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- 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 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 CRIME of master or crew, when barratry, 184 CROWN, charters by agents for, 31 CUSTOM, effect of, in construction of contract, 11, 18–22 marks of binding, 19 cannot explain well-known terms, 18, 19 when they bind persons ignorant of them, 22 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 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 shipowner's duty, when conflicting claims for, 226 what is, to divest stoppage in transitu, 148 to forwarding agent, effect of, in stoppage in transitu, 149, 150 what, earns freight, 245, 251 damaged, effect of, on freight, 254 short of destination, effect of, on freight, 246-259 DEMISE OF SHIP, when charter is, 2-6 position under, of charterer, captain, crew, 2 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 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 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 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 F. O. B. = free on board, the goods then being at the risk of the purchaser, 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 amount of, how calculated, 259 amount of, where goods shrink or swell on voyage, 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 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 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 |