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COMMUNICATION by captain with owners, when necessary,

CONDITION, SHIPPED IN GOOD, 115, 116

CONDITIONS, IMPLIED, in contract, 67

CONDITIONS, PRECEDENT, IN CHARTER, 58-67

effect of waiver of, 58

repudiation for breach of, 58, 59

functions of Court and jury as to, 59

statements, as to ship's register, when, 61

ship's tonnage, when, 62-64

ship's name, when, 64

ship's national character, when, 64

ship's whereabouts, when, 65, 66

ship's time of loading or sailing, when, 65, 66

CONDITIONS PRECEDENT IN BILL of Lading, 59

CONDITIONAL INDORSEMENT, effect of, 134-138

196

CONSIDERATION, What necessary for indorsement defeating stoppage in tran-
situ, 144

no, for indorsement of bill, effect of, 153

CONSIGNED TO CHARTERER'S AGENTS FREE OF COMMISSION, 101

CONSIGNEE,

of bill of lading, statutory position, 54, 155–160

who is charterer, effect of cesser clause, 117

his position in Admiralty Court, 157-159

can sue in tort for negligent carriage, 190

can sue in contract for negligent carriage, 191

when liable for general average, 221

cannot be called on to accept goods before ship's arrival, 224
entitled to reasonable time to receive goods, 225, 226

not claiming cargo, 226-228

right to delivery direct from ship, 227

where goods are landed for assortment, 229

where goods are entered as overside goods, 229

disputing charges of landing, 229

demanding goods, when part landed, 228

how far lighterman is agent of, 111, 229

when liable for demurrage, 243, 244

preventing delivery of goods, 227, 251, 252

when must pay freight, 262, 271

taking delivery under bill of lading, to pay freight, 264, 271, 272

who is cargo-owner, 272

when bound by lien for freight in charter, 276

general, in France, 264

CONSIGNOR: see SHIPPER; CArgo-owner.

CONSTRCTION, of contract of affreightment, 10-23

provinces of Court and of jury, 11

by what law, 12-18

by law of ship's flag, 12

CONTACT WITH OTHER GOODS, 183

CONTRACT OF AFFREIGHTMENT: see AFFREIGHTMENT.

CONTRACTUS, LEX LOCI, 12

CONVENIENT SPEED, to proceed with, 65, 66

COPPERED, A 1, 66

COUNTY COURTS, JURISDICTION of, 292-294

COURT, province of, in construction of contract, 11, 59

COVERED BY INSURANCE, DAMAGE CAPABLE OF BEING, 170

[blocks in formation]

CRIME of master or crew, when barratry, 184

CROWN, charters by agents for, 31

CUSTOM, effect of, in construction of contract, 11, 18–22
evidence of, when admissible, 18, 19

marks of binding, 19

cannot explain well-known terms, 18, 19

when they bind persons ignorant of them, 22
of port of loading, 19, 103

of port of discharge, 19

CUSTOMARY DESPATCH, 96, 98, 238–241

CUSTOMARY MANNER, 95, 96, 238-241

DAMAGE, meaning of, 170

DAMAGE CAPABLE OF BEING COVERED BY INSURANCE, 170

DAMAGE, SHIP, 170

DAMAGE TO CARGO, who can sue for, 190

who can be sued for, 191

limitation of liability for, Appendix III., 323

claims arising out of, 231

effect of, on freight, 254

carrier's liability for, 161-164

DAMAGES, rule of, 280

to cargo, how assessed, 280-282

for failure to load a cargo, 282-289

and see FREIGht, Dead.

DAMAGES FOR DETENTION: see DETENTION.

DANGEROUS GOODS, implied contract not to ship without notice, 77

what will be notice of, 77

and see APPENDIX III., 328

DAY, meaning of, in demurrage clauses, 234

part of, counts as whole day, 234, 263

DEAD FREIGHT: see FREIGHT.

DEAD WEIGHT, 63

DECK CARGO, when proper, 107

custom to load, 19, 107

effect of carrying without authority, 107

carrying, not barratry, 184

and general average, 212

in coasting trade, 212

DELAY, on contract, effect of, 72-77, 198, 199
captain's power to, on voyage, 198-201

DELIVERED, FREIGHT PAYABLE BY NET Weight, 260

freight payable on intake measure of quantity, 260

DELIVERY OF GOODS.

to whom shipowners may safely make, 132, 133, 226
effect of, by shipowner, 226

shipowner's duty, when conflicting claims for, 226
effect of wrongful, on stoppage in transitu, 146

what is, to divest stoppage in transitu, 148

to forwarding agent, effect of, in stoppage in transitu, 149, 150
contract to pay demurrage, implied from, 242, 243

what, earns freight, 245, 251

damaged, effect of, on freight, 254
short, effect of, on freight, 254, 255
shipped, effect of, on freight, 254

short of destination, effect of, on freight, 246-259
when concurrent with payment of freight, 262
contract to pay freight, implied from, 264, 270-273
to consignee, contract implied from, 243, 264, 271
freight due before or after, no lien for, 275
without payment of freight, waives lien, 277
DELIVERY ORDER, as document of title, 145
and bill of lading, 145

DEMISE OF SHIP, when charter is, 2-6

position under, of charterer, captain, crew, 2
effects of construction of charter as,

hirer, not liable for ship's loss by act of God, 6

DEMURRAGE,

what is, 118, 119, 232

when payable, 232, 233

how calculated, 233, 234

clauses as to, when applied to loading and unloading, 233

in charter, who liable for, 48

and cesser clause, 117-128

at port of loading, 118

in bill of lading, who liable for, 243

who can sue on implied contract to pay, 243

contract to pay when implied from delivery, 242, 243

no lien for, at common law, 278

lien for, by express agreement, 118-128, 279

customary for lighters in London, Appendix II., 310

Despatch Money, how calculated, 234

DESPATCH, USUAL IN LOADING, 95, 98, 238-240

DETENTION, DAMAGES FOR, what are, 232

when payable, 233

and cesser clause, 117-128

no lien for, at common law, 117-128, 278

lien for, by express agreement, 117-128, 279

DEVIATION, implied contract to proceed without, 67, 198

when captain may make, 198–202

when not barratry, 184

to save life allowed, 198

to save property, when allowed, 198

towage is, 199

communication with ship in distress is not, 199

damage occurring on, liability for, 199

delay to prevent damage to cargo not a, 200-202

DILIGENCE, implied contract to use due, 72-77
DISCHARGE: see UNLOADING.

Docks, if full, position of shipowner, 82, 91, 235, 238, 239

in London, practice of, Appendix II., 308

and stevedores, Appendix II.

their cranes, liability for, Appendix II.

damage in, when a peril of the sea, 178

DOCK DUES AND CHARGES, how paid, Appendix II.

DOCK WARRANT, effect of, 145

DOCK AS ORDERED ON ARRIVING, 86, 92

DOCUMENT OF TITLE, meaning of, 144

DUNNAGE, 70, 108

EMBARGO, effect of, on contract, 75, 200
an arrest of princes, 174

EMPLOYMENT of ship, by whom settled, 33

ENEMIES, QUEEN'S, 173

ENGAGEMENT OF GOODS in ship, effect of, 79

EQUIPMENT OF SHIP, by whom directed, 33

ERASURES in charter on bill of lading after signature, 23
EXCEPTED PERILS, 165, 170

in charter, 165, 171

apply before loading, 80, 98, 112, 170

when cover failure to load, 98, 99

in bill of lading, 165–172

history of, 165

list of, 168-170

burden of proof as to, 189

effect of deck stowage on, 107, 189

their relation to implied undertakings, 67, 171

as to seaworthiness, 71, 72

and unreasonable delay, 73

EXPLOSIVES, shipment of, 77
and see Appendix III., 328

F. O. B.

=

free on board, the goods then being at the risk of the purchaser,
who is liable to freight: Inglis v. Stock (1885), 10 App. C. 268
F. O. W. =

first open water, for Baltic ports, after ice.

FACTORS ACTS, questions under, 144, 145

FINAL SAILING, 192

FIRE ON BOARD, 169

FIRE, exception of, 183

FITNESS FOR CARGO: see SEAWORTHINESS.

FLAG, LAW OF SHIP's, as law of construction, 12, 208

FORTHWITH, 80

FORWARDING AGENT, delivery to, and stoppage in transitu, 149, 150

FRANCE, general consignee in, 264

FRAUD, avoiding charter, 58

effect on bill of lading, 55, 155

FREE OF COMMISSION, 101

FREIGHT,

definition of, 1, 245

does not include passage-money, 245

FREIGHT-continued.

when earned, 245

not payable if goods lost, 245

oral evidence to explain, when admitted, 18, 21, 246

mode of payment, to be fixed by custom, 18, 21, 246, 259
for cargo belonging to shipowner, 259

amount of, how calculated, 259

amount of, where goods shrink or swell on voyage, 260
and hydraulic presses, 260

alternative, 261

when payable, 262

payment of, and delivery of goods, concurrent, 262

when shipowner entitled to, 262

clauses as to, in time and voyage charters, 247, 262, 263
clauses as to, in bills of lading, 248, 262

to whom payable, 263-270

when payable to shipowner, 264

shipowner may give authority to collect, 264

master's or broker's authority to collect, 33, 35, 264, 265

payment to master or broker when good, 33, 35, 264, 265
paid before it is due, effect of, 264

when payable to captain, 264

when payable to third person, 265

payment to obligee of bottomry bond, good, 266

payment of, into Court of Admiralty, when good, 266

when payable to charterer, 266-268

assignment of, effect of, 268

assignee of share of ship entitled to, 268

when payable to mortgagee of ship, 269, 270

when payable to mortgagor of ship, 269, 270

by whom payable, 270-273

when payable on contract implied from taking delivery of goods, 264,

270-273

implied contract to pay, by shipper, 271

when shipper freed from contract to pay, 271

consignee, when liable to pay, 272

indorsee of bill of lading when liable for, 251, 273

where cargo transhipped, 205, 206, 252

under through bill of lading, 56, 245

how affected by blockade, embargo, bad weather, delay for repairs, 262

guarantee of, when ship lost, 245

when payable, "ship lost or not lost," 245, 249

general average, sacrifice of, 212, 216

and general average expenses in port of refuge, 217

person entitled to, and general average, 220

free, authority to master to carry, 52

stop for, Appendices II., III., 311, 325

release for, Appendix II., 313

lien for, by common law, 245, 246, 274, 276

lien for, under demise charter, 3

due after delivery of goods, no lien for, at common law, 275

due on delivery of goods, lien for, 274

lien for, on what goods, 276

lien for, for what amounts, 276, 277

lien for, how maintained, 277

lien for, how waived, 277, 278

taking payment of by bill, waives lien, 277

delivery without payment of, waives lien, 277

in charter, lien for against whom, 276

and general consignee in France, 264

when goods may be sold to realize lien for, 326

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