Page:The American Cyclopædia (1879) Volume XIV.djvu/896

 SIIHMMNC sun- voi;i analogous ti> those which regulate tho pnymont of freight; but nn tho money is in. I earned except by carrying tin- passenger, or /mi r>it<t h carrying liini u part of the way with his consent, it may 1 10 recovered hack when il IIMH lie MI p:iiil. as it usually is, in advance, ami nl earned. Not niily is Iho owner of the ship bound to tho o vnor of tho cargo, IIM noun us ho receives it, to lado it proporly, to tak of it wbilo on hoard, to furry it safoly, HO far as tho seaworthiness of tho ship is concerned, to its dostiiiod port, and thon deliver it all in a prop.-r way, but tlio ship itself is bound to tho discharge of these duties. An owner, vo liavo said, may lot his ship to others. Tho in Htrumont which contains the evidence of such a contract is called a charter party, an ancient u HMO, tho origin of which is not quite certain. Tlio form of tho instrument varies with the bargain between the iwrtics. (inn-rally only tho burden of the ship is let, tho owner holding possession of her, finding and paying inasU-r and crew, supplies and repairH, and navigating her as is agreed upon. Sometimes, however, tho owner lets his ship as he might lot a house, and tho hirer takes possession, mans, navigates, sup|. lies, and even repairs her. Tho charter party should designate particularly tho -hip and inaHtor and tho parties; Hhould describe tho ship generally and particularly us to her tonnage and capacity ; sin mid deHtgnato esno- cially what partH of tho -hip are let, and what parts if any aro reserved to tho owner or to tho muster to carry goods, or for tho purpoHo of navigation ; Hhould describe tho voyage or tho period of tirno for which tho ship is hired with proper particularity ; and Hhould set forth tho lay days, tho demurrage, tho obligations upon oithor party in respect to the navigation or furnishing of the ship, and all tho other particulars of tho bargain. Lay days are those which are allowed tho charterer for loading or unloading tho vessel. If more time than tliaso agreed lay days is occupied, it tnunt be paid for, and the amount tliun paid in called de- murrage. By tho charter party tho hirer (or charterer) usually agreed to pay HO much do murrogo a day. If tirno ho occupied in repairs of tho ship which aro made necessary without tho fault of the owner or matter or of the ship itself, that is, if they do not arise from In r original unseaworthiness, the charterer pays during this time. Hut gum-rally speaking, tin-re lit no claim for demurrage on tho charterer for any delay which is induced by the action of the elements, as ire, tide, or tempest, or from any act of government, or from any real disability ( the consignee which could nut he imputed to his own act or to bis own wrong- ful neglect. Tin- contract of charter pai : be dissolved hy tho parties by mutual eon, ni, or without tin ir consent by any eireiiin which renders the contract illegal; as f. . ample, a declaration of war, an embargo, or a blockade. In the navigation of the ship, the whole care and supreme command are iutniHt- 0(1 to the master, lie mil'.! see ID everything that respects her condition, includin pairs, supplies, loading, and unloading, lie is principally I he agent of theowinr. I ertain extent tho agent of the shipper and of the insurer, and of all who are ini.t- i.d in the properly under his charge. Much of In. authority as agent of the owner springs from necessity. In a case of extreme IK mav eeii sell the ship ; ho may pledge In a debt by a bottomry bond; In ma .-bailer her for a voyage or a term of lime; ami raise money for repairs or incur a debt there for, and make his owners liable, (.ncrally the master has nothing to do with the h, i .en tho lading and the delivery; but if the necessity arises, he may sell the cargo or a part of it nl an intermediate port if In- cannot carry it or transmit it, and it must perish bef..i.- ho can rocoivc specific orders. So he may sell it or a part of it, or pledge it by means of a respondent!)! bond, in order to raise mom tho common benefit. A bond of pondcntiu is much the same thing UN to the cargo tint bottomry is as to the ship. It seem m borrowed at maritime interest and on mari- timo rink I y nlodgo of the goods, and the d.-l-t. is discharged when the goods perish. I I,. owner is liable for the master's rong doings; that in, for every injury done by the n while acting in that capacity. 1'iider our pi lot age laws, every ship entering or leaving a harbor must, within certain limits, accept tin- services of a pilot if they are offered, or pay the proscribed fees even if those services aro declined; and if a ship neglect to take a pilot when it should and can do so, the o nors will be answerable in damages to shippers or others for any loss which may bo caused by such neg- lect or refusal. As soon as tho pilot stands on deck he has control of the ship, and is aiiswor- aMe for any damage resulting from Ids own negligence or default. Vet it remains the master's duty and power, in case of obvious and certain disability, or dangerous ignorance or error, to disobey the pilot and disposHORB him of his authority. See also A I;I;AUI., Ki IOMKY, SAI.VAUK, SKAMAN, and STOITAOK IN TUANSI 1 1 SHU' WORN, or Fife Worm, the popular name of the hividve shells of the family i>/it>l< r. The .shell is thick, short, globular, ci|iial-valved, wi<h ly open in front nnd behind, lodp d at Iho larger or inner extremity of a cylindrical lube, straight or sinuous, partly or entirely lim-d ith white calcareoii. mailer, and often open at both ends. 'I he al es an- reduced to UN i .- appendages of the foot ; in tin- centre of their circular opening this organ is protruded, llm whole forming a very ell'ectual boring appara Ins, which is indicate. I by their peculiar -.bape, strength, arrangement of the valvular rii and r 1 "f the adductor muscle. I In- animal is elongated and worm like, tin- length