BROKER-continued. payment of freight to, 33, 264, 265 his lien on bill of lading, 279 BRISTOL, practice of: see Appendix II., 316 BURDEN OF PROOF, when goods are damaged or lost, 189 BURDEN, SHIP'S, when condition precedent, 62-64 O. F. I.= CABINS, charterer's right to carry passengers and goods in, 105 CANCELLING CLAUSE, 65, 171 CAPABLE OF BEING COVERED BY INSURANCE, Damage, 170 CAPACITY OF SHIP, when condition precedent, 61-64 statements as to, effect of, 62, 105 dead weight, 62, 63 CAPTAIN, position of, abroad, effect of telegraph on, 35 power to effect or vary charters, 32, 35 power to employ broker, 35 power to settle accounts abroad, 35 ordinary authority of, 51-53 authority to sign bill of lading, 49-54 when there is a charter, 52-54, 266 signing bills of lading for goods not on board, 49 liability to his owners for statements in bill of lading, 53 signing second bill for same goods, 50 bill of lading beyond his authority, 52 signing bill of lading, statutory liability of, 54 signing bill of lading as agent for whom, 266 position under charter not a demise, 3 position under demise charter, 2 bound to stow skilfully, 109 barratry of, 184 negligence of, exception of, 185 when can be sued for damage to goods, 191 breach of duty, within Admiralty Act, what is, 159 his authority on voyage, 193-198 authority conferred by shipment, 12, 194 when agent for shipowner, 193–198 when agent for cargo-owner, 194–198 when agent for charterer, 193 necessity as ground for his authority, 195 when should communicate with owners before acting, 196 when should use telegraph, 197 when may delay or deviate on voyage, 200-202 duty to take care of goods on voyage, 202 power to sell damaged cargo, 204 power to tranship, 205-207 power to raise money on cargo, 207 power of bottomry, 208 power of jettison, 210, 212 duty to collect general average from cargo, 219 lien for general average, 219 bound to furnish particulars of general average to cargo-owners, 219 CAPTAIN-continued. not bound to collect salvage from cargo, 222 his duty in unloading, 224-227 duty on receiving notice of stoppage in transitu, 152 his duty to deliver, 225, 226 and conflicting claims for goods, 226 not bound to unload, unless to bill of lading, 227 position of, if no bill of lading produced, 226, 227 retains his lien by warehousing, 227-229 his position, if consignee does not take goods, 227–229, 251 cannot sue for demurrage, 243 his authority to receive freight, 264 effect of payment of freight to, before it is due, 264 when freight payable to, 265 when can sue on contract implied from delivery of goods, 265 how may waive lien for freight, 277 how may enforce lien for freight, 277, 278 in case of breach of contract, must seek other employment, 283, 284 CAPTAIN TO SIGN BILLS OF LADing at any RatTE OF FREIGHT, 44, 46, 54, CAPTURE AND SEIZURE, 175 deviation to avoid, 201 CARGO, charterer's duty to provide, 97-101 failure of charterer to provide, 98 non-existence of, effect on charter, 98 causes preventing transmission of the port of loading, 98 causes preventing loading of, 98 tendered, must reasonably comply with charter, 99 short supply of, 98, 236 to be brought alongside, 101, 102 full and complete, 105, 106 where to be loaded, 107 marks on, errors in, 52, 113, 170 shipowner to stow properly, 109-111 not shipped, bill of lading signed for, 49, 50 captain's duty to take care of on voyage, 202, 203 lien for expenses in preserving, 203 captain's power to sell damaged, 204 transhipment of, 205–207 captain's power to raise money on, 207 captain's power to sell to raise money, 207 and bottomry, 208–210 pledged without authority, 208-210 what can be bottomried, 208 loss of, when bottomried, 208 jettison of, 210 and general average, 210-214; Appendix IV., 331 general average, sacrifice of, 211 damaged by water to extinguish fire, 214 burnt as fuel, 214 warehousing of, and general average, 218 unloading and reloading in port of refuge, 218, and Appendix IV., 332 CARGO-continued. liable for life salvage, 222 shipowner's lien on for salvage expenditure, 203, 222, 274 not taken by consignee at port of discharge, 227, 228, 251 damaged, freight for, 254 if lost, when freight payable for, 245, 249 on ship's account, no lien on for freight, 278 no lien to holders of bill of exchange drawn against it, 278 profits on, when included in damages, 282 damages to charterer failing to load, 282-289 CARGO, DECK, 107 and general average, 210 et seq. CARGO-OWNER, captain's duty to, 194 when captain is agent for, 194, 196 when captain should communicate with, 196 and deviation or delay on voyage, 198-202 and transhipment, 205 and cargo sold to raise money, 207 and cargo pledged without authority, 208-210 and jettison, 210 captain must furnish particulars of general average to, 219 and general average, 210-213, 219–220 when he can sue for general average, 220 has no lien on ship for general average, 220 when liable for general average, 220 when liable for salvage, 222 when and whom he can sue for collision, 223 not liable for collision, 223 not claiming cargo, 227-229 how far lighterman is his agent, 111, 229 when liable for freight pro ratâ, 256–259 CARRIER, liability for goods carried, 161 shipowners who are not, their liability, 161 whether lighterman is, 162, 163 his lien, how affected by stoppage in transitu, 142 his lien, effect of end of transit on, 150 refusal to deliver, effect on stoppage in transitu, 146 CART NOTE, Appendix II., 308 CASH RECEIPTS, not documents of title, 146 CAUSA CAUSANS and CAUSA PROXIMA, 166, 168 purchaser, 36 who are bound by, 36, 37 whom shipper under can sue, 37-45 position of shipper who is not charterer, 42-45 repudiation of, 58-61 conditions implied in, 67 and seaworthiness, 67-72 its operation before loading, 79 loading under, 90, 103 loading under and exceptions, 98 cargo tendered must comply with, 99 relations of shipper, shipowner, and charterer as to stowage under, 109 unloading under, 224 who is liable for demurrage under, 241, 242 who bound for lien for freight in, 276, 277 and see CHARTERER; DEMURRAGE; FREIGHT; LOADING; UNLOADING; CHARTER AND BILL OF LADING, 1, 2, 7, 38-42 when they differ, 38, 39 indorsee of bill of lading differing from charter, 45-47 when one incorporated in other, 46-48 CHARTER AND SUB-CHARTER, position of shipper, 43 CHARTER, TIME, seaworthiness in, 69 freights in, 247, 262, 263 CHARTER, WITHOUT PREJUDICE TO, 44, 46, 53, 266 CHARTER, OTHER CONDITIONS, AS PER, 47, 48 CHARTERED FREIGHT: 8e6 FREIGHT. CHARTERED VOYAGE and carrying voyage, 79 CHARTERER, position of, under demise charter, 2-6 entitled to receive notice of ship's readiness to load, 96 when excused from loading, 98, 99 prevented from bringing cargo to port of loading, 98 obligation to load, when fulfilled, 98, 99 damages for failing to load cargo, 282-289 to carry full and complete cargo, 105 to provide broken stowage, 106 and passengers in cabins, 105 and cesser clause, 116-128 who is consignee, and cesser clause, 118 when can be sued for damage to goods, 191 captain's power to bind, on voyage, 193 when can sue for general average, 220 when liable for general average on ship or freight, 220 when entitled to salvage earned by chartered ship, 3, 223 duty to provide for discharge of cargo, 224 not entitled to notice of readiness to discharge, 224, 225 when liable for demurrage, 241 freight when payable to, 266-268 loss, captain how far bound to decrease, 284–286 CHARTERER, BILLS OF LADING AS PRESENTED BY, 53 CHARTERER, FREIGHT TO BE COLLECTED BY, 262 CHARTERER'S AGENT, CONSIGNED TO, FREE OF COMMISSION, 101 CHARTERING BROKER, 34 CLAIMS for cargo damaged, when to be made, 170, 231 CLASS of ship on register, condition precedent, 61 CLEAN BILL OF LADING, 113, 115 CLEAN RECEIPT, 115; Appendix II., 309 CLEARANCES, failure to procure, 101 when procured by charterers, 101 COAL, ordered by master, who liable for, 194 COLLECTED BY CHARTERERS, FREIGHT TO BE, 262 COLLIERY GUARANTEE, 232 COLLISION, exception of, 180 when a peril of the sea, 177, 179 cargo not liable for damage by, 223 cargo-owner may recover damages for, 223 COMMERCIAL purpose of voyage, frustration of, 67, 72, 73 COMMISSION, Consigned to charterer's agents, free of, 101 |