Respondentia

In maritime law. A loan of money, on maritime interest, on goods laden on board of a ship, upon the condition that, if the goods be wholly lost in the course of the voyage, by any of the perils enumerated in the contract, the lender shall lose his money; if not, that the borrower shall pay him the sum borrowed, with the interest agreed upon. The contract is called "respondentia" because the money is lent mainly^ or most frequently, on the personal responsibility of the borrower. It differs principally from bottomry (q. V.) in the following circumstances: Bottomry is a loan on the ship; respondentia is a loan upon the goods. The money is to be repaid to the lender, with maritime interest, upon the arrival of the ship in the one case, and of the goods in the other. In most other respects, the contracts are nearly the same, and are governed by the same principles. In the former, the ship and tackle, being hypothecated, are liable, as Well as the borrower; in the latter, the lender has, in general, it is said, only the personal security of the borrower. Marsh. Ins. bk. 2, c. 1, p. 734. The general term, including both respondentia and bottomry, is "hypothecation" (q. v.)

In Maritime Law. A loan of money, on maritime interest, on goods laden on board of a ship, upon the condition that if the goods be wholly lost in the course of the voyage, by any of the perils enumerated in the contract, the lender shall lose his money; if not, that the borrower shall pay him the sum borrowed, with the interest agreed upon. See Maitland v. Atlantic, Newb. 514, Fed. Cas. No. 8,9S0. The contract is called respondentia because the money is lent mainly, or most frequently, on the personal responsibility of the borrower. It differs principally from bottomry, which see, in the following circumstances; bottomry is a loan on the ship, respondentia is a loan upon the goods. Conard v. Ins. Co., 1 Pet. (U. S.) 38G, 7 L. Ed. 189. The money is to be repaid to the lender, with maritime interest, upon the arrival of the ship in the one case, and of the goods in the other. In most other respects the contracts are nearly the same, and are governed by the same principles. In the former, the ship and tackle, being hypothecated, are liable, as well as the borrower; in the latter, the lender has, in general, it is said, only the personal security of the borrower; Marsh. Ins. 734. If any part of the goods arrive safely at the end of the voyage, the lender is entitled to have the proceeds applied to the payment of his debt. If the loan is made to the master, and not to the owners of the goods, the necessity for the loan and for the hypothecation of the cargo must be clearly shown, or the owners of the goods, and, consequently, the goods themselves, will not be bound. The ship and freight are always first to be resorted to to raise money for the necessity of the ship or the prosecution of the voyage; and it seems that a bond upon the cargo is considered by implication of law a bond upon the ship and freight also, and that unless the ship be liable in law the cargo cannot be held liable; The Constancia, 4 Notes of Cas. 285, 512, 677; 10 Jur. 845; 2 W. Rob. 83; 14 Jur. 96. See Master of a Ship. If the contract clearly contemplates that the goods on which the loan is made are to be sold or exchanged, free from any lien, in the course of the voyage, the lender will rower. It has frequently been said by elementary writers, and without qualification, that the lender has no lien; 2 Bla. Com. 458; 3 Kent 354; but the form of bond generally in use in this country expressly hypothecates the goods, and thus, even when there is no express hypothecation, if the goods are still on board at the end of the voyage, it is not doubtful that a court of admiralty will direct the arrest of the goods and enforce against them the maritime lien or privilege conferred by the respondentia contract. There is, perhaps, no common-law lien, but this maritime lien only; but the latter will be enforced by the proper admiralty process. See the authorities cited in note to Abb. Shipp., 13th ed. 152, 154, 175; Atlantic Ins. Co. v. Conard, 4 Wash. C. C. 662, Fed. Cas. No. 627; form of respondentia bonds in Conkl. Adm. 263; 1 Pars. Mar. l^aw 437; Abb. Shipp. 455. See Admiralty; Maritime Cause; Lien. RESPONDERE NON DEBET (Lat. ought not to reply). The prayer of a plea where the defendant insists that he ought not to answer, as when he claims a privilege: for example, as being a member of congress or a foreign ambassador. 1 Chitty, PI. *433. RESPONSA PRUDENTIUM (Lat.). In Roman Law. Opinions given by Roman lawyers. Before the time of Augustus, every lawyer was authorized, de jure, to answer questions put to him; and all such answers, responsa prudentium, had equal authority — not the force of law, but the opinion of a lawyer. Augustus was the first prince who gave to certain distinguished juris-consults the particular privilege of answering in his name; and from that period their answers acquired greater authority. Adrian determined in a more precise manner the degree of authority which these answers should have, by enacting that the opinions of such authorized juris-consults, when unanimously given, should have the force of law ( legis vieem ) and should be followed by the judges, and that when they were divided, the judge was allowed to adopt that which to him appeared the most equitable. The opinions of other lawyers held the same place they had before: they were considered merely as the opinions of learned men. Mackeldey, Man. Introd. § 43; Mackeldey, Uist. du Dr. Rom. §§ 40, 49; Hugo, Hist, du Dr. Rom. § 313; Inst. 1. 2. 8; Institutes Expliqutes, n. 39.

I. A loan of money on a pledge of the cargo of a vessel, to be repaid with maritime interest, if the subject arrives safa

A loan like hottowry, but secured upon the ship's carg Oi and for which the borrower or master becomes liable personally if the goods are saved. Respondes oustre,/r. Answer over.

in maritime law, is a loan of money on goods laden on board of a ship, which in the course of the voyage must, from their nature, be sold or exchanged, on maritime interest, upon this condition, that if the goods should be lost in the course of the voyage, by any of the perils enumerated in the contract, the lender shall lose his money; if not, that the borrower shall pay him the sum borrowed, with the interest agreed upon. This contract is called respondentia, because the money is lent on the personal responsibility of the borrower. It differs principally from bottomry, in the following circumstances: bottomry is a loan on the ship; respondentia is a loan upon the goods. The money is to be repaid to the lender, with maritime interest, upon the arrival of the ship, in the one case; and of the goods, in the other. In all other respects the contracts are nearly the same, and are governed by the same principles. In the former the ship and tackle, being hypothecated, are liable, as well as the person of the borrower; in the latter the lender has, in general, only the personal security of the borrower. Marsh. Ins. B. 2, c. 1, p. 734. See Lex. Mer. Amer. 354; Com. Dig. Merchant, E 4; 1 Fonb. Eq. 247, n. l.; Ib. 252, n. o.; 2 Bl. Com. 457; Park, Ins. ch. 21; Wesk. Ins. 44; Beawes's Lex. Mer. 148; 3 Chitty's Com. Law, 445 to 536; Bac. Abr. Merchant and Merchandize, K; Bottomry.