and afterwards, according as he is advised, he gives sentence in the said cause, which is to be given in writing, agreeably to the mandate of our lord the king. And this appellate suit is to be terminated within thirty days, otherwise the first sentence is conclusive, as has been above mentioned.

CHAPTER XIX.

Of the Costs of the Original Suit.

In the original or principal suit, the consuls do not condemn either party to pay costs.

CHAPTER XX.

Of the Costs on the Appeal.

If the judge affirms the sentence of the consuls, he, by his decree, condemns the appellant in the costs incurred by the party appellate, and if he reverses the consular sentence, or corrects the same, he does not condemn the appellant to pay the said costs, as he had just ground to appeal, nor does he condemn the party appellate.

CHAPTER XXI.

Of what may be done before a single Consul.

If either of the consuls shall be absent, being engaged about other business, the parties may nevertheless proceed before the other consul as far as interlocutory or final sentence, neither of which can be pronounced but by both consuls.

CHAPTER XXII.

Of Causes which belong to the Jurisdiction of the Consuls. The consuls determine all controversies respecting freight, and average of goods shipped on board of vessels, mariner's wages, differences between part owners of ships, and applications to have the same sold at auction in order to make partition thereof, jettison, commissions given to masters of

vessels or mariners, debts contracted by the master for the necessities of his vessel, promises made by the owner to the master, goods found on the high seas or on the shore, fitting out and equipping of vessels, and generally all other contracts which are to be determined by the law marine.

CHAPTER XXIII.

Of the Execution of Sentences.

The consuls cause their sentences to be executed on the moveable property of the party condemned, on his vessel and other goods; it is the same with the sentences of the appellate judge, and it is done in manner and form following; he commands the party condemned, at the instance of him who has obtained the sentence, to pay the money within ten days after the said commandment, or to shew moveable property out of which the sentence may be satisfied, otherwise that the sentence shall be executed out of such like property as shall be shewn by the adverse party.

CHAPTER XXIV.

Of Execution on the Moveable Goods of the condemned Party.

Ships or other property having been shewn, either by the condemned party, or by his adversary on his default, those goods are cried up publicly by the town crier for the space of ten days, and at the expiration thereof, they are sold at public sale to the highest bidder. Out of the proceeds the party who obtained the sentence is to be paid his money and costs, on giving security to refund, in case there shall appear a prior creditor or one better entitled.

CHAPTER XXV.

Of the Creditor who cannot find Security.

If he is a foreigner or inhabitant of the city, and swears that he cannot give the security required, public notice is given by the cryer by sound of trumpet, that as the consuls

are to pay over the proceeds of the sale to the party, who has sworn that he cannot find security to refund, if there be any person who has a claim against the thing sold, or the proceeds thereof, he must prefer his claim before the consuls within thirty days, otherwise the money will be paid to him without security.

CHAPTER XXVI.

Of Execution on the real Property of the Party condemned.

If it should happen that the party condemned had not any personal property, such as vessels and other things, but had some real estate, then the consuls write to the judges of the place where the property lies, that whereas they, the said consuls, have pronounced sentence against such a person for such a sum of money, which has been affirmed by the appellate judge, (if so the case should be) and whereas the party had not any personal property upon which they could execute their said sentence, they therefore request the said judges that in lieu of personal property, they may cause the said sentence to be executed on the real estate of the party condemned, because they, the said consuls, will not intermeddle or interfere with the sale of the said real estate, nor in fact have been accustomed so to do; and thus the said judge of the place causes the sentence of the said consuls to be executed upon the said real estate, according to the legal forms and customs of the place where it is situated.

CHAPTER XXVII.

Of the Master who demands his Freight.

If any master of a ship or vessel shall complain of his merchant for not paying him the freight of the goods which he shall have carried, and if the merchant shall allege, that he is not obliged to pay the said freight, until the said captain shall have delivered to him certain goods, which he affirms are missing according to his correspondent's letter, or otherwise alleges to have been shipped, and until the damage has

been made good to him, which he will affirm he has suffered in his merchandize by the fault of the captain, nevertheless the merchant is bound to pay to the master the freight of the goods which he has delivered to him, as well of those which are in good condition as of those that are damaged or spoiled, he first giving security before the said consuls that he will satisfy the merchant for the goods which he swears to be missing, or make good the damage which the said master shall have occasioned, and this is done, when the merchant's claims are not conceded by the captain. And this demand of freight is not necessary to be made in writing, provided the amount due manifestly appears by written documents, by the confession of the merchant, or in some other way.

CHAPTER XXVIII.
Of Mariner's Wages.

The demand of mariners against the captain for their wages need not be exhibited in writing.

CHAPTER XXIX.

Of Execution against the Captain for Money that he has bor

rowed.

When the debt of a captain of a vessel is proved by an instrument of writing or by his confession, there is no need of demanding it in writing, but the creditor is only to exhibit the written confession of the debt at the registry of the consuls, and to summon his debtor; and if the term is expired, which was appointed by the said instrument of writing for the payment thereof, the consuls then command the said captain so indebted, that within three, four, or so far as ten days, having regard to the amount of the debt, he shall pay the creditor, or assign to him in pledge, sufficient personal property, clear of liens, by way of security for the payment of the debt, in the said instrument mentioned, otherwise, that execution shall issue against his goods and chattels, which shall be shewn by the creditor, and the proceeds thereof delivered to him

until his debt is fully paid, according to the mode of execu tion above declared and provided.

CHAPTER XXX.

Of Security to abide by the Sentence of the Court.

If the plaintiff shall demand, either vivá voce or in writing, that the defendant give security to abide by the judgment of the court on his complaint, and he does not give it, it must then be thus proceeded against him: If he is a stranger, he must immediately give the said security, otherwise he is to be committed to the common prison, and remain there during the suit. And if he swears, that he has not wherewith to pay the sum in which he has been condemned, he is to be discharged out of prison, unless he has been committed for such cause which by the law marine deserves imprisonment in irons, until he has complied with the judgment. But if the defendant resides in the city, and the consuls know that he has property sufficient to pay the plaintiff's demand, in such a case, a term is to be assigned to him, within which he shall give the security required; and if the consuls, being thereto requested, shall not compel the defendant to give such security, and he shall escape, so that he cannot be found, nor any property of his, out of which the plaintiff's demand may be satisfied, then the said consuls, and their property, shall be and remain bound to the payment of the thing adjudged.

CHAPTER XXXI.

Of the Authority of the Consuls.

The consuls of the sea have jurisdiction of all contracts which are to be determined by the law marine, and in all cases specified therein.