The Admiralty Law of Collisions At Sea

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109, . W Ifj however, between the date of the collision and the arrest of the ship, the ship has been sold, then, although the right of the claimant follows the ship, so that he may take her from the pur- chaser, he cannot make the purchaser responsible for the amount of the freight which has never come into his hands (MeUezta, 3 W.
Rob. 25).
(e) Zeo, I Lush. 446, LIMITATION OF LIABILITY. 169 sHpowner. Since it is the shipowner, and not the charterer, who is liable for collision damage, it woul
...d seem on general principles that the power of seizure, whereby a species of pledge is taken to secure that liability, ought to be confined to that portion of the freight which belongs to the shipowner. On the other hand, it has been decided that, where the bill of lading freight exceeds the charter rates, the larger amount is liable to Admiralty seizure under a bottomry bond (a). The Mability under a bot- tomry bond, however, stands on a somewhat diffe- rent ground from the liability for collision damage, A shipmaster has power to raise money on bottomry on the security of property not belonging to the shipowner : he may pledge the cargo ; he may therefore pledge the chartered freight ; and, when he has expressly pledged the freight, it is reasonable to suppose that that expression is to be read as mean- ing the entire freight.

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