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Browsing: Legal Papers of John Adams, Volume 1


This foot note contained in document ADMS-05-01-02-0002-0001-0002
9. In the MS this and the following two citations appear in the margin. See 3 Bacon, Abridgment 591: “And as the master himself is answerable . . . so likewise hath it been held, that the owners are liable to the freighters, in respect of the freight, for the embezilments, &c. of the master and mariners.” The next sentence, at p. 592, adds the qualification that “this proving a great discouragement to trade,” the statute, 7 Geo. 2, c. 15 (1734), provided that the liability of the owners for the embezzlements and other defaults of master and crew done without the owners' privity should be limited to the value of the vessel and her pending freight. This Act was the ancestor of the present-day American statute limiting vessel owners' liability. Grant Gilmore and Charles L. Black Jr., The Law of Admiralty 664 note (Brooklyn, 1957).