MARKET, loss of, when recoverable as damages, 281 MAST, cutting away of, and general average, 215, 216 MATE'S RECEIPT, effect of possession of, 112 as a recognition of property, 112 in London, Appendix II., 309, 310 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 NAME, SHIP's, when condition precedent, 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 deviation or delay, 200, 208 NEGLIGENCE, not a peril of the sea, 179 and collisions, 178-180 of shipowner's servants, exception of, 185-188 non-delivery of goods, primâ facie evidence of, 189 NON-DELIVERY of goods primâ facie evidence of carrier's negligence, 189 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 OTHER CONDITIONS AS PER CHARTER, 47 Overside Goods, 229: see Appendix II., 312 PAID IN LONDON, FREIGHT, 248, 262 PAROL EVIDENCE, to vary charters, 11, 24 PARTIES TO CONTRACT of affreightment, 24-47 PARTNER, when may stop in transitu, 140 action of restraint by, 36 PARTS OF BILL OF LADING, need not all be produced, 135 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 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 PRIZE-COURT, decrees of, are arrests of princes, 174 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 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 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 REPAIRS, shipowner when bound to do, 69, 193, 194 in port of refuge, and general average, 217 REPRESENTATIONS in charter, nature and effect of, 58 by carrier's agent, when part of contract, 7 REPUDIATION OF CONTRACT for breach of conditions precedent, 58, 59 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 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 absence of, not a peril of the sea, 179 SEIZURE and capture, 175 SHARE IN A SHIP, owner of, when bound by charter, 36 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 |