CHAPTER LXXVII.

TRAVEL ON THE HIGHWAY OF NATIONS.

1. THE general duty of the master of a vessel is to exercise due skill, care, and diligence in the navigation of his vessel. He is to hang out a light of warning, where that is the most appropriate. He must follow the recognized mode of exercising the requisite care. He is bound to keep a vigilant look-out, and to use all proper precaution to avoid and prevent accident.

2. When two vessels are approaching each other, the one which is sailing before the wind, must get out of the way of the one sailing against it. When two vessels are sailing before the wind, having the wind equally free, and the power of readily controlling their vessels, when they approach each other, the vessel on the larboard tack must give way. The larboard is the left-hand side of the ship when a person stands with his face towards the prow. The opposite side is called the starboard side. The vessel to windward is to keep away, when both are going the same course in a narrow channel, and there is danger of collision. Steam-vessels are bound to keep out of the way of sailing-vessels.

3. The first law which is applicable to all cases, and under all circumstances, is that every vessel shall keep clear of every other vessel, where she has the power to do

1. What is the general duty of the master of a vessel? What lights is he to hang out? What is he to follow? What is he bound to do? 2. When two vessels are sailing towards each other, one before the wind, and the other against it? When two vessels are sailing before the wind, having the wind equally free? What is the larboard tack? What is the opposite side called? When two vessels are going the same course in a narrow channel, and there is danger of collision? What is the rule as to steam-vessels ?

3. What is the first law, applicable to all cases and under all circum

80, notwithstanding the other may have taken a course not conformable to established usage. We can scarcely imagine a case in which it would be justifiable to persist in a course after it had become evident that a collision would ensue, if by changing such course a collision would be avoided. The usages of the sea, which have grown up like the common law, and been from time to time recognized by the courts, must be observed by all nautical men as rules of authority. Whether recognized in the adjudicated cases, or resting merely on oral tradition, the violation of them is evidence of a want of good seamanship, raising a presumption against the vessel violating the usage.

may

4. The Trinity House regulations are of authority, as recognizing the existing law of usage and custom. The decision of a court is higher evidence, but still only the evidence of what the law is. An accidental collision happen without blame to either party, as when the collision occurs in a violent storm. In that case, the loss must be borne by the party on whom it happens to fall. A collision may happen where both parties are to blame, as where there has been a want of due diligence on both sides. According to the English and American decisions, if there be fault or want of care on both sides, or if both sides be without fault, neither party can recover against the other. By the Roman law, the loss would be apportioned between the parties. The collision may happen by the misconduct of the party injured. The party upon whom the loss falls, must bear the loss. It

stances? When is it never justifiable to persist in a course? What must be observed by all nautical men, as rules of authority? Whether these usages are recognized in adjudicated cases, or rest merely on oral tradition, of what is the violation of them evidence?

4. What do the Trinity House regulations recognize? Of what are the decisions of courts evidence? Can a collision happen without the fault of either? In this case, who sustains the loss? If both parties are chargeable with blame, or both are innocent, who are liable in England and America? What was the Roman law in such cases? If the collision happened by the misconduct of the party injured? If the collision happened through the fault of the vessel uninjured?

may be the fault of the vessel uninjured. In this case, the injured party may recover damages from the other party.

5. It is the duty of the master of the vessel to take care that the vessel be "tight, staunch, and seaworthy" at the commencement of each voyage; that she be appropriately furnished with tackle and apparel necessary for her safe navigation. He must sail at the time appointed, and in the manner approved by skilful navigators. He must pursue the direct course of the voyage, without deviation.. He must, as far as possible, bring his vessel through the perils of the sea safely into port.

6. For the proper discharge of his difficult duties, it is necessary that the master be a person of experience and practical skill in the art of navigation; that he possess the intellectual and moral power of commanding and governing his vessel; that he be clothed with authority to meet and cope with the dangerous vicissitudes of the voyage, to the best advantage. For this purpose, while at sea, he has something like a dictatorial and autocratic power in the government of passengers, as well as crew, to the end that he may properly control the movements of the vessel.

5. What is the first duty of the master of a vessel? With what must the vessel be furnished? When should he sail? In what manner? What course must he pursue? Through what must he bring his vessel safely?

6. For the purpose of discharging his difficult duties, what knowledge must the master possess? What intellectual and moral power? With what authority is he clothed? What does his power, while at sea, over the passengers and crew, resemble? For what purpose?

CHAPTER LXXVIII.

MARINE INSURANCE.

1. INSURANCE is a contract whereby one party, for a stipulated consideration, undertakes to indemnify another party in case of loss by certain risks. The party undertaking to make the indemnity, is called the insurer, or underwriter. The party indemnified, is called the insured. The stipulated consideration, is called the premium. The written contract, is called the policy of insurance. There are three kinds of insurance-fire, life, and marine insurance. The contract of fire insurance, is one by which the insurers undertake to indemnify the insured in case of loss or damage by fire to the property covered by the policy, during a prescribed period of time. The contract of life insurance, is one by which the insurers undertake to indemnify the insured in case of the death of the party whose life is the object of insurance, during a prescribed period of time. The contract of marine insurance, is one by which the insurers undertake to indemnify the insured in case of loss, by the perils of the sea, to the property covered by the policy, during a prescribed period of time.

2. The principle of insurance may be thus stated: If one house in every hundred be annually destroyed by fire, the probability of loss will be one per cent. If, therefore, a party wishes to get a house insured, he ought

1. What is insurance? What is the party undertaking to make the indemnity called? The party indemnified? What is the stipulated consideration called? What is the written contract called? How many kinds of insurance are there? What is the contract of fire insurance? What is the contract of life insurance? What is the contract of marine insurance?

2. How may the principle of insurance be stated? If a party wishes to get a house insured, what annual premium ought he to pay? By

to pay an annual premium of one per cent on the amount insured, in addition to such sum as may be required to compensate the insurer for his trouble, and leave him a fair profit. Insurances are generally undertaken by insurance companies. The richest and most abundant sources from which the law of insurance, as it now exists, is derived, are the adjudged cases in the reported decisions of the courts of common law in the United States and in England.

3. Marine insurance companies generally insure on the representations of the insured. The most perfect good faith is required in the contract. If the insured make false representations to the company, in order to procure an insurance on better terms, it will avoid the contract, though the loss may arise from causes unconnected with the misrepresentations. If there is any concealment on the part of the insured, even if the concealment happen through mistake, neglect, or accident, without any fraudulent intention, it will avoid the contract, for the reason that the insurer was not the less deceived. All persons may be insured, whether citizens or foreigners, except alien enemies. A marine policy may be made to some particular individual, or "for whom it may concern."

4. The thing insured must be actually exposed to the risk, and the insurer must receive an equivalent for the chances of loss. Whatever may be liable to injury by the perils of the sea, either in whole or in part, may be insured. Those who have a qualified property, as well as those who have an absolute property, are at liberty to insure it. The mortgagor and mortgagee have each an insurable interest.

whom are insurances generally undertaken? What are the sources from which the law of insurance is derived?

3. On what representations do marine insurance companies insure? What is required in the contract? If the insured make false representations to the company, in order to procure insurance on better terms? If there is any concealment on the part of the insured? Who may be insured? To whom may a marine policy be made?

4. To what must the thing insured be exposed? What must the insurer receive? What may be the subject of marine insurance? If a person has a qualified property only? If there be a mortgagor and