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MARKET, loss of, when recoverable as damages, 281
MARKS ON GOODS, inaccuracy, or absence of, 113, 170
quality, effect of, 52

MAST, cutting away of, and general average, 215, 216
MASTER: see CAPTAIN.

MATE'S RECEIPT,
what it is, 112

effect of possession of, 112

as a recognition of property, 112
not a negotiable instrument, 113
effect of statements in, 113

in London, Appendix II., 309, 310
MEASUREMENT, TONS OF WEIght and, 63

MERCHANDISE, LAWFUL, 106

MERCHANT'S RISK, AT, 188, 213

MISTAKE, effects of, on contract, 11, 24

MOBS, not arrests of peoples, 174

are seizures, 175

MONTH, in time charters, 263

MORTGAGE, INDORSEMENT OF BILL OF LADING AS A, when, 132, 142

its effect on stoppage in transitu, 143, 144

its effect on the contract, 154-156

its effects on suits in the Admiralty Court, 157-159

MORTGAGEE OF SHIP, when bound by charter, 37

when can maintain action of restraint, 37

statutory provisions as to, 36, 321

in possession, entitled to what freight, 269
out of possession, not entitled to freight, 269
MORTGAGOR OF SHIP, powers to charter, 36
statutory provisions as to, 36, 321
when entitled to freight, 269
MUTINY, damaging goods, 175, 181, 184

NAME, SHIP's, when condition precedent, 64
NATIONAL CHARACTER, SHIP's, 64

NAVIGATION, risks of steam, 169, 175

negligence in, 185-187

improper, what is, 187

breach of rules, when barratry, 184

perils of, include collisions, 176

NEAR AS SHE CAN SAFELY GET, 82-90

NECESSITY, what is, to give captain power to act, 195
what is, for bottomry, 195, 197

what is, for deviation or delay, 200, 208
what is, for sale of goods, 195, 207

NEGLIGENCE, not a peril of the sea, 179

and collisions, 178-180

of shipowner's servants, exception of, 185-188
of shipowner, not covered by exception, 185
in navigation, meaning of, 187

non-delivery of goods, primâ facie evidence of, 189
NEGOTIABLE INSTRUMENTS, mate's receipts are not, 113
when bills of lading are, 130

NON-DELIVERY of goods primâ facie evidence of carrier's negligence, 189
NOTICE OF READINESS, to load, shipowner to give, 97

to discharge, not required, 224, 225

NOTICE to stop in transitu, how and when given, 152

NOW AT ANCHOR IN THE PORT, 60, 66

NOW IN THE PORT OF, 60, 65

ORDER OR ASSIGNS, indorsement to, 129, 130
ORDERED, PORT as, 81, 82

OTHER CONDITIONS AS PER CHARTER, 47

Overside Goods, 229: see Appendix II., 312
no lien for wharfage dues on, 278

PAID IN LONDON, FREIGHT, 248, 262
PAPERS, SHIP's, duty to provide, 70

PAROL EVIDENCE, to vary charters, 11, 24

PARTIES TO CONTRACT of affreightment, 24-47
statements as to in charters, when final, 24
broker not a, 33

PARTNER, when may stop in transitu, 140
PART-OWNER of ship, when bound by charter, 36

action of restraint by, 36

PARTS OF BILL OF LADING, need not all be produced, 135
PASSENGERS in cabins, charterer's right to carry, 105

PAYABLE IN LONDON, FREIGHT, 20, 246, 248, 262

PAYABLE ACCORDING TO NET WEIGHT DELivered, FreiGHT, 260

PEOPLE, arrests and restraints of, 174

are the governing power of the country, 174

PERILS, EXCEPTED: see EXCEPTIONS.

PERILS OF NAVIGATION, 176

PERILS OF THE SEAS, 176-180

relation to act of God, 172, 177

not on the seas, 177

and stowage of goods, 178

PERILS OF THE ROADS, 170, 176

PILFERAGE, 182

PILOTAGE CHARGES in port of refuge, and general average, 218

PIRATES, exception of, 181

are a peril of the sea, 178

not Queen's enemies, 173

justify delay or deviation, 200

PITCH, cargo of, 99

PLACARD as part of contract of affreightment, 7

PLACE OF LOADING, usual, 90, 91

PLEDGE, INDORSEMENT OF BILL OF LADING ACTING AS A, 132, 153

effect on stoppage in transitu, 143, 144

effect of, on the contract, 156

effect of, on suits in the Admiralty Court, 157–159

PLEDGEE OF BILL OF LADING, when liable on the contract, 156

when can sue in Admiralty Court, 158

PORT, what is a, 10, 192

safe, what is a, and when, 81

as ordered, 81, 82

seaworthiness in, 68

charges, no lien at common law for, 278

rules, breach of, when barratry, 181

of refuge, expenses in and general average, 217, 218, 332, 333
of X., now in, 60, 65

PRECEDENT, CONDITION: see CONDITION PRECEDENT.

PREJUDICE TO CHARTER, without, 44, 46, 53, 266

PRESENTEE BY CHARTERERS, BILLS OF LADING as, 53

PRIMAGE, meaning of, 247

PRINCES, RULERS, AND PEOPLES, ARRESTS OF, 174

PRINCIPALS IN CONTRACT, who are, 24-31

agent for, undisclosed, 27, 31

when bound by agent, 27

PRINTED FORM OF CONTRACT, how construed, 22
contradicted by clause in writing, 22
bill of lading, how filled in, 129

PRIZE-COURT, decrees of, are arrests of princes, 174
PROCEED WITH all convenieNT SPEED, 66, 72

PROCEED TO A PORT AND THERE LOAD, 79, 90

PROCEED TO A DOCK AND THERE LOAD, 91

PROCEED TO A READY QUAY BERTH, 92

PROCEED TO A SAFE PORT, 81

PROCEED TO A PORT AS ORDERED, 81, 82

PROFITS ON GOODS, when included in damages, 281

PROPERTY IN GOODS, passed by indorsement of bill of lading, 2, 131,

132

passed absolutely, 131, 132

passed conditionally, 131, 134

passed without indorsement, 133

when passes by shipment, 133

when jus disponendi reserved, 131

when not transferred by indorsement, 153, 154

in goods shipped when reserved by vendor, 136

when passed to vendee, 136

who can sue for damage to, in Admiralty Court, 157-160

PROTEST, refusal to insert particulars in, is not breach of duty by master, 159

PURCHASER OF SHIP, when bound by charter, 36

QUALITY MARKS ON GOODS, 52

QUALITY AND QUANTITY UNKNOWN, 115, 116

QUARANTINE preventing loading, 233, 236

QUAY BERTH READY, for loading, 92

QUEEN'S ENEMIES, 173

RAILWAY DELAYS, preventing loading or unloading, 98

RATA, FREIGHT PRO: see FREight pro rata,

RATE OF FREIGHT, CAPTAIN TO SIGN BILLS OF Lading at any, 44, 46, 54, 266
RATIFICATION OF AGENT'S CONTRACT BY PRINCIPAL, 27

of agent's stoppage in transitu, 140

RATS, not act of God, 172

not a peril of the sea, 178, 179

READINESS TO LOAD, what is for ship, 96
shipowner to give notice of, 97

READY QUAY BERTH, 92

READY TO RECEIVE CARGO IN ALL MAY, 65

REASONABLE TIME, to load or unload in, 72-77, 225

RECEIPT, MATE's: see MATE'S RECEIPT.

RECEIPT, CLEAN, what is: Appendix II., 309

RECEIPT, bill of lading as, 6

RECEIPTS, CASH, not documents of title, 145

REFUSAL TO LOAD by charterer, effect of, 102, 103

REGISTER, ship's class on, statements as to, 61

REGULAR TURN, to load in, 94, 104, 240, 284

RELEASE FOR FREIGHT in London, Appendix II, 313
RELOADING CARGO, and general average, 218

REPAIRS, shipowner when bound to do, 69, 193, 194
sale of cargo to pay for, 214

in port of refuge, and general average, 217

REPRESENTATIONS in charter, nature and effect of, 58
not embodied in charter, how material, 58

by carrier's agent, when part of contract, 7

REPUDIATION OF CONTRACT for breach of conditions precedent, 58, 59
for breach of implied conditions, 67

for unseaworthiness, 68

for unreasonable delay, 67, 72–77

RESPONDENTIA, nature of, 207

captain's power to bind cargo by loan on, 207-210

RESTRAINT, ACTION OF, by part owner, 36

by mortgagee, 37

RESTRAINTS of princes, rulers, and peoples, 174

RISK, AT MERCHANT'S, 188, 213

RISK, AT SHIP's, 112, 170

RISK OF CRAFT, 170

RISKS OF STEAM NAVIGATION, 169, 175

ROADS, perils of the, 170, 176

ROBBERS, 181

RULERS, ARRESTS AND RESTRAINTS OF, 174

RUMOURS of restraints, not restraints of princes, 174

RUNNING DAYS and lay days, 233, 234

RUST, exception of, 182, 183

SACRIFICES, GENERAL AVERAGE, 212, 213; Appendix IV., 331, 332

SAFE PORT, what and when, 81

if not, when ship ordered to it, 81

SAFELY, meaning of, 82, 85

SAFELY GET, SO NEAR AS SHE CAN, 82-84

does not allow delivery at nearest safe port, 83

SAIL ON OR BEFORE, 65

SAILING, statements as to time of, 65-67

SAILING, FINAL, 192

SALE of ships, brokers for, 34

of cargo, captain's power of on voyage, 193, 194, 204, 207

of cargo, what is necessity for, 195, 204

of damaged cargo, captain's power of, 204

of cargo to raise money, by captain, 207

of cargo, as general average sacrifice, 212, 214

of cargo on voyage, effect of on freight, 195, 260

of cargo to pay its freight, 278, 326

SALVAGE, agreements, captain's power to bind cargo by, 193, 194, 221
captain not bound to collect from cargo, 222

when payable by cargo-owners, 222

for life, payable by ship and cargo, 222

shipowner's lien for, 222, 274

under demise charter, to whom payable, 3, 223

SCUTTLING ship is barratry, 184

SEAS, PERILS OF THE, 176–180

SEAWORTHINESS, implied undertaking of, 67-71

when it must exist, 68

in tugs, 69

absence of, must exist in fact, not only in belief, 72
exceptions and, 72, 171

absence of, not a peril of the sea, 179

SEIZURE and capture, 175

SHARE IN A SHIP, owner of, when bound by charter, 36
assignee of, when entitled to freight, 268

SHAREHOLDER IN SINGLE SHIP COMPANY, 32

SHIP,

when charter of, amounts to demise, 2-6

share in, owner of when bound by charter, 36

assignee of share in, when entitled to freight, 268

papers for, shipowner's duty to provide, 70

unable to reach port of loading, 82, 85

when ready to load, 90, 96

her gear, and stevedore, 109, 110, and Appendix II.

her responsibility, when it commences, 112

when it ceases, 230

conditions of her responsibility, 112, 113

non-arrival of, no evidence of negligence, 115

with no owner domiciled in England or Wales, who can sue, 157, 160

general average sacrifice of, 212, 215

general average expenditure on, 212, 216

when is ready to discharge, 224

SHIP-DAMAGE, meaning of, 170

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