relation of, to perils of the sea, 172, 177 carrier not liable for, 161 charterer not liable for loss of a ship by, 6 ADJUSTMENT of general average contribution, when and where made, 220, 221 payment of freight into, when good, 266 ADMIRALTY JURISDICTION ACT, effect of indorsement of bill of lading under, 157-160 ADVANCE FREIGHT: see FREIGHT. ADVANCES to ship, whether freight or loan, 248, 249, 264 AFFREIGHTMENT, CONTRACT OF, definition of, 1 parties to, 24-57 when contained in charter, 1 when contained in bill of lading, 1, 2, 6, 38, 41, 129 in charter and bill of lading combined, 2, 6 in through bill of lading, 55-57 effect of indorsement of bill of lading on, 131, 155 contained in cards, bills, representations by carrier's agent, 7 by what law construed, 12 illegality of by English law, 8 illegality of by foreign law, 8 owner adopting must adopt all terms of, 52 representations and undertakings in, 58 conditions precedent in, 58-67 conditions implied in, 67-78 effect of delay in performance of, 72 -77 effect of excepted perils in, 165–172, 189 AFFREIGHTMENT, CONTRACT OF-continued. and see BILL OF LADING-CHARTER. AFLOAT, always, 86 AGENT, when principal bound by, 27 when personally liable, 28-31 effect of cesser clause on his personal liability, 30 without authority he professes, 29 classes of, for shipowner, 32 for undisclosed principal, 24-31 for Crown, 31 for charterer, position of, when holder of bill of lading, 38 for merchants, as, effect of signature, 20 for charterer, effect of signature as, 28 by telegraphic authority, 29 for shipowner, may lend on bottomry, 209 ALONGSIDE, cargo to be brought, 101 ALTERATIONS in contract, effect of, 23 ALWAYS AFLOAT, 86 AMBIGUITY in contract, how construed, 11, 18 when construed by custom, 18 ANCHOR IN THE PORT, now at, 66 ARRESTS AND RESTRAINTS OF PRINCES, RULERS, AND PEOPLES, 174 ARREST of goods on voyage, effect of on freight, 256 ARRIVAL AT LIVERPOOL, 20 ASSIGNEE, BARE, of bill of lading, cannot sue in Admiralty Court, 158-160 who can sue on, 268 effect of notice of, 268 to be earned, good, 268 ASSIST vessels in all situations, leave to, 199 ASSORTMENT, goods landed for, position of by statute, 229 AT ALL TIMES OF THE TIDE AND ALWAYS AFLOAT, 86 AT MERCHANT'S RISK, 188, 213 AT SHIP'S RISK, 112, 170 ATTACHMENT of goods, how affected by stoppage in transitu, 142 what is, 210 conditions of, 211 sacrifices, classes of, 212 jettison of cargo, 212 deck cargo, 213 pouring water on cargo, 214 burning cargo as fuel, 214 sacrifices of ship and tackle, 215 sacrifice of freight, 216 expenditures, classes of, 212, 216 on ship, 217 in port of refuge, 217 AVERAGE, GENERAL continued. expenditures, classes of-continued. warehousing cargo in port of refuge, 218 unloading and reloading cargo in port of refuge, 218 practice of adjusters as to port of refuge expenses, App. IV., 332 captain's duty to collect, 219 refusal to give materials for calculating, breach of duty by, how paid by cargo owners, 219 bond, nature of, 219 who can sue for, 220 who are liable for, 220 how adjusted, 221 if any, to be adjusted according to British custom, 221 AVERAGE, PETTY, meaning of, 247 BACK FREIGHT: see FREIGHT. BALLAST, shipowner to supply, 70, 108 BANK, bill of lading presented through, 135 what is, to give rise to stoppage in transitu, 140, 141 of captain and crew, 184 BEARER, indorsement of bill of lading to, 130 BILL OF LADING, forms of, Appendix I., 295 et seq. definition of, 1, 2, 6, 8 stamps, necessary for, Appendix III., 327 as evidence of contract of affreightment, 1, 2, 6, 7 how filled up and signed in London, Appendix II., 309 by whom signed, 6, 129 authority of master or broker to sign, 49–54 modern practice as to, 7, 8, 129 printed forms of, 7, 22, 49 statutory liability of persons signing, 54 effect of signature of, 129 where there is a charter, 2, 37-48 differing from or contradicting charter, 37-42 differing from charter, indorsee of, 41, 45 when charter is incorporated in, 2, 46-48 where there is a charter whom holder can sue, 37-47 parties to, 37-47 when agent personally liable on, 28 position of holder of, when agent for charterer, 38 shipper under, who is not charterer, 42-45 captain's authority to sign, where there is a charter, 52–54, 266-268 captain's authority to sign, where there is no charter, 51 beyond authority of master, effect of, 52 as presented by charterers, master to sign, 44, 46, 53, 266 construction of, 10-12 BILL OF LADING-continued. construction, by what law, 12 illegality of contract in, 8 construction of, by customs, 18-22 stipulations as to loading or unloading in, how construed, 103 repudiation of contract in, for breach of conditions precedent, 59 seaworthiness under, 68-72 exceptions as to seaworthiness in, 72 reasonable despatch under, 72-77 delay or deviation under, 76, 199 given to holder of mate's receipt, 112; Appendix II., 310 may be given without mate's receipt, 112, 113 stamps on, effect of, 8, 130 contents of, when binding on shipper, 7, 8 primâ facie evidence that goods were shipped, 50 burden of disproving lies on shipowner, 50 when conclusive evidence by statute, and of what and between whom, 54, 55 signed for goods not shipped, 49–51 effect of description of goods in, 52, 114, 115 clean, 113, 115 inaccuracies in, effect of in unloading, 227 statements as to goods in, effect of on freight, 254 commencement of ship's liability under, 112, 170 list of exceptions in, 169-171 and policies of insurance, different construction of, 167 burden of proof, where goods lost or damaged, 189 and general average, 211 holder of, has right to delivery of goods, 226, 227 when shipowner may safely deliver to first person presenting, 133, 226 when holder of, does not claim delivery, 227, 228 and delivery order, 144, 145 parties to, when liable for demurrage in charter, 48, 242 who are liable for demurrage on, 241 person taking delivery under, liable for demurrage on, 243 freight under, 248, 262 persons taking delivery under, their liability to freight, 264, 273 lien on, to broker or shipping agent, 279 holder of, when liable to lien for charterparty freight, 48, 276, 277 consignee under, position of, 159, 160, 271, 276 See BILL OF LADING, INDORSEMENT OF; BILL OF LADING ACT; BILL OF BILL OF LADING, INDORSEMENT OF, effects of, 2, 131 kinds of, 130 how effected, 130 after wrongful delivery of goods, 131 when it transfers property absolutely, 131, 132 conditionally, 132-138 when it does not transfer property at all, 132, 154, 155 acting as a mortgage, 132, 153 acting as a pledge, 132, 153 BILL OF LADING, INDORSEMENT OF-continued. to bank, with bill of exchange, 134-138 conditional, vendee under, 135 vendee cannot require all parts of, 135 effect of, on stoppage, in transitu, 143, 144 and suits under Admiralty Jurisdiction Act, 157-160 restrictive indorsement, when affecting captain, 8 BILLS OF LADING ACT, 131, 155, 156, 159, 321 BILL OF LADING, THROUGH, nature of, 55-57 whom contract in is with, 56 freight on, how payable, 56 and subordinate bills of lading, 130 BILL OF EXCHANGE, and conditional indorsement of bills of lading, 134-133 holders of, drawn against cargo, have no lien on cargo, 278 BLANK, indorsement of bill of lading in, 130 BLOCKADE, effect on contract by English law, 10, 74 effect by International Law, 10 is an arrest of princes, 174 breaking, when barratry, 184 justifies delay, or deviation, 200-202 communications with owners as to, 196, 197, 210 what can be pledged in, 207, 208 loss of cargo under, 208 agent of shipowner may lend on, 209 obligee of bond, payment of freight to, good, 266 BREACH OF DUTY, by master, under Admiralty Jurisdiction Act, what is, 159 BREAKAGE, exception of, 182, 183 BREAKDOWN OF MACHINERY, 169 BROKEN STOWAGE, 106 BROKER, position of as agent of shipowner, 33-35 classes of, 34 when a party to charter, 28-33 his representations, part of contract, 7, 58 power of captain to employ, 35 authority to sign bill of lading, 49-54, 129 statutory liability of, signing bill of lading, 54 |