with some unimportant additions, of the cosmography-little else than a dry list of names-of Julius Honorius.

EDITIONS. D'Avezac (1852); Pertz (1853); Wuttke (1854); Riese's Geographi Latini Minores (1878); see also Bunbury, History of Ancient Geography.

AETIOLOGY, or ETIOLOGY (from Gr. airia, cause, and Xoyía, discourse), strictly, the science or philosophy of causation, but generally used to denote the part of any special science (and especially of that of medicine and disease) which investigates the causes and origin of its phenomena. An aetiological myth is one which is regarded as having been invented ex post facto to explain some fact, name or coincidence, the true account or origin of which has been forgotten. Such myths were often based on grotesque philological analogies, according to which an existing connexion between two personalities (cities, &c.) was traced back to a common mythical origin. For a good example of the evolution of such myths, see the argument under AEGINA, History.

AETION, or EETION, a Greek painter, mentioned by Cicero, Pliny and Lucian. His most noted work, described in detail by Lucian (Herodotus or Eetion, 5), was a picture representing the mårriage of Alexander and Roxana. He is said to have exhibited it at the Olympic games, and by it so to have won the favour of the president that he gave him his daughter in marriage. Through a misunderstanding of the words of Lucian, Aetion has been supposed to belong to the age of the Antonines; but there can be little doubt that he was a contemporary of Alexander and of Apelles (Brunn, Geschichte der griechischen Künstler, ii. p. 243). Pliny gives his date as 350 B.C.

AETIUS (fl. 350), surnamed "the Atheist," founder of an extreme sect of Arians, was a native of Coele-Syria. After working as a vine-dresser and then as a goldsmith he became a travelling doctor, and displayed great skill in disputations on medical subjects; but his controversial power soon found a wider field for its exercise in the great theological question of the time. He studied successively under the Arians, Paulinus, bishop of Antioch, Athanasius, bishop of Anazarbus, and the presbyter Antonius of Tarsus. In 350 he was ordained a deacon by Leontius of Antioch, but was shortly afterwards forced by the orthodox party to leave that town. At the first synod of Sirmium he won a dialectic victory over the homoiousian bishops, Basilius and Eustathius, who sought in consequence to stir up against him the enmity of Caesar Gallus. In 356 he went to Alexandria with Eunomius (q.v.) in order to advocate Arianism, but he was banished by Constantius. Julian recalled him from exile, bestowed upon him an estate in Lesbos, and retained him for a time at his court in Constantinople. Being consecrated a bishop, he used his office in the interests of Arianism by creating other bishops of that party. At the accession of Valens (364) | he retired to his estate at Lesbos, but soon returned to Constantinople, where he died in 367. The Anomoean sect of the Arians, of whom he was the leader, are sometimes called after him Aetians. His work De Fide has been preserved in connexion with a refutation written by Epiphanius (Haer. lxxvi. 10). Its main thought is that the Homousia, i.e. the doctrine that the Son (therefore the Begotten) is essentially God, is self-contradictory, since the idea of unbegottenness is just that which constitutes the nature of God.

See A. Harnack, History of Dogma, vol. iv. passim. AETIUS, a Greek physician, born at Amida in Mesopotamia, flourished at the beginning of the 6th century A.D. He studied at Alexandria, and became court physician at Byzantium and comes obsequii, one of the chief officers of the imperial household. He wrote a large medical work in sixteen books, founded on Oribasius and compiled from various sources, especially Galen [Galenos]. Superstition and mysticism play a great part in his remedies. Eight books of the Greek original were printed at Venice, 1534, and a complete Latin translation by Cornarius appeared at Basel, 1542.

See Weigel, Aetianarum exercitationum specimen (1791); Danelius, Beitrag zur Augenheilkunde des Aetius (1889); Zernos, Aetii sermo sextidecimus et ultimus, editio princeps (1901).

AETIUS (d. 454), a Roman general of the closing period of the Western empire, born at Dorostolus in Moesia, late in the 4th century. He was the son of Gaudentius, who, although possibly of barbarian family, rose in the service of the Western empire to be master of the horse, and later count of Africa. Aetius passed some years as hostage, first with Alaric and the Goths, and later in the camp of Rhuas, king of the Huns, acquiring in this way the knowledge which enabled him afterwards to defeat them. In 424 he led into Italy an army of 60,000 barbarians, mostly Huns, which he employed first to support the primicerius Joannes, who had proclaimed himself emperor, and, on the defeat of the latter, to enforce his claim to the supreme command of the army in Gaul upon Placidia, the empress-mother and regent for Valentinian III. His calumnies against his rival, Count Boniface, which were at first believed by the emperor, led Boniface to revolt and call the Vandals to Africa. Upon the discovery of the truth, Boniface, although defeated in Africa, was received into favour by Valentinian; but Aetius came down against Boniface from his Gallic wars, like another Julius Caesar, and in the battle which followed wounded Boniface fatally with his own javelin. From 433 to 450 Aetius was the dominating personality in the Western empire. In Gaul he won his military reputation, upholding for nearly twenty years, by combined policy and daring, the falling fortunes of the empire. His greatest victory was that of Châlons-surMarne (September 20, 451), in which he led the Gallic forces against Attila and the Huns. This was the last triumph of the empire. Three years later (454) Aetius presented himself at court to claim the emperor's daughter in marriage for his son Gaudentius; but Valentinian, suspecting him of designs upon the crown, slew him with his own hand.

See T. Hodgkin, Italy and her Invaders, vols. i. and ii. (1880). AETOLIA, a district of northern Greece, bounded on the S. by the Corinthian Gulf, on the W. by the river Achelous, on the N. and E. by the western spurs of Parnassus and Oeta. The land naturally falls into two divisions. The basins of the lower Achelous (mod. Aspropotamo) and Euenus (Phidharis) form a series of alluvial valleys intersected by detached ridges which mostly run parallel to the coast. This district of "Old Aetolia" lacks a suitable sea-board, but the inland, and especially the plain of central Aetolia lying to the north of Lakes Hyria and Trichonis and Mount Aracynthus, forms a rich agricultural country. The northern and eastern regions are broken by an extensive complex of chains and peaks, whose rugged limestone flanks are clad at most with stunted shrubs and barely leave room for a few precarious mule-tracks. These heights often rise in the frontierranges of Tymphrestus, Oxia and Corax to more than 7000 ft.; the snow-capped pinnacle of Kiona attains to 8240 ft. A few defiles pass through this barrier to the other side of the north Greek watershed.

In early legend Old Aetolia, with its cities of Pleuron and Calydon, figures prominently. During the great migrations (see DORIANS) the population was largely displaced, and the old inhabitants long remained in a backward condition. In the 5th century some tribes were still living in open villages under petty kings, addicted to plunder and piracy, and hardly recognized as Hellenes at all. Yet their military strength was not to be despised: in 426 their archers and slingers easily repelled an Athenian invasion under Demosthenes. In the 4th century the Aetolians began to take a greater part in Greek politics, and, in return for helping Epaminondas (367) and Philip of Macedon (338), recovered control of their sea-board, to which they annexed the Acarnanian coast and the Oeniadae. Aetolia's prosperity dates from the period of Macedonian supremacy. It may be ascribed partly to the wealth and influence acquired by Aetolian mercenaries in Hellenistic courts, but chiefly to the formation of a national Aetolian league, the first effective institution of this kind in Greece. Created originally to meet the peril of an invasion by the Macedonian regents Antipater and Craterus, who had undertaken a punitive expedition against Aetolia after the Lamian War (322), and by Cassander (314-311), the confederacy grew rapidly during the subsequent period of Macedonian weakness. Since 290 it had extended its power over all the uplands of

Later in the century its power began to be sapped by Macedonia. To check King Demetrius (239–229) the Aetolians joined arms with the Achaeans. In 224 they held Heracleia Trachis against Antigonus Doson, but lost control of Boeotia and Phocis. Since 228 their Arcadian possessions had been abandoned to Sparta. At the same time a new enemy arose in the Illyrian pirate fleets, which outdid them in unscrupulousness and violence. The raids of two Aetolian chiefs in Achaean territory (220) led to a coalition between Achaea and Philip V. of Macedon, who assailed the invaders with great energy, driving them out of Peloponnesus and marching into Aetolia itself, where he surprised and sacked the federal capital Thermon. After buying peace by the cession of Acarnania (217) the league concluded a compact with Rome, in which both states agreed to plunder ruthlessly their common enemies (211). In the great war of their Roman allies against Philip the federal troops took a prominent part, their cavalry being largely responsible for the victory of Cynoscephalae (197). The Romans in return restored central Greece to the league, but by withholding its former Thessalian possessions excited its deep resentment. The Aetolians now invited Antiochus III. of Syria to European Greece, and so precipitated a conflict with Rome. But in the war they threw away their chances. In 192 they wasted themselves in an unsuccessful attempt to secure Sparta. In 191 they supported Antiochus badly, and by their slackness in the defence of Thermopylae made his position in Greece untenable. Having thus isolated themselves the Aetolians stood at bay behind their walls against the Romans, who refused all compromises, and, after the general surrender in 189, restricted the league to Aetolia proper and assumed control over its foreign relations. In 167 the country suffered severely from the intrigues of a philo-Roman party, which caused a series of judicial murders and the deportation of many patriots to Italy. By the time of Sulla, when the league

is mentioned for the last time, its functions were purely nominal. The federal constitution closely resembled that of the Achaean league (q.v.), for which it doubtless served as a model. The general assembly, convoked every autumn at Thermon to elect officials, and at other places in special emergencies, shaped the league's general policy; it was nominally open to all freemen, though no doubt the Aetolian chieftains really controlled it. The council of deputies from the confederate cities undertook the routine of administration and jurisdiction. The strategus (general), aided by 30 apocleti (ministers), had complete control in the field and presided over the assembly, though with restricted advisory powers. The Aetolians also used the Amphictyonic synod for passing solemn enactments. The league's relation to outlying dependencies is obscure; many of these were probably mere protectorates or "allied states" and secured no representation. The federal executive was certainly much more efficient than that of the Achaeans, and its councils suffered less from disunion; but its generals and admirals, official or otherwise, enjoyed undue licence; hence the league deservedly gained an evil name for the numerous acts of lawlessness or violence which its troops committed. But as a champion of republican Greece against foreign enemies no other power of the age rendered equal services. After the first overthrow of the Byzantine empire

In the 15th century it was held by Scanderbeg (q.v.) and by the Venetians, but Mahommed II. brought it definitely under Turkish rule. In the War of Independence the Aetolians by their stubborn defence, culminating in the sieges of Missolonghi (q.v.), formed the backbone of the rebellion. Northern Aetolia remains a desolate region, inhabited mainly by Vlach shepherds. The south-western plain, though rendered unhealthy by lagoons, and central Aetolia yield good crops of currants, vine, maize and tobacco, which are conveyed by railway from Agrinion and Anatolikon to the coast. The country, which forms part of the modern department of Acarnania and Aetolia, contains numerous fragments of ancient fortifications. It has contributed a notable proportion of distinguished men to modern Greece. AUTHORITIES.-Strabo pp. 450 sqq.; Thucydides iii. 94-98; Diodorus xviii. 24. 5; Pausanias x. 20 sq.; Polybius and Livy Les Ligues achéenne et étolienne (Paris, 1885); E. A. Freeman, passim; W. J. Woodhouse, Aetolia (Oxford, 1897); M.Dubois, Federal Government (ed. 1893, London), ch. vi.; B. V. Head, Historia Numorum (Oxford, 1887), pp. 283-284; M. Holleaux in Bulletin de Correspondance Hellénique (1905, pp. 362-372); G. Sotiriades in Εφημερὶς ̓Αρχαιολογική, (1900) pp. 163-212, (1903) pp. 73-94, and in Bulletin de Correspondance Hellenique (1907), pp. 139-184; C. Salvetti in Studi di Storia Antica, vol. ii. (Rome, 1893), pp. 270-320. (M. O. B. C.)

AFARS (DANAKIL), a tribe of African "Arabs" of Hamitic stock. They occupy the arid coast-lands between Abyssinia and the sea. They claim to be Arabs, but are more akin to the Galla and Somali. The tribe is roughly divisible into a pastoral and a coast-dwelling group. Their religion is chiefly fetich and tree-worship; many, nominally, profess Mahommedanism. They are distinguished by narrow straight noses, thin lips and small pointed chins; their cheekbones are not prominent. They are more scantily clothed than the Abyssinians or Galla, wearing, generally, nothing but a waist-cloth. Their women, when quite young, are pretty and graceful. Their huts are often tastefully decorated, the floors being spread with yellow mats, embroidered with red and violet designs. The Afars are divided into many sub-tribes, each having an hereditary sultan, whose power is, however, limited. They are desperate fighters and in 1875 successfully resisted an attempt to bring them under Egyptian rule. In 1883-1888, however, their most important. sultan concluded treaties placing his country under Italian protection. The Afar region is now partly under Abyssinian and partly under Italian authority. The Afars are also found in considerable numbers in French Somaliland. They have a saying "Guns are only useful to frighten cowards." They were formerly redoubtable pirates, but the descendants of these corsairs are now fishermen, and are the only sailors in the Red Sea who hunt the dugong.

P. Paulitschke, Ethnographie Nordost-Afrikas (2 vols., Berlin, 18931896), and Die geographische Erforschung der Adâl-Länder und Harars in Ost-Afrika (Leipzig, 1884).

See Fr. Scazamucci and E. H. Giglioli, Notizie sui Danakil (1884);

AFER, DOMITIUS, a Roman orator and advocate, born at Nemausus (Nimes) in Gallia Narbonensis, flourished in the reigns of Tiberius, Caligula, Claudius and Nero. His pupil Quintilian calls him the greatest orator he had ever known; but he disgraced his talents by acting as public informer against some of the most distinguished personages in Rome. He gained the favour of Tiberius by accusing Claudia Pulcra, the widow of Germanicus, of adultery and the use of magic arts against the emperor. Judicious flattery secured him the consulship under Caligula (39); and under Nero he was superintendent of the water supply. He died A.D. 60, according to Jerome, of over-eating. Quintilian quotes some of his witty sayings (dicta), collections of which were published, and mentions two books by him On Witnesses.

Quintilian, Instit. vi. 3. 42, viii. 5. 16, x. 1. 118, &c.; Tac. Ann. iv. 52; Dio Cassius lix. 19, Ix. 33; Pliny, Epp. viii. 18.

AFFECTION (Lat. ad, and facere, to do something to, sc. a person), literally, a mental state resulting generally from an external influence. It is popularly used of a relation between persons amounting to more than goodwill or friendship. By ethical writers the word has been used generally of distinct

states of feeling, both lasting and spasmodic; some contrast it with passion as being free from the distinctively sensual element. More specifically the word has been restricted to emotional states which are in relation to persons. In the former sense, it is the Gr. πálos, and as such it appears in Descartes and most of the early British ethical writers. On various grounds, however-e.g. that it does not involve anxiety or excitement, that it is comparatively inert and compatible with the entire absence of the sensuous element-it is generally and usefully distinguished from passion. In this narrower sense the word has played a great part in ethical systems, which have spoken of the social or parental “affections as in some sense a part of moral obligation. For a consideration of these and similar problems, which depend ultimately on the degree in which the affections are regarded as voluntary, see H. Sidgwick, Methods of Ethics, pp. 345-349.

In psychology the terms "affection" and affective are of great importance. As all intellectual phenomena have by experimentalists been reduced to sensation, so all emotion has been and is regarded as reducible to simple mental affection, the element of which all emotional manifestations are ultimately composed. The nature of this element is a problem which has been provisionally, but not conclusively, solved by many psychologists; the method is necessarily experimental, and all experiments on feeling are peculiarly difficult. The solutions proposed are two. In the first, all affection phenomena are primarily divisible into those which are pleasurable and those which are the reverse. The main objections to this are that it does not explain the infinite variety of phenomena, and that it disregards the distinction which most philosophers admit between higher and lower pleasures. The second solution is that every sensation has its specific affective quality, though by reason of the poverty of language many of these have no name. W. Wundt, Outlines of Psychology (trans. C. H. Judd, Leipzig, | 1897), maintains that we may group under three main affective directions, each with its negative, all the infinite varieties in question; these are (a) pleasure, or rather pleasantness, and the reverse, (b) tension and relaxation, (c) excitement and depression. These two views are antithetic and no solution has been discovered.

Two obvious methods of experiment have been tried. The first, introduced by A. Mosso, the Italian psychologist, consists in recording the physical phenomena which are observed to accompany modifications of the affective consciousness. Thus it is found that the action of the heart is accelerated by pleasant, and retarded by unpleasant, stimuli; again, changes of weight and volume are found to accompany modifications of affectionand so on. Apart altogether from the facts that this investigation is still in its infancy and that the conditions of experiment are insufficiently understood, its ultimate success is rendered highly problematical by the essential fact that real scientific results can be achieved only by data recorded in connexion with a perfectly normal subject; a conscious or interested subject introduces variable factors which are probably incalculable.

The second is Fechner's method; it consists of recording the changes in feeling-tone produced in a subject by bringing him in contact with a series of conditions, objects or stimuli graduated according to a scientific plan and presented singly in pairs or in groups. The result is a comparative table of likes and dislikes. Mention should also be made of a third method which has hardly yet been tried, namely, that of endeavouring to isolate one of the three "directions " by the method of suggestion or even hypnotic trance observations.

For the subject of emotion in general see modern text-books of psychology, e.g. those of J. Sully, W. James, G. T. Fechner, O. Külpe; Angelo Mosso, La Paura (Milan, 1884, 1900; Eng. trans. E. Lough and F. Kiesow, Lond. 1896); E. B. Titchener, Experimental Psychology (1905); art. PSYCHOLOGY and works there quoted. AFFIDAVIT (Med. Lat. for "he has declared upon oath,' from affidare, fides, faith), a written statement sworn or affirmed to before some person who has authority to administer an oath or affirmation. Evidence is chiefly taken by means of affidavits in the Chancery Division of the High Court of Justice in England

on a petition, summons or motion. Interlocutory proceedings before trial are conducted by affidavits, e.g. for discovery of documents, hence called affidavit of documents. Affidavits are sometimes necessary as certificates that certain formalities have been duly and legally performed (such as service of proceedings, &c.). They are extensively used in bankruptcy practice, in the administration of the revenue and in the inferior and county courts. In testamentary causes, all documents of any kind, such as wills, codicils, drafts or instructions of same must be filed in the form of affidavits (termed affidavits of scripts). In Scotland the testimony of witnesses by affidavit is almost unknown, except in a few non-contentious cases as prima facie evidence. In the rules of the Supreme Court (R.S.C. Ord. XXXVIII.) certain formal requirements are laid down for all affidavits and affirmations in causes or matters depending in the High Court. An affidavit must consist of title, body or statement and jurat. It must be written or printed on foolscap, bookwise, in the first person; give correctly the names of the parties to the action; and the description and true place of abode of the deponent. An affidavit is confined, except on interlocutory motions, to such facts as the witness is able of his own knowledge to prove. The signature of the deponent must be written opposite to the jurat, which must contain the place, date and time of swearing, and this signed by the officer or magistrate before whom the affidavit is sworn. An affidavit sworn on a Sunday is not invalid. Quakers, Moravians and Separatists were first privileged to make a solemn declaration or affirmation, and by the Common Law Procedure Act 1852 and other statutes all persons prevented by religious belief from taking an oath were allowed to affirm; and, finally, by the Oaths Act 1888, every person who objects to be sworn is allowed to affirm in all places and for all purposes where an oath is required by law. By an act of 1835 justices are permitted to take affidavits in any matter by declaration, and a person making a false affidavit in this way is liable to punishment. The same act prohibited justices of peace from administering oaths in any matter in which they had not jurisdiction as judges, except when an oath was specially authorized by statute, as in the bankruptcy law, and excepting criminal inquiries, parliamentary proceedings and instances where oaths are required to give validity to documents abroad. Scottish justices can act in England and vice versa. The Oaths Act 1888 and the Commissioner of Oaths Act 1889 consolidated all previous enactments relating to oaths and gave the lord chancellor power to appoint commissioners for oaths to take affidavits for all purposes (see OATH). Under the Debtors Act 1869 a plaintiff may file an affidavit for the arrest of a debtor (affidavit to hold to bail) when the debt amounts to £50 or upwards, where it can be shown that the debtor's absence from the kingdom would materially prejudice the prosecution of the action.

Affidavits may be made abroad before any British ambassador, envoy, minister, chargé d'affaires, secretary of embassy or legation, consul or consular agent.

In the United States affidavit has the same meaning as in England and its general uses are the same, but it is not substituted for oral evidence in court to anything like the extent to which that is done in the English courts of chancery. The statutes of each state designate the persons before whom affidavits may be made outside the state, and special commissioners are appointed for that purpose by each state. Affidavits made abroad must be made before such commissioners or persons so designated, who are usually diplomatic and consular officials, justices, notaries public or mayors. "Affidavit of documents" is not generally used in the United States; discovery is procured by motion.

AFFILIATION (from Lat. ad-filiare, to adopt as a son), in law, the procedure by which the paternity of a bastard child is determined, and the obligation of contributing to its support enforced. In England a number of statutes on the subject have been passed, the chief being the Bastardy Act of 1845, and the Bastardy Laws Amendment Acts of 1872 and 1873. The mother of a bastard may summon the putative father to

his palace, where he died on the 27th of June 1848. Next day the National Assembly issued a decree expressing their great sorrow on account of his death; and the public funeral on the 7th of July was one of the most striking spectacles of its kind. The archbishop wrote several treatises of considerable value, including an Essai sur les hiéroglyphes egyptiens (Paris, 1834), in which he showed that Champollion's system was insufficient to explain the hieroglyphics.

See Ricard, Les grands évêques de l'église de France au XIXe siècle (Lille, 1893); L. Alazard, Denis-Auguste Affre, archevêque de Paris (Paris, 1905).

term.

AFFREIGHTMENT (from "freight," q.v.). Contract of Affreightment is the expression usually employed to describe the contract between a shipowner and some other person called the freighter, by which the shipowner agrees to carry goods of the freighter in his ship, or to give to the freighter the use of the whole or part of the cargo-carrying space of the ship for the carriage of his goods on a specified voyage or voyages or for a specified time; the freighter on his part agreeing to pay a specified price, called "freight," for the carriage of the goods or the use of the ship. A ship may be let like a house to some person who takes possession and control of it for a specified The person who hires a ship in this way occupies during the currency of his term the position of shipowner. The contract by which a ship is so let may be called a charter-party; but it is not, properly speaking, a contract of affreightment, and is mentioned here only because it is necessary to remember the distinction between a charter-party of this kind, which is sometimes called a demise of the ship, and a charter-party which is a form of contract of affreightment, as will hereinafter appear. The law with regard to the contract of affreightment is, of course, a branch of the general law of contract. The rights and obligations of the shipowner and the freighter depend, as in the case of all parties to contracts, upon the terms of the agreement entered into between them. The law, however, interferes to some extent in regulating the effect to be given to contracts. Certain contracts are forbidden by the law, and being illegal are, therefore, incapable of enforcement. The most important example of illegality in the case of contracts of affreightment is when the contract involves trading with an enemy. The law interferes again with regard to the interpretation of the contract. The meaning to be given to the words of the contract, or, in other words, its construction, when a dispute arises about it, must be determined by the judge or court. The result is, that certain more or less common clauses in contracts of affreightment have come before the courts for construction, and the decisions in these cases are treated practically, though not perhaps quite logically, as rules of law determining the sense to be put upon certain forms of expression in common use in shipping contracts. A third way in which the law interferes is by laying down certain rules by which the rights of the parties are to be regulated in the absence of any express stipulation with regard to the matter dealt with by such rules. This is done either by statutory enactment, as by that part (Part VIII.) of the Merchant Shipping Act 1894 which deals with the liability of shipowners; or by established rules of the unwritten law, the common law" as it is called, as, for instance, the rule that the common carrier is absolutely responsible for the safe delivery of the goods carried, unless it is prevented by the act of God or the king's enemies. These rules of law, whether common law or statute law, regulating the obligations of carriers of goods by sea, are of most importance in cases which are uncommon though not unknown at the present day, in which there is an affreightment without any written agreement of any kind. It will, therefore, be convenient to consider first cases of this kind where there is no express agreement, oral or written, except as to the freight and destination of the goods, and where, consequently, the rights and obligations of the parties as to all other terms of carriage depend wholly upon the rules of law, remembering always that these same rules apply when there is a written

Rules of law.

In default of express contract.

The rules of the common or ancient customary law of England with regard to the carriage of goods were no doubt first considered by the courts and established with regard to the carriage of goods by common carriers on land. These rules were applied to common carriers by water, and it may now be taken to be the general rule that shipowners who carry goods by sea are by the English law subject to the liabilities of common carriers. (See, as to the grounds and precise extent of this doctrine, the judgments in Liver Alkali Company v. Johnson (1874), L.R., 9 Ex. 338, and Nugent v. Smith (1876) 1 C.P.D. 423.) In practice goods are not often shipped without a written contract or acknowledgment of the terms upon which they are to be carried. For each separate consignment or parcel of goods shipped a bill of lading is almost invariably given, and when a whole cargo is agreed to be carried the terms are set out in a document called a charter-party, signed by or on behalf of the shipowner on the one part, and the shipper, who is called the charterer, on the other part. But at present we are considering the relations of shipowner and shipper independently of any express contract, as in a case when goods are shipped and received to be carried to the place to which the ship is bound for a certain freight, but without any further agreement as to the terms of carriage. In such a case the rights of the parties depend on the rules of law, or, which is much the same thing, upon the warranties or promises which though not expressed must, as the courts have held, be implied as arising from the relation between the parties as shipper and carrier. The obligations on the one side and the other may be defined shortly to be as follows:-The shipper must not ship goods of a nature or in a condition which he knows, or ought, if he used reasonable care, to know to be dangerous to the ship, or to other goods, unless the shipowner has notice of or has sufficient opportunity to observe their dangerous character. The shipper must be prepared, without notice from the shipowner, to take delivery of his goods with reasonable despatch on the arrival of the ship at the place of destination, being ready there to discharge in some usual discharging place. The shipper must pay the agreed freight, and will not be entitled to claim delivery until the freight has been paid. In other words, the shipowner has a lien on the goods carried for the freight payable in respect of the carriage. On the other hand, the obligation upon the shipowner is first and foremost to deliver safely at their destination the goods shipped, and this obligation is, by the common law, subject to this exception only that the shipowner is not liable for loss or damage caused by the act of God or the king's enemies; but by statute (Merchant Shipping Act 1894, Part VIII.) it is further qualified to this extent that the shipowner is not liable for loss, happening without his actual fault or privity, by fire on board the ship, or by the robbery or embezzlement of or making away with gold or silver or jewellery, the true nature and value of which have not been declared in writing at the time of shipment; and, further, the shipowner is not liable for damage to or loss of goods or merchandise beyond an aggregate amount, not exceeding eight pounds per ton for each ton of the ship's tonnage. The shipowner is bound by an implied undertaking, or, in other words, is made responsible by the law as if he had entered into an express undertaking: (1) that the ship is seaworthy; (2) that she shall proceed upon the voyage with reasonable despatch, and shall not deviate without necessity from the usual course of the

voyage.

It is not our purpose in this article to discuss minute or doubtful questions; but in their general outline the obligations of shipper and shipowner, where no terms of carriage have been agreed, except as to the freight and destination of the goods, are such as have been described above. The importance of appreciating clearly this view of the relations of shipper and shipowner arises from the fact that these fundamental rules apply to all contracts of affreightment, whether by bill of lading, charter-party or otherwise, except in so far as they are modified or negatived by the express terms of the contract.