the home port must account for any absence. ` If he discharged a seaman abroad with his consent he must pay to the American consul three months' wages. Twothirds of this sum is given by the consul to the seaman, and the other third is remitted to the United States Treasury to form a fund for bringing home seamen. Of course, this obligation does not apply to a voyage that has ended by a wreck or similar misfortune. 55. Persons are employed to repair ships and furnish them with supplies. They are called material-men. Such persons and all who work about a vessel, like stevedores, who load and unload, have a lien thereon for their charges. Though by common law material-men have a lien only on foreign ships, in many states by statute they have a lien on all ships, whether domestic or foreign. The lien extends beyond mere repairs to alterations and to rebuilding, but not to the general construction of a vessel. The labourer employed in general work by a shipwright or mechanic has no lien on the vessel for his labour. The liens thus established by statute take precedence of the claims of all other creditors. One who renders services or furnishes supplies to a vessel and is also a part owner is not thereby deprived of lien he would have were he not an owner. But he has no priority over other creditors. any 56. In general, every part-owner is liable for all the repairs of his ship, or for necessaries that are supplied in good faith. (a) A credit given, or intended to be given to a part owner personally, cannot be charged to others. If goods are charged to a ship, or to a ship and owners, this would tend strongly to show that it was the intention of the person who supplied them to do so on the credit of all the owners. If, on the other hand, they were charged to one owner this would prove that credit was intentionally given to him alone. (b) How far a part owner can bind the others for necessary supplies and repairs is not as well settled as this important question ought to be. Chancellor Kent long ago wrote as the law presumed that the common possession of a valuable thing would lead all to do whatever was necessary to preserve it, part owners had an implied authority from the absent part owners "to order for the common concern whatever is necessary for the preservation and proper employment of the ship." And this view is sustained by the Supreme Court of a state that has often decided questions relating to the law of shipping. "We think it is true, as a general proposition, that a part owner of a vessel, in undisputed possession, will be regarded as having implied authority to bind the other owners for things necessary for the vessel and its employment, unless the evidence discloses something to indicate that such implication of agency is contrary to the fact. As to one who furnished materials to make the vessel seaworthy, upon the order of a part owner in such possession, even if it be in the home port, the presumption remains, unless there is something more than the single fact of the place of registry or enrollment of the owner's residence, to remove it."1 (c) Again, the person holding the beneficial title to a 1Bowen v. Peters, 71 Me., 463. share in a vessel is liable as part owner. A person, therefore, who is no longer entitled to profits is no longer liable for repairs. But when a transfer of ownership occurs during a voyage the former owner may be liable for repairs pertaining to the ship during that voyage, and also the profits accruing therefrom, unless the transfer provides otherwise. Even then it may be quite beyond the possibility of the parties to change the former's liability to a third person who has contracted or furnished materials by reason of such ownership. § II. CONTRACT OF MARINE INSURANCE 1. Nature of the contract. 2. Form of the policy. 3. It is signed only by the insurer. 4. An unnamed party may be insured. 5. Alterations. 6. Policy may be transferred. 7. But insurer must consent. 8. Insured must be interested in the property. 9. What is a valued, and what is an open policy? 10. Valuation is binding on both parties. 11. What may be valued? 12. Valuation of freight and profits. 13. Description of the property insured. 14. Description must identify it. 15. Freight may be covered by overvaluing the ship. 16. Freight may be insured though purchased with proceeds of an illegal voyage. 17. So can freight money. 18. Insurer is only liable for property not covered by prior insurance. 19. What is a warranty? b.-Standard of seaworthiness. 23. Other implied warranties. 24. Misrepresentations and concealments. 26. Facts already known need not be. 29. Statements should be fairly construed. 30. When premium is due. 31. Premium is not due unless the risk is incurred. 32. Perils covered by the policy. 33. By perils is meant those incident to navigation. 34. Perils enumerated. a.-Collision. c.-Barratry. 35. Insurer does not insure against acts of the insured. 36. Damage to the cargo through the ship's fault does not discharge insurer. 37. Generally a loss will not be attributed to the master. 38. Total loss. 39. General average in the case of a partial loss. 40. Essentials of a general average. 41. There must be a common peril. 42. How a general average usually arises. 1. The contract of an insurance binds the insurer to indemnify, or make good, the insured against loss or injury to the ship, or his interests therein, from specified perils. The consideration for the contract on the part of the insurer is the premium paid to the insured. The contract of insurance is called a policy. No instrument is needful to make such a contract valid; if the proposals of the insured are written in a proposal-book and signed by a proper official with the word "done," or "accepted," or in any way that indicates a bargain, they are valid even without a policy. Indeed, it has been asserted that an oral contract of insurance would be legal. 2. The form of policy in general use is familiar both to insurer and insured, for it has been in existence many years, both in England and in this country. Of course, changes have been made, but its general features have long been known. 3. It is signed only by the insurer, though binding both parties. It may be made on the application of an agent of the insured whenever he has proper authority for this purpose. 4. A party may be insured who is not named by using the words, "for whom it may concern," or others of a similar character. A person who seeks to have the benefit of such a policy must show that he had an interest in the ship at the time of insuring her. Another phrase is, "on account of owners at the time of loss." This will |