owners of the vessel, be it therefore agreed by these presents, that whatever officer or seaman the master shall think proper to appoint, shall take charge of her cargo in the lighters, and go with it to the lawful quay, and there deliver his charge to the vessel's husband, or his representative, to see the same safely landed. That each seaman or mariner who shall well and truly perform the abovementioned voyage (provided always that there be no desertion, plunderage, embezzlement, or other unlawful acts committed on the said vessel's cargo or stores) shall be entitled to the payment of the wages or hire that may become due to him pursuant to this agreement, as to their names is severally affixed and set forth: Provided, nevertheless, that if any of the said crew disobey the orders of the said master or other officer of the said vessel, or absent himself at any time without liberty, his wages due at the time of such disobedience or absence shall be forfeited; and in case such person or persons so forfeiting wages shall be reinstated or permitted to do further duty, it shall not do away such forfeiture. It being understood and agreed, by the said parties, that parol proof of the misconduct, absence, or desertion of any officer or any of the crew of said vessel, may be given in evidence at any trial between the parties to this contract, any act, law, or usage to the contrary thereof notwithstanding. In testimony whereof, and for the due performance of each and every of the above-mentioned articles and agreements, and acknowledgment of their being voluntarily, and without compulsion or any other clandestine means being used, agreed to and signed by us, we have each and every of us hereunto affixed our hands, the month and day against our names as hereunder written. And it is hereby understood, and mutually agreed, by and between the parties aforesaid, that they will render themselves on board the said vessel, on or before o'clock in the the noon. day of 18 at This is signed by all the officers and crew, under seventeen columns, which give the following particulars:- Date of entry, names, stations, birthplace, age, height in feet and inches, wages per month, advance wages, advance abroad, hospital money, time of service in months and days, whole wages, wages due, sureties, witness. On the back of this instrument are copious extracts from the laws of the United States for the government of seamen, and then follows a receipt in full in the following words. It should be remarked, however, that the sailor's discharge of all demands for assault and battery or imprisonment, &c. is of little, if any, legal force. &c.; We, the undersigned,, late mariners on board the on her late voyage described on the other side of this instrument, and now performed to this place of payment, do hereby, each one for ourselves, with our signatures, acknowledge to have received of. agent or owner of said the full sum hereunder set against our names; being in full amount of our wages for our services, and all demands for assault and battery, or imprisonment, of whatever name or nature, against said her owners or officers, to the day or date hereunder also set against our names. 32. A Will. It is impossible to do more than to give such forms and rules as will be applicable to all wills, and enable any person to draw a simple will with safety. No one can express accurately provisions for trust estates, remainders, executory devises, &c., without knowing the law on these subjects,—and this is an extensive and difficult department of the law. All that is necessary, and may be relied upon as generally sufficient, is as follows: : I, A. B., of (place and occupation), make this my last will. I give, devise, and bequeath my estate and property, real and personal, as follows, that is to say: Then follow all the provisions and disposition of property which the testator intends, stated fully, plainly, and as accurately as possible, paying due regard to the rules and principles laid down in the chapter of this book on this subject. And if these provisions are carefully presented in distinct and intelligible language, the courts will generally supply whatever of technicality is wanting. Then follows, first, the appointment of an executor, and then the execution, and finally the declaration of the witnesses, thus: I appoint (name, residence, and occupation) executor (or executors if more than one be desired) of this my will. In witness whereof, I have signed and sealed and published and declared this instrument as my will, at (place), on (date). Signed, A. B. [SEAL.] The said A. B., at said (place), on said (day), signed and sealed this instrument, and published and declared the same as and for his last will. And we, at his request, and in his presence, and in the presence of each other, have hereunto written our names as subscribed witnesses. C. D. E. F. G. H. A codicil should be written thus: I, A. B., of (place and occupation), do make this my codicil, hereby confirming my last will made on the (date of the will), and all my former codicils (if there be any), so far as this codicil is consistent therewith; and do hereby - Then follows whatever disposition the testator chooses to make, stating and describing it as he would if it were a will, and executing it and having it attested in the same manner as if it were a will, excepting that, instead of calling it a will, wherever that word occurs, he says "codicil" instead of "will." INDEX. annual rests in settlement of, 231. when compound interest allowed, 232. Action, things in, of married woman, 21, 22. "Act of God," 191-193. usage depends upon, rather than upon as affecting question of domicile, 267. named in deed, 422. with the will annexed, 442. Admiralty, law of. See, in this Index, Law of must be secured before revocation, 145. fraudulent representations as to, 19, 20. Agency, 126-145. 1. Agency in General, 126, 127. who may be agent, 24, 25, 126, 152, 159. particular agent, 126, 127. secret restrictions upon agent, 127. II. How Authority may be given to an Agent, 127-131. orally, or in writing, 127. under seal, 127. by implication, 128. what authority an oral appointment ratification of agent's acts, 128, 129. agency of bank or railroad officers, 130, power of attorney, form of, 468, 469. when agent mixes goods, 131. when agent takes note payable to him- power to warrant, 131. power to accept bills or indorse notes, representations of agent, 132, 137. power coupled with an interest, revo- agency of shipmaster, 133, 305-307. IV. Of the Execution of Authority, 133, 134. power given to two, 133, 134. V. Liability of an Agent, 134, 135, 136. what care and skill agent must use, 139, 140. good faith necessary, 139. agent liable for whole injury, 140. agent or trustee cannot buy of, or sell agent to keep account, 141. for what interest liable, 141, 142. IX. Factors and Brokers, 142–145. guaranty by, 142, 143. when may pledge goods, 143. may insure, 143, 145. hability of, without guaranty commis- discounts procured by, 144. factor may use his own name, 144. may sell to cover advances, 144. acts for one party only, 144. broker uses only name of principal, 144. may act for both parties, 144. no authority to receive payment, 144. advances must be secured before revo- foreign factor, 145. domestic factor, 145. our States foreign in this respect, 145. to use reasonable care, 145. X. In other respects: of wife, or party treated as such, 24, of partner, 152, 159. withdrawal of offer, 29, 30. 371. extrinsic, when, 32-34. to explain, or identify, 32, 33. to contradict a receipt, 33, 84, 334. but deed not affected, 33. to rebut legal inference, 33, 34. as of payment on demand, when no to supply part not reduced to writing, when third parties are interested, 34. VI. Custom or Usage, 34-37. force of, 34, 35. affecting the meaning of words, 35. must be established and known, 35, 36. unreasonable or oppressive, 36, 37. must be uniform and continued, 37. when opposed to agreement or inten- principles of, apply to common car- Alien, in time of war cannot contract, 16. riers, 193. in proof of debt against insolvent es- bankruptcy of agent, rights of principal of owner and master after abandon- agent how authorized to execute deed, purchase of land by agent, 418. in matters of insurance, 136, 316, 317, of ship's husband, 277, 278, 316, 384. affected by the Statute of Frauds, as to carrier's liability, 196-198. when enforced in shipping, 295. should be written, signed, and wit- how oral testimony affects, 451 Agreement and Assent, 26-37. 1. Legal Meaning of Agreement, 26–28. explicit words, 26. intention of parties, when to govern, 27. II. What is Assent, 26, 28, 29, 30. direct affirmative, 28. conditional acceptance, 28. may act as agent, 126. vessel belonging to, cannot be regis- Allonge, 87. Alterations, in a policy of insurance, 317. in will, 440. Ambiguous Instruments, 92, 93. in claims against insolvent, 244. 264. "Apparel," of a ship, 275. Apparel, wearing, assignee in insolvency does exempt from attachment and levy, 250. in fire insurance, 374, 375. I. Of the Submission and Award, 166-172. essentials of an award, 166–169. severable award, 167, 169. award in the alternative, 168. award upon condition, 169. award void in part, 167, 169, 170. award when enforced, 170. covering all demands and questions," implied award of release, 170. form of award, 170, 171. award to whom delivered, 171, 174. |