Page:Federal Reporter, 1st Series, Volume 7.djvu/843

 IBS C. H. TITUS. 831 �a «alvage service, the necessity for it was not so pressing and immediate that the master had not ample time and opportu- nity to commtmicate with the owner of the cargo before calling in the assistance of the libellaiit. The general rule tmdoubtedly is that the power of the master to bind or hypothecate the cargo for extraordinary expenses, proper or necessary to enable him to continue the prosecution of the voyage, arises only from the necessity of the case. His power over the cargo is primarily io carry it, not to sell or hypothecate it. It is an exigency unprovided for in the con« tract of affreightment, -which elothes him with power, as the agent of its owner, to sell or bind it as security for extraordi- nary expenses in the prosecution of the voyage. And on this ground, if it be practicable under the circumstances in •ttrhich he is placed, the master is bound to communicate with the owners of the cargo before he can hypothecate it^ or incur such expenses as will give a lien on the cargo. The JvXia Blake, and cases cited, 16 Blatchf. 472. �I see no reason why this principle should not apply to a service of this character under the circumstances in which this master was placed. His boat was in no appreciable present peril. The caigo was one not liable to be damaged by sait water. The boat could lie where she was in entire safety for two or three days without being liable to further damage. She was not sunk in a navigable chaunel, as in the case of The John C. Churchill, -1 Bent, 343» �The libellant, having made no inquiries, is bound by the facts as they were. It is to be presumed that if he had inquired he would have leamed who and where the owner of the cargo was. No doubt there are f requently cases of sunken or sinking canal-boats where the necessity for aid both to boat and cargo is so pressing as not to admit of communica- tion with the owners of the cargo before engaging assistance, though they be close at hand, — cases where any delay involves the risk of damage. In such cases the master's power to act as agent of the owner of the cargo arises, and it is his duty to act,at once. Every case depends on its own circumstances. ��� �