5. The cargo to be discharged according to the custom and laws of the port of destination (u), at the rate of tons per working day, weather permitting, Sundays and holidays excepted. If the Steamer be longer detained the Receivers to pay demurrage at the rate of

day (x).

per running

6. The Parties hereto mutually exempt each other from all liability arising from frosts, floods, strikes, locks out of workmen, disputes between masters and men, and any other unavoidable accidents or hindrances of what kind soever beyond their control (y).

7. The Bills of Lading are to be signed within twenty-four hours after the Steamer is loaded, weight unknown (z), freight and conditions as per this Charter (a).

8. The Cargo to be taken from alongside (b) free of expense and risk to the Steamer.

9. The Charterers have the option of cancelling this Charter if the Steamer be not ready to load on or before

(c).

10. The freight to be paid one-third, if required, on signing Bills of Lading (d) in Cash, less per cent. for Insurance and Interest, and the remainder on unloading and right delivery of the Cargo ( e ), in Cash, for Steamer's use at current exchange, and the balance by a good and approved Bill on London at Three Months' date, or in Cash equal thereto at Captain's option.

11. The Steamer to be addressed to the Charterer's Agents at Port of Discharge free, paying the usual Commission of Two per cent. on signing Bills of Lading, if required.

12. In case of Average, the same to be settled according to the YorkAntwerp Rules, 1890 (f).

13. The Charterer's liability shall cease as soon as the Cargo is shipped, advance of Freight, Dead Freight and Demurrage on Loading is paid, the owners having a lien on the Cargo for Freight, Dead Freight, Demurrage, and Average (g).

14. The Brokerage of Five per cent. is due to this Charterparty.

on the signing of

15. Bunker Coals to be kept separate from Cargo at the Ship's Expense and the quantity endorsed on the Bills of Lading.

16. Penalty for non-performance of this Agreement, proved damages, not exceeding the estimated amount of Freight (h).

now and during hiring (m), of inclusive of fuel and stores, &c., now (n)

WITNESSETH,

Tons dead weight or thereabouts, and Messrs. Charterers.

to

and back to

she

in such Dock,

That the said Owners agree to let, and the said Charterers agree to hire the said Steam Ship for the term of calendar Months, from the day of for a voyage from being then placed at the disposal of the Charterers, at or at such safe (0) Wharf or place (where she may always safely lie afloat), as Charterers may direct, she being then ready to receive Cargo (p), and being tight, staunch, strong, and every way fitted for the service (and with full complement of officers, seamen, engineers, and firemen for a Vessel of her tonnage) (q); to be employed in carrying lawful merchandise (excluding ore, salt, petroleum and its products, and all other injurious cargoes), between such Ports within the following limits, viz.: with the option to the Charterers to send the Steamer to

as the Charterers

or their Agents shall direct, on the following conditions:That the Owners shall provide and pay for all the provisions and wages of the Captain, Officers, Engineers, Donkey Enginemen, Fireman and Crew; shall pay for the insurance of the Vessel; also, for all engine-room stores, and maintain her in a thoroughly efficient state in hull and machinery for and during the service. That the Charterers shall provide and pay for Coals as stated below, Port Charges, Pilotages, Agencies, Commissions, and all other charges whatsoever, except those before stated.

That the Charterers shall accept and pay for all Coal in the Steamer's Bunkers; and the Owners shall, on expiry of this Charterparty, pay for all Coal left in the Bunkers at the current market prices at the respective ports when she is delivered to them.

That the Charterers shall pay for the use and hire of the said Vessel at the rate of per gross register Ton per Calendar Month, commencing on and from the day of her delivery, as aforesaid, and at and alter the same rate for any part of a month; hire to continue until her delivery to the Owners (unless lost) at London.

Should the Vessel be lost without being heard of, hire shall cease to be due fifteen days after the date on which she left her last Port. Should the Steamer occupy a longer period than

days between

hire shall be remitted for an excess of time beyond the days named. Any time lost at Port of call to be excluded from the above guaranteed passage (r).

That in the event of loss of time from deficiency of men or stores, breakdown of machinery, or damage preventing the working of the Vessel (when in port) (r) for more than twenty-four working hours, the payment of hire shall cease until she be again in an efficient state to resume her service.

tons Coals (

The Charterers are to put on board in London for Ship's use for the Voyage out and home, and which is to include the working of the Donkey Engines. Should this quantity be insufficient, the Owner of the Steamer undertakes to pay the cost of any further quantity (r). The time of sailing from to be reckoned from the time the Captain receives his despatches on board, and the loading complete. The steam winches and cranes to be in efficient working order when in port.

(m) Article 24.
(n) Article 27.
(0) Article 37.

(p) Article 40.

(7) Article 29.

() These clauses are unusual. X

Payment of the said Hire to be made in London, monthly, in advance, by Charterers' acceptance at thirty days' date, and in default of such payment the Owners shall have the faculty of withdrawing the said Steamer from the service of the Charterers without prejudice to any claim they, the Owners, may otherwise have on the Charterers, in pursuance of this Charter, any payment for part of a month to be calculated at thirty days to the month.

ani

That the cargo or cargoes may be laden discharged in any Dock, or at any Wharf or place that the Charterers or their Agents may direct, provided the Steamer can always sa'ely lie afloat (s).

That the whole reach of the Vessel's Holds and usual places of loading and accommodation of the Ship (†) (not being more than she can reasonably stow and carry) shall be at the Charterers' disposal, reserving only proper and sufficient space for Ships' officers, crew, tackle, apparel, furniture, provisions, stores, and fuel.

That the Captain shall prosecute his voyages with the utmost despatch (u), and shall render all customary assistance with Ships' crew and boats.

That the Captain (although appointed by the Owners) shall be under the orders and direction of the Charterers as regards employment, agency, or other arrangements; and the Charterers hereby agree to indemnify the Owners from all consequences or liabilities that may arise from the Captain signing bills of Lading, or in otherwise complying with the same (x).

That if the Charterers shall have reason to be dissatisfied with the conduct of the Captain, Officers, or Engineers, the Owners shall, on receiving particulars of the complaint, investigate the same, and, if necessary, make a change in the appointments.

That the Master shall be furnished from time to time with all requisite instructions and sailing directions, and shall keep a full and correct Log of the voyage or voyages, which are to be patent to the Charterers or their agents.

That the Charterers shall have the option of continuing the Charter for a further period of on giving notice thereof to the Owners previous to the expiration of the first-named term.

That should the vessel be lost, freight paid in advanee, and not earned (reckoning from the date of her loss), shall be returned to the Charterers. The Act of God (y), the Queen's Enemies (z), Fire (a), Restraints of Princes, Rulers, and People (b), Detention of Railway Trucks, Frost, Strikes (c), and all other dangers and accidents of the sea, rivers, machinery, boilers, and steam navigation (d), throughout this Charterparty always excepted (e).

That, should any dispute arise between the Owners and the Charterers, the matters in dispute shall be referred to three persons at London, one to be appointed by each of the parties hereto, and the third by the two so chosen, their decision, or that of any two of them, shall be final, and for the purpose of enforcing any award, this agreement may be made a rule of Court.

That the owners shall have a lien upon all cargoes, and all sub-freights,

for any amounts due under this Charter; and Charterers to have a lien on the Ship for all moneys paid in advance and not earned (f).

All derelicts and salvage shall be for Owners and Charterers' equal benefit (g). Penalty for non-performance of this Contract, estimated amount of damages.

A Commission of Five per Cent. on the estimated amount of Freight is due on signment hereof to (h) Ship lost or not lost.

(G.) "NEGLIGENCE CLAUSE."

"It is also mutually agreed that the Carrier shall not be liable for loss or damage occasioned by causes beyond his control (i), by the perils of the sea or other waters (k), by fire from any cause (7), or whosoever occurring, by barratry of the master or crew (m), by enemies (n), pirates or robbers (o), by arrest and restraint of princes, rulers, or people (p), riots, strikes, or stoppage of labour, by explosion, bursting of boilers, breakage of shafts, or any latent defect in hull, machinery, or appurtenances (9), by collisions (r), stranding, or other accidents of navigation (k) of whatsoever kind (even when occasioned by the negligence, default, or error of judgment in the pilot, master, mariners, or other servants of the Shipowner), not resulting, however, in any case, from want of due diligence by the owners of the ship or any of them, or by the Ship's Husband or Manager" (s).

APPENDIX II.

Practice in loading and discharging general Ships in the
leading ports of Great Britain.

THE following accounts of the customs of the ports of London, Liverpool, Bristol, Glasgow, and Hull, as they exist in 1893, have been carefully compiled, and revised by merchants in those ports. They apply in the absence of any special agreement or custom in any particular trade. It is hoped they will be useful both to merchants and shipowners not belonging to those ports, and to lawyers.

(A.) PRACTICE OF PORT OF LONDON.

I. IN LOADING.

The shipper has sometimes "engaged" so much goods in the ship beforehand by agreement with the shipowner or shipbroker, such agreement, in the absence of express stipulations, being understood to be on the terms of the printed bill of lading of the line or firm, if, as is usually the case, there is such a printed bill, or, if not, on reasonable and ordinary terms of shipment. But not unfrequently no previous engagement of goods takes place.

I. Goods sent by land to the ship :

-:

The shipper, or the shipper's agent, acting on instructions for shipping forwarded to him by the shipper, sends the goods to the dock where the ship is to load.

(1.) If they are sent by road, the carman has with him a shipping note":

"To the Superintendent of the X. Docks. Please receive the undermentioned packages to be shipped on board the S." (here follows description of marks, numbers, and packages). "From F., shipper."

The carman has also a "cart note," or ordinary form of receipt for the goods. The servants of the dock company sign the "cart note," and return it to the carman, keeping the shipping note as their authority for receiving and shipping the goods. On the next day the dock company forward to F., the shipper, the account of their dock charges, known as the wharfage note, which also acknowledges receipt of the goods, and corresponds to the