He may carry his own merchandise, or that of others, or he may carry both. If he carry goods for others, he carries them on freight, and the usual if not constant meaning of the word * freight in law, is, the sum agreed on as that which * 286

(q) The Gratitudine, 3 Rob. Adm. 263; The Lord Cochrane, 1 W. Rob. 312, 2 id. 320; The Osmanli, 3 W. Rob. 214; Pope 9. Nickerson, 3 Story, 465.

(r) The Gratitudine, 3 Rob. Adm. 260; The Osmanli, 3 W. Rob. 214; The Nostra Senora del Carmine, 29 Eng. L. & Eq. 572. Ship and freight are liable before the cargo. La Constancia, 4 Notes of Cases, 285; The Prince Regent, 2 W. Rob. 83; The Priscilla, 1 Law Times shall be paid to the owners of a ship for carrying the goods of others. But in common conversation, the word freight is also used as meaning the goods carried or the cargo, and it would seem from the early reports that this word has had this two-fold meaning for a long time. (u) l And we shall hereafter see, that by the law and usage of insurance, a ship-owner may insure his freight under that name, meaning thereby not his own cargo, but what another party would have paid him for carriage of the same goods on the same voyage.

(n. s.), 272. It may be made by the owner at a home port without necessity. Conard v. Atlantic Ins. Co. 1 Pet 386; Franklin Ins. Co. v. Lord, 4 Mason, 248. Abroad, it can only be made through necessity. The Bonaparte, 3 W. Rod. 298.

(s) Franklin Ins. Co. v. Lord, 4 Mason, 248.

(t) Johnson v. Greaves, 2 Taunt. 344.