| 1784.
CHAP.
LXXIX. |
LAWS of MARYLAND.
the freight due, or to become due during the voyage wherein such embezzlement
secreting or making away with, or other malversation of the said master
or mariners,
shall be made, committed or done, any law, usage or custom, to the contrary
in anywise notwithstanding. |
Freighters to
receive satisfaction
in average,
&c. |
XXV. And be
it enacted, That if several freighters or proprietors of any
goods, wares or merchandise, shall suffer any loss or damage by any of
the means
aforesaid, in the same voyage, and the value of the ship or vessel, with
all her
appurtenances, and the amount of the freight due or to become due as aforesaid,
shall not be sufficient to make full compensation to all and every of them,
then
such freighters or proprietors shall receive satisfaction therefrom in
average, proportionably
to their respective losses or damage; and in every such case it shall
and may be lawful to and for such freighters and proprietors, or to and
for the
owner or owners of such ship or vessel, or any of them, on behalf of himself
and all the other part owners of such ship or vessel, to exhibit a bill
in the court
of chancery for discovering the total amount of such losses or damages,
and also
of the value of such ship or vessel, with the appurtenances, and the freight
due
or to become due, and for an equivalent distribution and payment thereof
among
such freighters and proprietors, in proportion to their respective losses
and damage,
according to the rules of equity; provided always, that if any such bill
shall be
exhibited by or on behalf of the part owners of such ship or vessel, the
plaintiff
or plaintiffs shall annex an affidavit to such bill, that he or they do
not collude
with any of the defendants thereto, and shall thereby offer to pay the
value of
such ship or vessel, appurtenances and freight, as such court shall direct,
and
such court shall thereupon take such method for ascertaining such value,
as to
them shall seem just, and shall direct the payment thereof in like manner
as is
now used and practised in cases of interpleader. |
| Proviso. |
XXVI. Provided
also, and it is hereby declared and enacted, That nothing
in this act contained shall extend, or be construed to extend, to impeach,
lessen
or discharge, any remedy which any person or persons now hath or have,
or shall
or may hereafter have, against all, any, and every the master and mariners
of
such ship or vessel, for and in respect to any embezzlement, secreting,
or making
away with, any goods, wares or merchandise, shipped on board such ship
or vessel,
or on account of any fraud, abuse, or malversation, of and in such master
or mariners, but that it shall and may be lawful to and for every person
and persons
so injured or damaged, to pursue and take such remedy for the same, against
such master and mariners, or any of them, as he or they might have
done before
the making of this law. |
Naval officers
to enter into
bond, &c. |
XXVII. And be
it enacted, That every naval officer, as soon as may be after
his appointment, and before he shall enter upon the exercise of his office,
shall (under the penalty of one thousand pounds current money) enter into
bond,
with two good and sufficient securities, in the penalty of five thousand
pounds
current money, which bond shall be executed before a judge of the general
court,
or two justices of the peace, by whom the said security shall be approved,
and
the said bond shall be conditioned as follows, to wit: " That if
the above bound
" A. B. shall well and faithfully execute and perform the several duties
required
" of him by law, and shall faithfully collect and receive all rates, duties
or imposts,
" laid or imposed by any act of the general assembly of this state, and
" shall well and truly pay to the treasury of the _____ shore the several
rates,
" duties and imposts, or sums of money, or quantities of tobacco, which
he
" shall collect, receive, or be accountable for, by law, at such time or
times, as
" by law shall be directed, and in all things conduct himself faithfully
and honestly
" in the execution of his trust according to his power, then the above
" obligation to be void, else to remain in full force and virtue;" and
the said
judge or justices shall immediately cause the said bond to be proved by
the witnesses
thereto, and shall forthwith cause endorse the probate on the back thereof,
and
transmit the said bond to the clerk of the county court where the said
naval officer
doth reside; and the said clerk shall record the same with the endorsement
thereon, and transmit the same bond and endorsement aforesaid to the
register of |
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