of equity, 10, 11.

can only give compensation in money
for damages, 11, 427.

remedy by, for mistake in policy of
insurance, 11, 373, 374.
explanation of the term, 11.

of real estate, 12, 13, 20-23, 151, 152,
258, 262, 417-427, 441.

of personal property, 12, 21-23, 48-66,
151, 258, 262, 263, 270, 431-433.
questions of, 13, 14, 171, 207, 241.
detests litigation, 39.

in partnership matters, 157-159, 160,
161.

mistakes of, 27, 28, 171, 172, 222, 223.
of nations, whether bankrupt system
forms part of, 257, 258.

force of, how far extending, 261, 262.

contracts in violation of. See, in this
Index, Illegality; Fraud

correction of mistake by, 373, 374.

Law-Merchant, unity and system of its princi-
ples, 4, 5.

what constitutes, 5, 10.

substantially the same in all civilized
countries, 7.

what contracts governed by, 10, 16.
modifies common law, 38.

Law of Place, 261–269. See, in this index,
Bankruptcy and Insolvency, IX.

I. What is embraced within, 261.

place where contract made, 97, 261.
place of domicile, 261.

place where thing situated, 261.
place of tribunal, 261.
importance of, 261.

II. General Principles, 261–263.

laws bind within the State only, except,
261, 262.

contract invalid where made, invalid
everywhere, 262.

contract valid where made, valid every-
where, 262.

foreign revenue laws, 262.

contracts as to personal property, how

construed and applied, 258, 262, 263.
contracts as to real property, 258, 262.
III. Its Effect on the Capacity of Persons to con-
tract, 263, 264.

when laws differ as to legal age, 263.
IV. Place of the Contract, 264 - 267.

when and where contract made, 48-50,
264. See, in this Index, Agreement
and Assent.

by letter or separate signatures, 264.
goods ordered by letter, 264.

made in one place, to be performed
elsewhere, 97, 204.

ante-nuptial contract, 264.

as determining the questions of interest
and usury, 265, 256.

process and remedy governed by what
law, 97, 226, 266.

form of action by what law, 97, 98, 266.
arrest, the right of, governed by the law
of the forum, 98, 256.

foreign laws presumed like law of
forum, 98.

demand and notice, according to what
law to be made, 109.

V. Of Domicile, 257 -2.9.

what is, and how changed, 207–209.
can have but one, 207.

party retains, until another is acquired,

269.

statute requirements, 273.

bill of sale, 273, 274, 454, 455, 470.
oral transfer, 273, 274.

when transferree can claim new reg-
ister, 273.

recording conveyances of vessels, 273,
274.

liens by bottomry, force of, without re-
cording, 274.

what possession, necessary to transfer,
274, 275.

what passes by the word "ship," 275.
the words appurtenances,' ap-

parel," "furniture," 275.
when transfer takes place, if payment
is made by instalments, 275.
sale by decree of court, 276.
III. Of Part-owners, 276-278.

how persons may become, 276.
presumption as to shares, 276.
may or may not be partner, 276.
one may sell his share, 276.
upon death of one, 276.
power of majority, 276.
power of one, 276.

how liable, 276, 277.

When one gives note, 277.

ship's husband commonly part-owner,

277.

agency, power, duty, and liability of
ship's husband, 277, 278.

lien of part-owner on shares of other
part-owners, 278.

IV. Liability of Mortgagees, 278.
V. Of the Contract of Bottomry, 279–281.
nature of, and essentials, 279-281.
"marine interest" upon, 279.
what amounts to usury upon, 279, 280.
additional security, 279, 280.
when made, and how enforced, 280.
lender may insure the vessel, 280.

when voyage terminates sooner than
expected, 280.

overrides contracts and liens, 280, 281.
later sustained against earlier, 280.

does not depend on possession, 281.
delay in collecting, 281.

differs from mortgage,

281.

need not be recorded, 281.

nor be for the necessities or uses of the
ship, 281.

form of bottomry bond, 473.

VI. Of the Employment of a Ship by the Owner,

281-290.

carriage of goods on freight, 282-290.
how may load ship, 282.

meaning of "freight," 282.

reciprocal obligations of ship and cargo,
282.

liens of shipper and ship-owner, 282-284.
bill of lading, 283, 284, 287 - 289.
what should contain, 283, 284.
to be signed by master, 283.
delivery and tender of, 283, 284.
indorsement of, by consignee, 283, 284.
form of, 474.

evidence of what, 284.

mistakes in, may be corrected, 284.
waiver of lien, 284, 285.

contract of affreightment entire, 285.

whether freight due when voyage is

interrupted, 285, 286.

transshipment, and cost of, 285.

proportionate freight, 286, 287.

reception of goods by owner, 286.

when master cannot forward, 286.

who is liable for freight, 287.

freight paid in advance and not earned,
287, 288.

excess of freight recoverable, 288.
to whom freight is due after sale or
mortgage of ship, or lien by bottomry,

288

illegal voyage, 288.

"the dangers of the seas," 288 - 290.
the question of freight and damages
when goods are damaged or lost,
287-290.

passage-money, 290.

VII. Of Charter-parties, 290–295.
definition and contents of, 290.

agreement for, 290.

what is generally let, 290.

bills of lading by whom given, 291.

form of charter-party, 471.

not varied by external evidence, 291.

lien of ship-owner, 291, 292.

lien of charterer, 291.

what freight hirer pays, 291, 292-294.

whether possession necessary to own-

er's lien, 292.

double voyage, 292, 293.

whether freight is due if ship is lost on

return voyage, 292, 293.

lay-days and deinurrage, 293, 294.

vessel lost after lay-days commence,
freight is due, 293, 291.

when charterer pays for time while re-
pairs are made, 294.

abandonment by charterer, 294.

delay of ship, who pays, 294.
seizure, embargo, or capture, 294.
when ship is condemned, 294.
dissolution or suspension of the con-
tract, 294, 295.

by mutual consent, 294.

by war, embargo, non-intercourse,
or blockade, 294.

bargain between the parties enforced,
except when, 295.

VIII. General Average, 295-301.

meaning of, and applied to what, 295,

296, 300.

what losses entitle to, 295.

voluntary loss, 295 296.

loss of cargo to save ship, 295.

loss of ship to save cargo, 295.

stranding of a ship, 295.

loss must be with intent to save some-
thing else, 296.

ransom paid to captor or pirate, 297.
cutting away bulwarks, 297.

unintended effect of intended act, 297.
sea and war risks, 297.

loss of goods laden on deck, 297.
repairs, wages, provisions, and expen-
ses, 297, 298.

rules or usages for making contribu-
tions, 298, 299.

how value of ship, freight, and cargo is
to be ascertained, 298, 299.
when and how average adjustment to
be made, 299-301.

adjustment in foreign ports, 300.
our States foreign in this respect, 300.
master may hold goods until general
average is paid, 300.

whole loss not compensated for, 300.

IX. Of Salvage, 301–304.

two distinct meanings, 301.

who entitled to, 301.

lien for, 301, 302.

insurers' liability for, 302.

applicable to all maritime property, 302.
confined to what, 302.

claim for, how enforced, 302, 303, 304.

what are salvage services, 302, 303.

who may be salvors, 303.

amount and proportions of salvage, 303,

34.

reward of hazard, 304.

when property may be sold, 304.

share of ship-owners, master, &c., 304.
trial had before Admiralty Court, 304.
when jury called in, 304.

X. Navigation of the Ship, 304-309.
1. Power and Duties of Master, 304–307.
supreme power, duties coequal, 304.
as to ship's condition, repair, supply,
loading, navigation, unloading, 305,
306.

agent of whom, 305.
necessity of authority, 305.
when may sell ship, make bottomry
bond, incur debt, charter ship, dole-
gate his authority, 305, 306.

is general agent, 305.

what necessity must exist, 305.
master's duty as to cargo, 306.

when may sell or hypothecate cargo,
306, 307, 361.

respondentia bond and maritime inter-
est, 306.

scope of his authority, 307.

lien of, on freight-money, 307.
primage, 307.

owner when liable for wrong-doing of,
307, 309.

2. Of Collision, 307–309.

parties equally at fault, 307, 308.

neither at fault, 308.

one at fault, 308.

rules as to sailing and meeting vessels,
308.

steam-vessels, 308.

when lights should be hung out, 308,
309.

negligence, 309.

underletting, or assigning, effect of, 436.
contract for assignment of, 46.
landlord pays taxes, 436.

when tenant entitled to crops, 436.
notice to quit, 155, 436, 437.
notice when rent is unpaid, 437.
notice by tenant, 437.

the law of fixtures, 437, 438.

what tenant may take away, 437, 438.
forms of, 465, 467.

Legacy. See, in this Index, Wills.

whether bankrupt may decline, 252.
to bankrupt after decree, 252.
Legislature, powerof, to amend, annul, or adopt
the common law, 9.
Letter.

See, in this Index, Agreement and As-
sent; Law of Place.

insurance effected by, 316, 371.

Libel, by agent, 138.

in admiralty, 302,

master limited, 307, 309.

XI. Of the Seamen, 309–312.

seamen and mates equally protected,

309.

Life Insurance, 404-416.

I. Purpose and Method of, 404.

II.

404.

insured party,
life-insured, 404.

how effected, 404.

application, 404.

evidence of physician and friends, 404.
Of the Premium, 405.

premium notes, 405.

self-inflicted death in insanity, 406, 407.

death at the hands of justice, 497.

when premium must be paid, 407, 408.

waiver by company, 407, 408.

statement in proposals, 408.

time of death, 408, 409.

presumptions of death and life after
absence, 409.

death, question of fact, 409.

IV. Of the Interest of the Insured, 409–411.
on life of husband for wife's benefit, 23.
insured must have an interest in life-
insured, 409.

what pecuniary interest sufficient, 409.
when creditor may insure debtor's life,
410.

effect of payment by insurers, 410, 411.
when insured transfers debt to com-
pany, 410, 411.

V. Assignment of a Life Policy, 411, 412.
what constitutes, 412.

delivery and deposit, 412.

by deed, 412.

verbal promise to assign, 412.

when avoids policy, 412.

VI. Warranty, Representation, and Conceal-
ment, 412-416.

answers to questions, 404, 412-414.

good faith requisite, 413, 415.
unconsciousness of insanity, 413.

the expression “good health" in poli-
cies, 413.

dyspepsia; consumption, 413.
spitting blood and cough, 413, 414.
every physician of life-insured should
be stated, 414.

warranty of temperate habits, 414, 415.
as to fits, 415.

concealment or non-statement of facts,
415.

intention of going into danger, 415.
honest error, 414, 415.

when policy differs from agreement,
415, 416.

VII. Insurance against Disease and Dishonesty
of Servants, 416.

Lightning, when carrier liable for loss by, 191,
192.

injury by, when covered by insurance,
393.

Lights, when to be displayed by ships, 308.
Limitations, 203–217.

I. Of the Statute of Limitations, 203, 204.
when passed, and provisions of, 203.
Lord Tenterden's act that debt cannot
be revived except by written promise
or part payment; and as to joint
debtors, 203, 204, 206.

II. Construction of the Statute, 204–206.
whether presumption or repose, 204, 205.
statute necessary and beneficial, 205.
prescription or limitation at common
law, 206.

attested notes, sued by payee, and bank-
bills, not affected, 206.

III. Of the New Promise, 156, 157, 203-208.
question of law, 207.

former debt good consideration for, 206.
acknowledgment, 155, 157, 204-207

conditional, 207.
voluntary, 208.

by bankrupt, 208.

mutual running account, 208, 209.

IV. Of Part-Payment, 208, 209.

may be in goods or note, 208, 209.
when debtor owes creditor several
debts, 209.

if some are barred, others not, 209.
if principal and interest, 209.

V. Promise of one of several joint Debtors,

209, 210.

VI. To whom new Promise should be made,
210, 211.

promise by maker or indorser of promis-
sory note, 211.

VII. Accounts between Merchants, 203, 211,

212.

how insured may sue, 317.
what forms part of policy, 317.
subsequent indorsements, 317.
alterations of policy, 317.
assignment of policy, 317, 318.
policy when negotiable, 317.
transfer of property, 317, 218.
claim for loss assignable, 318.

II. The Interest of the insured, 318-320.
lender on bottomry may insure vessel,
280.

in property at time of loss, 318, 320.
valued, open, and wager policies, 318-
320, 322.

fraudulent valuation, 318.

valuation, how made, and effect of, 318,
319.

phrase "lost or not lost," 321, 351.
illegal interest, 318, 322.

wages of seamen or mates, 322.

master's wages, commissions, or prof-
its, 322.

intended illegality unexecuted, 322, 334,
350.

remote and incidental illegality, 322.
partial illegality, 322.

compliance with registry laws, 322.
contraband trade, 323.

insurance of freight, 319, 323.

when interest in freight begins, 323.
advances upon freight, 323.
insurance of profits, 319.

IV. Of Prior Insurance, 324, 325.
priority and pro rata rules, 324.
deduction of premium, 324.

when property has increased in value,

324.

when prior policy covers all, 324.
contribution between insurers, 324.
simultaneous insurances, 321, 325.
V. Double Insurance and Reinsurance, 325.
VI. Of the Memorandum, 325, 326.
VII. Of Warranties, 326. 327.

breach of, at commencement of risk, 326.
breach of, avoids whole policy, 326.
if ship is lost for other cause, 326, 327.-
breach of, after risk begins, 327.
what are warranted, 327.

ownership, neutrality, false papers, 327.
bound to respect blockade, 327, 346.
of time of sailing, 327.
"warranted in port,” 327.

VIII. Of implied Warranties, 328-330.
seaworthiness, 328-330, 338.
meaning of the term, 328.

unseaworthiness at commencement of
Voyage, 328.

removal of the unseaworthiness, 328.
occurring during voyage, 328, 329.
occasioned by peril at sea, 328.
restoration to seaworthiness, 328, 329.
duty and neglect of master, 328, 329.
when insurer's liability never attaches,
328.

when destroyed or suspended, 329.
repairs, 329.

loss of unseaworthy ship by another
cause, 329.

standards of seaworthiness, 329, 330.
different kinds of fitness, 329, 330.

of ship long at sea, 33).

under a time policy, 330.

other implied warranties, 330.

honest dealing and full statement of
risks, 330.

as to course of voyage, 330.

IX. Representation and Concealment, 331, 332.
what are, and effect of, 331.

what insurer ought to know, 333.
scientific facts, 333.

position of a port, 333.

dangers of navigation, 333.

winds, currents, weather, 333.
inquiries, 333.

intention to deviate, 322, 334, 350.
part damage, 334.

statement as to other insurers, 334.
statement construed rationally and to
be substantially complied with, 334.
XI. Of the Premium, 334, 335.

when due, 334.

meaning of cargo."

goods on board,"
"merchandise," 336.

ornaments and clothing not included,
335.

meaning of "property," "ship," "ves-

sel," return cargo," "proceeds,"
"returns," 336.

nature of insured's interest, when to be
described, 336.

freight not included in description of
ship in open policy, 336, 337.
the word "freight," 337.
insurance on freight, 337.
"to," "at and from," 337.

XIII. Perils covered by the policy, 337–339.
perils of the sea, fire, piracy, theft, bar-
ratry, capture, arrests, detentions,
"all other perils," 337, 339.
only extraordinary risks, 337, 338.
unseaworthiness, wear and tear, nat-
ural decay, 338, 339.

loss caused by inherent qualities, 338.
perishable goods, dampness, 338.