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Bouvier's Law Dictionary, Revised 6th Edition (1856)

FREIGHT, mar. law, contracts. The sum agreed on for the hire of a ship,
entirely or in part, for the carriage of goods from one port to another; l3
East, 300, note; but in, its more extensive sense it is applied to all
rewards or compensation paid for the use of ships. 1 Pet. Adm. R. 206; 2
Boulay-Paty, t. 8, s. 1; 2 B. & P. 321; 4 Dall. R. 459; 3 Johns. R. 335; 2
Johns. R. 346; 3 Pardess, n. 705.
2. It will be proper to consider 1. How the amount of freight is to be
fixed. 2. What acts must be done in order to be entitled to freight. 3. Of
the lien of the master or owner.
3. - l. The amount of freight is usually fixed by the agreement of the
parties, and if there be no agreement, the amount is to be ascertained by
the usage of the trade, and the circumstances and reason of the case. 3.
Kent, Com. 173. Pothier is of opinion that when the parties agree as to the
conveyance of the goods, without fixing a price, the master is entitled to
freight at the price usually paid for merchandise of a like quality at the
time and place of shipment, and if the prices vary he is to pay the mean
price. Charte-part, n. 8. But there is a case which authorizes the master to
require the highest price, namely, when goods are put on board without his
knowledge. Id. n. 9. When the merchant hires the whole ship for the entire
voyage, he must pay the freight though he does not fully lade the ship; he
is of course only bound to pay in proportion to the goods he puts on board,
when he does not agree to provide a full cargo. If the merchant agrees to
furnish a return cargo, and he furnishes none, and lets the ship return in
ballast, he must make compensation to the amount of the freight; this is
called dead freight, (q.v.) in contradistinction to freight due for the
actual carriage of goods. Roccus, note 72-75; 1 Pet. Adm. R. 207; 10 East,
530; 2 Vern. R. 210.
4. - 2. The general rule is, that the delivery of the goods at the
place of destination, in fulfillment of the agreement of the charter party,
is required, to entitle the master or owner of the vessel to freight. But to
this rule there are several exceptions.
5.- 1. When a cargo consists of live stock, and some of the animals die
in the course of the voyage, without any fault or negligence of the master
or crew, and there is no express agreement respecting the payment of
freight, it is in general to be paid for all that were put on board; but
when the contract is to pay for the, transportation of them, then no freight
is due for those which die on the voyage. Molloy, b. 2, c. 4, s. 8 Dig. 14,
2, 10; Abb. Ship. 272.
6.-2. An interruption of the regular course of the voyage, happening
without the fault of the owner, does not deprive him of his freight if the
ship afterwards proceed with the cargo to the place of destination, as in
the case of capture and recapture. 3 Rob. Adm. R. 101.
7. - 3. When the ship is forced into a port short of her destination,
and cannot finish the voyage, if the owner of the goods will not allow the
master a reasonable time to repair, or to proceed in another ship, the
master will be entitled to the whole freight; and, if after giving his
consent the master refuse to go on, he is not entitled to freight.
8. - 4. When the merchant accepts of the goods at an intermediate port,
it is the general rule of marine law, that freight is to be paid according
to the proportion of the voyage performed, and the law will imply such
contract. The acceptance must be voluntary, and not, one forced upon the
owner by any illegal or violent proceedings, as, from it, the law implies a
contract that freight pro rata parte itineris shall be accepted and paid. 2
Burr. 883; 7 T. R. 381; Abb. Shipp. part 3, c. 7, s. 13; 3 Binn. 445; 5
Binn. 525; 2 Serg. & Rawle, 229; 1 W. C. C. R. 530; 2 Johns. R. 323; 7
Cranch, R. 358; 6 Cowen, R. 504; Marsh. Ins. 281, 691; 3 Kent, Com. 182;
Com. Dig. Merchant, E 3 a note, pl. 43, and the cases there cited.
9. - 5. When the ship has performed the whole voyage, and has brought
only a part-of her cargo to the place of destination; in this case there is
a difference between a general ship, and a ship chartered for a specific sum
for the whole voyage. In the former case, the freight is to be paid for the
goods which may be, delivered at their place of destination; in the latter
it has been questioned whether the freight could be apportioned, and it
seems, that in such case a partial performance is not sufficient, and that a
special payment cannot be claimed except in special cases. 1 Johns. R. 24; 1
Bulstr. 167; 7 T. R. 381; 2 Campb. N. P. R. 466. These are some of the
exceptions to the general rule, called for by principles of equity, that a
partial performance is not sufficient, and that a partial payment or
rateable freight cannot be claimed.
10. - 6. In general, the master has a lien on the goods, and need not
part with them until the freight is paid; and when the regulations of the
revenue require them to be landed in a public warehouse, the master may
enter them in his own name and preserve the lien. His right to retain the
goods may, however, be waived either by an express agreement at the time of
making the original contract, or by his subsequent agreement or consent.
Vide 18 Johns. R. 157; 4 Cowen, R. 470; 1 Paine's R. 358; 5 Binn. R. 392.
Vide, generally, 13 Vin. Ab. 501 Com. Dig. Merchant, E 3, a; Bac. Ab.
Merchant, D; Marsh. Ins. 91; 10 East, 394 13 East, 300, n.; 3 Kent, Com.
173; 2 Bro. Civ. & Adm. L. 190; Merl. Rep. h.t. Poth. Charte-Partie, h.t.;
Boulay-Paty, h.t.; Pardess. Index, Affretement.

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