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a right to recover for whatever he has supplied to the

passengers.

H. 527.

700. In everything relating to the preservation of order and discipline on board, passengers must, without any exception, submit to the arrangements made by the captain. B. Bk. II., 123, G. 666, H. 528. E. 133.

News. 34, M. and P. 694, Macl. 312.

701. The captain is not obliged or allowed, for the convenience or business of passengers, to touch at or enter ports which cause the vessel to deviate from her voyage, nor to stop longer in those at which he has to call than is necessary for the business of the voyage.

H. 529. E. 148.

702. Unless otherwise agreed, the maintenance of passengers during the voyage is deemed to be included in the passage-money, but if they victual themselves, the captain is bound in case of necessity to supply them with needful provisions at a reasonable price.

B. Bk. II., 121, H. 530 diff., I. 588, P. 573. E. 142 diff.

703. A passenger will be considered as a shipper in respect to the effects he brings on board, and the captain will not be responsible for those which he keeps in his own custody and control, unless they sustain damage from the act of the captain or crew.

B. Bk. II., 122, G. 673, 674, H. 532, I. 589, Sw. 124, E. 144, 145.
News. 35, M. and P. 695.

704. The captain, in order to secure payment of the passage-money and maintenance may retain the effects of the passenger, and in case of their being sold, will be preferred to other creditors, treating the case similarly to that of the collection of freight.

B. Bk. II., 124, G. 675, H. 533, Sw. 125. E. 147.

News. 34, M. and P. 695. Wolf v. Summers, 2 Camp. 631.

705. If a passenger dies in the course of the voyage, the captain is authorised to take what steps may be necessary

with regard to the corpse, and must carefully guard the papers and effects on board belonging to the passenger, following the rules laid down in § 10 of Art. 612, with regard to members of the crew.

B. Bk. II., 125, G. 676, H. 531. E. 146.

(6).

Of Bills of Lading.

706. The captain and shipper of goods in a vessel are bound to draw up a Bill of Lading in which are stated:(1.) The name, port of registry, and tonnage of the ship. (2.) The name and domicile of the captain.

(3.) The ports of loading and discharge.

(4.) The name of the shipper.

(5.) The name of the consignee, if the Bill of Lading be to a special person.

(6.) The quantity, quality, and number of parcels, and the marks on the goods.

(7.) The freight and gratuity to captain agreed on.

A Bill of Lading may be to bearer or order, or to a person named, and must be signed within twenty-four hours of the receipt of the cargo on board the ship, failing which the shipper may demand the redelivery of the cargo at the captain's expense, and in all cases the damages and losses occasioned.

B. Bk. II., 40, F. 281, G. 644, 645, H. 507, 508, I. 555, N. 56, P. 538, Sw. 96.

E. 99.

News. 48, 49, 50, M. and P. 338.

707. The original Bill of Lading must be fourfold (i.e., there must be four identical specimens of it), and the captain and shipper must sign them all. The shipper keeps one and forwards another to the consignee. captain holds two, one for himself and one for the shipowner.

The

There may be as many copies of the Bill of Lading as parties concerned think necessary, but when they are to "order" or "bearer" the destination must be stated in all the copies, whether the four above-mentioned or the later ones, pointing out whether it is for the ship's husband, captain, shipper, or consignee; if the copy intended for the last-mentioned person is in duplicate, it is necessary to mention that fact on the duplicate, and also to state that the duplicate will not be valid except in default of the original.

B. Bk. II., 41, F. 282, G. 644, H. 509, 510, I. 555, 556, P. 538, Sw. 95. E. 100, News. 53, M. and P. 338, 339, Macl. 366.

708. A Bill of Lading "to bearer," sent to the consignee, will be transferable by simple delivery of the document, and, if "to order," by endorsement.

In both cases the transferee of the Bill of Lading acquires all rights and actions of the former holder or endorser over all goods to which it refers.

B. Bk. II., 44, G. 646, H. 508, I. 555.

News. 50, 51, 52, M. and P. 344, Macl. 372.

709. A Bill of Lading drawn up as here directed will be conclusive as between all parties concerned in the cargo, and between them and their assurers, saving, however, to the last mentioned a right to contradict it by evidence.

B. Bk. II., 42, F. 283, G. 653, H. 512, I. 558, P. 540. E. 101.

M. and P. 343.

710. If there is a discrepancy between the Bills of Lading, and none of them shew marks of alteration or erasure, those signed by the captain or owner and in the possession of the shipper or consignee, are believed in favour of the latter, and against the captain and owner, and those signed by the shipper are conclusive against the shipper and consignee in favour of the captain or owner.

B. Bk. II., 43, F. 284, H. 515 diff., I. 559, R. 1014, Sw. 100, 101. E. 102. M. and P. 350.

711. A lawful holder of a Bill of Lading ought to present

it to the captain of the ship before the discharge, and is liable for the consequences of omitting to do so, and, if in consequence the cargo is landed and warehoused, will be answerable for the expenses of storage and all others that are caused thereby.

B. Bk. II., 78, R. 1027.

News. 76, M. and P. 322.

712. A captain cannot change the destination of the goods without authority; if such an alteration is allowed at the request of the shipper, he must first get back the Bills of Lading that have been forwarded, under penalty of answering for the cargo to the legal holder of them.

M. and P. 138.

713. If before delivery of the cargo a fresh Bill of Lading is demanded from the captain, on the ground that the former ones, which have not been presented, have miscarried, or for other just cause, he must give it, on getting bail to his satisfaction for the value of the cargo, but without any alteration in the consignment, and expressing in the fresh Bill all the particulars mentioned in Art. 707, where it is one of those Bills of Lading to which the Article refers, under penalty, in either case, of being liable for such cargo if, by his omission, it is wrongly delivered.

714. If, before the ship goes to sea, the captain dies or vacates his appointment by any accident, shippers have a right to require the new captain to ratify the former Bills of Lading, and he must do so, always provided that copies already issued be presented or returned, and that it appears from overhauling the cargo that it agrees with them. Expenses occurring by overhauling the cargo will be the shipowner's, without prejudice to his recovering them from the former captain if discharged for his own fault. If there is no such survey of cargo, it is considered that the new captain accepts the cargo as stated in the Bills of Lading which have been forwarded,

P. 544:

715. Bills of Lading give rise to a summary or immediate action (acción somarísima ó de apremio), if necessary, for the delivery of the cargo and payment of the freight, and charges arising from it.

F. 280.

716. If several persons present Bills of Lading "to bearer" or "to order " endorsed to them, claiming the same goods, the captain will give a preference to the one who presents the first Bill of Lading forwarded, except in case the holder of a later one can shew that the former one has miscarried, and they are in the hands of different persons.

In this case, as also when second or later Bills of Lading alone, without such justification, are presented, the captain will call on the Judge or Tribunal to authorise the warehousing and subsequent delivery of the merchandise, under direction of the Court, to the persons entitled.

B. Bk. II., 44, G. 651, H. 515-518, I. 557, N. 63, 64, P. 539. Sw. 98.
News. 53, 54, M. and P. 359.

717. The delivery of a Bill of Lading cancels all provisional receipts of prior date given by the captain or his officers in respect of parts of the cargo.

G. 644, N. 56, S. 95.

News. 49, M. and P. 338, Macl. 366.

718. When the cargo is delivered, the Bills of Lading signed by the captain are returned to him, or, at all events, the copy against which he has delivered, with a receipt for the goods signed upon it.

Delay on the part of the consignee will render him liable for losses that the delay may cause to the captain. B. Bk. II., 46, F. 285, G. 652, I. 560, R. 1035, Sw. 99. E. 103.

SECTION II.

Of Bottomry, or Loans on Maritime Risks.

719. That is deemed to be a loan on bottomry, or on maritime risk, in which, whatever the conditions may be,

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