The present state of England. Part III. and Part IV. containing I. an account of the riches, strength, magnificence, natural production, manufactures of this island, with an exact catalogue of the nobility, and their seats, &c., II. the trade and commerce within it self, and with all countries traded to by the English, as at this day established, and all other matters relating to inland and marine affairs : supplying what is omitted in the two former parts ...

CHAP. CXVII. Of Fraight and Charter part, according to the Laws, Common, and Marine, with use∣ful observations thereon.

FRaight is commonly agreed on between the owners and the Merchant, by a Writing of Charter-party, wherein are concluded the particulars of the contract; and if there be no such Writing but only earnest given, then if the Merchant recant 'tis held by some, nay and often observed that he only loses his earnest, and that if the owners recant they lose double earnest; tho many learned in the Law are of opi∣nion, that an Action for dammage, if any be su∣stained by such revocation will lye; if a Merchant should hire a Vessel, and not have his Goods ready at the time appointed, and the Vessel lose the Season of the Passage, or a Ship hired be unfiting to Sail, so that the Merchant must either lose the passage of his Goods, or lade them on another Vessel, dammage may be recovered by an Action at common Law.

If a contract be made to such a Port, the

Fraight full laden, and the Ship has broke Ground; altho the Merchant revoke his intentions, yet the Fraight is by the Law Marine due. If in a Voyage a Ship without the neglect of the Master be disa∣bled, he may lade the Goods on Board a∣nother Vessel, and if that Vessel be cast a∣way, he is not lyable to make satisfaction, if he can prove his own Ship was in a sinking condition, had not the Goods been taken out of her; but if this latter appear not he is lyable, unless both of the Ships are cast away: If a Ship be laded in Gross, and no particular number of Tuns mentioned, yet the Merchant shall pay the Summ agreed for. If Pirates set upon a Ship and take part of the lading, yet if the other part be carryed safe to the Port concluded on in the Charter part, Fraight for the whole is due.

If any one Fraight prohibited Goods with∣out the knowledg of the Master or Own∣ers, and they be seized in any Port, or the Ship be detained, the Merchant shall pay Fraight notwithstanding. If a passenger die in the Ship, and none claim his Goods in a Year and a Day, they shall be divided be∣tween the Master, his Mates, and the Cloaths are to be brought to the Ship-Mast head, and after an appraisement made to be

distributed amongst the Mariners, as a re∣ward of their care for seeing the Body put into the Sea; if Fraight be contracted for Transporting of a Woman, and She by the way be delivered, there is no Fraight due for the Infant.

If the owners Fraight out a Ship, and af∣terwards take into it Goods secretly con∣trary to the knowledge of the Merchant, by the Law Marine he loses his Fraight, and if in such a case any of the Merchants Goods be cast overboard in stress of Wea∣ther, the owner must make them good, but this is only when a full Fraight is a∣greed for, but if the owner be not privy to such Goods bringing in, he is not lyable for the defaults of others to the damage a∣foresaid.

By Law the lading of a Ship is tacitly bound for the payment of Fraight, if a Ship put into any Port then that in which She was Fraighted for, and there receives damage, the Owner or Master shall answer the same to the Merchant; for the Charter party ob∣liges the owners to deliver them safe at the Port therein mentioned, unless Ene∣mies or Storms prevent it, and if a Ship suffer damage by Reason of defect in Tack∣ling, the Owners or Master are bound to make it good.

If Goods are sent aboard in general it must be specifyed so much, or such Goods as are accustomed for such a Voyage. If a Ship be Fraighted for so many Tuns, and She will not bear them, then there is no more Fraight due, then the Ship is com∣puted to be of Burthen, or for so many Tun as are sent on Board; but if a Ship be Fraighted by the great, and no certain Burthen mentioned, then the Summ agreed upon must be pay'd, or if a Ship be Fraighted for 200 Tuns over or under, 5 Tuns are the allowance either over or under and no more.

If Wines be Fraighted, and by the way a great part of them Leak out, yet the Fraight is due, the defect being in the Cask; tho some are of opinion, that unless eight Inches of Wine be left in each Cask, it is in the Election of the Fraighter, whe∣ther they will pay Fraight or throw the re∣mainder up to the Master for his Fraight. If a Ship be taken in War, and afterwards retaken and proceed on her Voyage, the property is not altered, but when the Voy∣age is performed the Fraight becomes due. If any one contract with a Mariner for Fraight, who is not impowered by the own∣ers, and loss happens, that Mariner is Sub∣ject to an Action only, and the Master or Owner free: If a Ship agree for so much

per Month to be pay'd at her return, and She upon her return be cast away, yet the Fraight is to be pay'd for so many Months, as She was abroad on that occasi∣on, as Mariners that dye at Sea, &c.