; and although one Ü4i of the charterers be on board, and consent that a part of the crew shall navigate the saved vessel. This is not such an act as puts the ship at the risk of the charterers. PROPERTY IN AMERICAN SHIPS. All commercial nations have, for the advancement of their individual prosperity, con¬ ferred various privileges of trade upon the ships belonging to their own countrymen. The United States have followed this wise example, and conferred peculiar privileges upon ships built within the country, by several Acts of Congress, which need not be enumerated here. These Acts relate to all ships employed at sea, which may be divided into five classes, viz : 1st, Ships of the United States employed in foreign trade, which are entitled to be registered. 2d, Ships built in the United Stales, but owned wholly or in part, by foreigners, which are entitled to be recorded. 3d, Ships built out of the United States, but owned by citizens, which are entitled to a certificate of ownership. 4th, Ships of the United States employed in the coasting trade or fisheries, which are entitled to be enrolled and licensed. 5th, Ships built out of the United States, and owned by foreigners, which aré considered alien vessels to all in¬ tents and purposes. Ships actually registered, and such as are duly qualified for the coasting and fishing business, or one of them, are alone considered ships or vessels of the United States, entitled to the rights and privileges of such ships or vessels,—-and they continue to enjoy these privileges no longer than they continue to be wholly owned, and comman ded by citizens o( the United States of America. The masters name is contained in a ship^s Register,—and when the master is chang¬ ed, the owner, or the new master, is to report such change to the collector of the port where the change happens, or where the ship shall first be after the change, and to produce to the collector the certificate of registry, and make oath or affirmation that the new master is a citizen of the United States, and the manner in which he is such citizen. The collector is to indorse upon the certificate a memorandum of such change, specifying the name of the new master, and to transmit a copy of it to the collector of the district, where the ship is registered, if it be not his own district. So if a registered ship be sold or transferred, in whole, or in part, tg a foreigner, by way of trust, confidetice or otherwise, the sale or transfer must be reported in like manner, or the ship will be forfeited ; but if the ship be owned in part only, the shares of the owners knowing of such sale or transfer, are only forfeited. Register¬ ed ships must have their names, and the ports to which they respectively belong, painted on the stern, under a penalty of $S0. Every registered vessel of the United States of America, altered in form, or bur¬ then, by being lengthened, or built upon, or from one denomination to another, by the mode of rigging, or fitting, must be registered anew by her former name, and the for¬ mer register given up, unless lost, or unintentionally mislaid, or she will cease to be a ship of the United States of America. Upon the entry of every registered ship from any foreign port the register and ship's documents must be deposited with the collector. And upon such entry an oath or affirmation must be made, that it contains the names of all the then owners of the ship, or if any part has been transferred since the granting the register, that such is the case, and that no foreigner has any share in the ship, by way of trust, confidence or otherwise. This oath must be taken by the owner, or part owner, if the entry be at the port where they reside, otherwise by the master. If the certificate of registry be lost, destroyed or mislaid, a new register may be 81 242 granted, upon oath or affirmation of the facts, and complying with the requisites of tiie law in relation to the registry of ships. But so valuable a paper ought to be preserv¬ ed with the greatest care. Upon every transfer there must be some instrument in writing in the nature of a bill of sale, which must recite the certificate of registry, at length, otherwise the ship is incapable of being registered anew, and loses the privileges of a ship of the United States of America, hut the want of tliis in the instrument does not invalidate the con¬ tract of sale, it only subjects the ship to the consequences attached to a foreign vessel. When a registered ship is sold, in whole, or in part, when abroad, to a citizen of the United States of America, she is entitled to all the privileges of a registered ship of the United States, provided the requisites of law are complied with, and a new cer¬ tificate of registry is obtained within three days from the time when the master or oth¬ er person, having the charge or command is required to make his final report upon his first arrival afterwards within the United States of America. This is hut a very brief sketch of the provisions in the statute laws of the United States relative to ships and vessels ; hut it is enough for our purpose ; because, for the most part, they more immediately concern the owners, than the masters of ships. PART OWNERS. The several part owners of a ship are tenants in common with each other, of their respective shares, and upon the death of any one of them, his share goes to his exec¬ utor or administrator. It is obvious that a ship, owned by several distinct proprietors, cannot he enjoyed advantageously by all, without a common consent and agreement among them—and to regulate the enjoyment of a personal'chatlel by several owners, in case of disagreement, has been found one of the hardest tasks of legislation. It has been justly deemed wise in a legislature to interfere as little as possible upon the sub¬ ject, in order that the separate interests of the parties should constrain them to pursue towards each other a profitable and equitable course, for their mutual benefit. But in the case of ships, which are built to plough the ocean, and not to lie by the walls, com¬ mercial nations consider their actual employment, not merely as of private advantage, but of public benefit to the State ; and hence have, in respect to them, laid down cer¬ tain positive rules, to prevent the obstinacy of some part owners from condemning a ship to rot in idleness. It sometimes happens, that the several part owners of a ship enter into a fixed and certain agreement together, to delegate to one of them, the management of their com¬ mon concern, who, by an intelligent figure of speech, is called the ship's husband ; and when this is done, nothing is left for the law, but to enforce the agreement thus made. It is only when the enjoyment of the property is not thus settled by the parties, that the law interferes in case of disagreement among them. The ordinances of Oleron Wisbuy are silent upon the subject of disagreement among the owners, as to the employment of the ship. By the ordinance of the Hans Towns, if the owners disagree, as to the freighting of the ship, the majority of voices carries it—and yet the master may take money on bottomry for those who will not contribute their part to the outfit. The French ordinance directs tiiat in all cases which concern the common interest, the opinion of thé majority in value shall be fol¬ lowed. The ordinance of Rotterdam gives power to a majority, possessed of above half the ship, to let her out on freight, and bind all the part owners thereby, and to raise money upon the outfit, either by borrowing it on bottomry, or by disbursing for the shares of the other owners, who appear unwilling to contribute after due notice—and the same ordinance even authorizes more than one half to sell the ship for the general account. 243 But the law of England appears to possess a manifest advantage over all these ordi¬ nances;—because, while it authorizes a majority to employ the ship upon any proba¬ ble design, it takes care to secure the interests of those who dissent. And the Admi¬ ralty, from very remote times, take a stipulation from those who desire to send the ship on a voyage, in a sum equal to the value of all the shares of those who object, either to bring back and restore the ship, or to pay them the value of their shares. When this is done, the objectors bear no part of the outfit, and are not entitled to any share of the profits, but the ship sails wholly at the charge, and risk, and profit, of the others. This security may be taken upon a warrant, obtained by the minority, to arrest the ship, and it is incumbent on them to do this to protect their interests ; or if they forbear to do this, they should, at all events, expressly notify their dissent to the others, and if pos¬ sible to the merchants also, who freight the ship ; for it has been decided, that one part owner cannot recover damages, against another, upon a charge of fraudulently and deceitfully sending the ship to foreign parts, where she was lost. It is a general princi¬ ple of law, that where one tenant in common, of any chattel interest whatever, merely takes the chattel from another tenant in common, and carries it away, no action lies against him ; for one of them has as much right to the possession as any other of them. The doctrine above mentioned, it will be noticed, applies to a majority in interest of the owners, and not to a case where the owners of one. half of the ship wish her to be employed, and the other half dissent ; but a learned civilian, who wrote near the end of the seventeenth century, states that the same thing may be effected by one part only, in case of an equality of partnership. This doctrine is adopted by Moäoy, and is fol¬ lowed in the modern practice of the Court of Admiralty. Judge Peters, in the District Court of Pennsylvania, recognized fully the above doctrine as to a majority of owners, when a minority dissented—and he seemed to con¬ sider it questionable, whether a minority might not be compelled to sell upon applica¬ tion by the majority to the Admiralty Court. As to repairs, and other necessaries for the employment of the ship, one part owner may, in general, by ordering these things on credit, render his companions liable to be sued for the price of thern. Yet, if the person, who gives the credit, does not at the time know, that there are other part owners, he may sue him alone from whom he re¬ ceived the orders. But one part owner, by ordering insurance of the ship, without authority from another, connot charge the other with any part of the premium, unless the other afterwards assents to the insurance. Interest of part owners with regard to strangers. All the part owners make but one owner in law; and therefore, in case of any injury done to the ship by the wrong, neg¬ ligence of a stranger, they all ought to join in one suit for the recovery of damages, which are afterwards to be divided among them according to their respective interests. And in case of the death of any part owner, after an injury sustained, the right of ac¬ tion survives, in general, to the surviving part-owners, who must afterwards pay to the personal representatives of the deceased his proportion of the damages recovered. In the case, however, of an action for freight of goods, conveyed in a general ship, all the part-owners ought to join, unless perhaps, some one of them should have received his share, or released his claim to it. And regularly, all the owners should be sued if an action is brought upon any contract relating to the ship. And if a tradesman, who has repaired a ship, take from some of the part-owners sums equivalent to their shares, they still remain responsible for the residue, if not paid by the others, unless at the time of payment, the tradesman discharge them from further demand, upon some good consideration inducing him so to do—such as payment before the expiration of the usual credit ; or unless he release them by deed—which no prudent man will do with¬ out some very strong inducement. And in such case, ii he takes in payment the bill 244 » of the ship's husband (a part-ovrner) for the amount, and settles with him alone, the other owners are discharged, though the bill should be dishonored. MASTERS'AND MARINERS. The Master is the agent of the owners, and as such is bound, in all cases, to act with honesty and good faith. It is almost invariable that he has written orders or instruc¬ tions, embracing the principal part of his duty during the voyage. It is extremely hazardous for him to depart, in the smallest degree, from these instructions, as he will be responsible for every damage which may arise from a wanton and unnecessary de¬ parture from them. He should consult them in all cases of doubt or difficulty, and follow them with the most exact precision. There are, however, many permanent duties, which the master is obliged to perform, which are not enumeiated in his orders, and which depend upon his own discretion and fidelity, and in respect to these, he must act as if the case were his own, and it is of the utmost importance to his owners, that he act, in relation to them, in the exercise of a sound discretion. He should never attempt a breach of embargoes, blockades, or other restraints, being in most cases personally responsible,-if any damages or loss should ensue. He should never deviate, without necessity, from the direct course of the voyage, for policies of insurance, on both vessel and cargo, would thereby be vacated. Nothing but unavoidable necessity will justify a deviation. Pilots. Where the custom of trade has stationed pilots, the master should, upon entering ports, or navigating difhcuH passages, take one on board, and by no means to jiroceed williout, nor discharge the pilot, except at the customary places. The neg¬ lect of this would, defeat policies of insurance upon ship and cargo, and render the master and owners liable to the loss which the insured might sustain. The time and place of taking the pilot on board, and the time of discharging him, should be noted upon the log book. The name pilot, or steersman, is applied either to a particular officer of the ship during the voyage, and having charge of the helm and the ship's route—(an officer not recognized in the usages of our merchant ships,) or to a person taken on board at a particular place, for the purpose of conducting a ship through a river, road or channel, or from, or to, a particular port. Pilots of this description only require our attention. They aré regularly established at different places for the benefit and convenience of the shipping interest. Masters should acquaint themselves with the regulations upon this subject relating to the par¬ ticular navigation in which they are employed. A pilot, while on board, has the absolute and exclusive control of the ship, and is considered as master for the time being. It seems, therefore, that the master of the ship is not liable for any injury happening to another vessel by the fault or negligence of the pilot ;—at least if he be not on board at the time of the injury. But the owner of the ship is, in such case, liable, although the pilot he appointed by public authority. And a suit in the Admiralty lies to recover the damages. A master, upon his first arrival at any port, should inform bimselfof all port laws and regulations, which he must scrupulously and carefully observe. All damages which may ensue upon a breach of them will eventually fall upon himself. He must care¬ fully observe the same caution with regard to all revenue laws. Port dues and charges are payable by the master—and his vessel, cables, anchors, he. may be distrained for the payment. ' As the master is the person who has the care and management of the ship, his power and authority are so great, and the trust reposed in him is so important, that the 4 245 greatest care should be taken in his appointment. Anciently it was almost universally the case that the master was a part owner, but at present this is seldom the case. The law of some countries requires a previous examination of the person to be em¬ ployed in this important office ; and in others, he is liable to a criminal punishment, if, having undertaken the charge, he is found incompetent to the performance of it. VVith us, the owners are left to their own discretion as to the skill and honesty of the master, and although he is bound to make good any damage which may happen to the ship or cargo by his negligence or unskilfulness, if he is ol ability so to do ; yet he cannot be punished criminally for mere incompetence. J\lasters' authority as to the employment of the Ship. There are two species of contracts under which ships are employed. ■ 1st. The contract by which an entire ship, or at least the principal part thereof, is let for a determined voyage to one or more places. This is usually done by the well known instrument called a charter party. 2d. The contract, by which the master or owners of a ship for a destined voyage, en¬ gage, separately, with a number of persons,unconnected with each other, to convey their respective goods to the place of the ship's destination. A slîip thus employed is usually called amènerai ship. The owners are bound by every lawful contract made by the master relative to the usual employment of the ship, and this because they employ the ship, and receive the profits of that employment. A part owner, who dissents from the employment of the ship, as mentioned heretofore, is not bound, because he does not employ the ship for the voyage, as has been already stated. The usual employment of the ship is evidence of authority given to the master by the owners to enter into, and make, for them, contracts relating to such employment j and consequently a contract made by him, is considered in law as made by them. It is true that the master himself is also liable upon his own contract ; for in favor of commerce the law will not compel the merchant to seek after the owners and sue them, although it gives him power to do it, but leaves him a two-fold remedy, against the one, or against the other. But, in pursuing this remedy, care must be taken to de¬ scribe the defendant according to his real character ; for in a suit brought against a person, as master, where it appeared on trial that he was not master, but owner, the- plaintiff failed in his suit. We are to notice that the contracts of the master, which bind the owner, are those which regard the usual employment of the ship ; but in case where a ship was built for carrying passengers only, or for carrying merchandise only„ and employed only in that particular trade, the owners would not be liable for a con¬ tract by the master to employ the ship for a different purpose, and in a different trade» A Charter party made by the master ,in a foreign port, in'the usual course of the ship's employment, and under circumstances which do not afford evidence of fraud j or when made by him at the ship's home, under circumstances which afford evidence of the assent of the owners, the ship and freight, and indirectly, the owners also, to the amount of the value of the ship and frieght, are by the Marine Law bound to the performance. And it seems to follow from the doctrine of settled cases, that if the master make a particular engagement, or warranty, relating to the conveyance of merchandize, ac cording to the usual employment ol the ship, the owners will be bound by such en¬ gagement or warranty, although made without their knowledge. A broker in London had been employed by the master to advertise a ship, as a general ship, bound to Ham¬ burg, and in the printed papers the broker had inserted a clause that the ship was to sail with convoy from the place of rendezvous. There was no evidence either of the assent or dissent of the owners to this warranty, or of their knowledge of it. But there was contradictory evidence upon a question made at the trial, whether the mas¬ ter had forbidden the broker to insert this clause. The jury were instructed, that that 246 point was quite immaterial, for as the broker was employed to advertise the ship the owners were answerable to strangers for his acts although he had exceeded his au¬ thority ; and must seek their remedy against him ; and the owners were made liable by his warranty. All this great responsibility, which the laws of commercir", states have cast upon owners, for the acts of their master in many cases, have appeared to many, at first view, to be hard; but setting aside all consideration of the opportunities of fraud and collusion, which would otherwise be afforded, it sliould be remembered that the master is selected and appointed by the owners, and by their appointment of him they hold him forth to the public as a person of trust and confidence, and if the mer¬ chants whom he deceives could not have redress against those who appointed him, they would often have just reason to complain that they suffered irreparable injury, through the negligence or mistake of the owners, for the master is seldom of sufficient ability to make good a loss of any considerable amount. Masters authority as to repairs and necessaries. The obligation to which the mas¬ ter may subject the owners to pay charges of repairing the ship, and the prices of stores and provisions for her use, is sometimes direct, as it subjects them personally to an action ;—sometimes indirect, to be prosecuted by a suit against the ship. It is to be remembered however, tliat the master himself is always personally bound by a con¬ tract of this kind, made by him ; unless he takes care by express terras to confine the credit to his owners only. But such contract made by the owners themselves, or under circumstances which show that the credit was given to them alone, gives the creditor no cause of action against the master. The personal liability of the owners, upon contracts of the master for repairs or necessaries for the ship, is of the same nature and rests upon the same jirinciples as those contracts which relate to the employment of the ship, for these relate 10 the means of that employment, and the master appears, to all the world, as the agent of the owners, in all things which relate to the means of employing the ship, as much as in her actual employment, the business of fitting out, victualling, and manning, being left wholly in his management in places where the owners do not reside, and have no (established agent, and frequently also even in the place of their own residence. The piaster's situation is presumptive evidence of authority from the owners to act for them jn these cases, subject indeed to be refuted by proof that another person was actually pmployed for the purpose, and managed the concern, and that this fact was actually known to the creditor, or of such general notoriety that he cannot be supposed to be, because he ought not to have been, ignorant of it. But to charge the owners upon these contracts of the master, the supplies furnished should be reasonably fit and proper for the occasion—or that money advanced for them should at the time appear to be wanting for that purpose. The contrary, in either case, would furnish a strong presumption of fraud or collusion on the part of the creditor. And in an action at law, the general rule has been held to be, that the repairer of a ship has his election to sue the master who employs him, or the owners; but if he sues- upon a special promise from either, the other is discharged. The creditor, who would charge the owners upon these contracts of the master, is required to prove the necessity of those things, which give rise to his demand ; because the master is only authorized to subject his owners for necessaries ; if, therefore, a person trusts him for that which is not necessary, he trusts him for that which is not within the scope of the master's authority to provide. Such is the English doctrine relative to the power of the master to bind his owners by his contracts of this sort, and the same principles are recognized and well established in the United States. The master can hypothecate (or pledge) his vessel, only in case of necessity,—such a neces¬ sity, as that if he did not take up the money, the voyage would be defeated, or at least 247 retarded—and it is held that the master cannot hypothecate while there are goods of his own, or of his owners on hoard. It seems that where the cargo is freighted, and money is borrowed by the master to pay the export duties, that such sum may be recovered of the owner, under the head of necessaries, more especially if such cargo has been delivered to the owner of the ship. It is apparent from what has been said, that where the master expends money of his own for repairs or necessaries, that he has a right to call upon his owners for repayment. From the general liability of the master himself, upon all his contracts of this sort, and the necessity of his obtaining supplies for ship's use, arises his right to retain the freight until he has fully paid his expenses and disbursements. He has a lien (or a rio-ht of detention) upon the freight for this purpose. And if the master has contracted debts on account of the ship, and he gives notice to the shipper not to pay freight to the owner, and the freight is paid, he may, nevertheless, recover the freight from the shipper, (not exceeding the amount of these debts,) where payment to the owner by the shipper would be in bis own wrong. And the master has not only this lien, but he may as a general creditor, retain the freight against his owners, or their assignee, where the assignment is not made before the freight has been earned, and due notice given to him that he is to pay over to the assignee. But the master has no lien upon the ship for payment of debts incurred on the ship's account. This was held in England by Lord Ellenborough ; but a different doctrine has been held in the District Court of Pennsylvania, in 1806.—It was there determined, that sums paid abroad to mariners, or even here, by the master, as well as monies ad¬ vanced in foreign ports for necessaries supplied to the ship, on her voyage, are liens on the ship, and she is hypothecated therefor. But the Court gave no opinion as to the effect of such advances, at the port of outfit, or where the owners reside. And the Court, upon the ground that the above charges were liens in the hands of the master, di¬ rected them to be paid out of certain remnants and surplus, remaining after the sals of the ship, by decree of the Court for payment of mariners' wages. Skcondly.—The jnaster's power to charge the ship, ^c. in specie. By the Roman law, every man, who had repaired, or fitted out a ship, or lent money to be employed in those services, had a priority of right over other creditors upon the value of the ship itself, without hypothecation, or any express contract or agreement; and this yet prevails in countries, which have adopted the Civil law as the basis of their jurisprudence. This privilege exists in France, not only while the ship remains in possession of the owner, but even after a sale to a third person, for some period of time, which seems to have been fixed at one year. But this rule of the civil law has not been adopted in England. A shipwright indeed, who has taken a ship into his own possession to repair, may not be bound to part with the possession, until he is paid for the repairs, any more than a tailor, smith, or other artificer in regard to the object of his particular trade. But a shipwright, who has once parted with the possession of the ship, or has worked upen her without taking posses¬ sion—and a tradesman, who has provided cordage, sails, provisions, or other necessaries for a ship, are not preferred to other creditors, and have no particular claim or lien upon the ship for the recovery of their demands. Thus, where a man had furnished sails and other necessaries for the use of a ship in a port, in England, and instituted a suit in the Admiralty against the persons who were master and owner at the time of the supply, and also against the ship, a person who had purchased the ship applied to the Court of king's bench for a prohibition to the Court of Admiralty to stay proceedings against him and the ship, and the prohibition >vas granted. The language of Lord Chancellor Hardwick, in another case, is as follows : " Certainly, by the maritime law, the master has power to hypothecate both ship and cargo for repairs, Sic., during the 248 voyage, which arises frcai his authority as master, and the necessity thereof during the voyage, without which both sliip and cargo would perish ; therefore both the maritime law, and the law of this country, admit such a power. But it is different where the ship is in port, within the body of the county, and the contract for repairs is made on land, in England, then the rule of the law of the land must prevail." It does not appear that it has .ever been held in the courts of the U. S. A. that ship¬ wrights, and furnishers of supplies for ships, while in ports of U. S. A. have not a lien on the ships, or the right to admiralty process to recover their dues. - No decision ap¬ pears in the Supreme Court of the United States ; but in the District Court of Mary¬ land, after a very learned discussion, Winchester Judge, held that a shipwright by the maritime law has a lien on the ship for repairs and materials found by him while the ship is in a port of the United States. The legislature of New York have expressly provided that such charges shall constitute a lien where the ships are owned by 'per¬ sons not resident 'within' the State. There is a decision in a Court of Admiralty. An American ship was supplied in the river Thames by a London merchant with necessaries for a voyage to Venice, and having performed the voyage, and returned to London, was sold under a decree of the Court in a suit instituted for mariners' wages. After payment of the wages a sur¬ plus remained in the registry of the court. The master had returned to America, and died ; and the owner was insolvent there. The merchant applied to the court for payment of his demand out of the surplus. In support of the application a distinction was taken between English and foreign ships—and after a consideration of the case cited, and finding one of 1763, (the case of a ship called the Adventure,) where the dis¬ tinction was recognized, the Judge decreed that payment should be made according to the application. A similar decision in principle has been made in Pennsylvania. These contracts, by whith the master binds the ship, are usually called Contracts by Bottomry—the bottom, or keel of the ship being taken figuratively to express the whole ship. Sometimes, but inaccurately, money lent in this manner is said to run at Respondentia, for that word properly applies to a loan of money upon merchandize laden on board a ship, the repayment whereof is made to depend upon the safe ar¬ rival of the merchandize at the destined port. In like manner the repayment of mo¬ ney lent upon bottomry, in general, depends upon the prosjterous conclusion of the voyage—and as the lender sustains the hazard of the voyage, he receives, upon its happy termination, a greater price, or premium than the rate of interest allowed in or¬ dinary cases. The premium depends wholly upon the contract of the parties, and consequently varies according to the nature of the adventure. As the master may, under certain circumstances, pledge the siiip by a bottomry contract—so the owners may, in any case, and they not iinfrequently do, in order to raise money for the outfit when circumstances urge them to have recourse to it. The name of Bottomry has been sometimes, incorrectly, ajtpiied to a contract by the terms of which the ship itself is not pledged as a sectirity, but tiie repayment o( the money with a high interest is made to depend upon the success of the voyage. This is rather a loan upon a particular adventure to be made in a particular ship, than a loan upon the ship ; and of course the lender has only the personal security of the borrower. And loans in England have sometimes been made in this manner, and probably, also', with a pledge of the ship itself, to an amount exceeding the value of the borrower's interest in the ship, and such contract is still legal in all cases, except in the case of East India voyages, where certain acts of Parliament, unnecessary to be notic¬ ed here, interfere and restrain them. With regard however to contracts of this sort, made by the owners themselves in England, before the commencement of the voyage, by the terms of which the ship is pledged as security, the lender has not the same convenient and advantageous remedy by suit in the Admiralty against the ship. »4& !is he has in case of liypolhecation by the master for necessaries furnished in a foreigri port, and if the contract purport to be either a present assignment of the ship, liable to be defeated on repayment of the money, or a lulure assignment to take effect only upon failure of such'payment, it seems that a compliance with the provisions of the British resîistry acts, is essential to the validity of îlie contract. With regard to bonds of this sort, perliaps there is no direct decision in the Supretiie Court of the United States, respecting the admiralty jurisdiction ; hut in the District Court of Maryland, Winchester Judge sustained the jurisdiction. The case was on a bottomry bond executed by the owner, and hazarded upon a specific voyage, but by the default of the owner,, the voyage was never undertaken: or accomplishedi The report of the case does not show the form of the instrument, but the learned judge was of opinion that it yvas a good bottomry contract, and that a suit lay in the Admiralty to recover the amount due upon it. He said " the contract on bottomry may be either fot a limited time or for a whole voyage; and in both, the lender has the same security, viz i th.e person of the borrower, and the, thing on which it is loaned ; and he runs the same risk, viz Í of a totrd loss, if his money be effectually hazarded." He distinguished it from a contract of insurance, where the obligation to make good a loss, arises only when tliat loss hafipens ; and says, " the contract of bottomry, on the other hand, implies an immediate pledge and security, defeasible on a future event—the insurance contract is a personal contract simply ; the other a contract of pledge as well as of personal secu-» rity ;—fin cases, iherefore, between the insurer and the lender, upon bottomiy, the lattei is prcfei red. The very term Bottomry, imports a hypothecation by the maritime law^ and the Judge decreed in favor of the libellant. A contract of hypothecation made by the master, does not, of itself transfer the prop-» erty of the ship ; but only gives the creditor a privilege or claim upon her to be carried into effect by legal process. This has been recognized in the United States' CourtSi The master, by tlie maritime law of all States, cannot enter into a bottomry contract in the place of the owner's residence, so as to bind the interest of his owners, without their consent. The meaning of the words " place of residence," has given occasion to some questions in France. In England, the whole of England is considered, for this purpose the residence of an Englishman, at Jeast before the commencement of the voyage; but Ireland has been field a foreign country in the case of an English shipj hypothecated by the master theie, in the course of the voyage. Anda few years sincej the English Court of Admiralty granted its warrant to arrest a ship on a bottomry bond executed at Jersey, for the repairs and outfit, by a person who was both master and owner. In the bond, this person was described as of London, and the ship as of Jersey) and in the result the ship was sold under a decree of the Court. The authority of thö Court to hold cognizance' of the cause, does not appear to have been disputed. It is believed that there has been no decision ujion this point in the American Courts» With regard to a foreign country, the rule appears to be, that the master may, !rS case of necessity, whether the occasion arises from extraordinary peril or misfortune)" or from the ordinary course of the adventure, the master may borrow money at mari-" time interest, and pledge the ship and freight to be earned for repayment, at the ter-* mination of the voyage ; and when this is done, the owners are never Responsible per** sonally. The remedy of the lender is against the master of the ship. But if thö lender does not choose to take the risk of the ship, and will be content not to take mar^* ilime interest, there seems no reason why the master should not pledge both the ship and the personal credit of the owner—and in sucha case, in the English Chancery) there was a recovery of such a loan in the case of a ship which was captured. There is po.settled form of this contract ; but whatever be the form, it must state the ocrasioil of borrowing, the sum, the premium, the ship, the voyage, the risks to be borne by tlid lender, and the subjection of the ship as security for the payment, 32 fâd It would be a fraud in the master, to attempt to hypothecate the ship for any debt of his own, and the lender would he a party in the fraud—therefore the fairness of the loan tnay be a subject of enquiiy and contest, if justice require it. But ifthe ship have been in a state of want, and the money fairly advanced to the master to relieve her, his subsequent misapplication of it will not deprive jhe lender of his remedy. But ii the master have goods of his owner, sufBcient to meet the necessary expenses, or ifthe owner have agents or consignees at the place, who liaveTunds, or are bound for this purpose, the master cannot hypothecate ; for it is only in case of necessity that he has this power. It has been said that he cannot do it if he have funds of his own, and there have been cases where it has been so held ; but this doctrine is somewhat questionable. The master's power to hypothecate, is not affected by the circumstance of the ship's being chartered—and that the master is appointed by .the charterers, if necessity require it. As an illustration of the rule, that the master cannot hypothecate for a debt of his own, take this easel The master of a ship being in a foreign port, and having exposed the ship to seizure by a neglèct to comply with a regulation of the country, entered into an agreement with a person supposed to possess sufficient ijifluence, to obtain the restitution of the ship, to pay him a very considerable sum of money, with maritime interest, if the restitution should be secured, and the ship should return home in safety—and to secure this, entered into a bottomry bond. The ship was restored, and did safely return home—and a suit was instituted against the ship upon the instru¬ ment executed by the master, but it was determined that the ship and owners were not bound by the contract. If there are several securities oí" this kind upon the ship, at different periods of the voyage, the latest in point of date is entitled to priority of payment ; because the last loan furnished the means of preserving the ship, and without it, the former lenders would have lost their loans. Sometimes the value of ship and freight, supposing her to arrive safely at her port of destination, may be insufficient security for the amount of necessary repairs. In such a case, the master, if he cannot otherwise obtain money, may sell apart of not, provided they are his authorized agents, will bind both him and his owners, as it resjiects merchants, who are misled by such representations. And the owner is bound by the represent¬ ations made by the-master, although without authority, when third persons are thereby injured or deceived. The master to be sure, in such case, is answerable to the own¬ ers, but the public have nothing to do with that question. ' If there is a dispute about the quantity, or the condition, of the goods, or if the con¬ tents of casks or bales are unknown, the words of the bill of lading should be varied accordingly. By the French ordinance, it is required, that bills of lading should contain the quantity and marks of the merchandize, the name of the merchant who loads them, and of the person to whom they are to be delivered, the plans of departure, and des¬ tination, the names of the master, and the ship, and the price of the freight; It is ob¬ vious that the quality, and frequently the quantity, of the goods must be unknown to the master -and the commentator upon the ordinance informs us, that by the quali¬ ty, the exterior and apparent quality only is meant ; and further, that it is usual for the master to insert words denoting that the quality and quantity are only according to the representation of the merchant ; of which practice he approves, and mentions two disputes decided in favor of the master in consequence of this precaution. If goods are put on board a ship, without the knowledge or e-onsent of the master, there is no contract for their conveyance ; but nevertheless, the master, upon delivery of them, will be entitled to the usual freight. 262 GENERAL DUTIES OF MASTER AND OWNERS IN CON¬ TRACTS TO CONVJEY MERCHANDISE. It is the duty of the owner, when he charters his ship, or puts her up for freight, to see that she is in a suitable condition to transport her cargo with safety ; and he is to keep her in that condition during the voyage, unless prevented by the dangers of the seas, or unavoidable accidents. If the goods are lost by reason of any defect in the vessel, whether ajjparent or hidden, whether known or unknown, the owner is accoun¬ table to the freighter ; .because there is an implied contract that the vessel shall be fit for the use in which he employs her. This principle governs in all charter-parties, as well as in policies of insurance, and in contracts of affi eightment. If, therefore, dur¬ ing the voyage, the ship meets with an afccident, it is the duty of the owner to see that she is put into complete repair, at the next convenient port ; for if he does not, he must abide the loss; for it is of the essence of the contract, that his vessel shall be able to receive, retain, and transport her cargo. It may be noticed here, that there is an English case, where a common carrier had given notice that " he woujd not be accountable for goods to the value of more than I'SOO, (if lost,) unless insured, and paid for at the time of delivery, and demanded in one month after such damage had been sustained.". The validity of such notice was questioned, as contrary to the policy of the common law,.which has made common carriers answerable for all losses, except those occasioned by the act of God, or of the king's enemies ;—and the court, in giving judgment,, declared, that considering the length of time, during which, and the extent and universality in which, the practice of making such special acceptances of goods for carriage, by land, and by water, had prevailed in the kingdom, under the observation, and with the allowance of courts of justice, and with the sanction also, and countenance, of the legislature, which is known to have rejected a hilf brought in for the purpose of narrowing the responsibility of cairiers, in-certain cases, on the ground that carriers might limit their responsibility by special contract ; and considering that there is no case in the books, in which the right of a carrier thus to limit his responsibility has ever been, by express decision de¬ nied, they could not do otherwise than sustain such right in the present instance, how¬ ever-liable to be abused, and productive of inconvenience it might be, leaving the le¬ gislature to remedy the evil when it should be required. No American case to this point is known,—and no practice of common carriers giving similar notice is known to exist among us, of course the Special reasons assigned, as having some operation in the minds of the Court, in that case, have had no existence among us. Another English principle having some bearing upon this subject, seems to be more clear. Where a common carrier gives notice to his customers, that he will not be accountable for any parcel of more than £5 .value, unless entered as such, and paid for accordingly : if a parcel be sent, above that value, without being entered, and paid for as such, and it be lost, the owner of it cannot recover any thing of thé carrier. Not only must the ship and her furniture be sufficient for the voyage, but she must also be furnished with an adequate number of persons, of competent skill and ability, to navigate her. For Bailing down rivers, into, and out of, harbors, or^through roads, &;c. where law or usage requires it, a pilot must be taken on board. This has been recognized in American courts also. The manner of taking goods on board, and the commencement of the master's du¬ ty in this respect, depend upon the custom of the place. More or less is to be done by warfingers and lightermen, according to usage. It the master receive goods at the quay, or beach, or send his boat for them, his responsibility commences with the rer^ ceipt. Responsibility may depend, in some measure, and be modified in some respects, ' by the custom of a particular place. As soon as any goods are put on board, the â63 master must provide a sufBcient number of persons to protect them ; for en if the crew he overpowered by a superior force, and the goods stolen while the ship is in a port, or river, within the body of a county, the master and owners will be responsible for the loss, although they have not been guilty of any fraud or fault. The law holds them responsible from reasons of public policy, and to prevent the coinbinations, which itii°-ht otherwise be made, with thieves and robbers. In all cases, it is the duly of the master to provide ropes, 8fc. proper for the actual reception of the goods into the ship. And if a cask be accidentally staven, in letting it down into the hold, the master must answer for the loss. The-ship must also be furnished with proper dun¬ nage to préserve the cargo from effects of leakage, according to its nature and quality. And care must be taken, by the master, (unless this business, by usage, or by agree¬ ment it is to be performed by the merchant) so to stow and arrange the different arti¬ cles of which the cargo consists, that they may not be injured by each other, or by tlie motion, or leakage of the ship. And more must not 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, may be liable to forfeiture, or detention. But, according to a New York case, admitting that the master shall not take on board contraband goods, without the leave of his owner, yet it may be a question, how far the owner would be liable to a shipper, when contra¬ band goods were put on board, with the owiiei-^s consent, and in consequence ihs inno¬ cent goods of a shipper are captured, detained or^condemned. A policy was under¬ written upon all lawjul goods on board a ship. The court held that contraband goods were lawful goods, and that the fact of such goods being the goods insurred need not be disclosed to the underwriter. Judge Kent said, that contraband goods were lawful good's, and that whatever is not prohibited to be exported by the positive law of the country is lawful. It may be said that the law of nations is part of the municipal law of the land, and that, by that law contraband trade is prohibited to neutrals, and consequently unlawful. This reasoning is not destitute of force ; but the fact is, that the law of nations does not declare the trade unlawful. It only authorizes the seizure of the contraband articles, by the belligerent powers-; and this it does from necessity. A neutral nation has nothing to do witb the war, and is under no moral obligation to abandon, or abridge its trade ; and yet at the sapie time, from the law of necessity# the powers at war have a right to seize, and confiscate, the contraband goods ; and tbis they may do from a principle of self defence. But the right of the hostile pow¬ er to seize, does not destroy the right of the neutral power to export, or transport. They are rights which may sometimes reciprocally clash, and injure each other; but this collission is the offect of inevitable necessity, and the neutral has no just right to complain. A trade by a neutral therefore, in articles contraband of war, is a lawful trade, though a trade, from necessity, subject to inconvenience and loss. The same question may be made, as to how far a neutral owner, who transports property of a bel¬ ligerent in his ship, is liable to a shipper of innocent goods, which are captured, and detained, in consequence thereof. In England, the Court of King's bench held, that an insurance on neutral goods, on board a ship which bad enemies property on board, was valid. The ship was bound from New York to Havre de Grace, and was captur¬ ed and carried into England. Lord Ellenborough said " the American was at liberty to pursue his commerce with France, and to be a carrier of goods for French" sub¬ jects ; at the risk indeed, of having his voyage interrupted by the goods being seized, of of the vessel itself, on board of which they were, being detained, or brought into British ports, for the purpose of search ; but the mere act of carrying such "enemies' goods on board his vessel constituted no violation of neutrality on the part of the American ; nor did the arrest, and detention, of his vessel, for the purpose of search tai and eventual condemnation of the goods, which might be found belonging to an ene¬ my, from any breach of our duty towards the American. The indemnity sought un¬ der this policy is not an indemnity to an enemy, or a neutral forfeiting his neutrality by an act, hostility done by him, against the interests of Great Britain ; but an indemnity to a neutral, as such, against the consequences of an act, innocently and allowably done by him, in the exercise of his own neutral rights ; and as innocently and allowably, to a certain degree, controlled and interrupted on our part. These rights, though they are, in a degree, adverse to each other, do not therefore, in the exercise of them, nec¬ essarily place either party in the situation of an enemy to the other." Contraband goods, found on board of a ship, are liable to condemnation; but do not affect innocent goods, unless belonging to the same owner. And if the ship be¬ long to the same owner, she will be liable to condemnation. But if the goods belong to a part owner, then only his pari ax'iW be condemned. Articles of a civil or doubtful nature, may, from the nature of their destination,,become contraband ;—as if they are bound to a port of naval or military equipment. So, if a ship have contraband goods on board, with false papers, or a false destination, she will be subject to condemna¬ tion.- The master must not take on board any false, t)r colourable papers, which may subject the ship to capture or detention ; and he must procure, and keep on board, all the papers and documents required -for the manifestation and protection of the ship and cargo, by the law of the countries from, and to, which the ship is bound ; and, by the law of nations in general, and treaties between particular States ;—and it is necessar)', that all the documents should be correctly and legally framed, otherwise the owner, and the freighter, may be subjected to great losses. Very great care should be taken con¬ cerning this, as insurance may be defeated in consequence of want of accuracy, and vessel and cargo may be put in danger of loss. Höhere, by the terms of a charter-party, a number of days is appointed for the lading Sf the cargo, either generally,and without particular paytiient, on that particular account, by the merchant, or by way of demurrage, the master must not sail befóte the time ; but he is not bound to wait bej'ond the time for a cargo, because the owner will not be entitled to demurrage, unless that is specially stipulated. As to the Commencement of the voyage the master must forthwith obtain the ne¬ cessary clearances or permission to sail, from officers of the customs, and others ap¬ pointed for that purpose, and commence his voyage without delay, as soon as the weather is favorable, but he must, on no account, sail out during tempestuous weather. Convoy.—If there has been an undertaking, or warranty, to sail with convoy, the vessel must repair to the place of rendezvous for that purpose, and the master must put himseK under the protection and control of the ships of war, appointed under the authority of government for the guard of merchantmen, bound to the place of his des¬ tination. A warranty of this sort, not complied with, vacates a policy of insurance, so that the underwriters would.not be answerable for a loss, happening by tempest, or other accident, wholly independent of the subject of the warranty, for which they would otherwise be liable. But if the warranty be made, by the master, or owner, with the merchant, and not complied with, the master or owner may be liable for a loss hap¬ pening by tempest, or other accident, for which, otherwise, the master or owner would not be liable. The merchant, having trusted to this warranty of the masfer or owner, and in confidence of its performance, made a similar warranty in his contract with the underwriter, and having lost the benefit of his insurance, by the breach of the warranty, on the part of the master and owner, has a right to an indemnity from them. The convoy must be a ship, or ships of war, appointed under the authority of gov¬ ernment, that is, immediately by the government, or by the commander in chief of a particular station. The protection of a ship of war, accidentally bound on the same voyage, although discharging the office of convoy, is not a convoy within the meaning of the warranty. But warranty to sail with convoy does not mean tlis departing with convoy, im-' mediately from the lading port, but only from tlie place of rendezvous appointed for vessels bound from that port. Neither does it require the vessel to sail with convoy bound to the precise place of destination ; but if the vessel sails with the only convoy' appointed for vessels going to her place o( destination, it is sufBcient. It may sometimes happen, that the force first appointed," is to accompany the shipä only flir a part of tbeii voyage, and to be succeeded by another ; at other times, a small force is detached from ti¡e main body to bring them up to a particular point.—'if the vessel sail under the pi'otection of the force thus appointed or detached, the warranty is satisfied. But this warranty requires, not only that the vessel shall commence the voyaige under the protection of the convoy, but also that she shall continue, during its course, under the same protection, uidess prevented from so doing by tempest, or othei unavoidable accident, in which cases the master and owners will be excused, if thö master does all in bis [¡nwer to keep the benefit of the convoy. Neither is it sufficient that the master sail in company with the convoying ships, but he must, before the departure, obtain, or at least use all due diligence to obtain, the sailing instructions, and orders delivered out by the coiumander of the convoy to the masters of the trading vessels, that are to sail under his protection. The master must put his ship under the control of the convoy, as the protection pected from it, depends, in a great measure, upon that control. But this control doèâ not commence until sailing instiuctions have been obtained, nor can it be enforced otherwise than by means of these instructions. Indeed, the master cannot have thé benefit of the convoy, if he has not the instructions, by observance of which, that ben-« efit is to be secured j and these, it is obvious, the master should have at the beginning of the voyage. Jls to the course of the voyage, the master, having commenced, must proceed to thö place of destination, without stopping at any intermediate port, or deviating from the straight and shortest eoui'se, unless such stopping or deviation is necessary to repair thö ship irom the effects of accident or tempest, or to avoid enemies or pirates, by whom hö has good reason to expect he shall be attacked if he proceeds in the ordinary track, and when he has good reason to hope he shall escape by delay or deviation ; or unless thö ship sail to places resorted- to, in long voyages, for a supply of water or provisions, by common and established usage. It has been held, that under an authority to go frorrt New York to Barbadoes, and a market, that the master has authority to go bona fide from island to islapd, in the West Indies, until he has sold the whole of his cargo. He may sell part at one port, and part at another, until all is sold. It seems, that a stop-« ping to relieve a ship in distress, is not a deviation, and will not discharge an under-« writer ; for if it would, no master would be justified in using an exertion to save a vessel from the most imminent danger of perisiiing. And if the ship has the misfortune to meet with pirates, or enemies, the master must perform the part of a valiant man, and make the best resistance, which the comparative strenirth of his ship and crew will allow. If the ship be driven into a port, out of the course of the voyage, by tempest ; or thö master sail tliither, for any of the before mentioned reasons, he must wait no longer than-the necessity requires, but sail without delay, and for that purpose supply his ship with the requisite necessaries or repairs as expeditiously as he can. It seems that, in such casç, the ship may receive goods on board upon freight, at thö port of necessity, if it be done without deviation, or delay, or otherivise increasing the risk of the insurers. Therefore, where a ship and freight were insured, from a port in Spain to London, with leave to touch and stay at any port or place whatever; and the ship was obliged to put into Gibraltar, and while she lay there, the master took orí board some chests of dollars on freight ; but the voyage appeared not to haVe beefl eee dclnyed tliereby ; and the ship was afteiwards lost, on her homeward voyage,—tlie Court held, that the trading at Gibraltar did not avoid tiie policy. Lord Ellen- borough sail!, that he avoided giving any opinion as to the opcnnion of a change of cargo, in the case of a policy on gnf)ds ; because lite itd-cins: in other goods, in the course of one entire voyage, where it is not provided for, may he coutiaided to eonsii- tute a diffeieiit adventure irom that on wiiich the shi|> started with Iter oriïinal cargo. Lord Kenyon held, that uiifier a policy on ship, "with lihuiy to touch and stay at any port or ports, without prejudice," tiie insured has no right to break hulk, in any port to vtdiich the ship is driven by necessity ; if he does, the policy is void. ' But Law¬ rence Judge, in a later case, said he dotibied the soiuidness of this; but all the Court agreed, that nothing woidd justify the taking in an*y cargo, in the ccMirse of the voyage, which would incieäse the risk of tiie underwriter. And in a policy on a ship at and from Guernsey to London, with liberty to touch and discharge goods at Lishf)n, Ijoid Ellenhorough was of opinion, that this did not authorize the insured to take in cargo at Lisbon, for the liberty was to discharge only, and the taking in cargo, was a new atlventnre ; and fmiher, that a clause in the policy to return premium, if the biii[i sailed from Lisbon with convoy, did not help the case. If, bp reason of damage done to the ship, or throvgh ivant of necessary materials, she cannot be repaired at all, or not vviihoul very great loss of li nc, the inastt r is at liberty to procure another ship to transpon the carao to its place of destinai! m. But if his own Ehi|i can be repaired, he is not bovnd to do it ; hut may detain it till the re¬ pairs are made, and even hypothecate it for the expense of them ;—that is, supposing it not to be of a perishable nature; if it he, he ought to tranship, or sell it, according as one or the other will he'most heneñcial to tiie nierchant. So, if the ship has been wrecked, and the cargo saved. And if, on the high seas, the ship he in imminent danger of sinking, and another ship, apparently of svfficient ability, he passing by, the master may remove the cargo into siicli ship ; and iillhoiigli Iiis own ship outlive ilie storm, and the other perish with the cargo, he will not he answerable for the loss. But tiie master has no general autliority to sell the cargo, where the ship is disabled Irom completing her voyage ; and liioiigh he obtain an order of a Vice Admiralty Court for a sale, it will still he considered a tortious act in liirn. MoVeover, the master, dining the voytige, must take ail possible care of the cargo, and although he is not resjionsihle for iiijniy done by tempest, or other accidents, yet where rats occasion a leak in a vessel, whereby the goods were spoiled, the master was held responsible for the damage, I'lOtwithslanding the crew afterwards, by pumping. Sic., did all they could to preserve tiie cargf) from injury ; because he was gnihy of a fault. If he had had cats on hoard, he would have been excused. This rule, and the exception to it, tlinuïh somewhat ludicrous, furnishes a good ilinslration of the general principle, by vvliich the master and owners are responsible for every injury, which might have been prevented by human foresigiil or care. So where, in a voyage from Hull to Gainshoroiigh, a vessel wn.s sunk in the river Trent, by striking against the anchor of another, wliich atn hor lay under water, and without a buoy, whereby some goods in tlie former were injured, the owners ol the fii St vessel were held answerahie for the injuiy. In this case, the masters o( both ships were considered guilty of negligence, the one in leaving Iiis anchor without a buoy, the other in not avoidiitg it, as when he saw tiie vessel in the river, he must have known there was an anchor near at hand.— Or il it he taken, that the negligence was only iinpntahle to him, wh.o had left the anchor w ithout a hiioy ; then, he was an¬ swerable over to the master and owners of the vessel, wIiosp cargo had been injured. If the master, being compelled to lake refuge in a foreign port, during liie course ol his voyage, has occasion for money, for repairs, or otiier necessaries, to enable him to complete the voyage, and cannot otherwise conveniently obtain it, he may 207 either hypothecate the whole cargo, or sell a part of it for this purpose ; and in tha latter case, if the ship reacii the place of destination, the merchant will clearly be en¬ titled to receive the clear value for which the goods might have heen sold at that place; and according to the better opinion, (fir the ancient ordinances do not agree, upon the point,) the money is payable only in case ol the sale aniv.il of the sliip. And this seems the m ae reasonable, as the merchant is not thereby placed in a worse sitnatioii than if h.is goods had not been sof f, but h ad rem liiied on board. Tliat this question has not been known to atase, either in E igjaiid, or in the United States, seems a confit iriation ol'the 0|)inion which is here adopted. hi case of capture din ing the voyage, the duly of the master does not cease. He oui^ht to contribute his exertions to rescue the piaiperty from condemnation, by inter¬ posing a claim, and exhibiting, in support of it, tiie documents with which he lias been furnished, for the protection of the cargo. And if, by negligence in the perfortnance of this duty, the proprietor of the goods sustain damage, the master is, and ought tobe, accountable, to the extent of the damage. Bat if he be not negligent, and act with good faith, he shall be protected, even tiiongli the condemnation ol the goods shall a()|'ear to have been made in consequence of a mistake made by him in his answer to admiralty interrogatories. In an action against the master for damages for the loss of cochineal, rvhere it appeared tii it the ship was a general ship, b luiid /rom New Or¬ leans to New York, and the plaintiff hail shipped the cochineal on board, and the de¬ fendant had signed hills of lading for it—one of vvhiclf he kejit, with the customary proofs of neutral property, and the ship, during the voyage, was captured by the Bi itisli, and tlieca|)tois took away all the pajiers relative to the ship and cargo, and li.helled her in the admiralty, as Sjianish property. The master put in an answer, and claim, under oath ; and in answer to interrogatoi ies, staled, that ho had not signed any bill of lading for the cochineal, and did not know to whom it belonged, bni that it was paid for by, and delivered to, a passenger. The cochineal was condemned, ihotigh the ship, and most ol the cargo were cleared, as neutral property. The jndse, who tried the case, left it with the jury to say, whether the master had been guilty of any liaudnlent intent or not. If so, that they should find for the plainiiff; but if they were of opinion that the loss had liap|)ened through mere forgeifd.iess, mistake, or nnintenlional default on his part, they ought to find for the defendant. Tlia jury found for the delendant, and the (nil court afterwards declared, tliat the judge's direction was correct, and th.it tha masti r might h tve forgotten that he had signed the bill of lading, and his answer did not jnstily the i ondemnation. The duty of a master to his owners, does not oblige hitn to violate the good faith, even of an enemy, in order to preserve his ship, nor to employ fraud, in order to effect that object. At the completion of the voyage, the master must tiike care that the siiip be safely moored or anchored, and, wiihoiit delay, deliver the cargo to the merchant or his con¬ signees, upon the production of bills ol lading, and payment of the freigilt, and other chaiges, due in respect ol it. But there are exceptions to this general rule, arising out of the power of the consignor to counierinand the delivery, and stop the goods before they come to the possession of the consignee ; but this will be separately considered hereafter under the head ol stoppage in transitu. If, by the terms of the charter-party, a particular number ol days is ap|)ointed lor the delivery, either generally, or by way of demurrage, lie must wait tiie appointed time for that |)nrpose. These charges are, in ordinary cases, primage, and the usual petty average, as expressed in the bill of lading. In case of any loss that became the subject of general average, the civil law imposed upon the master the duty oí adjusting, and settling such average, and obtaining, froni the owners ol the cargo saved, the, sums to be paid as a contribution to the loss ; and allowed iiini to detain ihe.caigo for that purpose. This power of retaining the cargo, 268 is also given by the laws of Oleron, and by the Fj ench ordinance. It is said to be the practice in England, in tlie case of a general ship, for the master to take security from the merchants, before he delivers the goods, fur the payment of their shares of this contribution when the average sliall be adjusted, it is not known that there are aiiy United States cases upon this point. The cargo is bound to the ship, and the ship to the cargo; and therefore, unless there is a stipulation to the contrary, the master is not absolutely bound to part with the possession of any portion of the cargo until the freight and other charges, due in respect of such portion, are paid. It has been held, that the master may "detain any part of the merchandize for the freight of all merchandize consigned to the same per¬ son. There are different rules and usages upon this subject, in different countries, which vary the manner in which the master may seize and detain ¡roods for the payment of freight and charges. In England, the practice is to send, the goods to a wliarf, and order the wharfinger not to part with-them until the freight and other charges are paid, if the master is doubtful of the payment. And, by the law of England, if the master once parts with the possession out of the hands ol himself and his agents, he loses his lien or hold upon the good.s, and cannot afterwards reclaim them. liy the French ordinance, the lien continues while the goods are on board, in the lighters, or on the quay, and for two weeks after they have been delivered, provided they have not, in the mean time, passed into the hands of a third person; If the master deliver part of the goods to the consignee, he may retain the residue, even against a purchaser, until freight is paid for the whole. But if the goods are sold to different persons by the consignee, and part delivered, the tnasier cannot have a lien upon the residue, so as to compel one of the purchasers to pay I'reight for what has been delivered to another; but only for what had been purchased by himself. The master should therefore be carefid how he delivers a ¡tart, without having the whole freight secure. Jl hostile embargo, under which [tossession o( the goods is taken by government, defeats the lien of the master upon the goods. The manner of delivering the goods, Vioá consequently the period at which the responsibility of the master and owners will cease, depend upon the custom of particular places, and the usages of par- tictdar trades; of all which the master should make himself acquainted, according to his best opportunities. \ CAUSES WHICH EXCUSE THE MASTER AND OWNERS, The Bill of Lading, stipulates for the safe delivery of goods, in like good order and condition as when shipped, the dangers of the seas excepted ; which is the only excep¬ tion contained in it. These words certainly denote the natural accidents (teculiar to that element; and in no more than one instance have they been held to extend to an event not attributable to natural causes. But in consequence of that decision, the En¬ glish ship owners took an alarm, altered the form, and made the exception in the fol¬ lowing words, " the act of God, the king's enemies, fire, and all and every other dan¬ gers and accidents of the seas, rivers and navigation, of whatever nature and kind soever excepted." The case which excited so much alarm in the English ship own¬ ers, was as I'ollows. An action was brought by a mercliant, whose goods were wet and spoiled, against the master of a vessel, navigating the rivers Ouse and llumber, Irotn Selby to Hull. On the trial, it appeared, that at the entrance of the harbour at Hull, there was a bank, at which vessels used to lio-in safely, but of which a part had been swept away by a great flood, some short time before the misfortune in question, so that it had become perlcctly stccji, instead of shelving towards the river; lint, a few days after this flood, a vessel sunk by getting on this bank, and her niast, which was carried away, was suffered to float in the river, tied to some part of the vessel. And the de- 269 íendant, upon sailing up the river, struck against the mast, which, giving way, forced the defendant's vessel towards the bank, where she struck, and would have remained safe, had the bank been in its former situation; but, on the ebbing of the tide, her stem sunk into the water, and the goods were spoiled. Upon which the defendarit tendered evidence to show, that there had been no negligence ; and contended, jhat it was the act of God, by which no man could be made accountable. The Court rejected this evidence as of no weight; and farther decided, that the act of God, which could excuse the defendant, must be immediate; but that this was too remote, and directed the jury to find a verdict for the plaintiff; and the Court of King's bench afterwards decided, that the Court's opinion in this case was correct. There does not appear to have existed in this case, any bill of lading, or other instrument oi contract. The ques¬ tion therefore rested upon general principles. Probably most, if not all, the English bills of lading are in the new form above mentioned, and not in the older form, " the dangers of the seas excepted." The modern English form does not yet appear to have furnished matter for judicial determination, and cases under it must be rare. In the United States, the usual bill of lading is in tlie old form, and as such, we shall here consider the meaning of the phrase joerr/s of the seas. Dangers of the seas.—About the end of the reign of Charles I. an action upon a chartei-party,, which contained an exception oiperils of the seas, was settled upon the naked, law question, whether " the taking of the ship by hostile persons unknown, armed in a warlike manner," was within the meaning of ihe words, perils of the seas. Tlie Court, after examining several merchants upon the meaning of the words, as es¬ tablished by usage among them, decided, in confoimity with such usage, tiiat such tak¬ ing ol the sliip was one of the perils of the seas. Loid Kenyon helil, that the question, whether any particular loss came within the descii[nion oi a loss by the dangers of the seas, was purely a matter of fact, to be set¬ tled by a jury. This was an action brought against the owner of a ship, for not con¬ veying goods ; and it appeared, that the ship was run down, in day-light, and not in a tem|)est, by one of two other ships, which were sailing in an opposite direction to her, both ol which kept to windward, as did also the defendant's ship ; but it was matter of so much doubt, whether the master of the defendant's ship ought to have understood the course, which tiie others would pursue, and have borne to leeward to avoid them, that no blame was considered imputable to liitri for not having done so, nor was any fault attributable to the persons, wdio had the conduct of either of the othei ships, This loss was therefore held to have happened by a peril of the seas. But not every loss, proceeding from natural causes, is to be considered as happening by a peril oj the sea. II a ship perish in consequence of striking a rock or shoal, the circumstances under which it takes place, must be ascertained, in order to decide whether it be a peril of the sea, ora fault of the master. If the situation of the rock is generally known, and the sliip not forced upon it by adverse winds, or tempest, the loss is to be imputed to the laidt of the master. On the other hand, if a ship is forced upon such a rock by adverse winds, or tempest, or if the shoal was occasioned by a sudden and recent collection of sand, in a place where, before, ships could sail in saiety, die loss is to be attributed to the act of God, or a peril of the sea. In the case which excited so much the alarm of English ship owners, and which led to their new form of bills oi lading. Lord Kenyon said, that if an earthquake had removed the bank, at the time ol the accident, the master would have been excused. . If a vessel, reasonably sufficient Jor the voyage, is lost by a peril of the sea, the mer¬ chant cannot charge the owners by shewing that a stouter ship would have outlived the peril. From the preceding observations and authorities, it is obvious, that neither the mas¬ ter nor owners, can be answerable for a loss happening by lightning ; yet upon the «70 principles whereon tlie dicisions are founded, they must be answerable for a loss by fire, proceeding from any other cause, vviiether originally commenciní; in their own ship, or comnninicated to it from another. But in England, a Statute was pissed in 1786, wiiich protects tiio ownci s of ships against any loss liappening to gooiis by re ison oí any fiie happening to, or on boai d tiie ship, in this statute, wiTich we are carelhliy to notice, is an E iglisli statute, passed since the American Independence, and sinco the peace which followed it, the mister is not maniioned, but the Eaglisir modern bill of lading has removed his liability also. GENERAL DUTIES OF THE MERCHANT OR FREIGHT- ER. The merchant must not lade any prohibited, or uncustomed goods, by which the ship may be subjected to detention or forleiture. Where goods were clandestinely shijtped on hoard an American ship, bound from New York to Scotland, which goods were prohibited by the laws of Gieat Britain, lio¡n being i;n])orted into that country ; and in consequence thereof, the ship was seized, and the master was compelled to pay a large sum of money for her release—the Court, in New Yoi k, held an action against the merchant, for the damages, sustainable; although it was contended, that no country takes cognizance of the municipal laws of another country; ami that the lading of such goods here was lawful, and therefore not wrongful. In general, even in the case of affreigtment by charter-party, the command of the ship is reserved to the owners, or the master appointed by them; and therefore the merchant has not the power, or opportunity, oí detaining the ship beyond the stipiilated time, or employing her in any other than tiie sti|)ulated service. It may, however, be otherwise, according to the contract of the parties. Ships chartered to the English East India company are under regulations peculiar to that corporation, wlficlt need not be enumerated here. If a merchant, who has taken a ship to freight, declines to load her in pursuance af his agreement ; or who, before the commencement, or during the course oí the voyage, withdraws his goods from the ship ; or who has hired a ship to go to a distant port, and engaged to furnish a carzo liomeward, fails so to do ;—in all ihese cases, the mer¬ chant shall be answerable for dam ages, to be estimated by a jury, upon a consideration of all the circumstances, and the real injury, if the paities cannot settle it themselves. No positive rules as to the damages recoverable, in either of these cases, can be laid down. Each case must rest upon its own circumstanres. By the bill of lading, the master umlertakes to deliver the goods upon payment of freiiiht, vvith primage, and average accustomed. The word primage denotes a small payment to the master for his care and trouble, which he is to receive to his own use, unless he has otherwise agreed with his owners. This is variously,regulated in différent voyages and trades. It is sometimes called the master's hat money. The word average here denotes several petty charges, which are to be borne paitly by the ship, and partly by the cargo ;—^Snch as the expense oí bea¬ conage, towing, &ic. These depend upon usage, 'fhis, and the pi eceding article of primage, are sometimes commuted for a specific sum, or a certain per centage on the freight. , _ Co'nnected with this subject, it may not he improper to mention, the duty of a mer¬ chant, who ships goods for the account of, and consigned to, another person. He should give notice of the shipment by a letter of advice, lest the consignee should lose an 0|)portunitv to insure them. This rule, however, naay be controlled by the course oí dealing between the parties. Should the master of a ship, irom necessity, be obliged to tranship his cargo, it would be his duty to give notice to the owners, for the same reason, as well as on account of his ordinary duty. «71" PAYMENT OF FREIGHT. The contrnct for the conveyance of merclianrlize is, in its nature, an en'tVe contract; anri unless it be coninietely performed, by the delivery of the goods, at the place of desiinati.m, the merciiant will, in general, derive no benefit from the time and labor of a partial conveyance; and conseqnently_snbject to no payment, though the ship may have been hired by the month or week. And it has been ruled by the Supreme Ju¬ dicial Coitrt of Massachusetts, that although the master has a lien itp )n the goods for the freitrht, yet that an action cannot be maintained for the freight until the goods are de¬ livered. But in some caaes, the whole freight becomes due, although the cargo has not been carried to the port of destination. It has been decided in an Admiralty court, in a case of capture, that if the ship be carried into |K)rt, and tite cargo taken out by order of the coitrt of Admiralty, the master is not compellable to reload it, and carry it to the port of destination, although both the ship and cargo arc cleared. For a sep¬ aration has takeit place between the ship and cargo, and the contract, in sttch case, is held to have ceased. At the moment of se|)aration, the s'lip acquires a right to pro¬ ceed where the master pleases ;—and the contract, being once dissolved, cannot be revived. . The cases in which a partial payment affreight may he claimel, are excP|itions to the general t itle, founded upon principles of equity and justice, as applicable to par¬ ticular circitmstances. Jin interruption of the regular course of the voyage, happening without the fault of the owner, does not deprive him of his freight, if the ship afterwards proceed with the cargo to the place of destination ;—as in the case of capture and recapture. In such a case there will be a deduction for salvage; And if the ship, in such case, were hired by the week, or month, it seems by analogy to the case of wages, that tlie owner would be entitled to recover freight during the detetition ; lor it has been adjudged that mariners' wages, during such detention, are recoveraltle. And in Case a ship in the course of the voyage, becomes disabled, and is obliged to pitt into port to repair, it seems that, il the freight be (tayable monthly, or weekly, the owner is entitled to re¬ cover freight for the time of detention, notwithstanding the owner lias contracted to keep the ship tight, and in good repair, ditring the voyage. But if there sliould be de¬ lay, or neglect, oti his part, the case might be varied. But though the delivery of goods at the place of destination, is, in general, neces¬ sary to entitle the owner to freight, yet, with respect to living animals, whether tnen or cattle, which may frequently die (luring the voyage, without any fault, or neglect, of the persons belonging to the ship, it is said, that if there be no express agreement, whether the freiglii is t ) be paid for the lading, or for the transporting them, freight shall be paid, as well for the dead as for the living. If the agreement be to pay freight for the lading them, their death certainly cannot deprive the owner of the freight ; but if the agreement be to pay for transporting thetn, then no freight is due for those that die on the voayge. M'hether money advanced for freight is to be recovered hack, in case the s:oods are not transported, does not sei^m to be clearly settled, if we take all the cases in die books into consideration, for opinions have been sotnewhnt at variance—the better opinion seems to be, that if it is paid for lading, the goods for transportation, (and some deny that thisjs, properly speaking, freight,) it is not recoverable back in any case; but freight, iti strict propriety, perhaps,tnay be confined to the compensation for transporting goods, and if the contract is for transporiing,.then if the ship fails to transport thetn, the money paid in advance is, in law, recoverable back, as being paid for a considera¬ tion which has happened to fail. '¿72 If freight, or passage money, is advanced, and the party is guilty of any neglect or delay, he is not entitled to a return, though he has not received the benefit of the con¬ tract. If a pregnant woman is delivered during the voyage, no freight is due for the infant. When goods are sent in a general ship, in a contract to pay "for the lading of goods to be transported, the amount of freiglit is either settled between the parties, or by tbe usage of trade. In the case of a ciiarter-party, if the stipulated payment is a gross sum, for the entire ship, or an entire part of a ship, for tbe whole voyage, the gross sum will be payable, although the merchant have not iully laden the ship. If the master,' in consideration of freight, to be paid him at a certain rate per ton, &;c., agrees to take a complete cargo, and proceed to the port of delivery, he will be liable for damages if he loads a short cargo only, but he may nevertheless recover freight for the short cargo.. And if a merchant send the vessel of another, for a cargo, to a destined port, and ob¬ tains none, he who hired the ship must pay, " empty, or full." In the cases just mentioned, the owners take upon themselves the chance of a long or a short voyage ; but if the inerchant stipulate to pay by the month, or by the week, the risk of the duration falls upon him ; and if no tinje be fixed for its commencement, it will begin from the day of the ship's breaking ground, and commencing the voyage, and will continue during its whole course, and during all unavoidable delays, not oc¬ casioned by capture, or by such circumstances as give rise to the general average—■ of which diereafter. In all mercantile contracts a month is to be understood a calendar, and not a lunar month.. If there are express stipulations as to the payment affreight, the contract is to be gov¬ erned by them. If tliere are none, the master may retain the goods till the freight is paid ;—and if, by Custom-House regulations, goods are to be landed, and put into ware-houses of the king, or government, if the duties are not paid, the master may enter them in his own name-, and thereby preserve his lien on the goods for the freight. And it has been adjudged in New York, that if the master, in the course of the vo^-age. is compelled to pay duties, in order to obtain a clearance of his cargo on freiïht, he may bind the owner of the ship to the payment. Kent, Judge dissented here from the rest of the Court. If a consignee, known as such to the master, sell the goods before they are land¬ ed, he, and not the buyer, is liable to be sued for the freight, although the buyer en¬ ter the goods at the Custom House, in bis own name ;—neither does such an entry of goods, by a person v\ ho is only agent of the consignor, and known to the master tobe acting in that character, render such agent liable for the freight. In some cases freight, or rather an equivalent recompense due to the owners, is to be paid, although the goods have not been delivered at the place of destination; and so the contract for conveyance not strictly performed. As if part of the cargo be thrown overboard, for the necessary preservation of the ship, and the ship afterwards arrive at her destined port, with the remainder of the cargo, the value of this part is to be an¬ swered to the merchant, by way of general average; and the freight of it allowed to the owner, as will be shewn hereafter. So, if the master is obliged, by necessity, to sell part of the cargo, for provisions or repairs of the ship, the owners must pay the merchant the price it would sell for, at the port of destination, and is allowed to charge freiaht, as if it was actually delivered. The French ordinance directs payment of freight in another case, which does not seem to be provided for in any other ordinance ; which is as follows : If it happen that commerce is prohibited with the country to which a ship is in the course of sailing, and the ship is obliged to return, with her lading, there'shall be due only the freight out¬ ward, although the ship be hired out and home. The commentators upon this article «gree, that the freight outward must be paid, if the ship be freighted outward only. And where a ship arrived at her port of destination, but her cargo was prohibited from" entry, an American Court has held, conformably to the doctrine of Valin, and the French ordinance, that freight was earned for the outward voyage. And the Court said, tiiat this was not like the case of a ship prevented from entering a port in conse¬ quence of a blockade, for there the voyage is not performed ; and it is impossible to say, certainly, that it would be safely performed, if there were no blockade. And in case of blockade of the port of destination, no freight would be due. i If, in a time of war, a neutral vessel, carrying goods, helonging to subjects of one of the belligersnt powers, be taken by those of the other, (in which case the goods are law¬ ful prize, but the ship is to be restored,) the captor pays the whole freight, because he represents the enemy, by possessing himself of the enemy's goods, by right of war ; and although the whole freigin has not been earned by the completion of the voyage ; yet, as the captor, by this act of seizure, has prevented its,completion, his seizure shall operate to the same effect as an actual delivery to the .consignee, and subject him to the payment of full freight. This, however, is to be understood of such goods only as a neutral vessel may convey, by the law of nations ; and of a trade ordinarily allowed to the neutral nation, by the government to whose subjects the goods belong. If the goods are contraband by the law of nations, such as naval stores, &lc., no freight is to be paid by the captor; and this, whether the master know of the quality of the goods or not ; for, in a tinie of war, the master is bound to know the contents of his cargo, and cannot be permitted to plead his ignorance of it. Neither, according to English cases, is any freight to be paid by the captor, if the ship is employed in bringing the produce of the colony of a belligerent power to the mother country; and there are several other English cases, in relation to the colonial trade, which grew out of the in¬ cidents of the recent wars, in which Great Britain has been engaged, the correctness of which has been doubted, and as no decisions of our own Courts upon the subject are known, they will not be noticed here. If a ship be taken, and retaken, and carried, by the recaptors, into a port, short of the place of destination, and the ship be there restored, before the cargo is restored, either by reason of some delay of the merchant to claim, or of doubt, or litigation, upon his right, the Court of Admiralty does not require the ship to wait the doubtful event of the claim of the cargo, in order to convey it to the place of destination; but gives the owners the whole freight, subject only to the deduction of salvage ; for the capture is not imputable to the master, and the delay oí restitution of the cargo is im¬ putable to the merchant. If an enemoriunity to purloin goods from the ship, and then pietend that they were cast overboard in the danger. Several corollaries, or inferences have been deduced from the Rhodian rule. Thus, for instance, if in the act of casting out the goods, or in order to accomplish it, other goods in the ship are broken, damaged or destroyed, the value of these, also, must be included in the general contribution. And so held in New York, where it has been declared, that all damage, arising from jettison, or other necessity, is to be contributed for, though it happen to perishable articles, which remain in specie. Therefore if, m cutting away a t8l mast, it be splintered, so that corn, which is part of the cargo, sustain damage, that damage is to be included in the general average. So if, in removing and throwing over any part of the cargo, another part is injured. So ilj to avoid an impending danger, or to repair a damage occasioned by a stornij the ship he compelled to take refuge in a port, to which she was not destined, and into which she cannot enter without taking out part of the cargo ; and the part so taken outj to lighten the ship, happen to be lost in the barges employed to carry it on shore, this loss, also, must be repaired by general average, as it was occasioned by a lâecessary act for the general benefit. But if, after the removal of the goods, the ship, with the remain¬ der of the cargo, should unfortunately perish ; and the goods in the barges be saved, the proprietors of the latter shall not contribute for the loss of the others ; because the safety thereof is not owing to that loss. So if part of the cargo 6e voluntarily, and without fraud, or cowardice, delivered up to a pirate, by way of composition or ransom, to induce him to spare the vessel, and the residue of the goods, (an event highly improbable,) or if a sunt of money be agreed to be paid to a pirate, or enemy, by way of ransom, it seems, that the value of the ransomed must conribute to this loss also. Bat if the enemyj or pirate, having overpowered the, ship, select for himself such parts of the cargo as he pleases, and plunder the ship of them, in this case there shall be no contribution, since the safety of the rest is not occa¬ sioned by their loss. Ransom of any ship, or goods on hoard, in case of capture by an enemy, by a British act of Parliament, passed in 1782, is absolutely prohibited ; and contracts entered intd for that purpose are declared void. We have no such statute ; and the doctrine in out? Courts is not settled. In England, there is a penalty of £500 enacted, for entering into such a contract. Not only may the los» of goods become the subject of contribution; but, in somé cases, the expense incurred in relation to them. Thus, when to repair the damage doné to the ship by tempest, it is necessary to unlade the goods, the expense of ware-housingj and re-siiipping, should be sustained by general contribution ; because all are inter¬ ested in it. The principle of the rule extends to the ship and furniture, as well as goods. Thus the provisions, guns, boats, or other tackle of the ship, and also the goods of the owner, or of the master of the ship, as well as the goods of the merchant, are liable. Eraeri- gon states a remarkable case of a boat. The master of a French vessel, having been pursued several hours by two frigates, and having also his flight intercepted by two other vessels a-head, hoisted his boat into the sea, as soon as it was dark, furnished with a mast and sail, and a lanthorn at the mast-head, aud then changed his course, and sailed the whole night, without any light on board his own ship. In the morning no enemy was in sight. Thus he escaped.—The boat, thus abandoned, was made good by general conti ibution. If sails are blown away, or masts or cables broken, by the violence of the wind, even though they would have been cut away the next instant, for the safety of the whole, yet the loss must fall upon the owner. The broken tools of an artificer bring no charge upon the employer, This has been held to apply to the case of a main-mast, broken in a heavy gale, by carrying an unusual press of sail in order to escape from an enemy, to whom the ship had struck. Bût if the master, compelled by necessity, cut his cable from the anchor, to use it as a hawser, or if he cut away and abandon his masts, sails or cables, to lighten and preserve the ship, the value must bé made good by contribution. So the damage voluntarily done to the ship by cutting her deck or sides, in order to hasten a necessary jettison, or by running her upon a rocki shoal or strand, to avoid the danger of a storm, or of an enemy ; and the expense of recovering the ship in the latter case, and the pilotage, port duties, and other charges incurred by taking a ship into port, to avoid an impending peril p—and the eipenW of assisíance lo preserve and secure the ship from the violence of a storm, at her entrance into the port of destination, are to be sustained by general contribution. Iftheshiphe voluntarily stranded to save the cars^o, the loss of the ship becomes a general average; but where the ship is involuntarily stranded, and part of the cargo saved, and part lost, no general average is due. Einerigon lays down the rule thus : the owner of the ship wrecked, and the owners of the merchandize lost in the shipwreck, have no rigiit to contribution from those, who have the good fortune to save their effects ; because that which the one, and the other has sustained, has not procured the common safety. It is as in the case of a fire, he who saves his own, saves for himself alone. So, after shipwreck, there is no contribution to be made between the goods recovered, and fished up, and those lost; but save who can. If from sea damage, as springing aleak, ^c., a ship is obliged to go into a port to re¬ fit, according to a New York case, the wages and provisions, from the moment of bear¬ ing away to the period of her sailing on her voyage, after refitting, ■constitute a subject of general average ; but Mr. Justice Livingston dissented from this opinion. Judge Davis, of the District Court of Massachusetts, in a case before him, considered the modern and approved doctrine to be, that the bearing away to a port of necessity is for the benefit of the whole concern ; and that the expenses, actually applied to the ship, are to be paid by the owner ; and that all other expenses, incurred thereby, must be the subject of general average. Extra expenses, in consequence of a detention by an embargo, are not the subject of general contribution ;—nor those incurred in consequence of detention by quarantine. Mnd wages and provisions, during a deten tion by embargo, have been held to be charges upon the siiip and freight only. But wages and pro visions during a detention after capture, form a general average. For capture is a disaster, without the fault of the owner of the goods, or of the ship, and by superior force ; and the expenses incurred on account of it, are for the com¬ mon benefit of all. However, where a vessel was captured, and afterwards released, but part of the cargo was condemed in a Court of Admiralty, from which judgment on the cargo an appeal was made, and the master, being unable to procure sureties to pros¬ ecute it, compromised with tiie captors, and paid a ransom, it was decided, that the sum so paid, was not a general average, but must be borne by the cargo alone ; it not having been incurred for the benefit of the ship, freight and cargo, but for the cargo only. Ear additional expense on account of wages and maintenance of the crew, while wait- ing for convoy, general contribution has sometimes been claimed. In the following case it was allowed. A ship freighted from Amsterdam to Cadiz, with a stipulation to sail with convoy, either to Cadiz, or as far as Lisbon. She sailed, under convoy of a man of war, as far as Lisbon, in company with several other vessels. When she came near Lisbon, she fell in with a fleet of privateers, by which some of the other vessels were captured, and the ship in question put into Lisbon, in obedience to a signal from the man of war, and there waited six months, before she could safely proceed to Ca¬ diz. In this case, it is to be noted, the ship put into port, to avoid an extraordinary, and impending peril, and not merely as a matter of general caution, to avoid the ordi¬ nary dangers attending a state of warfare. And the voyage was delayed, not by any accident, but by design to avoid the peril. Where temporal safety only is obtained by the loss,—as, if the ship survive the storm, or escape the enemy, and be afterwards cast away, by another tempest, and goods are saved from the wreck, the clear value of the goods so saved, must be contributary to the original loss ; because, without that loss, even this diminished value would have had no existence. fitcovery of the goods thrown out, if afterwards found.—^Although the abandon- S83 ment of the goods on these occasions is done by the act of man ; yet it is not so far voluntary, as to devest tlie property of the merchant, and give a title to any person, who may find and save them ; but the merchant may reclaim them from the finder, on payment of salvage ; and if the merchant is able to do this, their clear value is to be deducted from the contribution, or paid to the contributors. It has been held, that the niercbant may maintain an action to recover the found goods. Goods, taken by the master, without the freighter''s consent, on board a ship, the whole of which in taken to freight by the merchant, and cast overboard, for the general safety, in a time of danger, it is considered, are not to be made good by general aver¬ age, because they were put on board wrongfully. Goods stowed upon deck, by the French ordinance, and the same rule prevails in Great Britain, and in the United States, are excluded from the benefit of general aver¬ age. The master ought never to stow goods on deck without the consent of the merchant. What articles shall contribute to a general average.—These are all articles of mer¬ chandize conveyed in the ship, for the purposes of traffic, whether belonging to mer¬ chants, passengers, owner, or master, of whatever kind, and however small their weight, in comparison to their value. For the contribution is made, not on account of incum¬ brance to the ship, but of safety obtained. Therefore, bullion and jewels contribute according to their full value. But wearing apparel, jewels, or other things, belonging to the passengers or crew, and taken on board for their private use, and not lor traffic, do not contribute on these occasions. Both the ship and freight gained in the voyage, are now, every where, contributary, although formerly it was not so. But the owners do not contribute for the victuals and ammunition of the ship. In some countries this •is otherwise, and the rule varies. In England, the owners contribute according to the value of the ship at the'end of the voyage, and the clear amount of the freight, or earn¬ ings of the voyage, after deducting the wages of the crew and other expenses. In cases of jettisons the English rule, in respect to the value of ship and freight, prevails in the United States of America,—and where only a pro rata (or proportional) freight has been earned, that, and not the full freight, has been adjudged to be the correct val¬ uation. But in cases of general average on detentions after capture, a different rule has been adopted in New York. It has been apportioned thus, viz : on the cargo, valuetl at first cost, and charges at the port of departure—on the vessel, valued at four-fifths of her actual value at the same place, exclusive of outfits ; and on the Jreight, at one half the gross amount, payable in the event of a successful performance of the voyage. This rule is, in some degree, arbitrary ; but it is considered, on the whole, as equitable as any that can be adopted. But this rule applies only to the case of captures. If a ship be so much disabled by the perils of the seas as to render it necessary to sell her abroad, the amount she actually, and bona fide, so\á for, is the value for which she contributes, on a general average ; and not the four-fifths of her original value, as in the case of capture. The mariners do not contributefor their wages, except in the single instance of the ransom of the ship. In this case, they are required to contribute, to encourage resis¬ tance. In other cases, they are exempted, lest the apprehension of personal loss should restrain them from the execution of measures necessary to general safetv. Mode of contribution. By the Civil Law, the goods cast overboard, were valued only at prime cost. And formerly, in England, this was the practice, if the loss hap¬ pened before the voyage was half performed ; but if afterwards, then to value the goods at the clear price they would have produced at .the port of destination ;—and this pre¬ vails in many places abroad ; but now, in England, the clear value at the place of des¬ tination is, in all cases, adopted, where the average is adjusted after the ship's arrival there. It is otherwise, in case of Insurance. i84 Rule for making up the general average. Let us suppose it to be at the port of destination. First, take an account of tiie several losses, to be made good by contri¬ bution, Secondly, take another account, in value, of all the articles, which are to con¬ tribute rin which must be included the value of the goods, Sic., thrown overboard ; because, otherwise, the proprietors of those goods will receive their full value, and pay nothing towards the loss. Let us then suppose a particular case, and shew the exam¬ ple in figures. Let us suppose, that it became necessary, in the Downs,, to cut the pable of a ship destined for Hull ;—that the ship, afterwards, struck upon the Good¬ win, which compelled the master to cut away his mast, and cast overboard part of the cargo, in doing which, another part was injured, and that the ship, being cleared frotn the sands, was forced to take refuge in Ramsgate harbour, to avoid the further effects of the storip. Amount of losses. £. s.d. Value of articles to contribute. - £ s. d. Goods of A. cast overboard, 500 0 0 Goods of A. cast overboard,) Damage of B.'s goods, by the ) sound value, ) 500 0 0 jettison, ) 200 0 0 do. ofB. deduct, fr'gt &. charges, KiOO 0 0 Freight of goods cast overboard, 100 0 0 Goods of C. ^ 500 0 0 Price of new cable, anchor ) do. of D. 2000 0 0 and mast, ¿£300 > do. of E. 5000 0 0 Deduct one-third, 100 j Value of ship, 2000 0 0 200 0 0 Clear freight, deduct, wages, ) Expense bringing ship off the sands 50 0 0 victuals, &.c. ) 800 0 0 Pilotage, portduiies, going in") and out of the harbour, and I Total of contributory values, 11800 0 0 commission to the agent who made the disbursements, 3 100 0 0 Expenses there, 25 0 0 Adjusting the average, 4 0 0 Portage, 10 0 Total of losses, ¿£1180 0 0 £e £e £ £ ^hen 11800 : 1180 ; ; 100 : 10 Therefore, A.'s loss is 60 00 B.'s 100 00 C.,s 50 00 that is, each person will lose 10 per cent. D.'s loss is 200 00 E.'s 500 00 The owner's, 280 00 " 200 00 980 00 200 00 The sum of all the losses, 1180 00 Upon this calculation, the owners are to lo.'e ¿£280 ; but they are to receive from the contribution ¿£380 to make good their disbursements, and ¿£100 more for the freight of goods thrown overboard, or Ä480 minus ¿£280. They, therefore, a.'e actually to receive ¿£200 0 0 A. is to contribute ¿£50, hut has lost ^500, therefore is to receive 450 0 0 D' is to contribute ¿£100, but has lost ¿£200, therefore B is to receive 100 0 0 Total to be received, 750 0 t/ C. D. tnd £, have lost nothing, and are to pay as above, viz. - C. 50 0 0 D. 200 0 0 E. 500 0 0 Totel to be paid, ¿£760 0 0 SS5 which is exactly equal to the total to be received ; and must be paid by, and to, each person, in rateable proportion, to be ascertained by another calculation, which it is un¬ necessary to state here. In tlie above calculation, the freight of goods thrown overboard is included, which appears to be proper, as tlie freight of these goods is to be paid, and their supposed value is taken, clear of freight and other charges. STOPPAGE IJV TRANSITU. Stoppage in transitu ; that is, stopping the goods siiipped on their passage ; in other words, alter they are shipped, and before they are delivered, is a right which the law gives the consignor in certain cases ;—as where the goods are shipped upon credit, and the consignee has become bankrupt, or failed. In such case, the consignor may, be¬ fore, or at, the arrival of the goods at the place of destination, countermand the delivery, and cause them to be delivered to himself, or some other person for his use. This practice originated in Chancery, but has since been frequently recognized, and carried into effect in courts of law. But this right of stoppage ceases when the goods have been delivered into the actual, or constructive, possession of the consignee. 1st. Let us consider, in what cases, generally, goods may be stopped in transitu. 2nd. Under what circumstances they are deemed in transitu, and where not so deemed. 3rd. By what acts the right of the consignor may be taken away, before the transit, or the time they are delivered. First, the act of stopping is an adverse act of the consignor against the consignee. If the consignee, after an act of bankruptcy, deliver up the bills of lading to another person, upon his undertaking to apply the proceeds of the goods in discharge of bills of exchange drawn for the price, and he, accordingly, receive the goods, he cannot retain them against the ^bankrupt's assignees, although the consigr.or afterwards approve of the arrangement ; and it seems that the law would be the same, in case he, who so received the goods, were, at the time, the consignor's agent. But if the delivery be countermanded by the consignor, the consignee having failed, or be¬ come bankrupt, it is the duty of the master to obey the countermand, and deliver the goods to the order of the consignor. Such countermand may be easily effected, if the bill of lading is originally made for delivery to the order of the consignor ; for, in that case, the consignor, if he has cause, can send another part of the bill of lading to a cor¬ respondent, indorsed in blank, or for delivery to him. But the countermand may also be made, in the case above, if the consignee is originally named in the body of the bill of lading. For the right of stopping does not depend upon a supposition that the prop¬ erty has not passed from the consignor ; but, on the contrary, that it has passed from him to some other person ; and the question of stoppage in transitu, generally is, whether the circumstances are such, that the consignor may devest the property, which has passed to another, and revest it in himself. A person abroad, in pursuance of orders, purchasing goods, on his own credit, of otheis, whose names are unknown to the merchant, and who charges the merchant with a commission on the price, and consigns them to him, is a consignor within the meaning of this rule ; in reality, he is the vendor, and the consignee the vendee. So also is a person, who sends goods to be sold, on the joint account of himself and the consignee. But a person, who becomes surety for the consignee, by acceptittg bills drawn for the price of the goods, by the vendor, is not a consignee, within this rule, although the bills be sent, through his hands, to the consignee. If the consignor indorse, and transmit the bill of lading, in pursuance of an agreement, and in trust, to indemnify against acceptances, or the like, he cannot countermand the delivery, and take back the goods, while the trust, and object of the consignment, re¬ main unsatisfied ; nor must the master re-deliver them to him. So if goods be sent, 286 by order of the consignee, on his account, and at his risk, and the consignor draw bills of exchange on him for the price, and indorse, and transmit the bills of lading, the con- sipior cannot take possession of the goods at the place of destination, and insist upon immediate payment as the condition of delivering ihern,—the consignee being williii" to accept the bills, and not having failed in his circumstances. And Sir Wm.^'Scott has held that the right of stoppage in transitu, is limited to cases of the insolvency of the consignees, and that the goods cannot be countermanded on any other event. A mere lien, without a property, in the goods, cannot give the right of stoppage in transitu. Therefore, a fuller or dyer, who has fulled, or dyed cloths, and who is not obliged to part with the possession until he is paid ; yet, if he put them on board a hoy, to transmit them to the employers, he cannot stop them in transitu, even if the em¬ ployer has failed. And although part of the price has heen paid, or a hill of exchange has been accepted for the whole, and indorsed over to a third person ; yet the consignor may exercise this right. And a general usage, for land carriers to retain goods, for security, for the general balance of account of the consignee, will not defeat this right of the consignor, upon his payment of the carriage of the particular goods only. Nor will a similar usage, when the carriage is to be paid by the consignor, authorize the carrier to detain goods from the consignee, who has paid the price of them. Secondly. Goods are in transitu, not only while they remain in possession of the carrier, whether by water or land, and although such carrier may have been named and appointed by the consignee ; but also while they are in any place of deposit, connected with the transmission and delivery of them, and until they arrive at the actual, or con¬ structive possession of the consignee. If goods are sent, by sea, to a certain port, to be forwarded from thence, by land, to the residence of the consignee, and upon the ship's arrival at the port, are delivered to a wharfinger, who receives them on the part of the consignee, to be forwarded to him accordingly, they are subject to this right of the consignor, in the hands of the wharfinger ; and the law is the same, in case of de¬ livery to a packer, appointed by the buyer; unless the warehouse of the packer be used by the buyer as his own, and be the place of the ultimate destination of the goods; but after the goods have arrived at the end of their journey, the right of stoppage is gone. The master of a ship, chartered loholly by the consignee, is here held to be a car¬ rier, in whose hands goods may be stopped. But where the consignee has chartered the ship for a term of years, and fitted out, victualled and manned her, goods put on board thereof to be sent by him on a mercantile adventure, for which he had bought them, cannot be stopped, he being the owner of the ship for the time being, and the delivery of the goods, on board, being equivalent to a delivery in a ware-house belong¬ ing to him. Where a ship, which ought to have performed quarantine, came into port, without doing so ; and the assignees of the consignee, who had received tlie bill of lading, but had become bankrupt, went on boartî immediately, claimed the goods, opened some of the chests, and put a person on board to keep possession,—and the ship being, on the same day, ordered out of port, to perform quarantine ;—an agent of the consignor, having received another bill of lading, claimed the goods of the master, while he was performing quarantine.—Lord Kenyon held, that the consignor's right to stop the goods existed v\ hen the claim was made; because the voyage was not at an end, until the quarantine was performed. And this opinion was sanctioned by the Court of King's bench. If the claim of the consignor is made before the consignee has a right to take actual possession, the goods may he stopped. But if the master has begun to unload, and has delivered part of the cargo io the consignee, the consignor's right to countermand is wholly at an end, and cannot be ex- 28t èrcised over the residue of the cargo. And if the master has actually delivered the goods to the person by whom they were ordered, and at whose risk they were to be • imported, the consignor cannot reclaim them, although the bill oflading was for delivery to the consignor, and was unindorsed, and the bill of exchange drawn for the price has been dishonored. In such a case, the propriety of the delivery, as between the consignor and the master seems doubtful. It has been held, that as between buyer and seller, the right to stop the goods in transitu ceases, when the goods cotne to the pos¬ session of the agents of the consignees, to whom they were ordered to be sent, at the place of the agent's abode ; for there the goods are to receive a new direction, from tlie venders, according to their orders to their agents. Lastly. By what acts this right of the consignor may be taken away before the end of the transit. The bill of lading, in all its usual forms, contains the word " assigns." Sometimes it is made for delivery to the consignor, by name, or his assigns ;—some¬ times to order, or assigns, not naming any person ;—and at other times, to the con¬ signee by name, or assigns. In the two first cases, the consignor either transmits it, witiiout any indorsement, or indorses his own name generally upon it, without mention¬ ing any other person ; or indorses it specially for delivery to a person named by the indorsement. Occasionally too, particular conditions, or restrictions, respecting the delivery, are mentioned in the indorsement. ' It is manifest, that there is a strong resemblance between this instrument and a prom¬ issory note. The mere possession of a promissory note, made payable to another per¬ son, and not indorsed by him, gives the holder no power to indorse it over. Nor ought the mere possession of a bill of lading, made for delivery to the consignor, and not in¬ dorsed by him, to induce any one to believe, that the holder has a right to dispose of the goods. On the other band, if the bill of lading, be originally made for delivery to the consignee, or being made for delivery to the consignor, or his assigns, or to order, or as¬ signs, be indorsed by the consignor, either to a third person by name, or generally, without designating any person,—it may, on the first view, be thouglit, that the per¬ son named in these two' first cases, or who is the holder of the instrument, in the latter case, has authority to dispose of the goods as he thinks proper. In what follows, the word consignee will be used to denote such a person—and the bill of lading spoken of, is to be understood as falling within one of these three descriptions last mentioned# unless a contrary meaning is pointed out. It frequently happens, in practice, that the consignee, having received the bill of lading, sells the goods for a valuable consideration, or raises money upon them be-» fore their arrival, and delivers over the bill of lading to a third person, who is wholly unacquainted with the terms of the consignment, and knows not, but that the consign-^ ee is absolutely entitled to receive, and dispose of them. Under such circumstan¬ ces, a very important question has arisen, upon the right of the consignor to counter¬ mand the delivery, as between hirn and the person to whom the bill of lading has been thus delivered, without fraud or collusion. The frequency and convenience of assignments of bills of lading among merchants is well known ; but not every mercantile practice of frequent use is", or ought to be, a part of the law of the land ; for if such were the case, the law must often depart from its own principles ; nevertheless the law does adopt many ancient mercantile usages and customs, more esfiecially, when they are calculated to promote honesty, prevent fraud, and are consonant to legal reason, and legal wisdom. The earliest case upon this subject drew this doctrine from Lord Holt—" that the consignee of a bill of lading has such a property, that he may assign it over —and it hacl been so decided in the Exchequer Court ; but the question upon the effect of the assi^gnrnent was not properly before the court. In a later case, Lord Mansfield said, If the goods are bona fide sold by the factor, at sea, (as they may be where no de- â88 livery can be given,) the sale will be good, and the owner can never dispute with (he vendee, because the sale was bona fide, and with the owner's own authorit) But in this case, the coitrt, thinking there was reason to believe the assignineut to have been fraudulent, sent the cause to a second trial, to asceitain that point. In a later case, the court held, that, " by an assignment made for a valuable consideration, and without notice, to the assignee that the goods were not paid for, the property was absolutely transierred to the assignee, and that the consignor was, by such assignment, deprived of the right to stop the goods in transitu, which, as against the original consignee, might have been exercised, and this decision was ultimately supported upon appeal ; and it is now the settled doctrine, that bills of lading may, for a valuable considera-' tion, and without fraud, be transferred by indorsetnënt, and defeat the consignor's right of stoppage in transitu. But not in all cases. The nature and object of the consignment, and the charac¬ ter o( the consignee, must be attended to. If the goods be sent to the consisee as a ptirchaser, he may either sell or pledge them, before their arrival, and if the bill of lad¬ ing has, by its form, required and received the indorsement of the consignor, a second indorsement by the consignee is not necessary to perfect the transaction between him and the third person. On the other hand—if the goods be sent to the consignee, as a factor, his possession of the bill of lading cannot, in reason, give him any greater power over the goods before their riarval, than his actual possession, of them after¬ wards would do ; and as in the case of actual possession, although a factor may sell the goods, and thereby bind his principal, because his employinent and authority are to sell ; yet he cannot pawn, or pledge them ; because he is not, by his employment, an-' thorized so to do ; so, before the arrival of the goods, he cannot divest tlie consignee's right to stop the goods, by indorsing, or delivering over, the bill of lading as a pledge. This was decided in a case, where the goods were consigned on the joint account of the consignor's and consignee, and a bill of lading was sent to deliver the goods to the consignee—or his assigns, who afterwards indorsed it to a third person, upon condi¬ tion of their making an advance upon it, which they failed to do, and retained it as a security for prior advances. It was held in this case, that such indorsement, and de¬ livery, of the bill of lading, did not divest the consignor's right to stop the goods in transitu. ' The indorsement of a bill of lading is not to be considered, properly speaking, as an actual transfer of the goods, but as affording a presumption of such a transfer ; and consequently, the object, and legal effîct, of it may be ascertained by other circum¬ stances. Therefore, where a bill of lading was indorsed, and transmitted by the con¬ signor to an agent, to enable him to receive the goods, in case the consignee should fail, it was doubted, whether the agent could maintain an action, at law, for the goods,- In his own name. The,court, however, settled the cause upon another point, and left this undecided. In another case, the court decided, that the property of goods passes by indorsement and delivery of the bill of lading by the consignees to a bona fide pur¬ chaser, for a valuable consideration, and without collusion ; although the purchaser knew that the consignor had received only acceptances, payable at a future day, from the consignee, for the amount ; and that therefore, in such case, the consignor's right of stoppage in transitu is devested. But though indorsement, or delivery, of the bill of lading does not, necessarily, en¬ able the consignee to devest the consignor's right to stop the goods ; yet there may be circumstances equivalent to such indorsement or delivery, which may enable the con¬ signee to do this. Thompson &£ Co. sent goods from Ireland to London, to be sold by Eustace St, Holland, their factors there, and wrote to them to insure their goods and sent them a bill of lading, not indorsed, but having the names of Eustace & Hol¬ land on the back, and being applied to by them for an indorsement, answered, by let-' tS9 ter, th.it if tiie bill of latiinj was nnt enclorspd, it was a mistake, and they would send on an indorsement ;—ujion wliich Eustace &, Holland sold the goods; and, it afterwards happening, thai they were unable to pay bills drawn upon them by Thompson &s Co. on the general açcount, one Dick paid those bills, for the honor of the drawers; and knowing all these ti aiisactions, applied to them for an indorsement of the bill of lading, which they sent him ;—-and Dick, thereii|)on, demanded the goods of the master of the ship, who refused to deliver them, and delivered them to the purchasers under Eustace & Holland. Dick brought an action against the master, in which lord Ken- yon ruled, that, under such circumstances, he could not recover. The circum¬ stances of the case were considered as equivalent to a bona fide indorsement of the bills ol lading to Eustace &i Holland, and binding upon the consignors. But if there be not such factor, and the bill of lading be for delivery to order or as¬ signs, and transmitted unindorsed, the holder cannot, by an attempt to transfer the property of the goods to a third person, defeat the right of the consignor to stop them in transitu. One Fox, of London, ordered five pipes of wine from Abbot &. Co. of Oporto, which they shipped on board a vessel bound to London, and took from the master bills of lading for delivery to order or assigns. One of the bills they sent to Fox by letter, giving notice that they had shipped the wine, sent the bill of lading, and that they had drawn a bill of exchange upon him for the price. Fox accepted ,the bill of exchange, payable at nine months. Before the exchange became due the wine arrived ; and Fox, not being able to pay the duties, it was sent to the King's ware-house, where it remained. Fox, driven by a creditor, sold the wine to him, and soon alter became bankrupt ; and the agents of the consignees, having paid the duties, and obtained the wine, the purchaser under Fox brought an action against the consignees' agents for the value. But the court held that the action could not be maintained, and that the consignors' right of stopping the goods was not devested, un¬ der the circumstances. Jl difficult question of fact may arise upon the fairness of the assignment, and erert, as between the consignor and the original consignee, the right to stop the goods may be doubtful, in some cases. It would be a great hardship, if owners and masters of ships should be obliged to exercise a judgment upon doubtful matters of fact, and to decide upon them, and deliver the goods at their own peril ; but the law does not al¬ together throw this burthen upon them. It has been held, that the master discharges himsell, if he delivers the goods to the person, to whom the consignor first indorsed the bill of lading ; but in the case here alluded to, the question arose between two con- signees, to each of whom a bill of lading had been indorsed, and there had been no countermand, or attempt to stop them in transitu, and' the master happened to know the priority of the indorsement. In another case, which was an action, brought by the assignee of the original consignee, against the master, who had delivered the goods to the person to vvhotn the consignor had sent another bill of lading, as a security, and to enable him to lake possession for him, if the consignee should fail, which had been the case, a usage was proved, that in case of the indorsement of bills of lading to different persons, the master was at liberty to deliver to whichever he thought proper; and upon that ground, the court directed the jury accordingly; legalizing the usage. From a later case, it may be collected, that if the master, being required to deliver the goods to an agent of the consignor, either expressly engage so to do, or say that he will not part with them, until he is certain of a safe delivery, and afterwards de¬ liver them to the consignee, or to persons claiming under him, he will be responsible to the consignor, provided it shall turn out that the consignor was legally entitled to countermand the delivery, and take back the goods. In general, where two opposite parties claim a light to receive the goods, both, or either of them, will be willing to give an indemnity to the master; and the master 37 290 should, in prudence, deliver the goods to those, upon whose indemnity he can most safely rely. But if a satisfactory indemnity is not offered, and the master must exer¬ cise a discretion, then, if a bill of lading has not been assigned over by the consignee, and he has failed, without doubt, the master should deliver them to the person, who claims for the consignor. If the consignor has indorsed bills of lading to different per¬ sons, the master shall deliver td the person to whom the consignor first made the in¬ dorsement. _ If the consignee has assigned the bill of lading, and the validity of the assignment is questionable,—in England, the master deposits the goods in a place of safety, and applies to the court of Chancery, by way of interpleader to compel the contending parties to litigate their rights, in a suit, between themselves. SALVAGE. Salvage is the compensation to be made to those, by whose assistance a ship, or its cargo, may be saved from impending peril; or recovered after actual loss. It is com¬ monly, at present, made by a payment in money ; but, in the infancy of commerce, was usually made by some portion of the specific articles saved, or recovered. AH foreign codes of maritime laws, ancient and modern, contain provisions and en¬ actments upon this subject. Those will be passed over here ; for it is evident, that positive and settled rules are little adapted to tlie administration "of justice in varying, and unsettled cases. They can afford no rational criterion by which to estimate the degrees of labor, ot the degrees of peril, to which those engaged in the meritorious service of assisting the distressed, on a boisterous element are exposed. And there¬ fore, the law of England, in tBe case of wrecked and abandoned property, at sea, like the laws of some other countries, has fixed no positive rule, or rate of salvage ; but di¬ rects only, as a general principle, that a reasonable compensation shall be made. We have adopted the same principle. And our highest tribunal has declared, that where the amount of salvage is not fixed hy positive law, it must be determined by the prin¬ ciples of general law, and is discretionary, under all the circumstances of the case. All civilized, and commercial states, in modern times, have laboured to suppress the barbarous spirit of plundering the helpless and distressed mariner ; but we cannot go into the detail. Salvage may be considered,with regard to effects saved from the perils of the seas.—Second, with regard to effects retaken from an enemy, into whose hands they have fallen. Effects saved from the perils of the seas.—A person who by his labor, preserves goods, which the owner, or the person intrusted with the care of them, has either a- bandoned, in distress at sea ; or'is unable to protect and secure them, is entitled, by the common law, to retain the possession of the goods, saved, until a proper compensation is made to him for his trouble. And this compensation, if the parties cannot agree up¬ on it, may be ascertained by a jury, in an action by the salvor against the proprietor of the goods. Or the proprietor may tender the salvor what he considers a sufficient sum, and, upon refusal to deliver the goods, bring an action against the salvor, and if the jury think the sum tendered sufficient, he will recover his goods, or their value, and the costs of suit. If the salvage is performed at sea, the court of Admiralty has jurisdic¬ tion over the subject, and will fix the sum to be paid, and adjust the proportions, and take care of the property, pending the suit ; or, if a sale is necessary, direct a sale to be made, and divide the proceeds between the salvors and proprietors, according to equity and reason." And the court will fix the salvage, having regard, not only to the labor bestowed, and peril incurred, but also the situation in which the salvors stand with respect to the properly saved, the promptitude and alacrity manifested in saving it, and to' the value of the ship and cargo, as well as the danger from which they were rescued. In one case, the Supreme Court of the United States, decreed the payment f91 oí one third of ihi net value, as salva2;e. In another case, the same Court decreed to the owners of the saving ship, one third of the gross value. And in another case, the same Court decreed one third of the gross value as salvage, and two .thirds of that to the owners ol the saving vessel. In a New York case, tlie District Court of the United States decreed one half of the net proceeds as salvage. Thus it appears, that the al- lowance is discretionary with the court ; and courts are liberal in the allowance of it. A passenger is not entitled io make a claim for the ordinary assistance he may be enabled to affiird to a vessel in distress. It is the duty, as well as the interest of all persons on board, of every description, to contribute to their aid on such an occasion. A passenger, however, is not bound to remain on board the ship in the hour of danger ; bill may quit her, if be has an opportunity so to do ;—much less is he required to take upon himself any responsibility as to the conduct of the ship. But there may he cases, in which a pussews^er may be entitled to a very considerable sum for extraordinary services, and responsibility incurred. A ship, bound to the West Indies, struck upon the shoals of Chichester, in a gale of wind ; and, in that situation was deserted by the master, who took part of the crew with him. A passenger was on board, who had commanded vessels in the same trade, and took command ol the siiip, by desire of the passeneicrs, and with the consent of the mate, and remainder of the crew ; and carried her back to Ramsgate harbour. Ti¡e owner approved oí this, and, in a letter to the underwriters, attributed the preservation of the ship to his skill and ma«- ageinent, and intimated, that he thouglit the passenger's services worth £200*1 least. A jury gave him £400—and upon an apjdication to set aside the verdict, the Court re¬ fused to do it.—Lord Alvanley, in giving the opinion of the Court, said, that when a passenger goes beyond the line of his duty, and takes the responsibility and direction of the ship, as if he were master, he is entitled to compensation by way of salvage. It is like a case of extraordinary peril, where pilotage would, in the opinion of Sir Wm. Scott, be difficult to distinguish from a case of salvage, properly so called ; and where extraordinary exertion, and personal danger, might exalt the service into a salvage ser¬ vice. If a vessel, in distress, is abandoned, at sea, by the master and crew, except one man, who is left, either by accident, or design, he is discharged from his contract as a mari¬ ner of that vessel ; and if he contributes to the preservation of the vessel, he will be entitled to salvage. Salvage on re-capture. In England, there are many statute regulations concerning, salvage ; but, in the United States, there is no statute respecting salvage, except in case of re-capture. The principle of the English Courts of Admiralty (previous to their acts of Parliament) is adopted, of considering the property of goods captured, completely devested only by a sentence of a court of competent jurisdiction ;—after which the prop¬ erty is devested. A statute of the United States provides, that if the vessel, or goods, of any person, resident within, or under the protection of, the United States, be re¬ captured, after a hostile capture, before such vessel, or goods, shall have been con¬ demned as a prize, they shall be restored to the owner, on payment of salvage, of one eighth part, if re-captured by a public vessel ; and of one sixth part, if re-captured by a private vessel of the United States ; but if the re-captured vessel be armed, either be¬ fore, or after capture, then the salvage shall be one half part. If the re-captured vessel, or goods, belong to the United States, the salvage shall be one sixth part, if re-captured by a private vessel ; and one twelfth part, if re-captured by a public vessel. Salvage on property of allies upon re-capture. In England, the maritime law has adopted a most liberal rule, in giving to allies the benefit of their laws on re-captured prop¬ erty, unless, and until, iNappears, that they act upon a less liberal principle ; and, in such case, it adopts their rule. The same liberal policy is adopted in the Act of Con¬ gress above mentioned, in its fullest extent. 292 X Salvage how disposed of. By the same Act it is provided, that in cases of re-capture, the salvage, if given to a public armed ship, is to be distributed as prize money ; if given to a private armed, vessel, then, according to the agreement, if there be any between the parties concerned ; if not, then as the court, having jurisdiction tiiereof, shall appoint. In other cases of salvage, the manner of distributing it is discretionary with the court. If one of the salvors embezzles part of the goods saved, be forfeits his right to salvage. If apprentices are salvors, their masters are not entitled to their shares; but it shall be paid to the apprentices themselves. The master's right to the earning of bis ap¬ prentices, extends only to those in the ordinary way of business, and not to extraordi¬ nary services, which have no connection with his business. DISSOLUTION OF CONTRACTS. Contracts may be dissolved by the voluntary act of the contracting parties ; for they derive their force, and validity, from their consent. There is, indeed, a technical rule of law, that requires the discharge of a person frotn a contract, by an instrument of as high a nature as the original instrument, by which the contract was made ;—and this rule applies to the contract by charter-party under seal ; but in case of a discharge by mutual consent, not expressed in this formal manner, the rule, at the utmost, would have no other eíTect, than to render it necessary for the party to apply to a Court of Equity. In all such cases, however, prudence requires that the deed (or instrument under seal) should oe cancelled, and given up. But as to bills of lading, a merchant, who has laden goods, cannot insist ufion having them relanded, and delivered to him, without paying the freight, which might become due for the carriage of them, and indemnifying the tnaster against the consequences of any bill of lading, signed by him. Indeed the master cannot, with prudence, deliver back the goods, without having all the parts of the bill of lading, signed by him, deliver¬ ed up, for if any one of them has been transmitted to a third person, such third person may have acquired an interest in the goods. If an agreement, lawful when made, become unlawfid, before it is performed, by an act of the government of the country, the agreeiiicnt is absolutely dissolved. There¬ fore, if, before the commencement of a voyage, war or hostilities should take place, between the State to which the ship or cargo belongs, and that to which they are des¬ tined ; or if commerce between them should be wholly prohibited, the contract for conveyance is at an end. And probably the same rule would apply to the same events, happening after the commencetneut, and before the completion of the voyage; although a different rule is laid down, in this case, by the French ordinance. And ii has been held, in New York, that if the port, to which the ship is, hy charter-party, bound to proceed, be blockaded, this produces a dissolution of the contract. This was the case of a charter-party between neutral citizens—and Sir Wtn. Scott held the same rule on a charter-party between a neutral and belligerent. But in case of war or hostilities between the nation, to which the ship or cargo be¬ longs, and any other nation, to which they arc not destined, although the performance of the contract is rendered more hazardous; yet the contract itself is not dissolved, and each party must submit to the extraordinary peril, unless they mutually agree to abandon the adventure. If the government of the country, to which the ship and cargo belong, should prohibit the exportation of the particular commodities, which compose, or are to compose, the cargo, in this case also, it seems, that the law of the country would give no damages to the owner against the merchant, who had been thus compelled, by the law of the same country, to abandon his engagement. On the other hand, if a merchant hire a ship to go to a foreign port, and covenant 293 to furnish a lading there, a prohibition, by the government of that country, to export the intended articles, neither dissolves the contract, nor absolutely excuses a non-per¬ formance of it ; for the laws of one nation do not give effect to the positive institutions of another, inconsistent with its own. The common excejuion of tlie restraint of princes and rulers, applies only to the master. But in suck case, it would be the duty of the master, upon his arrival at the port of ladiii'', to obtain another cargo, if possible, from other persons, and not sullenly hoist sail, and depart, in order to charge the merchant with the whole freight. And if upon_ the ship's arrival he is informed, that the merchant is unable to furnislr the lading, he cannot, by waiting the time appointed in the charter-party, charge the merchant with the demurrage. But contmcts of this sort are not dissolved by an embargo, or temporary restraint upon their performance, imposed by the government of the country, in whose ports the vessel may happen to be, as a measure of political caution in time of war, or upon ex¬ pectation of it, either in the lading port, or in a port at which the-ship may have touch¬ ed, in the course of her voyage. The French ordinance provides otherwise, and au- tiiorizes the merchant, in such case, to unlade the goods, at his own expense, if he thinks fit, upon condition to indemnify the master. In such a case, whatever the rule of law may be, the interest of all parties will, in general, induce them to annul the contract upon reasonable terms. But in case of an embargo, imposed by the country, of which the mei-chant is a subject, in the nature of reprisals, and partial hostility, against the country to which the ship belongs, the merchant may put an end to the contract, if the voyage is likely to be de¬ feated by the delay. Thus a Swedish ship, chartered by a British merchant, to go from London to St. Michaels, for a cargo of fruit ; which, having sailed, was driven back by contrary winds, and forced into Ramsgate harbour, and there stopped, on 15 January, I80I, by an embargo, laid by tlie British government on all Swedish vessels ; upon which the merchant applied to the captain to give back his letters of advice, who declined doing so;—and who, soon after the embargo was taken off, which happened in June, offered to proceed ; but was directed by the merchant not to do it ; because the season for shipping fruit was then passed, the Court of Cotnmon Pleas held, that the master could not maintain an action against the merchant for the non-performance of his contract. For otherwise, the British subject would sustain the evils, which his government intended to inflict only on foreigners, which is contrary to the princifile now established in the law of insurance, viz : tliat the insurer is not answerable for a loss happening to an enemy, by British capture, in a course of hostilities, whether ex¬ isting at the time of insurance, or taking place afterwards. WAGES OF SEAMEN. Hiring of Seamen. In the fishing trade, seamen usually serve under an engaaie- ment to receive a certain part of the profits for their services. This is rather in the nature of a partnership, than a Contract for hire, and is governed by the private con¬ tract of the parties, or by custom and usage, of which it is not necessary to go into de¬ tails. Our object is a consideration of contracts for the employment' of seamen, in the merchant service, by the month, or by the voyage. 1 he regulation of Seamen in the merchant service, (of which mention has been made already, page 252) is the subject of provision by an act of the Congress of the United States, passed A. D. 1790, which is printed on the back of the shipping paper, almost invariably. It provides, that every master or commander of any ship or vessel, bound yrom a/jort in í/íc United States to any foreign port; or any ship or ves¬ sel, of the burthen of 50 tons.or upwards, bound from a port in one State, to a port in 394 any other than an adjoining State, shall, before he proceed on such voyage, make out an agreement in writing, or in print, (that is the shipping paper) with every'seaman or mariner on board, under a certain penalty, or a liability to pay the highest wages given at the port of departure. The master should make himsell thoroughly acquainted with this instrument, and the laws which are printed on the back side of it, which will afford him very important instruction, and information upon the subject, and will am¬ ply excuse the brevity required in our remarks here. Voynges, commencing from a foreign port to the United States, are not included in the section of the statute just before noticed, and it has been so adjudged in an Ameri¬ can Court of Admiralty. And it has also been held, that where there is no written agreement, a verbal contract might be proved for less than the highest price, and thus supersede the provision of the statute just noticed, and it has also been held that, where there is no written agreement, seamen are still liable to the forfeiture of the marine law. The act of Congress requires, that the^agreement (shipping paper ) should specify the voyage, or term of time, for which the mariner is hired. The term voyage is a technical phrase, and always imports a definite coitimencement, and a definite termina¬ tion. Where the shipping articles were for a voyage from Baltimore, Curracoa, and elsewhere.—it was held that these words, " and elsewhere," did not authorize a voyage from Baltimore to St. Domingo. The word, " elsewhere," in such a case, must be "construed as superfluous, and void for its uncertainty ; or else, as subordinate to the principal voyage stated, and in snch case, as authorizing the ship, in the course of the voyage, to pursue such route as might be necessary to accomplish the principal voyage, which is no more than the law would imply. Jt is not necessary to specify the ports by name ; but there must be some equivalent designation, such as to a port or ports, island or islands in the West Indies, to the iVlediterrean, or the like. The master is liable for a mariner's wages, though he has been shipped by the owner. in consequence of being sick, the mariner is left in a foreign port, he seems to be entitled to wages up to the time of the successful termination of the voyage. But inhere, after recovery from sickness, the mariner might have rejc.ined the ship, which was on a circuitous voyage, and he did not, it has been held that he shall only have his wages up to the time, when he might have so rejoined the ship, and no further. Ao wages, in the case of an illegul voyage, can be recovered ; nor in the case of a voyage in contravention of the provisions of a statute. No man can make claim to the wages of iniquity. Tiierefore, in a case, where a contract had been made in a slave voyage, contrary to a statute, Sir Wm. Scott repudiated the claim for wages, with manifest indignation. Of the earning, and payment of wages. It is obvious, that a seaman, who has per¬ formed his service, during the wlu)le period of the intended voyage, is entitled to the whole of the sti|)idated reward, if no disaster has rendered his service useless, or un¬ productive, to tlie employer. As the seaman is exposed to the hazard of losing the reward of long and (aithlul services, in certain cases; so, on the other hand, he is al¬ lowed to receive his full wages, even when unable to render these services, if his ina¬ bility proceed from any hurl he receives in the performance oi his duty, or from natu¬ ral sicklies, in the course of the voyage. And if the master, in violation of his con¬ tract, discharges a seaman, during a voyage, the seaman will be entitled to his full wages up to the prosperous termination ol that voyage, deducting, if the case require it, such sum as he may, in the mean time, have earned, in an other vessel. But the residue of the crew cannot claim more wages, although, by the dismission of such ma¬ riner, the risk and labor become proportionably greater. Jls to discharging mariners abroad. See page 254. H'here Joreign seamen are shipped, at a foreign port, in a foreign ship, and in the course of the voyage are discharged, if the articles of shipping contain a clause, that 295 they shall not sue for their wages in à foreign country, but shall abide by the maritime code of their own country, the courts of law, in England, will not sustain a suit for their *^TtTs held in Ensland, that in the ordinary case of an embargo, a seaman, hired by the month, and remaining with the vessel, lias a right to his wages during the embargo, if the ship afterwards perform her voyage, and earn her freight ; and this has been ful¬ ly recoitnised as law in American courts. Where a ship has been captured, and a mariner taken away from the ship ; and af¬ terwards the ship is rescued by the crew, full wages have been decreed, for the whole voyage, to the mariner taken away. So where a neutral mariner has been impressed from a neutral ship, and afterwards, escaped and rejoined his own ship, or has offered to rejoin, but has been refused,/«// wages {qt the voyage have been decreed. On the other hand where a neut.-al mariner has been impressed, and never rejoined the ship, either from necessity or choice, full wages have been denied ; but pro rata wages (or wages in proportion to the actual service) seem to be due in the one case, to the time when the mariner might have rejoined the ship ; and in the other, to the time of im¬ pressment. In case a seaman falls sick, and dies, during the voyage, it seems that his personal representatives are entitled to a proportional part of his wages, unless precluded by the specific terms of his contract. In one case. Judge Peters held, that full wages for the voyage should be paid, and on appeal the Circuit Court of the United States af¬ firmed the opinion upon full argument. On the other hand, in a recent case, in the District Court of Massachusetts, Judge Davis decided, in a similar case, against the claim of full ivages, and ruled the following points, 1st. That by general principles of law, on a contract of hire, no compensation can be claimed, beyond the death of the party hired. 2d. That the laws of Oleron, of Wisbuy, or of the Hanse Towns, do not provide, that in case of the death of a seaman on a voyage, wages are recoverable beyond the time of his death. 3d. That the intent of these ancient ordinances, in the articles relied on in this case, was to determine the operation of sickness or disability, incurred in the service of the ship, during the voyage, and to provide for the payment of wages, without deduction, on that account, either to the seaman, if he recover his health, or to his heirs in case of his death. 4. That it does not appear, that these or¬ dinances have, in those countries, where they are peculiarly authoritative, been used, of applied, as entitling the heirs to-wages for any time subsequent to the death of a sea¬ man. 5ih. That approved commentators, such as Cleriac and Valin, do not establish the construction contended for in support of this claim. 6th. That the Consolata del Mare, a work of approved authority, in case of an engagement by the month, and death on the voyage, expressly limits the wages, to be recovered by the heirs, to the time of the mariner's death. 7th. That the marine law has not been otherwise understood and received in England, but in regard to an engagement by the month, and death on the voyage, appears to be consonant to the Consolata del Mare. 8th. That in Massa¬ chusetts, the usage has uniformly been, to make payment of wages, in such case, only to the time of the death of the seaman, and the law has been considered as consonant to the practice. By the common law, anciently, no contract was considered as apportionable. But it seems that now, by the common law, all laborers, by the year, or by the month, are entitled to wages up to the time of their death. Where a mariner is sick, he is to be cured at the expense of the ship, by the Marine Law. A statute of the United States has made provision for a medicine chest. See page 253—and see also page 256. One Cutter was hired as second mate, on a voyage from Jamaica to Liverpool; and at Jamaica, the master subscribed, and delivered to him, the following note :—" Ten 29G clays after the ship G. P. myself master, arrives at Liverpool, I promise to pay Mr. T< Cutter, the sum of thirty guineas, provided he proceeds, continues, and does ins duty as second rnate in said ship, from hence to the port of Liverpool. Kingston, July 31, 1798." The ship sailed on 2d August, and arrived at Liverpool Oct. 9ih. Cutter complied with the terms, until his death, which was on Sept. 20th. It was proved, that the usual wages of a second mate, in such a voyage, out and home, by the month, was £4,—that when seamen were shipped by the run, at Jamaica, a gross sum was usually given ; and that the usual length of the voyage from Jamaica to "Liverpool was about eight weeks. The executrix of Cutter, who sued for wages to the time of his death, failed in the suit, in this case, being unable to prove any usage for apportioning the service, which seemed an entire one, by the contract, and not performed ; and (or which an extraordinary compensation, by the terms of the contract, was to have been paid, in case of full performance. The court were reluctant to pronounce this opinion ; and in a subsequent case of the death of a seaman during a voyage, it was taken for granted, that proportional wages were due. The payment of wages is, generally, dependant upon the payment affreight. If the ship have earned freight, the seamen have earned wages. And as, in general, if a ship, destined on a voyage, out, and home, has delivered her outward bound cargo; btrt perishes on the homeward voyage, tite freigiit for the outward cargo is due, and the seamen are entitled to their wages for tlie outward voyage, and tiie unloading the cargo; unless, by the terms of their contract, tiie outward and homeward voyages are consol¬ idated into one. Upon the same principle, where money has been advanced to the owners in part of the freight outtvard, and the ship perished before arrival at the port of delivery, it has bee'ii held, that the seamen are entitled to wages, in proportion to the freight advanced. And it has been held, that if the ship be lost on the homeward voyage, the wages, up to the last port of delivery, and half the time there, are to be paid. And it has been lield, th.at i( a ship be lost, before arrival at a delivery port, the wages are nevertheless, to be paid, if the freigiit be advanced. It sometimes happens, that a charter-party is so formed, as to preclude the owner from demanding freight for the outward cargo, unless the ship brings back her home¬ ward cargo in safety. It seems, that the owners' consent to relinquish this benefit, to which they are entitled, by the principles of general law, ought not to affect the sea¬ men, unless they also make the like engagement, on their part, and this point has been established in an American Court of Admiralty. A clause is, sometimes, in the shipping paper, that no wages shall be due, or claimed, until the return of the ship to her home, and the car^o or ballast delivered—the proper construction of this clause seems to be, that the parties could only intend to ap¡>ly it to the time, and place, in which the wages shall be legally demandable. But where the clause is so framed as to preclude all construction, and such an intent of the parties is plainly expressed, the only question for consideration is the legality of such a stipulation. In an engagement, by seamen, that th^ir wages shall depend upon the earning of freight, conformably to the engagements with the freighter, there is nothing inconsistent with the provisions for their regulation and government. They may, if they will, connect their right of wages with the owner's right to freight, upon a voyage comprising more than one port ; for such would be a fair transaction, if there be a full and fair disclos¬ ure by the owners to the seamen. But the freight earned in a voyage, is a common stock, and, in the hands of the owners, is a trust fund, to be accounted for to those whose industry produced it. A clause, which should stipulate, that he, who bears the labor and hazard of acquiring the common stock, shall bear all the loss, and not par¬ ticipate even the wreck of a profit, is not consistent with any just notion of a partner¬ ship, or common interest, it is wholly incompatible with every idea of a trust, to per¬ mit one to eat up the whole estate. And as an agreement to grant, or cede, it is £97 wholly destitute of all actual, as welt as moral, or equitable consideration, it is merely void. It is, in its nature,/mí/,'7«/ení, as to one of the parties. And witli a view to pub¬ lic policy, it is equally repreliensiltle, from its tendency to separate the interestj from the duty, of sailors, au I induce them to repair, by embezzlenaent, the loss to which such an agreement would suiiject the.n. It has therefore been held, that the only legal ef¬ fect of such a stipulation, is to preclude seamen frojn libelling for wages in foreign ports, until the vessel return, or the voyage be ended ; and that it is invalid to produce a forfeiture of wages. Freigiit must always be considered the mother of wages, and notioithstaii'ling any agreement to the contrary, where the former is earned, the latter must be paid. And in a suit in the'Supreme Judicial Court of Massachusetts, Chief Justice Dana declared, that the court, in such cases, were bound to protect seamen against the craft and subtilty of a merchant, and their own thoughtlessness and in- consideration. In one case, however, but of a very different character, the seaman failed to recovef his wages. I state it from its peculiarity. Perhaps it may not be considered to mili¬ tate with the above, as it appears to have been a deliberate contract, with full knowl¬ edge, and due considerati insurance can be made on sinuggied goods. It is a general ride of all tnaritime States, that no in- sniance can be made on goods, intended to be iniported, or exported, contrary to law. And the insurer may take advantage of this objection, though he knew the trade to be illegal ; and the courts permit this; not for the sake of the objector ; but in obedience tresentation, whether by the insured, or his agent ; and whether fraudulent, or innocent, if in a material point, avoids the policy. A letter ordering to insurance, was written, by an agent of the insured, beJoTC^ and sent cift^T the loss wets known* Held a misrepresentation, whether it arose from faraud or negligence. If a representation be true, in substance, it is sufficient ; for if strict and literal truth were required, it would have been inserted in the policy. A representation was 12 guns and 20 men. The ship sailed with 10 carriage guns, 6 swivels, 16 men and 11 boys. This being a greater force than was represented, it was held that the rep¬ resentation was substantially true. I'byage represented, as being less than the voyage described. In such case, if there be no fraud, and the voyage performed be within the policy, it will be protected. The voyage described in the policy was from L'Orient to the isles of Bourbon, China, Per¬ sia, and during the time of the ships stay and trade, &c. A representation describes the voyage to be, to Madeira, the isles of France, Pondicherry, China, and back to France, to L'Orient. Though the voyage, described in the representation, be less than that mentioned in the policy ; yet, being without fraud, and the voyage perform¬ ed being within the policy, it is protected by the policy. Even if a representation be untrue, if it do not deceive the insurer, it will not avoid the policy. A ship, insured from London to Nantz, with liberty to touch at Ostend, clears out for Ostend only ; but means to go direct to Nantz, with bills of lading, pur¬ porting to be made out at Ostend, as if the goods had been shipped there, in order to be able to import English goods into Nantz, at Ostend duties, and also to save the light-house duties going down the channel. This being a constant practice, known to all who are concerned in this trade, is no fraud on the underwriters. And the inten¬ tion to evade the light-house duties was held not illegal, the policy being effected before, and the ship having sailed after, a war breaking out, does not affect the contract. If it be stated that a ship was ready to sail on a certain day, when in fact she had sailed, this is a misrepresentation. A misrepresentation, to avoid a policy, must be material to the risk. The insured states that he has a material paper on board. He must use it, when occasion requires ; and if he do not produce, and use it, when it is important so to do, the underwriters will be discharged. Every insurer may expect that a material paper will be made a proper use of. If there is a secret understanding between the insured and the first underwriter, that he shall not be chargeable ;—-that he is only a decoy duck ; all the subsequent un¬ derwriters are discharged. OF CONCEALMENT. Concealment or suppression of the truth, is nearly allied to misrepresentation, or al¬ legation of falsehood ; and consists in the fraudulent suppression of some material fact, or circumstance, which affects the risk ; and, like every other fraud, it avoids the contract, from the beginning. Even an innocent concealment, if it be material, will avoid the policy ; nor can the insured, by offering an increase of premium, require the insurer to confirm it. The insured ought, therefore, to inquire, and disclose, all mate¬ rial circumstances. What shall be deemed a material concealment. Whatever respects the state of the ship, the time of sailing, the nature of her employment, &;c., ought to be fully disclosed ; and a concealment of them, vitiates the policy, even though the loss arise from a cause unconnected with the fact concealed. The broker's instructions state, that the ship 326 was ready to sail on the 24th December, when, in fact, she had sailed on the 23d—this is material. A welljounded suspicion of a conceahnent, will amount to proof of fraud. An inti¬ mate friend of the owner of a ship, hearing of her being lost, informs his clerk of the misfortune ; and he, the same day, by order of the oWrier, writes to have insurance effected on the ship. The concealment by the clerk, avoided the policy, even sup¬ posing the owner himself quite innocent. Concealtnent of the time of the ship's sailing, avoids the policy. Where a ship it to be employed in a service of peculiar danger—this circumstance, concealed, avoids the policy. Although the broker thought a material circumstance immaterial, and therefore con¬ cealed it, the policy was avoided. Even doubtful rumors, concerning the safety of a ship meant to be insured, " lost or not lost," must be disclosed ; or the insurance will be void. The non-compliance with an ordinance, thou^ contrary to the law of nations, must be disclosed, or it is a fatal concealment. A concealment by an underwriter, will avoid the policy, as to him, in an action to re¬ cover back the premium. To conceal a trust for an alien, will avoid a policy. Unusual papers taken on board, increasing the risk, not disclosed, avoids the policy. Orders to insure,must be recalled, as soon as the loss is known. False information, givenby mistake, if timely discovered, must be recalled, or the policy will be avoided. What things need not be disclosed. Either party may be innocently silent as to matters which are open to both, and upon which they may exercise their judgments. The insured need not disclose what the insurer knows, or ought to know, what he takes upon himself the knowledge of, or what he waives being informed of ;—nor need he tell the insurer what lessens the risk, which is understood to be comprized within the policy in express terms ;—nor what is the result of general topics of political specula¬ tions. The insured, for instance, is bound to know every cause, which may occasion natural perils ;—the difficulty of the voyage ;—the varieties of the seasons ;—the prob¬ ability of lightnings, hurricanes, &,c. ;—and political perils, from the rupture of States ; from war, and its various operations. The probability of safety, from the continuance, or the return, of peace, from the imbecility of the enemy, the weakness of their coun¬ cils, want of strength, k,c. An underwriter, who insures private ships of war, need not be told the secret enterprizes, upon which they are destined ; for he knows there must be some such expedition, and from the nature of the case, he waives the infor¬ mation. If he insure for a certain period, he need not be told any circumstance to shew, that the risk may be over in a less time ; or, if he insure a voyage, with liberty to deviate, he need not be told what tends to shew that there will not be a deviation. Things, which are equally common to both, need not be discjosed ; but those only, which one of them privately knows, and which the other has no right to suspect, must be made known. Whatever is impliedly warranted, need not be represented or made known. The sea-worthiness of the ship, is always an implied warranty. Therefore, the state of the ship need not be represented. Letters, therefore, from the captain, representing the bad state of the ship, in her outward voyage, need not be shewn to the underwriters upon the ship, upon a subsequent one. JVor is it necessary to state what may reasonably be presumed, or what either party may know, if he will ;—nor a cir¬ cumstance, made material by a foreign ordinance, of which he was ignorant. The master's instructions, as to the mode of pursuing the voyage, need not be dis¬ closed. Clearance to a different port, in order to avoid detention by cruisers, does not make a different voyage. Though the master, in his protest, stated, that he sailed for a different voyage ; yet if he explains his reasons for so doing", it will not vary the 327 case. Concealment that part of the cargo is fiontrahand of war, does not avoid the policy. It is held, that such goods are lawful goods. On a general policy, the insured need not disclose, that his interest is an undivided part. The thing concealed, must be a fact ;—something tjiore than a mere expectation, or speculation, to avoid the policy. When a broker, speaking of several vessels, said they were expected to leave the coast of Africa, in November, or December, the policy in question was deemed good, though the ship insured had sailed the May before. OF THE SHIP. There are certain implied stipulations, or conditions, concerning the ship, which the insured are bound to fulfil, viz : that she is sea-worthy ;—that she shall not be changed, except from necessity, or with the consent of the insurers ; and that she shall be con¬ ducted, and navigated, according to law. Of these in their order. Of the sea-xvorthiness of the ship. No loss, arising from an internal defect of the thing insured, can fall upon the underwriter. There is an implied warranty, in every policy, on ship, or goods, that the ship shall be sea-worthy ; that is, that she shall be tight, staunch, and strong, properly provided with all necessary stores, &ic., and in all respects fit for the intended voyage. The consideration is paid, in order that the in¬ sured may be indemnified ; and it supposes, that the insurer may gain the premium ; but if the ship be incapable of performing the voyage, there is no possibility 'that the in¬ sured can gain the premium ; and in such case, the insurance, on his part, would be without consideration, and therefore void. In France, there isa previous survey of the ship ; but the report of this survey is not sufficient proof of sea-worthiness. A ship damaged shall be presumed not sea-worthy, unless it appear, that her disa¬ bility arose from sea-damage, or some other misfortune. A ship springs a-leak at sea, and is forced, by contrary winds, to run for the nearest, port, where she is pronounced innavigable. It is a question, whether, in this case, the ship shall be presumed not sea-worthy, when she sailed. It was decided against the sea-worthiness, at St. Croix de TenerifTe. If the loss, or disability, may be fairly at¬ tributed to sea-damage, the proof of non-sea-worthiness rests on the insurers. Neither the ignorance, nor the innocence, of the insured, will avail him against a breach of this warranty. The purchaser of a ship sends her to be docked, and com¬ pletely repaired, and the ship builder is ready to swear that this was done ; yet, if it afterwards appear, that she was not sea-worthy, though this proceed from a latent cause, the policy is void. If the ship be not sea-worthy the policy will be void, though both the insured, and the captain, believed her sea-worthy, and though the insurer knew the state she was in, as well as the owners. It is sufficient, if the ship be sea-worthy at the time of her sailing. She may cease to be so in 24 hours ; yet the insurer shall be liable ; but if a defect appear, soon af¬ ter her sailing, without any visible cause, the inference is, that she was not sea-worthy, at the time of sailing. But to be sea-worthy, she must be properly manned, by persons pf competent skill and ability, to navigate her. A ship takes a pilot, on her entrance into the Thames ; who is permitted to leave her before she is safely moored, and an accident afterwards happen : The insurers are discharged, though it do not appear, that the loss was directly imputable to any want of skill in those, who navigated the vessel. Of changing the ship. This must be only from necessity, or by the consent of the insurer ; and if, before the commencement of the voyage, the ship be changed ; or, if 328 tlie goods be put on board anotber ship, except from necessity, and without consent, the policy is void. The ship may not only be changed, from necessity, but the pro¬ ceeds of goods saved from the wreck of the first ship, may be invested in new goods, and the risk will continue on these, in the new ship. When the best is done tbatcan be done, for the interest of all parties, the underwriters will still be liable. The cap¬ tain ought to hire another ship, if it be best for the interest of all concerned, that he should do so, and, in such case, (he insurer shall pay all average losses cm the goods, expense of salvage, unloading, storing and reloading, with duties,' and the increase of freight, if any ;—in short,—every expense in consequence of changing the ship. Insurance of goods onboard "ship or ships." In insurance, the ship is generally named ; but insurance may be made on ship or ships. If two policies be made, for different sums, on ship or ships ; and one is lost, it would seem, that this ought to be considered as but one insurance, on the entire goods, by both policies, and that the un¬ derwriters ought to contribute for the loss ; but it is otherwise, if each policy be ap¬ propriated to the goods in a particular ship. 11 two policies, on goods, be made, on the same voyage, one on a particular ship, and the other on " ship or ships," and the latter be lost, the latter shall be applied to the goods lost. Of the conduct of the ship. It is an implied warranty, that the ship shall be navi¬ gated, conducted, and managed, according to law ; that is, not only according to the municipal law, and the law of nations ; but according to the particular treaties, be¬ tween the country to which she belongs, and other states. A sentence of condemnation, on the express ground, that the ship has violated a treaty, will be conclusive to shew, that she did not sail according to law. But if this be only recited as a fact ; and the ground of the sentence be, that tire ship was ene¬ my's property, the sentence will not be conclusive evidence to prove that the ship conducted in violation of the treaty. OF DEVIATION. A deviation is a voluntary departure, without any necessity, from the usual course of the voyage insured. From the moment this happens, the voyage is changed, the contract of insurance determined and the insurer discharged from any farther liabili- .ty ; for, by the terms of the contract, the voyage agreed upon, and no other is the voyage for which the risk is taken ; and it is an implied condition in the policy, that the ship shall seek her destined port by the shortest, and safest course. Butin cases of necessity, a deviation, limited, however, by the necessity, may be excusable. What amounts to a deviation. By the course of the voyage is not meant the short¬ est possible way from the port of departure to the port of destination ; but the regular, and customary track, if such there be, which usage has made the most safe and con¬ venient. And therefore, the stopping, by the way, at certain places, though out of the direct line, is not a deviation, if such has been the usual and settled practice ; for such usage is supposed to be referred to, in every policy, as much as if it were ex¬ pressed. But a few instances will not make such a usage. The effect oj a deviation is not to vitiate, or avoid, the contract ; but only to deter¬ mine it, from the time of such deviation; but though thus discharged, the insurer may retain the whole premium. _ - . A deviation determines the contract, although, afterwards, the ship resumes her proper course, being still in good condition, to perform the voyage ; for, the contract being once dissolved, can only be renewed by the consent of both parties. The smallncss of the deviation, makes it not less fatal... A ship puts into a port, 320 not in the usual course of her voyage, though It lies in her \yay. This is a deviation. A ship, having liberty to put into one port, puts into another, equally in her way. This is a deviation, and fatal to the contract, though neither the risk, nor the premium would have been greater, had it been allowed by the policy. If there be several ports of discharge mentioned in the policy, the ship must go to them, in the order in which they are named, unless some usage, or particular facts, appear, to vary the general rule. And if the ports of discharge be not specified, the ship must go to them, in their geographical order, or the insurers will be discharged. A ship is insured from Lisbon to England, with liberty to call at any one port in Por-¿ tugal. This gives leave to call at one port in Portugal, in the coarse of her voyage to England. . _ _ But if, by necessity, a ship is compelled to alter the order of the places} this is no deviation. ■ . , The clause, giving liberty " to touch, stay, trade" Sic., must always he interpreted^ as subordinate to the voyage insured ; and however general, they do not give the Cap¬ tain power to change the voyage, but only to extend it to the places, in the usual coursé of the voyage. The true reason why a deviation discharges the insurer, is because the insured has substituted another voyage. Ä letter of marque is not at liberty to cruise in quest of prizes ; but she may givd chase toan enemy, which comes in her way. Jl liberty to cruise, for a certain time, in the voyage, must be taken at one continued period. Witnesses may prove a usage, as explanatory of a clause in a policy} but their opin¬ ion of its meaning, is not admissible. A ship must perform the voyage in a reasonable time, and any unnecessary delay will be equivalent to a deviation. A deviation is not the less fatal, because the risk is not increased by it. The insured has no right to change the bottom, unless from necessity, though to à better ship. Stopping to trade, is a deviation, though touching may not be. Stopping toßsh, in the way, has been held a deviation. lÂberty to touch at a port, differs essentially from delivering a cargo. It is a deviation for a vessel, even during the time when she must be waiting for a car¬ go, as of salt. Sic., to go, out of her insured track, to another place, to transport provi¬ sions for a government, although thereby her insured voyage be expedited, aad though she return to her insured track before she is lost. If a ship is carried out of the way by a public ship, it is not a deviation. If the insured take on board additional cargo, the insurer is discharged} if there is no leave given in the policy. The fear of danger to justify a ship's stay in port, beyond a reasonable timé, must be obvious, immediate, directly applying, to interrupt the voyage. Sic.,—it must be immi¬ nent, not distant, nor contingent. A voluntary departure to avoid a peril, not insured against, is a deviation! Selling a part of the cargo, at a port of necessity, before the vessel is repaired, does not avoid the policy. If one vessel stop, at sea, to save another in distress, it has been held a deviation ; but this has been questioned, and Chief Justice Marshal has intimated, that it is not a devi¬ ation ; yet the point was not directly decided. Mr. Justice Washington declared, that if the object of the deviation be to save the life of man, he would not be the first Judge to exclude such a case from the exceptions to the general rule. A ship delays 23 days, at the port of destination, with the expectation of being per- 42 330 mined to enter; and,bein^ disappointed, sailed to another port, this is not a deviation. Delay in port, to claim cargo seized, is no deviation, if there is any hope of succeeding. deviation, is generally the result of after-thoughts, after interest, after temptation, Uc., and not the result of any previous deliberation. When it is intended before hand, it is always provided for in the policy, unlessyrawá be intended. In all eases of deviation, the places of departure, and destination, are as stated in the policy ;_but where the voyage insured is not the voyage intended, and the captain has instructions accordingly, this is not the case of an intended deviation ; for there can¬ not he a deviation from a voyage, which was never intended ; but it is the case of a different voyage. A mere intention to deviate, and not begun, is not a deviation. In a case of insur¬ ance from Carolina to Lisbon, and thsnce to Bristol ; it appeared, that the master had taken in salt, which he was to deliver at Falmouth, before going to Bristol; but the ship was taken while on the course to both places, and before changing the course to put into Falmouth. It was held, that this was merely an intention to deviate, and did not discharge the underwriters. Where a voyage insured was from Cork to London, the master intended to touch at Weymouth ; but before he turned off for that purpose, he was overtaken by a storm, and driven into that very port. Lord Kenyon held, that this was not a deviation. Our courts adopt the same principle. If there are several tracks to the port of destination, of which the captain ought to be at liberty to elect, when at the dividing point ; but the insured prescribes one of them, the insurer is discharged. But quere; if this be, because it is a deviation. What cases of necessity will justify a deviation. To discbarge the underwriter, it must be a voluntary departure from the usual course, and not warranted by necessity. If the master act bona fide, and only aim at performing the voyage, in the shortest and safest manner, a departure from the direct course will not be a deviation. It is not a deviation, to go out of the way to avoid a danger insured against. In all cases, it is proper, in order to determine this question, to consider the motives, end, and consequences of the act. Stress of weather, will justify a deviation, and the ship is not obliged to return to the point of deviation ; but may make the best of her way to the port of destination. Want of necessary repair, is another excuse for a departure from the usual course of the voyage. The captain may go to the nearest port where such repairs can be had ; and he must content himself with such as can most expeditiously be made. To join convoy, a ship may be justified in going out of her course, when she is war¬ ranted to sail with convoy. To avoid an enemy, is another justifiable cause, when the insurance is against capture. Compulsion by a mutinous crew, will excuse a deviation. The extent of deviation, must be justified by the degree of necessity ; and the in¬ sured must not deviate from the voyage of necessity ; niir delay, unnecessarily ; for that would be a new deviation. A ship Was insured " from St. Ubes to her port cf discharge in the United States." It was held, not to be a deviation, upon her arrival at a port in the United States, to wait there for instructions from the owner for what port of discharge to proceed. To procure seamen, from necessity, part of the crew being lost, or sick, is an excuse for departing from the usual course of the voyage. Ä ship, in imminent peril of capture, may excuse a delay in port, or going out of the way, for convoy; and a ship may pursue an unusual course to avoid capture. If the port of destination be obstructed by ice, and the ship put into^nother port, fairly, and bona fide, this is no deviation. Extraordinary circumstances, rendering it very difficult to determine in what man¬ ner to proceed, will excuse the masier for going out of his course for intelligence, and 331 aiîvice. The master of a ship bound from Boston to Rotterdam, having notice, on the voyage, that, by British orders in council, Rotterdam was placed under the same restrictions, as if actually blockaded, put into Plymouth, in England, for intelligence and advice. This was held no deviation. A ship, chartered for a voyage fr«m London to Norfolk, in Virginia, there to take a cargo for London, being insured from London to her loading port, in Virginia, and back if London, arrived at Norfolk with a load of salt, in January 1808, where an embargo was laid on vessels, and not taken off until March 1S09. The ship might have left Norfolk immediately, it seems, with her outward cargo of salt, or in ballast ; but the master staid until the embargo was taken oíF, and long enough afterwards to take in a cargo of lumber, with which she sailed in August 1809. It was held that this was not a deviation. Insurers may waive the taking any advantage of a devia¬ tion. This must be done in writing, to make it binding ; at least, if it be after the deviation, and after the policy is subscribed. OF LOSS. A loss, in insurance, is the injury or damage the insured has sustained, by the hap¬ pening of one, or more, of the accidents or misfortunes, against which the insurer has undertaken to indemnify him. These perils, as they are usually denominated, are all distinctly enumerated in the policy. y The common policies enumerate the following risks, which the insurers, take upon themselves, viz : " of the seas, fire, enemies, pirates, assailing thieves, restraints and detainments of all kings, princes, or people, of what nation, or quality soever, barratry of the master, (unless the assured be owner of the vessel) and of mariners, and all other losses and misfortunes, which have, or shall come to the damage of the said " &c. Losses are total, or partial. A total loss is understood in two cases—^natural, and legal. In its natural sense, it signifies the absolute destruction of the thing insured. In its legal sense, it means, not only the absolute destruction, but likewise such dam¬ age to the thing insured, though it may specifically remain, or renders it of little, or no value to the owner. So it is said to be total, if, in consequence of the misfortune which has happened, the voyage is lost ; or is not worth pursuing, and the projected adventure frustrated ; or if the value of what is saved be less than the freight. A partial loss is any loss or damage short of, or not amounting to, a total loss ; for if it be not the latter it must be the former. Thus, if a ship, insured for a given voy¬ age, arrive at her port of destination, and there remain moored 24 hours in safety ; or if she be insured for a term, and she survive the term, no injury, which she could have sustained, during such voyage; or such term, however great, can amount to a to¬ tal loss. So in case of goods,—the insurer contracts, that they shall arrive safe, at the port of delivery ; or, if not, that he will indemnify the insured. If they specifically re¬ main, and are actually landed at the port of delivery, however damaged in the voy¬ age, the injury will only amount to a partial loss. Partial losses are sometimes de¬ nominated average losses ; because they are of the nature of those losses, which are the subject of average contributions ; and they are distinguished into general, and par¬ ticular averages. The subject of losses may be thus divided, viz : 1. Loss by perils of the seas. 2. Loss by running foul of another ship. 8. Loss by fire. 4. Loss by capture. 5. Loss by detention of pirates. 6. Loss by Barratry. 1. Loss by aver¬ age contributions. 8. Loss by expense of salvage. 0. Wilful and fraudulent losses. Of these in their order. Loss hy perils of the seas. In a large sense, all the accidents and niis^rtunes, to 332 vphich maratime adventures are exposed, may be called perils of the sea. But it is convenient to distinguish losses, to which ships, and goods, at sea, are liable, by the immediate causes. In this view, losses by the perils of the sea are only understood to mean the accidents, or misfortunes, which proceed from sea damage ; that is, from stress of weather, winds and waves, lightnings and tempests, rocks, sands, ^c. The ship's foundering is, therefore, such a loss ; and it must be total, in the strictest sense of the word. Sírandtn¿-, which is either acciJeniaZ, as where the ship is driven on shore by the winds and waves ; or voluntary, as where she is intentionally run on shore, either to preserve her from a usarse fate, or for some fraudulent purpose. A stranding may be followed by shipwreck, in which case, it becomes a total loss ; or the ship may be got off, in a condition to prosecute the voyage, and then the damage sustained, and the expense incurred, will be in the nature of general average. The ship may strike against a sunken rock, or any other thing, under water, which may occasion the spring¬ ing a leak, or absolute shipwreck. If a ship be not heard afin a reasonable time, she may be presumed to have foun¬ dered. In case a ship has not been heard of in four years after she sailed, the insur¬ er may be sued as fora loss by sinking at sea. In France and Spain, there is a time of limitation for this presumption. In England, there is no such express time; but every case stands upon its own circumstances. When a reasonable time has elapsed, the underwriter will usually pay the loss ; and if a doubt remains, he may either de¬ mand security from the insured to refund, in case of safe arrival afterwards; or he may trust to his remedy by action to recover it back. Every loss must be ascribed to its immediate, not its remote, cause. If a ship be driven by stress of weather on an enemy's coast, and there captured, this is a loss by a capture ;—and yet it has been held, that capture is a loss by perils of the seas, as much as shipwreck. If a ship is destroyed by worms, this is not a loss by the perils of the seas. JDamage to the ship, rigging and furniture, occasioned by the ordinary service the ship is engaged in, the insurer is not answerable for ; but only for such as is occasion¬ ed by extraordinary accidents ; and, in such case, if it be necessary to slip a cable, or a cable be lost, or anchor broke, or mast, or yard carried away, &ic. this is within the sea perils insured against. If animals be insured, their death occasioned by tem¬ pest, shot of an enemy, jettison, or other extraordinary accident, is a loss within the policy. And so, if by disease,—Formerly negro slaves were placed under the same bead, and the same rules were applied to them. LiOss by running foul of another ship. This may be the effect of accident, without, blame to either ; or by the negligence, or misconduct of one, or both. The injury oc¬ casioned by this accident, is a loss within the policy, unless it be imputable to the mis¬ conduct, or fault, of the master or mariners ; and Lord Mansfield considered it one of the perils of the seas ; but, however this may be, it is clearly held to be included in the general perils insured against. Marshall supposes, if it be occasioned by the mis¬ conduct of the master and mariners, it would amount to barratry ; but no case is cited, or known, to support this opinion. An action, however, would lie against the ship, to whose misconduct the loss is imputable. Eoss by fire. Loss by fire, not imputable to the fault of the master, or mariners, is undoubtedly, a loss within the policy ; and in many places the insurer is held liable, if it be by the fault of the master or mariners, or from the qualities, or defects, of the subject insured ; or from the direct, or indirect, operation of some peril, for the con¬ sequences of which the insured is himself answerable ; but in France, in such case, the insurer is not liable, unless by tho policy he be answerable for barratry. IJ a shiprhe burnt by order of the state, where she happens ^o be, to prevent in¬ fection, this is a loss within the policy. 333 J^a ship be attacked by an enemy, and the master find It impossible to defend her— he may leave her, and set her on fire, to prevent her falling into the enemy's hands. In such case the master is justified, and the insurer liable. Loss by capture. Capture is when a ship is subdued, and taken, by an enemy, in open war ; or by way of reprisals ; or by a pirate, with intent to deprive the owner of her. Capture may be with intent to possess ship and cargo ; or only to seize the goods of an enemy ; or contraband goods, which are on board. The former is a capture, the latter only an arrest or detention, without a design to dispossess the own¬ er. Capture is deemed lawful, when made by a declared enemy, according to the laws of war—and unlawful, when against the laws of nations. Every capture, lawful or unlaxvful, is a loss within the policy,—the words being sufficiently comprehensive. And the underwriters are answerable for every loss ac¬ tually sustained ;—as total, where the ship, or the goods, are not restored again ;—or partial, where there is a re-capture, or restoration, before abandonment, in which case the insurer pays the salvage, and other necessary expenses in recovery. As between the insurer and insured, the insurer is liable, whether the property be carried into an enemy's port, or fleet ; or by condemnation ;—that is, in any way ;—changed by the capture, or not. Therefore the length of possession, or any other cause, deemed suf¬ ficient to divest the properly by capture, can make no difference ;—and the effect of capture, and re-capture can make no difference, except in policies without interest. The words " takings at sea, arrests, restraints, and detainments, of all kings, prin¬ ces and people," fyc. protect the insured against all loss by capture and detention ; and capture and^ detention by belligerents, where the property insured is warranted neutral. A seizure is equivalent to a capture. The insurer is liable for the loss of a vessel, taken by government for a fire ship, or the capture of neutral property, by those acting under a commission from the government, of which the insurer is a subject, ip case the risk of capture can be legally insured against. Although, as between the insurer and the insured, there is no question, as to the subject of change of property, in cases of capture; yet it is held, that the property is not changed in favor of a vender, or a recaptor, so as to bar the original owner, until there has been a regular sentence of condemnation. A ship was restored to the own-< er, after fourteen weeks possession by the enemy ; because there had been no con-! demnation. And, in one case, it was held that four years possession, and several voy-: ages performed, will not change the property, without a sentence of condemnation. The insured may abandon in every case of capture. But he is not bound to da it ; for as the law now stands, no capture by the enemy can be so total a loss as to leave no probability of recovery ; for the right of reclaiming continues forever; ex¬ cept in the case of a captured ship converted into a ship of war. If the owner himself should retake his goods, or ship, he will be fully entitled to them ; and if they be retaken, at any time, before, or after condemnation, he will be entitled to restitution, upon payment of a settled salvage. M^hen the insured may abandon, and recover for a total loss, we shall see hereafter under the head of Abandonment. If the insured abandons, the insurer will stand in bis place. The insurer is liable for all charges occasioned by recapture ;—and therefore, for a sum of money, bona fide paid, on a compromise to prevent a condemnation as prize. If the produce of an enemy's country be brought from thence in barques, and put on board a neutral ship, this will be the same, as if the goods were shipped from the shore, in a neutral port. But a neutral's ship, trading to an enemy's colony, with all the advantages of an enemy's ship, is liable to capture. Ransom. Formerly it was a practice to ransom British ships, by delivering what is called a Ransom bill, which secured the captor the stipulated price, and operated as a 334 Bill of Sale to the original owners, and a protection during the remainder of the voyage. A hostage was delivered to the captor, to secure him the punctual payment. This was obligatory upon the owners, and considered a contract, by the law of nations; and actions have been maintained upon them at common law ;—And in case of insurance, this ransom bill was taken as the measure of the demand upon the underwriters. But it was at length determined, that no action could be sustained, by an alien enemy, for any right acquired by war.—And it is declared unlawful, in England, by a statute, to ransom any British ship taken by the enemy. If a ship be recaptured, before she is carried into an enemy's port, she may, with consent of the recaptors, prosecute her original voyage. And the recaptors shall not be obliged to proceed to adjudication, untill after six months, or after the return of the ship. If war is declared after insurance is made, and thereby the risk is increased ; yet the insured is protected by the policy ; for the risk of the breaking out of a war is one of these assumed by the'insurers ; who, on the other hand, are entitled to retain the w'hole premium for a risk taken during a war, in case peace should be declared before the voyage is ended. If a ship be detained in a port after a declaration of war, or is¬ suing letters of reprisal ;—this is a capture, and the insured may abandon, though there be no condemnation ; and the ship, after abandonment, be restored. The taking a neutral ship at sea, under pretence that she is an enemy, is a capture. Loss by detention of princes, ^c. By these, or equivalent words, " arrests or de¬ tainments of all kings, princes or people of what nation, condition or quality soever," (and the words in European and American policies are nearly the same,) make the in¬ surer liable for all losses by detention, by authority of any prince, or public body, claiming to exercise the sovereign power, under what pretence soever. And if the sovereign of the country, to which the ship belongs, or any other sovereign, not at war with him, from motives of necessity ; not of policy, arrest the ship, either singly, or to¬ gether with others, in the same port or harbor, this is a detention by princes. And it differs from capture ; because there is an intention to restore ; or to pay the value to the owner ; and though neither of these should be done, yet it is an arrest of princes, because the character of the act depends upon its original design. An arrest of princes may be at sea, as well as in a port, or harbor ; provided it be done without a view to plunder ; but from public necessity. If a ship be unlawfully arrested, under pretence that she committed some offence against the law of nations ;—this is an arrest of princes. But if, for navigating con¬ trary to the laws of a foreign state, a vessel is seized, this is not an arrest of princes. It may, perhaps, be barratry in the master. An embargo is the most frequent cause of detention by princes, &ic. and it is a de¬ tention of princes, whether lawful or unlawful, and within the policy. The word "people" means'?! people or nation ; not a lawless mob, or rabble ; but a nation in its collective, and political capacity. If a ship, insured " at and from" a port, be arrested in that port—this is an arrest within the policy. A seizure after a cessa¬ tion of hostilities, and preliminary articles of peace signed, is not a capture ; but only an arrest of princes. [Marshal doubts of the authority of this case.] Imminent and immediate danger of capture by the public enemy. Insurance upon cargo from New York to Sweden.—The ship arrived at Winga sound, near Gotten- burg, 14th July, 1812, and remained there, at anchor, till 24th, when the master re¬ ceived intelligence of the war between the U. S. and Great Britain. There was leave to call at Gottenburg for orders. The master proceeded to Gottenburg, to avoid cap¬ ture. The Baltic was thronged with British cruisers, several of which were stationed at Winga Sound ; one, or more, of them being constantly in sight of Gottenburg ;•—and the vessel could not go to sea, without passing them. It was, therefore, impossible to 33Ô pursue the voyage, without exposure to certain capture. The voyage was, therefore, broken up. This was held an arrest, and restraint, within the terms of the policy, and the underwriters were, therefore, liable. In this case, the danger of capture was im¬ minent, immediate, obvious, and certain ; had it been doubtful, uncertain, and not ap¬ parent, the case had been otherwise. It must, sometimes, be a nice point to mark the distinction in these cases. Loss by Barratry. We have already noticed this subject.' (See p. 255.) In some maritime towns, in Europe, insurers are made answerable for barratry, by posi-. tive law. At Rotterdam, 'the owner cannot insure against the barratry of the master of his own appointment ; but is permitted to insure against his neglect, and against the barratry of the sailors, and of such master as may succeed in the command, in foreign countries, without the owner's knowledge, upon the decease or absence of the original master. Lord Mansfield thought it strange, that barratry should ever have crept into insurances. Roceus held the rule, that the insurers cannot be made liable for barra¬ try, if the insured be owner of the ship ; but that, if he only charter her, he may insure against it ; because in that case, the owner appoints the master ; and that where the owner of the goods appoints the master, he cannot be insured against barratry. In France, formerly, the insurer was, from the nature of the contract, considered an¬ swerable for barratry ; but now, it is confined to cases, where it is expressly provided for in the policy. Emerigon even insists, that the insured cannot be insured against barratry, because the master is the insured's own agent. But this objection does not apply, in the case of the owner of the ship, to insurances on goods, in a general ship, which carries the goods of every hody. And even in the case of a particular ship, it may be presumed, that if the insurer does not know the master, he may know his char¬ acter, (or it is his own fault,) for every policy specifies the master ; but then it is gen¬ erally provided, that any other person may go as master, at the election of the insur¬ ed, and by permitting this to stand in the policy, the insurer waives all personal knowl¬ edge of the master, and therefore no objection can fairly be made of the want of such knowledge. It is very important, that this risk should be protected ; otherwise, few men, of small capitals, would embark their property. In England, the owner may be, and usually is, insured against barratry, although the master and mariners are his own agents. In principle, this would be just enough, because no acts of the master.and mariners, with privity, consent, and allowance, of the owner, amount to barratry ; but in practice, it seems to be inexpedient, and to open a door to fraud, inasmuch as it would seldom be possible to prove such privity, consent, and allowance. If the captain himself be insured, no contract whatever could make the insurer liable to him for barratry ; but in such case, the insurer may be liable for the barratry of the sailors. In the United States, the policy, almost invariably, ptovides an exception, which ex¬ cuses the underwriters, for all barratry of the master, where the insured is owner of the ship ; and thus settles the liability of the insurer upon equitable, and safe ground. It has been held, that a deviation, arising from the disobedience of the seamen, is not barratry j unless done with design to defraud the owners. And yet, if a captain cruise in quest of a prize, contrary to his orders, this is held to be barratry, though it be done for the benefit of the owners, as well as the crew. After bills of lading are signed by the captain, and delivered to the owners of the goods, the captain, at the instance of the crew, signs new bills of lading, changing the destination of the ship, and, by this contrivance, the goods are disposed of, for the use of the owners of the ship, and in fraud of the owners of the goods ;—-this, being done with the concurrence of the owner of the ship, is not barratry. If the same person be owner and master, it is obvious he cannot commit barratry ; S36 but a general freighter Is considered as owner of the voyage ; and a deviation, without his knowledge, though with the consent of the original owners, may be barratry. Even dropping an d^nchor, fraudulently, is an act of barratry. Though the words, "in any lawful trade," be inserted in the policy, still the insurer is liable, if the captain commit barratry, on his own account, by smuggling. The insurer will not be liable, unless the loss happen during the voyage, though the barratry, which was the cause of it, was committed before the voyage ended. This was smuggling. Barratry is punished as a pttblic offence, in every state in Europe. Loss by average contribution.—General average. As insurers, by the general words of most policies, and, (it is believed,) of all American policies, are liable against all contributions, which are denominated general average, it is necessary to take a view of this subject ; but this has already been done, to some considerable extent, [see p. 279,] and what has been noticed, need not again be repeated. Petty, of accustomed averages. These are other small charges ;—as, pilotage, ton¬ nage, light money, beaconage, anchorage, bridge toll, quarantine, river charges, signals, instructions, castle money, pier money, digging the ship out of the ice, &.c. which, when incurred in the usual course of the voyage, are not considered as a loss within the policy ; but otherwise, if occasioned by stress of weather, they will then be con¬ sidered general average. Ransom money.—It has been held, in Massachusetts, that a sum of money, bona fide paid, for a ransom after capture, should form an average loss, on ship, and cargo, at the time, and place of incurring the expense. Loss by salvage.-^The insurer is liable for this, like average contributions, within the meaning of most policies ;—'(within all American policies,) according to the forms in common use. These policies contain the following clause : " And in case of any loss or misfortune, it shall be lawful for the assured, his factors, servants, and assigns, to sue, labor, and travel for, in and about the defence, safeguard, and recovery of the said or any part thereof, without prejudice to this Assurance, to the charges whereof the said Insurance Company will contribute, in proportion as the sum assured is to the whole sum at risk." The subject must therefore, sometimes, incidentally occur, in the consideration of partial losses j but as this has already been discussed, we refer the reader to page 290. But there are other cases than these, where the goods have been abandoned. In case of injury by sea water, or other cause, where the damage would be increased by keep¬ ing the goods on board, and they might be rendered of little, or no value on arrival at the port of destination, they are sometimes sold, at some intermediate port. The rea¬ son of selling them is, not to take advantage of the market there ; but to prevent their being spoiled, or totally lost, in consequence of damage, by the perils insured against. In such cases, though the property is not abandoned to the underwriter, the principle of abandonment is assumed, and acted upon,—and the loss is adjusted in the same man¬ ner, as if an abandonment had been made ; and the insurer pays for them, at the in¬ voice price ; or at the valuation ; and is entitled to whatever is saved, after deducting freight, and all expenses incurred. The nett proceeds are in the nature of salvage, and this is accordingly denominated a salvage loss. Wilful, or fraudulent losses.—Piracy, or robbery on the high seas, is an offence against the universal law of society ; and all nations have provided for its punishment. If committed by a subject, it was anciently treason-; if by an alien, felony. Now, it is only felony in a subject. Most countries, as well as the United States, and several States of the Union, have provided by law, for wilful destruction of ships, and other frauds. _ , /• <■ r The peril from pirates, is expressly enumerated in the general form of a policy ; 337 snd it seems, from old authorities, that this risk would be covered under the perils of the seas, though it were not insured against under the description of piracy ;—and in the case of charter-parties, it is expressly considered a peril of the seas. A loss, by a mob overpowering the master and crew, and plundering the ship, or running her upon a reef of rocks, has been considered a loss by pirates. And under the risk of pirates and rovers, or under tiie perils of the seas, the insurer is liable for loss occasioned by a mutiny of the crew. Assailing thieves, and roving thieves, we have already noticed. But in most cases, losses by theft, are not chargeable upon the underwriter ; because generally, they may be prevented by proper care. The insurer is liable for theft, and plunder, consequent upon shipwreck. OF ABANDOIVMENT. When the voyage is lost, or not worth pursuing, and the projected adventure frus¬ trated, by any of the perils insured against, the insured is entitled to call upon the in¬ surer, as fora total loss. But then he must abandon ; that is, he must renounce, and yield up, to the insurer, all his right, title, and claim, to what may be saved; and leave it to him to make the most of it, for his own benefit. The insurer, in such case, stands in the place of the insured. Tlie practice of abandonment, is said to be co-eval with the contract of insurance; yet it dues not seem to be a right, necessarily resulting from this contract, that the in¬ surer should be compelled to become the proprietor of the ship, whose safe arrival he has insured. Most probably, it originated from the practice of occasionally introducing such a stipulation into the policy ; and Judge Buller seemed to doubt, whether it had not been carried too far ; and whether it was expedient, that the insured should be al¬ lowed to abandon, if the thing still existed. This subject is divisible into the following heads, viz : 1. In what cases the insured may abandon. 2. Within what time abandonment must be made. 3. Abandonment of freight, and of commissions. 4. The form of abandonment. 5. The effect of it. 6. The ordering, and disposal of the effects abandoned. Of these in their order. 1. In what cases the insured may abandon. He may abandon, when, by any of the perils insured against, the voyage is lost, or not worth pursuing, and the projected ad¬ venture frustrated; or where the thing is so damaged, and spoiled, as to be of little value to the owner ; or where the salvage is very high, or where what is saved, is of less value than the freight ; or where further expense is necessary, and the insurer will not undertake, at all events, to pay the expenses. In France, it is confined to five cases, viz : capture, shipwreck, stranding, arrests of princes, or the entire loss of the effects insured. The latter case, probably means a general loss. Pothier holds it to mean an almost total loss. Guidon thinks it means, when the loss exceeds half the value. The expression is rather vague ; but it is not very important to ascertain its definite import. In England, the right does not, so much, depend upon the kind of misfortune, as upon the degree of the loss sustained by it. We recognize the same principle. Abandonment in case of capture, or arrest of princes. Capture by an enemy, or a pirate, or an arrest of princes, even an embargo, is prma facie, or presumptive, evi¬ dence, of a total loss ; and immediately, or at any time, while the ship continues under detention, the insured may elect to abandon, and thus entitle himself to claim as for a total loss ; for, from the moment of capture, the owner loses his power and right of dis¬ posal of the thing insured ; and it is equivalent to a total deprivation. It would be un¬ reasonable to oblige the insured to wait the event of the capture, detention, or embargo. Upon a wager policy, there can be no abandonment ; for the insured has nothing to abandon. , And upon a total loss of the thing insured, there is no need of an abandon- 43 338 ment ; and where a ship had not been heard from for six years, it was held unnecessary. But a capture, or arrest, does not, necessarily, terminate in a total loss ; for if, be¬ fore the insured has elected to abandon, he receive advice, that the ship, or goods in¬ sured, are recovered ; or are in safety, he cannot tlien abandon ; because he can only abandon, while it is a total loss, and he knows it to be so j not after a recovery. It is otherwise in F ranee. The right to abandon, may he kept in suspense, by consent of the parties. But a re-capture does not necessarily deprive tlie insured of a right to abandon; for if, by the capture, the voyage is lost, or not worth pursuing ; if the salvage be very high ; if farther expense is necessary, and the insurer will not undertake for it, at all events, he may abándon. The rule is, that if the thing insured be recovered, before any loss is paid, the in¬ sured may claim, as for a total, or paiHial loss, according to the event ; that is, accord¬ ing to the state of the case, when he makes his claim. There is no vested right in the total loss, till the insured, having a right to abandon, elects so to do; for he is only en¬ titled to an indemnity for his loss, as it stands at the time of his abandonment. If, after a total loss paid, the thing insured, be recovered, the insured shall not be obliged to refund ; but the insurer shall stand in his place. Though there he a re-capture', yet if the voyage be lost, or not worth pursuing, the insured may abandon. The insured may abandon upon a mere arrest or embargo, by a prince not an enemy. When the capture proves but a small temporary hindrance, the insured cannot aban¬ don ;—as, if the ship be immediately ransomed, and pursues her voyage. The insured, in any case, is not obliged to abandon. He may do so, if the voyage is not worth pursuing ; but he cannot, merely by an abandonment, turn a partial into a total loss. Insurance against capture, where the ship was captured, and bona fide, condemned, and the ship sold at auction. The captain, who was the owner, and person insured, bought her, at about the fair price, at the place, and time. It was held, that the prop¬ erty was changed ;—thatjt was not a recovery of the ship ; and the price paid, was not in nature of ransom, or salvage ;—and that, therefore, it was a total loss. It would be otherwise, if the master had procured the sale, and bought in, and the owner had accepted ; for this would have been a waiver of the right to abandon. Insurance on cargo.—A loss of more than 50 per cent, by compromise with cap¬ tors, has been held a total loss, no less than sea damage, in that proportion. A loss of half the value of goods insured, though less than half the value of goods on board, belonging to the insured, gives a right to abandon ; but damage to articles insured, free from average, is not included in applying this rule. Loss by the jettison of goods insured—the claim in this case, fora total, or partial loss, has been considered as resting upon the same grounds, as if the goods had been lost by the immediate operation of the peril, on account of which, the jettison is made, and without any act of the master and crew. It has indeed been held, that the in¬ sured, in such case, cannot call upon the insurer, until a demand has been made, in the first instance, of the persons, who are bound to contribute to this loss by the jettison ; and that the insured cannot, in the first instance, make an election, by which a partial, may be turned into a total loss, by construction merely. A different opinion has been entertained in New York, where it has been distinctly adjudged, that, in such case, the insured can recover against the insurer in the first instance, upon the ground, that he has expressly engaged to indemnify him against this loss. But in case of any loss, by the neglect of the insured, or his agents, in demanding contribution ; as, where the master should neglect to have an average proportioned, at the port of discharge, and should deliver the goods to the consignees ; and thus lose the lien upon them for the 339 amount of contribution, it can hardly be doubted, that the underwriter would be exon¬ erated from his liability, as far as the loss would have been made up by the contribu¬ tion from the other parties. The master is the proper agent of the insured in this re¬ spect, whether the insured is owner of the ship, or not. And this was the ground of a decision in Pennsylvania. A mere interruption of the voyage for the season, will not operate a total loss on the cargo. A blockade of the port of destination, does not give a right to abandon the cargo, if the ship has liberty to proceed to another port. An abandonment made after the final decree of restitution, but before the restitution is made, has been held not to be a total loss. This was not the case of capture by one belligerent against another ; for, in such case, where there has been a capture and full possession taken by the belligerent, and that possession continues, there is a total loss. The arrest, or detention, which authorizes an abandonment, must be such an one as will probably be of long continuance ; or at least, of which the duration is uncertain. It was held, in Genoa, that a detention of the ship, merely for the purpose of discharg¬ ing the cargo, which was taken by government, for the public service, did not*give a right to abandon the ship. It has been held that, where a ship insured was abandoned, before a compromise made with the captors of the ship, the purchase of the ship, by the captain, is for the benefit of the insure'r, if he choses to take it ; but frotn other cases, we may gather this doctrine, that if the master, as agent of the insured, or the insurer, (as the case may be,) act honestly, and bona.fide, for th« best interest of the concerned, that he shall not be subjected to the inconvenience, and loss, of taking a bad bargain, if it prove such ; and losing a good one, if it turn out so ; but that his act, bona fide, as agent, shall bind the principal, whether it be the insurer, or the insured ; and this seems the better doctrine. But if the assured refuses to adopt the act of the captain, it is his own fault ;—and if, thereby, a total loss arises, when, otherwise, it would have been only a partial loss, it cannot be said, that the total loss is a direct and necessary consequence of the peril insured against. It is not universally true that, because a ship has been once captured, the insured may abandon, at any time afterwards. The rule is, that if the thing insured be re¬ covered before any partial loss is paid, the insured is only entitled to a partial, or total" loss, according to the final event. A ship is captured, and all hands, hut the mate and one man, taken out. After 17 days, she is re-captured, and sent into an English port, where she arrives a month after the capture ; yet, the voyage not being lost, the in¬ sured shall not be allowed to abandon, after the ship's arrival. While the ship is in the hands of the enemy, she is considered as totally lost ; yet the property is not changed, but reverts in the original owner on re-capture ; but this does not always prevent the loss from being total, as above stated. On re-capture, the property returns to the original owner, subject to salvage. The insurer, in case of total loss, ought never to pay less than the value, nor the insured to receive more. If, on re-capture, the master sell the ship and cargo, as the best that can be done for all concerned, the insured may abandon. If the captain purchase the ship from the captors, for account of his owners ;—the money being paid, this is in the nature of salvage, and is only a partial loss. In case of a capture and condemnation, it was held, that an abandonment was not necessary to the recovery of a total loss ; and the jury estimated the value of the chance of a reversal. 340 But in a later case, this opinion seems to be shaken ; and the court seemed to think an abandonment necessary to the recovery of a total loss, after capture and condem¬ nation. After all, perhaps, the distinction is, that where there is an abandonment, the risk is thrown upon the insurer ;—and where there is none, the insured takes his chance of recovering, according to his actual loss,—whetlier, in the event, it prove total, or partial. OJ" the right to abandon for other causes. Shipwreck, is a general total loss;—the wreck may remain ;—may be saved ;—but the ship is lost. A thing may be said to be destroyed, when it is so broken, disjointed, or otherwise injured, that it no longer exists in its original nature and essence. So the goods may remain ; but if no ship can be procured, in a reasonable time, to carry them to the destined port, the voyage is lost, and the adventure frustrated. But a stranding, is not, of itself, deemed a total loss, for if, by fortunate accident, exertions of the crew, or borrowed assistance, the ship be got off, and rendered capa¬ ble of pursuing her voyage, it is not a total loss ; and the insurers are rendered liable for the expense occasioned by the stranding. It is only when the stranding is followed by shipwreck ; or in any other way, renders the ship incapable of pursuing the voyage; Or that the expense of repairs will exceed half her value, that the insured is entitled to abandon ; but it has been held in New York, that one may abandon, or not, in case ol stranding. In regard to the expense of repairs of a ship damaged, by some peril insured against, to' an amount exceeding half her value, it does not seem to be settled, uniformly, whether the rule adopted in partial losses, of deducting one third, between new and old, applies. The opinions are different ; and the point seems undecided. The bet¬ ter opinion seems to be, that the rule does not apply in this case. If, in case of damage to the ship, by a peril insured against, the insurer will be at the expense of putting the vessel in proper repair, the insured cannot abandon. But although this has been ruled in several cases, yet able Judges have expressed a dif¬ ferent opinion. The doctrine laid down by Chief Justice Parsons, Mr. Justice Washington, and the Court of Pennsylvania, that if the insurer will, at all events, assume the expense of re¬ pairing a ship, damaged by a peril insured against, the insured shall not be allowed to abandon, has been questioned by Mr. Justice Story, and Mr. Justice Smith, of Con¬ necticut, who hold, that if the right to abandon has been once vested, that an act of the insured alone, cannot, defeat the right ; and that so are the English authorities ; and the latter says, he cannot admit, that the refusal of the insurer to assume the expense of repairs, can turn a partial, into a total loss, in any event. Their doctrine appears to be this, that if the loss is clearly total ; that is, if the repairs will exceed half the val¬ ue,—the right is absolutely vested ; and that nothing, but the consent of both parties, or the waiver of the insured, can devest the right to abandon. If the repairs will not exceed half the value, the loss cannot be total. The insured cannot abandon, because a sale ol the property has made the loss total. JVo partial loss, however great, can be turned into a total loss. A ship performed her voyage ; but was so damaged, as not to be worth repairing ; yet as the damage was estimated by the jury at only 48 per cent. ;—it was held not a total loss, and, that the insured could not abandon. If a ship perform her voyage, and remain 24 hours in safety, at her port of destina¬ tion ;—this cannot be a total loss. A similar principle prevails in case of an insurance for a term. And in case of a policy for a term, a partial loss happens ; and afterwards, within the term, a total loss ; the insurer is liable for both. But if the voyage be lost ; from whatever cause, it is a total loss. On a voyage from Tortola to London, the ship is obliged to put back, on the third day, and cannot 341 be repaired there, and no other ship can be procured. This is a total loss, oí ship freight, and cargo, and the insured may abandon. If the cargo be damaged, so as to be reduced in value to less than the freight, it is a total loss. In France, the insured may abandon goods, in case of shipwrecß, though the goods may be recovered ; because, in such case, they are generally much injured ; but if the ship become innavigable, he cannot abandon goods, if, by any other ship, they may be conveyed, in time, to their place of destination. 2. Within what time the insured may abandon. It seems reasonable, that some time should be fixed to limit the insurers responsibility. In France, Spain, and Hol¬ land, it is limited by law. In England, as soon as the insured is informed of a total loss, he must elect to abandon, or not. If he mean to do so, he must give reasonable notice to the insur¬ ers ; otherwise he will waive his right to abandon, by unnecessary delay ; for, unless he does some act, signifying his intention to abandon, it will be only a partial loss, whatever may be the nature of the case. Twenty days after notice of the loss was considered too long a delay, in one case.. If an insured has abandoned, to prior insurers, the whole property, he cannot aban¬ don to subsequent insurers. When the thing insured, is taken out of the hands of the insured, by some peril, or act, not insured against in the policy, he cannot abandon. A ship, insured against sea risks only, suffered some sea damage, which constituted a constructive total loss ; and was afterwards captured. It was held, that the insured could not abandon. But the actual loss may be recovered. The insured must not take time to speculate before he elects to abandon. The de¬ lay allowed him by law is only such, as circumstances may render reasonable, in order to ascertain, whether the constructive loss will continue total ; as in case of capture, where an acquital, or recapture, may be probable ; or in case of stranding, when there is a probability of getting the ship off, in a situation of proceeding, after a short delay. The doctrine of allowing the insured a reasonable time, in these cases, has been extended farther in our courts than in the English ; but it has been held, here, that it will be a forfeiture of the right to abandon, if the insured delays upon views of speculation. The meaning of the clause, which enables the insured to labor. Sic. for the recov¬ ery of the goods, without prejudice, &lc. is, that—until the insured has been informed of what has happened, and have an oportunity to exercis-e his own judgment, no act of the master shall prejudice the right to abandon. The insured is bound to decide, and give notice of the decision, the first opportunity ;—if he neglect this, he adopts the act of the agent. If the captain be continued, after notice of an abandonment, he is the agent of the insurer. recaptured ship is carried to a distant port, and there sold, for the benefit of the insured, and the insured gave directions, to the agent, to have the proceeds remitted to them} but afterwards, and four months after the insured had notice of the loss, he gave notice of the abandonment. This was held too late. If the underwriter demands an abandonment of more than he has insured, this need not prevent the insured from abandoning to the amount insured ; but if he neglect this, he shall not, afterwards, recover as for a total loss. But if the insurer, in any manner, prevents an abanclonment, he shall pay to the full amount of the sum insured. If there he no intelligence, in a reasonable time, the insured may abandon. 3. .Abandonment of freight and of commissions. The general doctrines, relative to freight, have already been considered; (See p. 271 ;) but we have now to see how cases of freight may affect the parties, in a contract for insurance. As far as freight in¬ sured has been earned, and become absolutely due, the contract for insurance has been 342 satisfied. If freights, between different ports, successively, and becoming absolutely due, at the several ports of delivery, are insured, in one policy ; and, after one, or more, of the freights earned, a total loss, upon this interest, takes place, an abandonment can have relation, only to the freijg-ht pending at the time of the loss ; for in respect to tlie freights previously earned, they have either been paid to the insured, or his claim to them has become absolute, and has ceased to be exposed to the perils insured against ; and in respect to these, the insurers are discharged. An abandonment therefore can have no operation upon freight earned. A policy upon freight can only transfer certain rights and advantages in relation to freight, which is pending, in which an interest has accrued on account of a contract concerning it, and something done towards earning it. Accordingly, if the ship, and cargo, are both entirely lost, though the loss happen after a greater part of the voyage is performed, no abandonment is necessary to recover for a total loss of freight;—there is nothing to abandon ;—since the insured has not, in this case, acquired any rights, which can be of any value to the underwriters, it having become utterly impossible to earn any part "of the freight insured. Freight was insured ;—the ship put back, and was sold on account of damage ; and the cargo was also sold. It was objected, in an action to recover for a total loss of freight, that there was no abandonment ; but the court held, that an abandonment was unnecessary ; and said, there was nothing to abandon. " v An abandonment of freight does not transfer the right of using the ship to the insur¬ er, to complete the earning of freight. This would be to make the contract of af¬ freightment, or charter-party, run with the vessel ; so that, if the ship were, at the same time, abandoned to a different insurer, it would pass to him, encumbered with an obligation to carry on the cargo to the port of destination. Lord Ellenborough said, in reasoning upon the principle,—" put the case of a man purchasing a waggon, as it is going laden with goods;—he is not bound to carry the goods to their journey's end." A policy upon expected profits does not seem to offer any thing upon which an abandonment can operate. In a policy on profits, upon goods, if part only, are pre¬ vented from arriving, it constitutes a partial loss upon this interest ; but the arrival of part, however small, does not make a constructive total loss of .the interest, whereby the insured is entitled to transfer the goods, or such part, and recover the whole amount at which the interest is valued in the policy. It is never considered, that an abandonment, of such an interest, transfers any property in the goods. Under an abandonment of freight the insurer may, in some instances, avail himself, individually, of what has been done towards earning freight. He may receive any pro rata freight previous to the loss, on account of which the.abandonment is made ; but not so of profits ; for there is not ;—there cannot be, any profits in such case. It seems there¬ fore, that an abandonment of profits cannot be any thing more than an idle ceremony. Insurance on Commissions. In this case, the right of abandonment seems to de¬ pend upon the same principles as insurance on freight. The insured cannot abandon the right of earning commissions ;—as far as they have been earned, and become ab¬ solutely dtie, the underwriters are discharged from their liability; this being equivalent to the arrival of goods, at the port of destination, in the case of a policy on the cargo. The only right, then, which can pass by an abandonment, under a policy upon com¬ missions, is that of receiving the commissions, towards the earning of which, the insur¬ ed has done all that he was bound to do ; but the absolute claim to which depends upon some future contingency. If a supercargo is to receive, for selling the outward bound cargo, and investing the proceeds, a certain per centage on the sales of the re¬ turn cargo; and the ship is arrested on the homeward voyage, the insured may, by abandonment, transfer to the insurer the right of receiving his commissions in the event of the release, and subsequent arrival of the goods. A case of this sort seems to be 343 / the only one, where anj' right, or benefit, could be transferred by an abandonment, in such an insurance ;—and if so, it can only be, in cases of this sort, that an abandon¬ ment is necessary, under a policy insuring commissions. It has been held, that there is no necessity of an abandonment in a re-assurance. The re-assured could not abandon, without accepting the abandonment of the in¬ sured ; since, otherwise, he has nothing to abandon and it might be to his disadvan¬ tage to compel his assured, in all cases, to accept an abandonment. The same peril, and to the same extent, ought to exist, to authorize a recovery on a policy upon freight, as on a policy upon a ship. But a constructive. Or absolute, total »loss of the ship, does not, necesarily, occasion the absolute and entire loss of the freight; —it may have this efTect ; but in some cases, it will only amount to a partial loss. In case of shipwreck, and where the cargo is received at an intermediate port, a pro rata freight, at least, is due ; and so a part of the insurance contract is satisfied ;—this would, therefore, be only a partial loss; and in case the master is ready to carry the goods to the port of destination, in another ship ; but tlie consignees choose to receive them at an intermediate port; here there is neither a total, nor a partial loss. Hut in case of shipwreck, where the master hires another vessel to convey the goods to the port of destination ;—although the master would not do this, unless the freight in the new ship is less than the whole freight originally stipulated ; yet the event of transportation, in the new ship, is contingent ; and it is doubtful, whether any thing will be finally realized, and no payment of freight, for any part, becomes absolute, un¬ til the actual delivery of the goods at the destined port ;—the whole is considered as lost, for the time, and the insured may abandon, and recover a total loss. It seems, that if, in such case, the captain neglects to procure another vessel, where one may be procured, this is at the risk of the insured, and that the insurer will not, for this cause, be liable in a greater amount. If the freight be lost by the master's not carrying the goods to the place of destina¬ tion, or offering so to do, when the ship is sufficient for this purpose; though a short delay, for repairs, may be necessary, it is not a loss within the policy. A loss of the cargo will occasion a total loss of the freight, though the ship may per¬ form the voyage, without sustaining any injury ; but if, in such case, another cargo be procured for the voyage, or a part of it, the freight earned, by carrying the substituted cargo, is considered in the nature of salvage under the policy. But where a ship," the freight of which was insured, put back to her port of departure, and the ship and cargo were sold there for the benefit of the owner, it was held a total loss of freight. But if the ship, so driven back, had taken in another full cargo, at a lower freight, the insured would have been entitled to the difference. It has been held, that when the loading of an intended cargo was prevented by a temporary detention of the ship, and another cargo was subsequently procured, and the freight of this cargo earned, it was not a total loss ;—the freight earned, vvas not con¬ sidered to be salvage. A total loss of freight, is a loss of what is at risk at the time. If any part has been earned, and paid, it makes no difference, as the part paid is so much salvage in the hands of the insured ; so that it would make no difference, whether it is considered a total loss of the whole, or a total loss of the unpaid freight, or freight pending. An abandonment of the ship, does not take away the right of abandoning the freight, in case of a constructive total loss, by capture or detention, or sea damage. It is plain, that, in these cases, if the ship were not abandoned, and being released, or repaired, performed the voyage, and the insured, having a right to abandon the freight, should do so, the insurers would be entitled to the freight earned eventually, as salvage. The right to abandon, depends upon the existing facts at the time of the last intel¬ ligence ; not according to the intelligence. This was formerly held otherwise ; but the 344 law seeras now to be settled, that the facts, existing at the time, when tne abandon¬ ment is made, are to determine whether the insured has the right or not; otherwise, an abandonment might be made, when there was in fact no loss at all. For instance' the last intelligence might be merely of a capture, and, at the time of abandonment,' there might be a restoration. Uponwhat intelligence an abandonment maybe made. If, upon false intelligence, it is not valid. It is doubtful, whether mere newspaper intelligence, is sufficient. Mere rumors of a loss, cannot, generally, be relied upon, but if there is a report of a loss, an abandonment may be made, it the act is bonaßde; and if the report proves to be well founded, an abandonment, in consequence of the report, will be effectual. • •^n abandonment of the ship, carries with it the pending, and subsequently earned freight. In JVetv York, it has been decided, that the freight, in, such case, ought to be apportioned ; and where a constructive total loss, upon which the abandonment was made, happened when the ship had performed eight-ninths of her voyage, that the in¬ surer, upon freight, was entitled to the eight-ninths of the freight, and the insurer on the ship, to the other ninth part, which was subsequently earned. And a similar doctrine has been held in Massachusetts. Tiie amount of the doctrine may be reduced to this plain position, the freight of the ship belongs to the owner. 4. Form of an abandonment. There is no need of a formal protest for this purpose, as in some countries is usual ; and no particular form is necessary, provided it is ex¬ plicit, and not to be taken as a mere inlerence from an equivocal fact. Where the in¬ sured informs the insurer, that the ship has been stranded, and the goods damaged, and the insurer desires the insured to do the best he can with the goods, this will not turn a partial, into a total, loss. There must be notice of an abandonment to the in¬ surer, or the agent, who subscribed for him, if the insured means to abandon. In general, the abandonment must be entire ; not, in case of effects part rotten, for that part only. But if different articles are insured by different policies ; or if, in the same policy, they are separately valued, I may abandon either, though in the same policy. So, if the policy distinguish so much on ship, and so much on cargo, and the ship, in her course, is condemned ; but not if both are insured for an entire sum. Jin abandonment must be simple, and unconditional. In many places, abandon¬ ments are made in writing ; and courts have lamented that this is not required in all cases ; but there is no provision for it in the contract. In many countries, as in this, the transfer of ships must be in writing, and in a particular manner ; and the insured to whom a ship was abandoned, would be subjected, in a great measure, to a loss of the salvage, if he had no written transfer ; perhaps the case has never occurred ; but it may be considered, should such a case ever arise, that it would amount to a waiver of abandonment. It was held, in one case, that a letter to the insurer, containing a statement of the loss, and enclosing an account of the sales of the property, and claiming the balance of the amount insured, after deducting the salvage ; amounted to a sufficient abandonment. Sometimes, courts seem to have been more strict, and to consider, that the words, I abandon, or something equivalent, should be expressly used. .Acceptance of an abandonment. An acceptance may supply any merely formal in¬ sufficiency in the abandonment ; but it is not necessary to its validity and effect, if made in due form, and for sufficient cause. An acceptance, to be binding, must be made by persons authorized. Where by the act incorporating an insurance company, it was provided, that no loss should be paid, without the approbation of, at least, four of the directors, with the president and his assistants, it was held, that an agreement by the president and his assistants only, was not such an acceptance as bound the company. • The mere silence of the insurer, when an abandonment is made, is not to be constru¬ ed an acceptance. But it has been held, that where the insurer lies by three months, 345 and jnakes no objeciion, and aftorwards refuses, that this delay on his part, amounts to an acquiescence ; but there seems to be no definite ruleupon this subject ; and there is no established prescribed mode of abandoning, or of accepting an abandonment. Whether the insurer accepts, or not, is a matter of construction upon his words and conduct. Any act done, in order to make the most of the property for whom it might concern, ought not to prejudice the actor in it ;—accordingly, where an agent of the insurer on freight,superintended, and directed the unloading the ship,—^this was not con¬ strued an acceptance of the abandonment. But where an insurer does an act, in con¬ sequence of an abandonment, which cannot be justified, only under a right derived from it, this is decisive evidence of an acceptance. If he should proceed to sell the vessel, with an express protest against the acceptance, and a declaration that he did it for the owner, his act would conclusively bind him- The appointment of an agent to get ofFa strantfed ship,—and taking the possession of her, to get her off, and subse¬ quently keeping possession, though for the purpose of repairing her for the use of the assured, is construed an acceptance. Revocation oj abandonment. If the ship abandoned, is afterwards sold by the in¬ sured on his own account, this is a revocation ; but the sale of the ship after abandon¬ ment, is not, necessarily, a revocation. Where an abandonment, rightful, was refused by the insurer, and the insured sold the ship at auction, to make the most of her, it was held, that he was a trustee by necessity, of the insurer, and acting bona fide, it was not a revocation. Ordering the sale of tb.e cargo, and a remittance of the proceeds, was held not to be a revocation. But if the insured unnecessarily involves the prop¬ erty in new speculations, this is receding from his abandonment. This is usually called doing acts of ownership, as distinguished from the superintendance, intended merely for the preservation of the property. So despatching the ship on another voyage, is a revocation of the abandonment. And if the insured repairs the ship, without consult¬ ing with the insurer, it will be a waiver of his claim to a total loss. 5. Effect of an abandonment. It transfers the property saved from the insured to the insurer, and it has relation back to the commencement of the voyage ; but an aban¬ donment, considered as an assignment, relates to the time of the loss ; and it has been held, that the abandonment itself relates only to that time. This, in France, is other¬ wise ; and is carried so far, there, that it transfers the freight also, which the ship has earned ; but in England, and with us, freight is insurable separately, and an abandon¬ ment of the ship does not transfer the freight. When the insurance is less than the property at risk, the abandonment is in the same proportion ;—the insured is his own insurer for the difference. If goods be insured, and money borrowed on respondentia for the residue, the in¬ surer will have a legal title to what is abandoned, and the lender an equitable claim for his proportion. But by the law of France, the lender's claim, in such case, is pre¬ ferred to that of the insurer. If there be three policies upon one ship and cargo ;—one on the ship and cargo, one on the ship, and one on the cargo, Emerigon thinks, that the insurer on ship and car¬ go has an equal claim with the insurer on cargo only, upon the effects saved ; and that he has a like claim on the freight, and the remains of the'ship, with the insurer on the ship. For example :—if a ship be valued at £5000, Cargo at £5000, and these are insured by different policies, thus ;—on ship and cargo, £3000—on ship, £3000—on cargo, £1000.—Uninsured, £1000. A shipwreck happens ;—and net proceeds are, of the ship, £400—and of cargo, £500. Total, £1000. "The French and English computations would be thus :— 44 346 Faxrch. Owners of ship and cargo uninsured, £ 100 Insurer of ship and cargo, 1-2 of not proceeds, 225 Same to Insurer of ship, 225 Insurer of cargo 1-2 the goods saved, 225 Same to insurer of ship and cargo, 225 £1000 , V , Enous«. Owners for ship and cargo uninsured, £100 Insurers of ship and cargo, 1-2 of 3-5ths of ) produce of the wreck, Í loO Insurer on ship, 3-5th3 of the wreck, 30O Insurer on cargo, 3-5ths of goods saved, 300 Insurer on ship andcargo, 1-2 of 3-5tbs of) goods saved. J £1000 If, after the loss is paid, compensation be made to the owner, this shall go to the insurer. ^ the ship, after abandonment, arrive safe, the insurer shall have all the profit of the voyage ; but he cannot compel the insured to take back the thing insured, and refund the money. Jin abandonment, once properhj made, the loss being, in fact, total, at the time of making it, is irrevocable ; except by mutual consent; but if it be made upon insuf¬ ficient ground, it will be void. An abandonment to several insurers, does not make them liable as partners. 6. Of ordering, and disposal of effects abandoned. The meaning and intent of the clause, in the policy, authorizing the insured, in case of loss or misfortune, to save the effects, at the expense of the insurer, and without prejudice to the insurance, is often for his benefit, and imposes upon him a duty, in honor, in justice, and in conscience, to save as much as possible. And it is particularly the captain's duty, to employ all his skill, courage and industry, in the protection, and care of what maybe saved.— And he has an implied authority, both from the insurer, and the insured, to do whatever he thinks best, for the benefit of all concerned. He may, therefore, hire another ship to transport the property saved, or he may invest the produce of the goods saved, in other goods, and .ship them ;—which he may ship to the port of destination, and this shall bind the insurer. The goods saved, are the insurer's, in case of an abandonment, otherwise they are the property of the assured. Seamen are also bound to save, and preserve, the goods, to the best of their power ; and while so employed, they are en¬ titled to wages ; but if they refuse, they have neither wages, nor reward. In this, the Rhodian law, Laws of Oleron, of Wisbuy, and of the Hans Towns, all agree. Salvage received by the assured, or lost by his default, must be deducted from the loss. An abandonment of goods, where the owners thereby become owners of the sal¬ vage, makes them liable for the freight, pending at the time, which shall be finally earned. If the insurers take the goods at all, they take them subject to this incum¬ brance. But cases may occur, in which the goods are not worth the freight. The question arises only, when the deterioration in value is occasioned by a peril insured against ; for if it arises from a peril not insured against, it seems, that the insured ought not only to pay the freight, but to account to the insurers for the value of the goods in a sound state, supposing the damage to have happened before the peril, by reason of which the abandonment was made ; for he is the insurer in such case. Some ques¬ tions upon this point yet remain rather indefinite, and not sufficiently settled. Such injury to the goods generally happens by sea damage, and if the insurance is against capture and detention only, according to some cases, if the sea damage happens after the constructive total loss by capture or detention, it seems that such loss is not among the effects of the usual perils, for which the insurer is liable ;—and should this doctrine be adopted, it would seem to follow, that the insurer may be compelled to pay a total loss, but refuse to accept the salvage, and thus avoid the charge in question. But it would seem that, in such case, the insurer ought to be required to signify, immediately, that he refuses to accept the salvage, upon this ground ; otherwise, the condition of the parties would not be reciprocal. 347 ADJUSTMENT OF LOSSES. This is the ascertaining the amount of indemnity, to which the insured, after a loss, is entitled, after proper allowances and deductions are made, and fixing the propor¬ tion each party is to receive. By the general law of merchants, the insured's con¬ tract ought not to be lucrative ; but a mere indemnity, to be ascertained, not by subtil- ties ; but by fair and open rules, the dictates of common sense, drawn from the truth of the case. How the quantum of damage is to be ascertained. When the loss is admitted to be total, and the policy is a valued one, the insurer is entitled to the whole sum, subject to such deductions as may be stipulated, in the policy, in case of loss. Upon a valued policy, and total loss, in an insurance upon goods, the insured has only to prove, that the goods valued, were on board. Upon an open policy, it is ne¬ cessary to prove the value also, which sum, not exceeding the sum insured, the insurer is liable for. But in case of a partial loss, an inquiry must be made as to the value, whether it be an open, or a valued policy. When there is a total loss of one individual parcel, capable of a distinct valuation j as, if out of 100 hogsheads of sugar, 10 are lost, and the rest arrive safe, the insurer shall pay the value of the ten. When part are saved, and this exceeds the value of the freight, the practice is to deduct the freight from the goods saved, and make up the loss upon the difference ; but when the freight exceeds, the loss is total. When the goods are damaged, in whole, or in part, the quantum of damage must be ascertained by deducting their value, in their damaged state, from the prime cost, and the remainder will be the amount of the loss. If several articles are insured for one entire sum ; but with a distinct valuation to each ; and only one be put in risk ;—if that one be lost, the insurer shall recover such a proportion of the sum insured, as the value of that article bore to the whole risk. Where there is a clause to be free from average under so much per cent., and a loss, by that risk, takes place, the proportion the loss bears to the whole cargo, must be cal¬ culated upon the cargo, which was on board when the loss happened ; and not at any other time. OF RETURN OF PREMIUM. Very little is necessary to be observed upon this subject. As the premium is the consideration of the risk, if that is never actually incurred, the premium is returnable ; but there are certain exceptions to this rule, which will be briefly noticed— Where the risk is not run, whether owing to the fault, pleasure, or will, of the insur¬ ed, the premium must be returned, making the deduction provided for in the policy, which is usually ^ per cent ; but if the property has been exposed to the risks insured against, for ever so short a period, so that the insurers might have been liable for a loss, there shall be no return of premium. The risk may have terminated, in fact, before the policy is made ; yet, if it be so made, that it would have applied to any loss, which might have happened during the risk, no return of premium can be demanded. Where only a part of the value insured is exposed to the risk, the same principle ap¬ plies, and the insured is entitled to a return of premium, in proportion to the part, which has not been exposed to the risk. Return of premium for prior insurance. American policies contain a provision, that if the insured has made any prior insurance, the insurer shall be answerable, only for so much, as the amount of such prior insurance may be deficient towards recover- 348 ing the property, and shall return the premium, upon so much of the sum insured, as they shall be exonerated from, by such prior insurance, excepting one half per cent, or words equivalent. In such case, the words " prior in date," if used, are equivalent to prior in time, and if different policies are executed on the same day, evidence will be admitted to shew which was first executed. It is obvious, that the question of pri¬ ority, in such case, is applicable only where the prior policy is upon the same subjects and against the same risks. - ' In an insurance against a supposed blockade, when there was no such blockade, the premium is to be returned. There is no return of premium upon the ground that the property has been exposed to only a part of the risks insured against, but it is other¬ wise, if only a part of the property has been exposed to the risks. And successive risks insured against in the samcpolicy, may make a distinction, for in such case, the premium for each of the successive risks, which has not been incur- ed, shall be returned ; but if the whole he one continued risk, if it has once com¬ menced, the premium shall not be returned. Where there has been a contingency in a voyage, the risk has been apportioned. It depends upon the fact, whether it is one voyage, or one risk, or more than one. In an insurance for a year, and capture after two months, no return of premium was allowed. The risk to successive ports is not apportioned, and so no return of premium in such cases. A stipulation for return of premium in case of convoy, or safe arrival, or arrival without any loss. This is in the nature of an enhancement of premium, in case of loss. It is somewhat in nature of a wager, and in some degree a departure from the principle of an indemnity. It is a condition, and if it be equitably complied with, the premium is to be returned, according to the stipulation. A forfeiture of a warranty, or condition, is a ground for return of premium ; for, in such case, the risk has never attached. In consequence of a breach of warranty, without any breach, the risk is never incurred. If the ship is not sea-worthy, the risk is never run ; for sea-worthiness is an implied warranty and so of any other warranty, not complied with, in all these cases there is to he a return of the premium. In one case, in Massachusetts, where a ship actu¬ ally performed the voyage ; yet, having a latent defect, which rendered her unsear worthy, the premium was recovered back. A vessel was warranted Danish, and condemned as French. It was held, that there must be a return of the premium ;—as it was a breach of the warranty ; and no fraud appearing, because no risk was run, the premium was recovered back. Aforfeiture of warranty of national character, without fraud, entitles the insured to a return of premium. Fraud in the insurer, as where he insures a ship whose safe arrival he knows of, entitles the insured to a return of premium ; and some say, he shall not retain the half per cent, which seems so consonant to good sense, and justice, that it would pro¬ bably be held as law, if such a case should come into litigation. In all cases, where the insured has returned back the premium, the honesty, and fairness, of the insured is one of the conditions of such recovery. But where fraud appears in the insured, as where the policy was void , on account of his concealing a letter, containing material information, the court will not adjudge a return of the premium. If the contract is void for illegality, the premium, generally, will not be returned, but a distinction has been made between a contract executed, and a contract execu¬ tory. If an action for a return of premium be broug"ht, upon the ground, that the law was mistaken, before the supposed risk terminates, there have been cases, where a re¬ covery of the premium has been had. So where the voyage was illegal, for want of 349 a license, and the insured endeavored to procure one, and had reason to believe that One would be obtained ; but was disappointed j—in this case he recovered back the premium. Where both parties are equally involved in the illegal act, although the insurers could not have prevailed to recover it ; yet, having received it, the insured is not per¬ mitted to recover it back ; because his claim is founded in his own violation of law. Audsoit has been held, in New-York,—and upon the same ground, if the insurer has paid a loss upon an illegal policy, he is not permitted to recover it back. How the loss shall he appreciated. The true price of any thing, is that which things, of the like nature, and quality, are usually sold for, in the place where they are situated, if real property ; in the place wliere they are exposed to sale, if personal. The first price is not always the true value ; therefore, in a general average, the things saved contribute, not according to the first cost ; but the price they may be sold for, at the time of settling the average. Different rules prevail in different coun¬ tries. In England, if the policy be an open one, it is an invariable rule to estimate a total loss, not by any supposed price at the time of the loss, or for which they might have been sold, had they reached the market, for which they were destined ; but ac¬ cording to the prime cost ] that is, the invoice price, and all duties and expenses till they are put on board, together with the premium ;—and this is the rule, whether the loss be total, or partial, on goods- Nor does the difference in exchange make any difference ; for that affects not the insurance ; nor was it within the contract. A ship is valued at the sum she was worth when she sailed on the voyage insured, including the expense of repairs, the value of her furniture, provisions and stores, ad¬ vance wages, and in general, every expense of outfit, to which is added the premium. A partial loss, on ship, or goods, is that proportion of the prime cost, which is equal to the diminution in value occasioned by the particular damage. The following case was upon a valued policy. Sugars, valued at £30. per hogs¬ head, were so damaged by the voyage, that they produced, at the port of delivery, only £20. 0. 8 per hogshead ; but if sound, would have sold for £23 7. 8—difference £3 7. 0 per hogshead. The loss in this case, is that prpprortion of £30.—(the value in the policy) which £3 7. 0, the difference between damaged and sound, at the port of delivery, bears to £23 7. 8, the price of sound at the port of delivery. The amount of the loss does not depend upon the prices in the market, at the port of delivery ; but the proportion of the prime cost, which the loss amounts to, may be ascertained, and found by the prices which damaged and sound bear to each other, at the port of de¬ livery. An insurer is never to he involved in the rise and fall of the market. The right of the insurer accrues upon the ships arrival, and landing her cargo. No speculation of the insured can increase, or diminish, the amount of the loss. IJ the value in the policy exceed the interest of the insured, the loss is adjudged in the same manner, as in an open policy, and the computation must be made by the real interest on board ; not by the value in the policy. Hffcct of an adjustment. An adjustment, signed by the underwriters, is prima Ja¬ de evidence against them ; and sufficient of itself, if not impeached, to entitle the in- sured'to recover, without further proof. It is not, however, conclusive ; it may be impeached by evidence ; but not by doubts or surmises. Acceptance of an abandonment is an adjustment of a total loss, as total.. INDEX. tndez to ike Law of Ships and Shipping. Act of God, 268, 269. Admiralty, jurisdiction, 248,249. may dismiss a ship master 252. sentence of unfitness of ship, and or¬ der to sell her unlawful 239. proceedings in case of salvage 290. Anchors, Cables, ^c. liable to be distrained for port dues, 244. Animals living-passage, or freight of, 271. .Ípporf^mení of freight, 271, 275, 276, 277, 278, Average general. See General Average. accustomed 270. - Iniez to the Law of Marine Insurance. Abandonment, 337—346. what, 337. effect of, 337, 338,341,342, 344, 333, 345, 346, 349. when it may be made, 337,338,339, 340, 343, 344. in case of capture, 337,338,333,339, 340. in case of arrest of princes, 337, 338, 389. in case of embargo, 337, 338. on a wager policy, 337. / when not necessary, 337, 338. when not allowed, 338. when lost by delay, 338 in case of recapture, 338. right of, may be kept in suspense by consent, 338. rule concerning, 338. when requisite to secure right of to¬ tal loss, 3.38. case of master's buying ship after condemnation, 338. when the voyage is lost, 338, 339, 340, 341. when the voyage is not worth pur¬ suing, 338. not allowed, when the capture is only a temporary hindrance, 338. insured not obliged to make an, 338. when the right of is waived, 338, 344, 345. of goods, when compromise with captors exceeds 50 per cent, 338, 346. in case of jettison, 338, 339. in case of mere interruption of voy¬ age for the season, 339. of cargo not allowed in case of block¬ ade, if ship has liberty to go to another port, 339. after decree of final restitution, but before restitution is made, 339. before compromise with captors, the master afterwards purchasing the ship, 339. where the master purchased the ship of captors for the owner, 339. whether necessary in case of capture and condemnation,339,340. in case of shipwreck, 340. in case of stranding, 340. in case of ships' requiring repairs ,340. of goods when damages make them of less value than the freight, 340, 341. 352 Index to the Law of Ships and Shipping. Barratry, 255. Beaconage, towing. &c. 270. Bill of Sale of a ship 239,242. i Bill of Lading, 261, 2C7, 208, 270, 2S5, 287, 288, 289, 290,292. Boat not conveyed by the words ship, tickle, ap¬ parel, furniture, andcther instruments, 239. Bottomry contracts, 248, 249, 250, 251. when not binding on owners,250. when there are several, 250. on enemy's ship 251. Breaking hulk at port of necessity, 266. Broker's declarations as to a ship, whether author¬ ised, or not, are a warranty, as to strangers, 245, 246. Index to the Law of Marine Insurance. .íiandonOTíTií, within what time it must be made, to prior insurer, effect of, 341. cannot be made, when the thing is taken out of the insurer's hands by a peril not insured against, 341. insured hot allowed delay in order to speculate upon it, 341. meaning of clause allowing the in¬ sured to labor, &c. in case of loss or misfortune, 341, 346. not to be omitted because the in¬ surer requires an abandonment of more than he ought, 341. when there is no news of the ship in a reasonable time, 341. of freight, 341, 342, 343, 346. when not necessary, 342. in case of profits insured, 342, in case of commissions insured, 341, 342, 343. in case of re-insurance, 343. right of depends upon existing/acis, not the intelligence, 343, 344. case of salvage on freight, 343. of ship does not prevent abandon¬ ment of freight, 343. what intelligence will authorise, 344. of,ship carries with the pending and subsequent freight, 344. Form of. 344, 345. must be simple and unconditional, must be entire, 344. 344. of ship whether by written transfer, 344. acceptance of—what—and effect of it, 344, 345, 349. principle of assumed when goods are sold being damaged and per¬ ishable, 336. revocation of—what is 345, 346. is in the proportion of the property at risk, 345. whence once properly made irrevo¬ cable except by mutual consent, 346. ordering and disposing the effects abandoned,346. to several insurers, 346. salvage receivdö by insured to be deducted from the loss, 346. salvage lost by default of insured deducted from the loss, 346. Acts of ownership see Abandonment revocation of. Admiralty courts proceed on the law of nations, 324. in what cases upon treaties, 324. Adjustment of Losses, 345,346,347, 349. Agent, interest of, 305. what constitutes one to procure a policy, 314. when bound to procure insurance, 314. answerable for negligence or unskilfulness 314. voluntary—liable if he undertakes, 314. must also act faithfully with insurer, 314. fraud or concealment by—avoids the poli¬ cy, 314, 325. ought not to be an insurer, 314. may be sued for the policy, 314. 353 ítidtr. to the Laiö of Ships and Shipping', fiurning ships wilfully, 2r)r>. Cables, anchors, S,'C. may be distipj'nrd for port dues 244. Captors^ taking enemy's gfoods from a neutral, are siiiiject to freight, ¿73, 274. Capture, master's duty in rase of, 2íi7. mariner's duty in case of, 2î)9, 300. its effect upon freight, 271, 273, 274. Captured ship lost by negligence of prize master, 274. Cargo. See Goods. when the master may sell part of, 250, 266, 267. when the master may hypothecate, 250, 266, 267. when to be transhipped, 266. may be retained until general average is paid, 267, 268. may be retained for freight, 268, 272. bound to the ship, and tiie ship to the cargo,268. Casting away skips, 255. Chartered ship, 240. Charier party of the master. 245. contract by, 257, 270, 275, 276, 277, 278, 279. contract of, when dissolved, 292, 293, 258. covenant that the ship shall be tight, staunch, &c. 257. when the frciffhter is excused from payment, 257. whether freight is payable during nt cessary re])airs, 257. stipulations in—as to freight, 257, 258. short cargo delivered—cases of, 257. effect of embargo in case of, 258,293. in case repairs mustbe made on the ship, 258. demiitrao-e provided for in, 258, 259, 260,264. remedy for damages under, 257—261. which party must do the first act in a contract, 2-59. when it takes effect. 259. working days and runningdays, 259. how construed, 260, 272, 277, 278, 279. Common carriers, 262. Condemnation of Ship, in admiralty, as unfit for service, and order of sale of her, unlawful, 239. Contrahand goods, 263, 264, 270. Contracts in the nature of bottomry, 248. of mariners, 252, 253. See Mariners. for conveyance of merchandize, 271. dissolution of, 292, 293. dissolution by voluntary act of the par¬ ties, 292. in what modo^292. by bill of lading, 292. when they become unlawful, 292, 293. when port of destination is blockaded, 292. if war or hostilities take place, 292. when government prohibits the exporta¬ tion contracted for, 292, 293. Index to the Imw of Marine insurance. Jjaent cannot aliedge his own fraud in defence 314. Jlgents and brokers, should keep entries of instruc¬ tions and representations, 324. misrepiescntation by—avoids the; policy, 325. enemy, cannot .sue upon a policy, 303. Animals in-mred 332. Airests, restraints, &c. See Detention of princes Assailing thieves, &c. 337. Average contribution, 336. See general average. Average loss, see loss partial. Average petty, or accustomed, 336. Barratry, in what cases insurable—and when in¬ sured, 335. 336. 323, 332, 334, 335, 336. Belligerent, passport to neutral ship, 321, 322. Belligerents, 304, 321, 322. Beseiged places, 304. Bills of Lading, when acceptance of, binds án agent to effect insurance, 314. Blockade, of port of destination—how it affects a Blockaded places, prohibition of provisions, &c. to 304. Bottomry and Respondentia loans, 303, 305,345. Breaking bulk, not authorized by leave " to touch and stay," 312. British license, insurance on 304. policy on goods, 339. Broker, answerable for negligence or unskillful- ness, 314. who employs another broker how liable, 314. fraud of314, 324, 325. and agents, should keep an entry of in¬ structions and representations, 324. Bullion, instarable as goods, 316. Capture, what, 333, 334. loss by 333. 334, 337, 338, 339. distinction between—and Detention of princes, 333 property not changed by—in favor of vendee, or recaptor, 333, 339. and recapture, loss by 333, 339. and ship allowed to pro¬ ceed on ber voyage, 333. imminent, and immediate danger of, by public enemy, 334, 335. wlien the insured may abandon. 337, 338, 339, 340. and recapture as to abandonment, 338, 339,340. when only a temporary hindrance—no abandonment, 338. when master after condemnation buys in the ship, 838. and loss of more than 50 per cent by compromise is a total loss, 338. when the master buys in the ship by compromise after capture, 339. buys the ship of cap¬ tors for his owners, 339. and condemnation whether abandonment is necessary, 339, 340. 45 354 índex to the Law of Shi^s ajid Shipping. Contracts^ in case of embargo, 293. for treight, wben entire, 277, 278,279. Consignor and Consignee. See Stoppagein transitu. Convoy^ warranty of, 204, 265. Convoy warranty of its effect 264. 265. must be complied with 264. 265. Custom-house regulations 272. Dangers of tUc seas 268. 269. 270. Demurrage under charter-party 258. 259. 260. 264. Ííetentiony freight during—when payable 271. after capture 283. See Capture. justiñed only by necessity 244. master's duty 265. Dissolution of contracts. See Contracts. Dunnage 262. Embargo wages during 295. in Case of charter-party 258, 293. Embezzlement by mariners 301. Enemy''s goods. See Goods. Expenses which are general averge 281, 282. Expence on goods lost—when general average 281. of repairing ship injured by tempest 281. False papers when cause of condemnation 264. Fire loss by 270. Freight payment of 271—279. when it may be hypothecated 250. under charter-parly 257—261, 272, contracts to convey goods on 262— 26vS. cargo maybe retained for 268. when recoverable 271. in case of capture 271. proportionable payment of when 271, 2.5. 276, 277. 278, 279. when the voyage is interrupted 271. when a dedu( tion from, for salvage 271. of men, and animals 271,272, advanced, whether recoverable back 2il. 272. in a genral ship 272. recompense in lieu of—when 272. of goods sold from necessity 272. when commerce is firohihited with the port of destination 272, 273. in ca.se of general average 272. when port of destination is blockaded 272, 27.3. of belligerent goods carried by a neu¬ tral, & captured. 273. of goods contraband by law of nations 273, naval stores 273 where ship is captured, and restored, be¬ fore the cargo 273. of neutral goods carried by an enemy 273. of goods captured, and connemned 273. when captured siiip is lost, by negligence of pi zf master 2'4. * when ship is condemned, and cargo ac¬ quitted 274. index to the Law of Jtfarins Insuranet Changing the risk, 313, 327, 32S. Changing the ship, 327, 328. abandonment of, 34i 343. Concealment, ^heii—aod « ffcct of, 325. ' by agent, avoids the policy, 314. wiial is not ;—hut ratiier a defectivo description, 317. doctiine of, 325, 326,327. matenal—what, 325, 326. material, well founded suspicion of, 326. maíeria!, whon the broker thought it immaterial, 326. even douhtfu! rui>.ours ought to be disclo.sed, 326. of non-comp'iance with anOrdinance, though contrary to the law of na¬ tions, 326. by the iosuier, 326. of a fiust for an alien, 326. of unusual papers taken on board,326. orders to insuie mu-t be recalled as . suon as the loss is known, 326 false inforrnatron must he recalJed, if disccveied in time, 326. what need not be disclosed, 326. things couimon to both, 326. master's instructions, 326. case of clearance for adiffer- ent port, 326. part of cargo being contraband of war does not avoid the policy—and why, 327. Concealment to avoid a policy must be of a /acf, not a speculation or an expecia^ tion 327. Consignee interest of 305, 306. Contraband of war 304. Convoy warranty to sail with 819, 320. whiii satishes it 319. 320. Damages to goods for defect of sliip 3l'9 reducing lliem to a less value than the freight 340, 341. Dancers of the seas loss hy 331, 332. 337, 340, 343. what 307. Detention of printts fcc. w hat 333. loss hy 333, 834, 337, 338, 339. «^people" means the ruling pow¬ er of a country 334. what authorizes an abandon¬ ment 339. Deviation 328—331. * vvhnl—and effect of 328, 329, 330. when excuiahle 328, 320, 330, 331, discliarges the insurer—at»d why 329. ship must perform liei voyage in rea¬ sonable time 329. stopping to trade 829. libi ity "to II"' 329. what is not 328,329, 330. taking OH board additional cargo 329. intended, but not begun 330, 317. stopping to relieve a ship in distress, 329» several tracks, of which the master 355 índex to the Law of Skips and Shipping [ freighty exceptions, 274. i lo captors—in what case 274. of goods damaged 274. giiods cannot be abandoned r(»r274> when apportioned 27J, 275, 276, 277, 278, 279 in n general ship 275. ' when cargo is Iransfiipped 275 when none is payable 275, 276, 277, 278, 279. wiien apportioned—rule—275,276. and passai;« money, the same, except as to lien 276. when the right to commences 276. contract lor—when entire 277, 278, 279. for particular voyaae—not transferred by sale of the ship, duiirig ihat voyage 279. wages dependent upon 296. what is a port of delivery 298, 299. Frcighterf i)T inoiclian':, duties of 270. when answerable for damages 270. General ,dvcragey 279^285. master's duty in case ot 267,268. freigfic in case oi'272. in case oí jettison 280. 281. gonds delivered up to pirates 281. ransom of ship, or goods 281 expenses in relation to loss of goods 281, 282. ^ to repair damage by tempest ' 281. expenses of repair extends to Ship and furniture, 281, 282. when pilotage, port charges, ^-c. are 281. in case of voluntary standing, 282. what goods contribute to 282. in consequence of sea damage, 282. extra exgenses on account of embargo are not, 282. nor for quarantine, 282. when wages and provisions are, 282. during capture, 282. goods wrongfully put on board not entitled to, 283. nor goods stowed upon deck, 283. what articles shall contribute, 283. detention after capture, 283. when the ship is disabled and sold, 283. mariner's wages do not contrib¬ ute, 2®3. mode of computing, 283, 284, 285. General ship^ 245. contract for conveyance in, 261, 276. Index to the Law of Marine Insurance. should choose ; but the insured di- reels one 330, 317. extent of must be jusiifíed by the degiee of necessity 330. doiay under an embargo 331. under extraordinary ciicumstauces 330, 331. - stopping to físh 329. selling part of cargo at port of necessi¬ ty 329. distinguished from a different voyage 316,317. See Changing the ship* See Changing the risk. DocumentSy want of, may forfeit the neutral char¬ acter of the ship 323, 324. Double insurance what—and effect of 306, 307. premium in such case 3o7. Embargo how it affects insu-ance 304, 319. when it excuses a deviation 331. is an arrest of princes 334. abandonment in case of 337, 338. imminent and immediate danger ofcapture by 334, 335. 's property bronght in barges to a neutral ship 333. English insurance Companies 303. File loss bv 332.333. lusi ol rigging i&e. by—put on shore during a repair 312. Fraud by agent avoids the policy 314. in desciiplion in a policy 316, 317. or mistake in a policy—whether it may be corrected 318. by false representation 324, 325. secret understanding that fîrst underwriter shall not be held 325. by concealment. See Concealment. See Representation. of agent, 314, 324, 325. prevents a return of premium, 348, 349. Fraudulent losses., 336. '^Free ships make free goods»" doctrine of explo¬ ded, 323. Fl eighty what, 303. may be insured, 303, 304, 305. how affected by non-8eii-worthiness,327. risk on 313, 341, 342, 343, 344, 346. abandonment of 341, 342,343, 346. when not necessary, 342. effect of, 342, 346. case of siii]}wreck, 343. salvage of, 343, 346. pending, and subsequent—in case of a- bandonrnent, 344. insurer refusing salvage of goods, 346. Foreign sentence of condemnation, when conclu¬ sive, and when not, 322, 323, 323. General agenty interest of, 305. General arer^gc, 3<'8, 309, 336, 338; S39. Goods insurable, 303, 304, 316. smuggled, 304. vpolicy against law, law of nations, or trea¬ ty, 304. against foreign revenue laws, 304. ^ ease of non-sea—worthiness of ship^ 327. when master and owner ere liable for lose on, 309. 356 Judex to the Laie of Shipe and Shipping. General Ship, representations of a broker are warranties, 261. freight in, 272. Goods. See Cargo. stpwed upon deck, 2S3. wrongfully put on board, 261, 283, lose of by defects of shi^, 262. stolen—who liable, 263. contraband, 263, 264, 270. prohibited, 270. taken on board at a port of necessity, 265, 266. freight of—when sold from necessity, 272. of belligerent parried by a neutral, 273. contraband by law pf nations, 273. captured, and not restored till after the ship, 273. of enemy carried by a neutral, 273. captured and condemned, 273. delivered up to pirates, 281. See Stoppage in trarteitu. sent in trusts—when they cannot be stopped in transitu, 285. shipwrecked, 282. 283. jettison, afterwards found, 282. 283. which contribute to general average, 282. ransom of, 281. damaged—freight of, 274. lost by leakage—height of, 274 cannot be abandoned for freight, 274. transhipment of, 275. accepted at an intermediate port. See i^'reigAi—apportionment of. Hupothecation of Ship in case of necessity, 246, 248. 249. 250. pf cargo, 250, 266, 267. of freight, 250. Inevitable aeeident, 268, 269. /eííijon, 280, 281, 282. freight in case of, 272. goods afterwards found, 282, 283. Leakage, freight in case of, 274. Lien of master on freight for disbursements, 274. how on ship for debts paid on ships account, 247. i«n, on ship, by shipwright, for repairs, J^c 248 on goods for freight, 268, 272* only—gives no right of stoppage in tran- tituy 285. Lighter-men^ 262. Mariners in merchant service. Ü. S. laws re¬ specting; 252, 293. in coasting trade and fisheries, 252. contract mujit bp in writing or print, 252, 294. may be coinmitted by the master in case, 252, 253. absence of, 252, 301. authority of master over, 252, 253. may be discharged by master in case, 263, 254. by their own consent, 253, 254. when wrongfully discharged, 253,254, 294, 298. index to the La%o of Marine ínsutanees Goods, policy on—form and requisites of, 315 speciñcation of In a policy—effect of, 316. not insurable, 316. do nf)t include master's ciotlie^, ships pro« visions, or goods lashed upon deck 316. money, jewels, and bullion may be insured Hs 316. told becanse d imaged and perishable 336. total loss on—ifinoie thtin 51) per cent bv - compromise with captors 338, 339. cannot be abandoned because the port of destination is blockaded ; if ship has lib¬ erty to go to another 339, when they may be abandoned. See Jiban- d'mmcnt. damaged by seas after capture, 346. Hypothecation. See Bottomry, Insurance marine^ what, 303, 304, 305. on what subjects, 303, 305, 306, 841, 342. who may be insured, 303 upon one thing to depend upon the fate of another—void, 306. various persons may insure various in¬ terests upon the same bottom, 307. void when the voyage is illegal, 807. '•from'» 311. **at and from" 311, 319, for a term, 311, 312, 331. words **first arrival" 311. until ^'moored 24 hours in safe¬ ty," 311, 312, 331, 340. to Jamaica, 312. on India voyage, 312. words **touch, stay, and trade," 312. void for fraud or concealment of agent, 314. property insured—how valued, 349. Insured powers of in case of loss or misfortune, 317. how affected by master's purchase of ship by compromise after capture, 339. how affected by master's purchase of ship after condemnation, 338. Insured and Insurer, how affected by an aban¬ donment to prior insurer, 341. Insured, must not take time to speculate before he abandons, 341. Insurer, when he may insure to save himself, 306. how affected by abandonment, 337,338, 333, 341, 342, 344. 345, 346. ought to disclose what he knows to be important, of which the insured is ig¬ norant, 323. how affected by master's purchase of ship by compromise after capture, 339. how affected by master*«^ purchase of ship after condemnation, 338. when he may refuse the salvage of goods, 346. never involved in the rise and fall of market, 349. Insurer's right accrues on ship's aiiival and land¬ ing the cargo, 349. Jntenst of the insured, 305. 357 index to the Law of Ships and Shipping. Mariners, when discharged abroad—extra wages, 254, 298. protection and relief of—abroad, 256. at home, 256. when sick on the voyage—relief of, 25G. | wages during detention, 271. • j discharged by abandonment of ship at sea, 291. wages of, 293—301 hiring of, 293. regulation of, in merchant service, 252, '293. voyages commencing in foreign port, 201. shipping paper—law respecting, 252,294. wages—master liable for, though ship¬ ped by owner, 294. wagesjwhen left sick in foreign port,294. no wages upon an illegal voyage, 294- See Wages. earning and payment of wages, 294. wages when sick, 294. wages when wrongfully discharged, 294,298. foieign—wages of, when discharged, 294,295. wages, in case of embargo, 295. wages, when carried away by captors, 295. wages, when dying on the voyage, 295. when sick, cured at. expense of ship, 295. wages depend upon earning of freight, 296. _ _ I wages, when part of freight is earned, 296. wages not affected by contract of owner and freighter, 206. wages, when they make a special con¬ tract concerning, as to payment, 296, 297. compensation, when, after shipping, the owner gives up the voyage, 2.97. wages, when the ship is seized for debt, 297. wages, when the voyage is changed, 297. wages, when another ship is procuied from necessity, and they refuse to go in hei,297. wages, when the voyage is broken up, for the interest of the owner, 297. wages, additional, when, and how much, 1 254, 298. wages, voyage broken up—ship not sea¬ worthy, 298, 299. wages, when sent home, at owner's ex¬ pense, 298. have a choice to proceed, when the voy¬ age is voluntarily changed, 298. wages in such case, 298. wagos first paid out of salvage, 298. lost if all is lost, 298. when, and in what portions, paya- ' ble, 298, 299. | what is a port of delivery, 298, 299. due when discharged bv the mas¬ ter, 299. in what cases lost, and forfeited, 299, 300, 301. Index to the Law of Marine Insurance. Inteiesty insurable—what is, 305, 322. of moiigagor, 305. of rnorlgagee, 305. in expected pr()rus, 305. of a trustee, 305. of consignee, 305. of prize agent, 305. of general agent. 305. in Bottomry and líespondenlía, 305. uf insurer, 306. of various insurances on the same bottom, 307. Jettison, 332, 338, 339. Jewels, insurable as goods, 316. but n(3t if personal, and worn by passengers, unless specially so described, 316. Laic of Merchants, 303. Law of jyations, no single state can alter or add to it, 324. Lighters, goods put into—at whose ri.sk, 310, 311. Loss, 331—337. ' what, 331. risks in common policies^ 331- total, 331, 333, 338, 339, 340, 343, 344,349. See JÍbandonment, partial, 331, 333 339, 340, 343, 344, 349. on goods, 331, 338, 339, 340 by pv.ils of the seas, 331, 332, 340. ship's foundering, 332. stranding—voluntary—or accid«;ntal, 332, 340. ship—not heard of in le,»sonable time, 332. ascribed to its immediate not: a remote cause, 309, 332. by worms, 332, of animals, 332. to ship's rigging and furniture, 332' by running foul of another ship, 332. by fire, 312, 332. 333. ship burnt by order of governinenl, 332, 333. by capture, 333, 334, 337, 338, 339. 340. by detention of princes, 333, 331, 337, 338, 339. of s.hip—taken by government for a fire ship, 333. by capture—when insured may abandon, 333, 337, 338, 339, capture—and re-capture, 333, 334. and money paid in compromise, 333. case of enemy's property brought in barques, and put on board a neutral ship, 333. case of ransom, 333, 334, 336. ship re-captured, and permitted to pursue her original voyage, 334 whose—when a war breaks out after procur¬ ing the policy. 334. to whose benefit—when peace is declared al¬ ter a policy'is procured, 334. by iiirest of princes for navigating contrary to the laws of a foreign slate, 334. by embargo, 334. case of immediate and imminent danger of capture by an enemy, 334, 335. by Barratry, 334, 335, 336. by General average, 336, 338, 339. by Petty average, 336. 358 Index to the Imio of Ships and Skipping. Marmers'tcagesJ m c^se of capture«and subsequent release, 299. in cas» of capture, and le-capture, 299. 300, not defeated by condemnation, 300. bound lo remain witii captured ship till one adju- dication, 300. with what will excuse ' this, 300. discharged on ship's abandonment at sea —no wages due—no freight earned, 300. in such case, if they save any part, they t have salvage, 300. wages forfeited by desertion, 300. what is, and what is not, desertion, 300. part forfeited by not rendering themselves. 300, 301. due, when forfeited by absence, 301. and effects forfeited by desertion, 301. absence must be entered in log book, 301. « and that it was without leave, 301. what offences will justify discharge of, 301. upon repentance, and offer of amends, to be pardoned, 301. embezzlement ol cargo by, 301. whether all shall contri¬ bute in such case, 301. liable for casks stove, and other damages by negligence, 301. wages not to be retained for contingent damage«, 301. Maritime interest, 248, 249, 250. Master's power of,and liability, 239,244, 245,246, 248, 249, 250—254. can sell the ship only in case of necessi¬ ty, 239, name must be in ship's register, 241. when changed what is to be done, 241. is agent of owner, 244. orders 244. Index to the £mu> af Marine Insurance' Loss by Salvage, 336, 343, - willful or fraudulent, 336. by pirates, 336, 337. by assailing thieves, mob, &c, 387. by theft, 3d7. .when master buys the ship after condemna¬ tion 338. on cargo when compromise with captors ex¬ ceeds 50 per cent, 338. by jettison rests upon the ground of the peril, which occasioned it, 338. what is incumbent on the in¬ sured in such case, 338, 339. by damage to the siiip, and repairs required 340. ' partial cannot be made total by abandonment 340. cannot be total if voyage performed, and ship moored 24 hours in safety, 340. of freight, 341, 342, 343, 344. paid—compensation afterwards goes to insur¬ er, 346. salvage received by insured deducted from, 346. property insured, how valued, 349. Losses, adjustment of, 345, 346, 347, 349. Loss for which owner and master aie liable, 309. Loss or misfortune, powers of insured in case of, 317, Lost or not lost,'' 317. Loss of rigging, &c. by fire—put on shore during repair, 312. Marine Law, 303. Masters' and Mariners' wages and effects wheth¬ er insurable, 304, 305. Master for what losses liable, 309, 310. see Barratry. buying ship after condemnation, 338. by compromise after capture, 339. for account of his owners, 339. Master's clothes not included in a policy on goods," 3l6. Memorandum, what—and effect of, 308, 309, 318. what is a stranding under, 309. Mistake, in policy whether itcan be corrected 318, Money, jexcels, and bullion ,insurable as goods, 316. Mortgagee, interest of, 305. Mortgagor, interest of, 305. Mutiny of the crew will excuse a deviation, 330. JVeutrul in enemy's country may insure, 303. property may be insured, 303. how far he may trade with belMgerent304^ property—warranty of, 320—324. what such warrahty means, 321. what constitutes such warranty, ' 321. wh it is breach of such warran¬ ty, 321. growth of belligerent colony in neutral ship, 321, 322. what he may do, 322. coming from a belligerent country, 322. rights of, 322. property warranty of—when falsified—and when not, by foreign condomnation as prize, 322, 323. 359 Iudex to the Law of Ships and Shipping* Master and Marinersy 244—252. behaviour of, 252—268. 's duty na to pilots, 244. as to port laws, 244. not liable for damages when pilot has com¬ mand, 244. liable up()n his contracts, and owner bound also, 245. when he may charter ihe ship, 245. 's cont acts to carry merchandize, 245, 262, —268. when he may hypothecate the ship, 246, 248,249,250. may retain freigrht for his expenses and dis- buisements, 247. when he may sell part of the cargo, 250. hypoiherate the cargo, "250, 266, 267, the freiffht, 250, 251. may be dismissed by owner, 252. 's authority over the mariners, 253. may discharge mariners in case, 253. *s duly in a contract to carry merchandize 262—268. in case of warranty of convoy, 264, 265." as to the course of the voyage, 265. in case of pirates, 265. when driven into a port by tempest, 265. by necessity, 271. what he may do at port of necessity 265, 266 case of transhipping goods. 266, 270, 275. when liable lor riamage by rats, 266. running against a sanken anchor, &c, 266. 's duty in case of capture, 207. general aveiai?e, 267,268. , may retain goods for freight, 268, 272. 'slien on goods for freight—wl>en lost. 268. excused—for what causes, 268—270. *s protest when necessary, 280. liable for mariners's wages though shipped by owner, 294. *s duty in case goods are stopped. See Stoppage in transitu, when government at port of lading prohibits the exportation of the cargo, 293. MatCy degraded—his wages reduced, 301. Medicine chesty 253. ** Monthy* means a calendar, not a lunar, 272. Mortgagor and Mortgagee of a ship, 240. Murder on the high seas, 255. Mecessaries, master may borrow money for, 246. JV'eccssityy port o/—w hat may be done at, 265,266, JVeutral goods. See Goods. Offcnices on the high seas, 255. Orders of master, 244. Owner, who may be—and how, 239. for the voyage, 240. for what liable in contract for freight, 240. changed—niust be reported at Custom- hou-^e, 241. liable for injury, when pilot is on board, 244. bound by master's lawful contracts, 245 when within the usual employment of the ship, 245, 246. Index to the Law of Marine Insurance. KbutraL belligerent passport to iieulial .«hip, 321, 322. JVeutralityy what amounts to a forfeiture of, 323. Aeutral ship, taking enemy's property brought from enemy's country in barques, 333. Keutral character of a shipy what is a forfeiture of 323. forfeiied by rescue of ship by the crew, 323. forteiied by resi-tingright of search, 323. forfeited lor want of doc¬ uments, 323, 324. forfeited, navigated con¬ trary to treaty, 323. forieiied, but if iirsurer knows of a regulation which may endanger insured, he should in¬ form him, 323. no individual state can add to ihe law of na¬ tions by its own ordi¬ nances, 324. Jfew and OZd rule, as to allowance ol 1-3 for tlio difference, 340. Owner, for what losses answerable, 309, 310. OZd and JVew rule of allowing 1-3 when applied, 340. Partial Loss. See Loss partial. none on a wager policy, 306. under memorandum in policy, 308. Passport of belligerent to a neutral ship, 321, 322. " People*^ in policy, means the ruling power of a state, 334. Perils of the 5cas, what, 307. loss by, 331, 332,337, 340, 343. Petty average, 336. Pirates, loss by, 336, 337. Pilot, how long to remain on board, 327. Policy, 313—318 what, 313. on interest, 313. open, 313. 314. valued, 313,314, 349. difference between an open, dL a valued, 314. , who may effect one, 314. void—for fraud or concealment of agent, 314. form—and requisites of, 314. name of insured, or his agent, 315. names of ship and master, 315, when on ship or ships, 315. species of vessel to be named, 315. and if privateer or letier of marque, 315. words " or whoever else shall go master," 315. the subject matter must be named, 316. effect of a specification of goods in, 316. what may be insured as " goods," 316. what is not incltided under goods," 316. description of the voyage in, 316, 317. commencement, and end of the ri.«k, 316. liberty to cruise for a certain time, 316, 329. description in, must be fair, and not calcu¬ lated to deceive, 316, 317. not avoided by what only lessens the risk, 317. 360 índex fo tut Laio of Ships and Shlppiñg. Owner s liability for repairs by the master, 2-^6. for wrongs of the master, 252. may dismiss tlie master,252. 's duty and linhility in contracts to carry goods, 202—208. liability for damage by rats, 266. runnino' against a sunken anchor, ^c. 266. excused for what causes, 268—270. Port owners of ships, 242—244. are tenants incoininon, 242. sometimes agree as to employment of ship, 242. ship's husband 242. law when part owners cannot agree to manage their concern, 242, 243. rights of majority, and minority 243, 245. ns to repairs, 243. ' interestas to strangers, 243. Passengersy 271. Perils of the seas, 263, 260, 270. Petty charges, 270. Pilots, 244. Pilotage, when general average, 281. Piracy, 255. Pirates, 265. ^ trading with. 255, 256, Port charges, when general average, 2'^1. Port of delivery, what is, 298. Port of necessity, what may be done at, 265, 266. Primage, 270. Prohibited goods, 270. Protest, 280. Provisions, 253, 272. when general average, 281. Ransom, of ship or goods, 281. Rats, damage by, 266. Re-capture. See Capture. Register of ship, 241. to be renewed when ship is altered or en¬ larged,241. when lost, what is to be done, 241. renewed when ship is sold, 241,242. Repairs of ship by master, 246,272. Respondentia contracts, 248. Robbery on the high seas, 255. Salvage, 290—292. efFeets saved from perils of the seas, 290, 291. compensation for, 290,291. admiralty proceedif>gs in case of, 290. passengers not entitled to, 291. exo 'ption, 291. mariner's wages first paid from, 298. on re-capture, 291. allowance in different cases, 291. property of allies, 201, how disposed rf, 292, by apprentices to be paid to them, not mas¬ ters, 292. whether due to creditor on bottomry, 251. of freight, 271. Salvor, embezzling part of the property, forfeits his share, 292. Seas perils of , 268, 269, 270. Sea-worthiness, 269. Stamen.. See Mariners. Ships, evidence of ownership, 239. sale of as unfit for service when lawful, 239. indtx to the Law of Marine Insurance. Po/íVí/, effect of liberty " to touch," when not in¬ tended, 317. ' woids lost or not lost," 317. powers of insured, in case of loss or misfor¬ tune, 317, 336, 341, 346. promise of insurers in a policy, 317. acknowledgment of premium in, 317,318. intent and office of the memorandum, 318. date and subsoiiption of, 318. whether it may be altered or corrected, 318. See Warranty. when void for breach of warranty that the property is neutral, 321. See Risk. against common, or statute law, law of na¬ tions, or treaty, 304. may be good, though against foreign rev¬ enue laws, 304. how affected by an embargo, 304. how affected by navigating ship in viola¬ tion of a foreign law, 304. « void if for trading with an enemy, 304. upon a British license in the late war, 304. upon goods contraband of war, 3C4. avoided by resisting the right of search, 304. on war-like stores to an enemy, 304. on wages and effects of master and mari¬ ners, 304. on slaves, 305. on profits, 305, 306, 342. wages, 305, 3Ó6, 313, 314. valued on profits, 306, 342. on voyage illegal at the commencement, void, 307 risks excluded by the memorandum, 308. risks generally included in, 308, 331. how construed, 310, 3L1, 312, 315,319, 329, 334, 341. from," import of, 311. *• at and from," import of, 311, 319. the words first arrival," 311. " moored 24 hours in safety," 311. for a term, 311, 312, 316. * the words*' touch,stay & trade," 312,329. valued—on freight, 313. See Representation. See Concealment. See Fraud. void for non-sea-worthiness, 327. what is meant by sea-worthiness, 327. liberty ** to touch," 329. selling part of cargo at port of necessity during repairs, 320. PoTtof necessity, SQW'mgpeiXi of cargo during re¬ pairs, 329. Premium, in case of Double Insurance, 307. who answerable for, 314. acknowledged to be paid in policy—and why, 317, 318. whether increased, if policy is altered, 318. what, 347, when there is a return of, 347. when there is a deduction of 1-2 per cent, 347. return of—in what cases, 347, 348, 349. when not returnable, 348, 349. when part is returnable, 348, 349. Prize Jigent, interest of, 305. 361 ïndtK ta the Laus of Ships and Shipping. Shipsy requistles to sale of, 239, 241,242: part of. 220. abroad, requisites to the sale of, 240. wrecked in foreign ports, and sold by gov¬ ernment, 240. chartered, 240, 257—261. Jimcrican—property in, 241. Register, 241. ~ Araerican—how transferred, 241. transfer of, must be reported, 241. documents of—when deposited in Custom¬ house, 241. built upon, or altered, must be registered anew, 243. repairs of, by master, 246. Skipy hypothecation of by master, 246, 248, 249, 250,251. leaky, or unfit—proceedings in such case, 253. 's provisions quantity of, 253. medicine chest, 253. Ships wilful burning of, 255. casting away of, 255. Ship goods put on board wrongfully, 2G1. when condemned for contraband goods, 264. bound to cargo, and cargo to ship, 268. taking of by hostile persons unknown, 268, 269. ransom of, 281. stranding of—when general average, 282. insurer on—bound to pay owner wages, if salvage sufficient, and owner has been compelled to pay, 298. disabled and sold, when general average,283. captured, and negligently lost by prize mas¬ ter, 274, condemned, and cargo acquitted, 274. Ship's husband^ 242, Ship mortgagor and mortgagee of, 240. Shipping papery 252. Stoppait in transitUy 285—290. when it ceases, 285, 286, 287, 288. in an adverse claim by consignor against consignee, 285. in what cases it may be exercised, 285, 286. person abroad purchasing goods pursuant to orders, 285. case of person, who sends goods to be sold, 285. where a bill of lading is sent in trust, to Indemnify, 285. not permitted in case of a mete lien, 286. when part of price is paid, or bill of ex¬ change accepted, 286. how long goods continue in transitu, 286, 287. case of part of goods unloaded and delÍT- ered, 286, 287. what constitutes a delivery, 286, 287. what acta of consignor take away the right, 287, 288. 289, 290. what acts of consignee take it away, 287, 288. 289,290. assignment of bill of lading, 287, 288, 289. sale of goods bona fide by consign¬ ee, 287, 288, 289. case of factor, 288, 289. indemnity to master in case of dispute, 289.290. 46 Index to the Law of Marine InÂtrance. Profits, insurance on, 305, 306, 342. Provisions of ship not included in a policy on " goods," 316. Ransom, 333, 334, 336. how, when master buys the ship after condemnation, 338. Recapture. See Capture, Re-insuranee, what—and when it may be made, 306, 307. Repairs of ship .stranded, 340. rule as to new and old—when applied, 340. of ship damaged by other causes than stranding, 340. Representation, what—and effect of, 324. false, materially and wilfully, is a fraud, 324, 325. the word " expected," does not amount to, 324. and warranty compared, 324. false to first underwriter, is false to all, 324. when computation is stated ta fact, 324,325. fraudulent, or innocent, avoids the policy, if material, 325. true in substance is sufficient, 325. untrue, if it do not deceive, may be good, 325. to avoid the policy, must be untrue in a material point, 325. that a material paper is on board. That paper must be used when important so to do, 325. secret understanding that the first underwriter shall not be charged, avoids the policy, 325. See Concealment. that the property is neutral, 321. Respondentia. See Bottomry. Restraints, arrests, fyc. See Detention of princes. Rigging and tackle put on shore during a repair, 312. Right of Search, 304, 323. Risks, against which insurance may be made, 307 —313. perils of the seas, 307. all marine risks—with what excep¬ tions, 307. but not \ipon ille¬ gal trade, 307. within common policies, 308, 317, 331. excluded by the memorandum, 308. what is stranding within the memorandum, 309. duration of, 310, 311. Risk on ship, 311. " from," 311. '• at and from," 311, 319. words " first arrival," 311. " moored 24 hours in safety," 311, 331, 340. for a term, 311, 331. words " touch, stay, and trade," 312, 329. may commence under unforeseen circumstan¬ ces 312. continues though the ship by necessity change the order of ports, if she does not abandon the original voyage, 312. on freight, 313. when changed—effect of, 313,327. ses Index to the Law of Ships and Shipping. Towing, beaconage, &c. 270. Usage, 26S, 270, 274, 287. Wages. See Mariners. 252,277. during detention, 271, when general aveiage, 282. do not contribute to general average, 283. Wharfingers, 262. Index to the Law of Marine Insurance. Risk, "liberty to cruise six weeks"—import of, 316i 320. ' ■ not alfected by what only lessens it, 317. effect of liberty to touch at a port not intend¬ ed, 317. " lost or not lost," 317. when it includes ship, rigging and farniture. 332. of war after insurance made is on insurer, 334. of peace after insurance is the insurer's ben¬ efit, 334. See Loss. Sailing instructions in case of convoy, 320. ' Salvage, 336 how when master buys ship after con¬ demnation, 338. ' of captors for his owners, 339. of freight what is—and what is not, 343. received by insured—or lost by his de¬ fault, 346. refused by insurer in certain cases, 346. Search. See Right of Search. Sea-worthiness, what—and want of, 327. Ship, insurable, 303, 304. See Policy void, 303. risk on, 311, 332. See Risk. how she may forfeit neutrality, 323. resisting right of search, 323. rescuing ship from cap¬ tors, 323. Want of documents, 323, 324. navigated contrary to trea¬ ty, 323. 327, 328. how if insurer conceals from insured a particu¬ lar regulation which en¬ dangers him, 323. no single state can add to the law of nations by its own regulations,323. spring-a-leak at sea, 327. charging the, 327, 328. Ship or ships, 328. Ship, conduct of, 328. must perform her voyage in a reaeonabl» time, 329. See Deviation. stopping to relieve another in distress, 329. stranding, 309, 332. not heard of in a reasonable time, 332, 341. damage to ship, rigging, and furniture—when insurer is liable, 332. running foul of another ship, 332. loss by fire, 332. burnt by order of government, 332,333. Êhken by government for a fire ship, 333. captured—re-captured—and allowed to pur¬ sue her original voyage, 334. captured—condemned—and bought by mas¬ ter, 338. and bought in by compromise, 339. and bought by master for his own¬ ers, 339. expense of repairs, 340. abandonment of, on account of expenses of repairs, 340. 863 Index to the Lato of Marine Insurance. Shipf performing voyage and moored 24 hours in safety—loss cannot be total, 340. abandoned—effect upon pending and after freight, 344. whether written transfer is neces¬ sary, 344. how valued, 349. Sidmouth license^ insurable, 303. Slaves, 305, 307, 332. Specification of goods in a policy—effect of 31G. Stranding, Ijss by, 340. when total, 340. within the memorandum, 309. Thieves assailing, roving, &.c. 337. Theft. 337. Trustee by necessity, 345. interest of. 305. Usage, 303, 310, 311, 312, 319, 320, 329. Usury, 305. Voyage, what, 307. 312. lawful—and unlawful, what, 307. when one and entire—and Illegal in its commencement, 307. description of, in a policy, 3l6. when defective, 317. different from the voyage insured, 317. several tracks from a certain point, and the master ordered to lake one of them, 317. See Deviation. lost, or not worth pursuing,—abandon¬ ment, 33c;, 339, 3-iO, 341. merely inteiriipted lor the season, 339. IVager policy, 305,306. Wages and effects of master and mariners—wheth¬ er insurable, 304, 305. Waiver OÎ abandonment See Abandonment of claim to total lo«e. See Abandonment. Warranty— and breach of, 318—324. what, 318. affirmative, 318, 319. promissory, 318, 319. "xpress, 318, 319. implied, 3l8, 327, 328. to be construed acsordingto the commer¬ cial import of the words, 319. must be strictly complied with—as being in nature of a condition precedent, 319. if affirmative, must be stricVy lrue.319. if promissory, must be strictly perlbrmed, 319. non compliance with—/row whatever cause, avoids tlie policy, 319. express—how to be made, 319. to sail on, or before, a certain day, 319. afler a certain day, 3L9. to sail—and warranly to depart, distinc- • lion as to, 319. to sail with convoy, 3l9, 320. what satishes it, 319,320. that the property is neutral, 320—324.333. ^ nature of this warranty, 321. wljat amounts to such war¬ ranty, 321. what is a breach of it, 321. when owned by a neutral, may have a belligerent charac¬ ter, 323. growth of belligerent colony in a neutral ship, 321. Inde* to the Law of Marine Insurance. Warranty, of belligerent passport to a neutral ship, 321, 322. of neutrality—what a neutral may do,323. neutral coming from belligerent country 322. falsified by condemnation—in what oases—and when not, 322,323. what amounts to a forfeiture of neutrality, 323. when ship fb feits her neutral character, 323. resisting light of search, 323. rescuing tlie ship, 323, want of documenis, 323,324. navigating contrary to treaty, 323. insurer ought to disclose what he knows Impoitant to in¬ sured, and of which he is ignorant, 323. ä of neutrality, what amounts to forfeiture of—no single state c^n add to law of nations by its own ordinances, 324. and representation compared, 324. See Deviation. Worms, loss by, 332. KXPL-ANATIO^" OF LAW TERMS AND OTHER WORDS. -Abandon. To forsake, or relinquish and give up. Accrued. Arisen from. ■^^djudicQftion. The judgment or sentence of a court. "ddjudged. Decreed by a court. Jiffreightment. The lading of a ship. Aggregate. The sum or amount of. ■Allegation. Something affirmed, or declared. Alien. A foreigner. Ambiguous. Of doubtful, or uncertain meaning. Analogy. Resemblance. Annulled. Made void or of no effect. Apportioned. Divided into proportioned parts. Apportionment. A division in just proportions. Assignee. The person to whom a thing is assigned or transferred. Assurers^ or Insurers. Persons who fake upon themselves a risk for an¬ other. Darrairy. A fraud by master or mariner against the owner of the ship. Belligerent. A nation at war with another, or a subject of such a nation. Blockade defacto. A blockade accompanied with sufficient force. Bona fide. With good faith, or in good faith. Bottomry. The name of a contract by which a ship is pledged for money lent. Breach. A violation of something, as of a con¬ tract, or of orders. Coeval. Of the same age. Conclusive. By certain consequence or effect. Chancery. A Court of equity and conscience, es¬ tablished to moderate the rigor of strict law. Charterer. The person who hires a ship to use hei for a certain time, or for a certain service. Civil Law. The Law of the Romans. Cognizance. Judicial notice, or official notice of some court. Collateral. Net direct, but having relation to. Commentators. Writers, whose works are intend¬ ed to explain the subjects upon which they write. Common Carrier. A person who keeps and uses a waggon, or other carriage, (o convey goods fiom place to place for all persons who wish to have goods transported. Common Law. The rules and principles which are not found in Acts of the Le¬ gislature, but which have been settled and established as law by the practice of ages and immeino- vial use. Corollaries. Conclusions or things which may be inferred from sometlùng laid down. Consignee. The person to whom goods and mer¬ chandize are sent by another person, who is called the consignor. Consignor. The person who ships goods and merchandize, and sends them to an¬ other. Consonant. As used in this work^ is agseeable to. Concurrence. Union, Agreement with. Contraband. Prohibited. Contingent. Dependent upon the happening or not happening of something future. Contravention. Opposition. Court of Admiralty. A court having jurisdiction of matters on the high seas. Countermand. To recall. Covenant. A contract entered into under a seal¬ ed instrument. Covenanted. Contracted by an instrument under seal. Deed. An instrument under seal. Defendant. Tne person who is summoned into a court by another, and is called upon to defend himself against some charge or demand. Defeasible. Liable to be made void upon some fu¬ ture event. Delinquent. Found wanting in the performance of some duty. Deterioration. The act of growing worse. Demurrage. An allowance to the master or own¬ er of a ship for staying in a port lon¬ ger than the time allowed. Disbursing. Laying out, or expending. Distrain, To seize and take possession of some¬ thing to enforce a payment of money, or the performance of some duty. Domicil. Place of a person's home. Egress. The going out, departure from. Emhetzlemenl. The act of appropriation, by breach of trust, the thing appro¬ priated. Exchequer Court. The court where matters which concern the revenue aie deter¬ mined. Executor. A man who is appointed by the last will of another to settle his estate, and represent his person after his death. Executrix. A woman so appointed, &c. &c. Expedited. Dispatched, hastened. Factor. One who acts for another. Fallacious. False. Felony. An infamous offence. .Fictitious. Not real, imaginaiy. Hostagt. One given in pledge for the perform¬ ance of a condition. Hostile Embargo. An embargo that seems to be preliminary to a war. 366 Hypothecate. To put in pawn or pledge for a loan. Illicit. Unlawful. Immunity. Discharge from obligation, pardon, privilege, exemption. Imbecility. Weakness. Incidentally. Occasionally, casually. Impeached. Called in question, as improper, unfair, incorrect, or unlawful. Incumbent. ^5 iwed Aere, when speaking of some duty ; means that the duty spoken of, lies upon him to whom the word is applied. Indemnity. Safety from harm, and expense against future circumstances. Indefinite. Not fixed or rendered certain. Ingress. Going into—applied in this work to en¬ tering into some port. Inherent. Existing in something else. Insolvency. Inability to pay debts. Interpleader. A term used when a point is dis¬ cussed which incidentally comes up before the main cause is decided. Interrogatories. Questions. Irrevocable. That which cannot be revoked. Jetti&on. Imports the act of throwing part of the cargo overboard in time of danger, to save all the rest, and the ship. It is also applied to the thing which is thus sacri¬ ficed for the safety of the whole. Judicial. Pertaining to Courts and legal proceed- ings. Jurisdiction. Legal authority—sometimes the ter¬ ritorial limits within which an au¬ thority exists. Jurisprudence. The science of law. Law of Jfations. Certain principles and doctrines which are established and prac¬ ticed upon by long and settled usiige in all nations of the chris¬ tian world. Laws of Oleron. Laws of an ancient ordinance, - so called because tiiey were framed and declared in that isl¬ and. Legal. LawfuJ. Legalize. To render or make lawful. LiOellaTit. The name generally of the prosecutor or plaintiff in a suit in the admifdlty court Lien. Is the right a person may have to retain (he possession of a particulai thing for secur¬ ing the payment of something due, or the performance of something to be done. Liquídate. To clear away, to le?sen, or to settle. Literally. Minutely, precisely, even to exactness. Litigation. Controversy in Courts. Local. Appertaining to the place. Manslaughter. The act ot killing a leasonable being without previous malice. Marine ordinances. The rules and regulations which nations have adopted for the government of affairs upon the Idgh seas. MariLime Interest. The rate ol interest agreed upon between the parties upon a bottomry or respondentia contract. Maritime Law. The law which relates to ships and mariner's affairs. Militate. To run, or operate in opposition to. Monopoly. The exclusive right to the privilege or thing to which the word is applied Mortgagor. The person who puts his property in pledge for the performance of some condition. Mortgagee. The person who receives such a pledge. Municipal. In strictness confined to the affairs of a city or free town ; but, by use, ap¬ plied to the internal affairs of a king¬ dom, or state. Muniments. As here used, papers or instruments which exhibit proofs oí title. Jfeutrals. Persons or nations not involved in an existing war. JVugatory. Of no effect. Obligor. The person who lays himself under some obligation to another by a deed or instru¬ ment under his seal. Open Policy. A policy of insurance in \yhich the contracting parties have not agreed ^ upon the value of the thing insured. Ordinances. Rules of law—applied herein to the general requisitions of maritime af¬ fairs by the law of nations. Pendency. Sometimes denotes the being in a slate of continual existence—sometimes the state of remaining unsettled. Plaintiff. The person who calls another into Court. So call'd because he makes his complaint or plaint for the injury he seeks to have redressed. Precedent. An cxan:ple. Prima.facie. Apparently, at first sight, by pre¬ sumption. Priori y.. The situation of being first in order. Privity. Sometimes imports with the knowledge of—sometimes it means a connection with, or a relation to the person or thing to which the word is applied. Prorata. According to a fair rate or proportion. Quantum. Quantity, sum, or amount of. Quere. As hete used—it may be a>ked, or it is questionable—or it is not absolutely clear. Ratable. Proportionable. Refund. To repay. Reprisal. That which is seized by way of recom- pence for any act of fraud or violence. Respondentia. The name of a loan, upon which goods, on board a ship, are pledged • for the payment. Reciprocal. Operating upon both parties. Reversal, Applied to a judgment or sentence— means the setting it aside. Revocation. The act of recalling. Salvage. Any thing saved from the wreck or loss of property insured. Solvency. Ability to.pay. Specific. As herein used, made certain, clearly and distinctly pointed out. Statutes. Written laws enacted and published by a legislature. Stipulation. A contract or a part of a contract, or or bargain. Stoppage in transitu. Is slopping on the way or passage J that Is alter ship¬ ment, and before any ac¬ tual or legal delivery to the consignee. Subordinate. Inferior to, or under. Subsequent. After, or later. Subtilties. Niceties,refinements, cunning, artifices. Technical. Applicable to some particular act or science. 367 Tortious. By wrong, wrongful. Transfer, To make over from one to another. Tranship. To transport in another ship. Transversely. As used herein—means crosswise, that is as applied to writing on an instrument to write across the for¬ mer writing upon it. Underwriter. Insurer. Usage. A practice sotlled by uniform custom. Usury. A rate of interest beyond what is allowed ' by law. Vacate. To annul or render ineffectual. Vague. Uncertain. Valid. Of full forco. Validity. The state of being firm and binding. Valued policy. A policy where the value of the thing insured is fixed by agreement. Vendee. Purchaser. Vendor. Seller. Venial, Pardonable, excusable. Vested, Fixed, settled. Vitiate. To corrupt or render criminal or unlaw¬ ful. I'oid. ErTjpty,of no effect. Wager. As applied toa policy of insurance means a contract to make insurance when there is nothing at risk. Waiver. The relinquishment of some right. Warranty. A stipulation of facts or engagements in insurance, which if untrue, or un¬ performed, destroys the contract, from the beginning. t. ^ \ ■■■■ \\ Fig. 44 Q ■.. Fig. 43. ommuilicátions were received by the author shortly after the the press. As it cannot be supposed that Seamen generally 3ges of that branch of the Law, introduced into this work, so frequent occasion to consult ; the author begs leave to re- ii'ly to the communication signed by Simon Greenlëaf, Esq. '■ Law at Harvard University, Mass. which no doubt will give fmrcöiilidence iq this part of the work: Ig had occasion to examine the 'Seaman's Manual,' published by Capt. Francis Instructor of the Nautical School.in this city, I can cheerfully bear testimony to . Though its title indicates that it is addressed only to searnen, yet the book will highly useful to all classes of men, in any mander engaged ,in commerce. Of be instructions to ship masters, relating to nautical affairs, I am not qualified to ut the work will be particularly valuable to merchants and supercargoes, as well , for a very brief and plain abstract of the law of bills of exchange ■; and especially fthe most faithful, lucid and correct summaries of the marine law with which I linted.» This part of the book it is believed, may be j-elied on, it being understood work of a ju<»Btknown to be deeply versej^ in this'brijmch of the law." SIMON'GilEENLEAF," [Roycd Pi-ofessor^Laitnai Harvard University, Mass.] apfcis G.-Clar», . * ' ■ Sir: Agreeably to your request, I thoroughly"examined your Seaman's Assist- link it an excellent vjork, containing all that is h'ecessary, and nothing superfluous, able undoubtedly for .all classes of seamen ; containing the most practical matter ork of t.he kind wit^ which I ain''acquainted. ■ The Marine Laws, together with es. Laws of Exchange and Exchange Calculations, appear to me not only valua- Vnen, bht would be''found also valuable in the Counting Ropm qjT the merchant ; feve it wçuld be generally acknowledged, after a fair investigation, that the work irly adapted for the use of such as are in any way engaged in commerce. EDWARD KELLERAN. G. Clark, • Sir : Your Seaman's Manual has been in my possession more than a year, and ing given it a careful perusal I am happy to have it in my power to bear testimony efuluess. I consider it decidedly the most valuable compendium of information jred to the sailor. The rules given by you for rigging and sail making aré very md practical, I have used them-with invariable success. 'The diagrams accompa- >ur explanation of Abe principles on which some of the calculations in Nautical ay rest, are very satisfactory, and will certainly enable beginners to understand uct better than any former treaties that has come to my knowledge. In giving to u the brief manner you have,the Laws and Usances guiding the course of Exchange ;rent parts of the world, you have explained a subject more fraught with embar- than any other with which they have to contend in transacting foreign business—• mr Epitome of the laws relating to Shipping and Insurance, you have given to es for their guidance than are at once simple and accurate.' elusion, I would state that I have shown your tvork to many merchants and mas- ssels, both at home and abroad, and from all who have had an opportunity of ex¬ it, I have heard but one opinion—.and that most emphatically in its lavor. I trust '""S yu will be obliged to issue a new edition of this work, for no master of a ould be without one. Yours truly, R. SOUTHGATE BOYD. ANCis G. Clark, ' • - ^ . As I had made up my min'd that the Seaman's Manual was the most practical s^the most useful work for Seamen, now extant; I was highly gratified to hear Nevins, Esq. Ui S. Vice Consul at Waterford, (Ireland) express his opinion on the the most flattering terms. He said : "I consider the work most valuable for Sea- me it is particularly so, as it contain^the'best summary of the Marine Laws, Laws les of Exchange, &c. that I have ever before examined." ivins being very desirous to possqsh the work, I was bappy to have it.ixi my pow- sent liim with a copy. Yours, &c. WILLIAM GORHaM, Jr. Late Master of the Brig Ifichmond. tisement of Pearson & L^tle's, Book-sellers, we notice the fol- ■ * t * , J solves at liberty to state that JOSEPH HARROD, Esq. Merchant" at xpressed his opinioh'of the work in the most unqualified terms of appro- it IS highly valued by our merchants, as it contains the monies of Ex¬ ige Calculations on many parts of Europe, which they have long sought