SHIP'S HUSBAND, position and powers of, 32 statutory provisions as to, 32, 329 SHIP LOST OR NOT LOST, 245, 249 SHIP'S RISK, AT, 113, 158 SHIP'S TACKLES, FROM, 230, 231 SHIPMENT, when passes property, 133 SHIPOWNER, his work with regard to ship, 33, 34 his work abroad, whom done by, 33, 34 when liable to shippers of goods ignorant of charter, 42-44 when liable to third parties for dealings with goods, 43 when bound by bills of lading signed by captain or broker, 47-54 his undertaking of seaworthiness, 67–70 undertaking to proceed without delay, 72-77 undertaking to proceed without deviation, 198-202 duty to proceed to port of loading, 73, 90 to give notice of readiness to load, 90, 97 duty to look after cargo, when it begins, 102 taking goods before brought to place of loading, 102 his position if charterer refuses to load, 102 when may stow goods on deck, 107 and ballast and dunnage, 108 to stow cargo safely, 70, 109-111 and stevedores, 110 liability to persons injured by stevedore, 110 and cessor clause, 116-128 his duty on receiving notice to stop in transitu, 152 his negligence not covered by exceptions, 185 when captain should communicate with, before acting, 195 power to tranship goods, 205-207, 252 when bound to repair on voyage, 71, 205-207 must either carry on, tranship, or hand over cargo, 205 right to freight, when transhipping, 205, 252 and cargo sold to raise money, 207 expenditure by, and general average, 216, 217 when liable for salvage, 222 and lien for salvage expenditure, 203, 222, 274 when entitled to salvage earned by chartered ship, 223 liability for collision, 223 not bound to give notice of ship's readiness to discharge, 224, 225 to whom he should deliver, 133, 226, 227 delivery by, where conflicting claims, 226 where goods not claimed, 226-229 when he may warehouse goods, 227, 228 when he may carry goods on, 227, 251 maintains his lien by warehousing, 227, 228 statutory power to discharge goods, 228, 229, 324 SHIPOWNER-continued. and goods landed for assortment, 229; Appendix II., 312 can sue for demurrage on implied contract, 241, 242 earns full freight by delivery or readiness to deliver, 245 and lump freight, 253 position where delivery prevented by fault of shipper, 227, 229, 251, 252 when may refuse delivery, 262 may give authority to collect freight, 264 payment of freight to master or broker, when payment to, 264, 265 master cannot retain freight against, 265 his position, when freight is payable to third person, 265 and freight, when there is charter, 266, 267 when his master signs bills of lading presented by charterer, 266 waiving his lien, and freight, 270, 277 his liens on cargo, 274 his lien for freight against whom, 276 how he may enforce his lien for freight, 267, 277, 278, 326 how far bound to decrease charterer's loss, 284-286 SHIPPED IN GOOD CONDITION, 115, 116 and stowage, when there is charter, 110 aware of stowage, 110 and mate's receipt, 112 and indorsement under Bills of Lading Act, 155, 156 when can sue in tort, 190 when can sue in contract, 190 captain's duty to, 194 liable for demurrage on bill of lading, 243 implied contract to load or unload in reasonable time, 225, 237, 243 preventing delivery, 227–229, 251, 252 and freight, where there is a charter, 267, 268, 276 when liable for freight, 262, 270, 271 not discharged from freight by indorsement of bill of lading, 271 when bound by lien in charter, 276 and see CARGO-OWNER. SHIPPING AGENT has lien for charges on bill of lading, 279 SHIPPING CARDS as part of contract of affreightment, 7, 59 SHIPPING NOTE, Appendix II., 308 SHORT DELIVERY, effect on freight, 254, 255 SHRINKAGE of cargo, and freight, 260 SHUTTING OUT goods, effect of, 79 of agent, to charter, 21–31 SINGLE SHIP COMPANIES, managing owner in, 32 SMUGGLING, when barratry, 184 SNOWSTORMS preventing loading, 98, 99 SPARS, cutting away of, and general average, 215, 216 SPEED, WITH ALL CONVENIENT, 66 SPILES, meaning of, 169 STAMPS on charter, 1; Appendix III., 327 STANDARD HUNDRED, ST. PETERSBURG, 261 STEAM NAVIGATION, risks of, 169 STEAMSHIP, meaning of, 60 STEVEDORE, Shipowner to use same skill 109 and shipowner's liability, 109 liability of, 110 and dock companies, Appendix II. as, STOP FOR FREIGHT, Appendices II., 311; III., 325 STOPPAGE IN TRANSITU, not a rescission of contract, 138 against whom exercised, 141, 142 against whom invalid, 143, 144 when right of, ends, 146–152 and part payment, 139 and payment by bills of exchange, 139 what is insolvency to justify, 140 against purchaser from vendee, 141, 142 and carrier's lien, 142 and attachment, 142 and other claims in goods, 142 effect on, of indorsement of bill of lading, 143, 144 when transit begins, 146 and wrongful or mistaken delivery, 146 and master's refusal to deliver, 146 no need for till vendor loses possession of goods, 146 what is delivery, to divest, 148 and delivery to forwarding agent, 149, 150 divested by agreement between vendee and carrier, 151 notice to, how given, 152 shipowner's and captain's duty on receiving notice of, 152 refusal by master to deliver to vendor on, is breach of duty, 159 STORM, damage by, when a peril of the sea, 178 STOWAGE, seaworthiness in, 68 on deck, custom of, when binding, 19 on deck see DECK CARGO. bad, assent to by charterer or shipper, 106, 109 shipowner must ensure proper, 109 who ultimately liable for, 110 tally in: see Appendix II. and perils of the sea, 179 negligent, effect on exceptions, 182, 187 whether navigation, 187 See LOADING. STRANDING, when a peril of the sea, 178 STRIKES, 98, 100, 101, 169, 236, 237, 240, 241 SUB-CHARTER and charter, shipper under, 43 SUB-CONTRACT, profits on, when recoverable as damages, 281 SUFFICIENT WATER, IF, 86 SUNDAYS AND HOLIDAYS EXCEPTED, 233, 234 SURETY, when may stop in transitu, 140 SWEAT, exception of, 182 SWELLING of cargo, and freight, 260 SWORDFISH, a peril of the sea, 177 TACKLE, SHIP's, general average sacrifice of, 215, 216 TALLY, in loading, Appendix II. TELEGRAPH, effect of, on captain's position, 35 when captain should use, 197 TELEGRAPHIC AUTHORITY, 29 TERMS OF THE CONTRACT, nature and effect of, 58 THIEVES, 181 THROUGH BILL OF LADING: see BILL OF LADING. TIDAL HARBOURS, loading in, 83 TIDE, AT ALL TIMES OF, 86 TIME CHARTER, seaworthiness in, 69 freight in, 247 freight in, when payable, 262, 263 TIME, statements as to, when conditions precedent, 65-67 TIME, in fixed, to load or unload in, 234, 235 TIME, to load or unload in reasonable, 72-77, 225, 237 TONNAGE or burden of ship, when condition precedent, 62-64 TONS WEIGHT AND MEASUREMENT, 20, 63 TORT, who can sue in, for negligent carriage of goods, 148, 149, 190 who can be sued in, 191 TOW AND ASSIST VESSELS IN ALL SITUATIONS, 198, 199 TOWAGE, when a deviation, 199 TRADING, ILLEGAL, when barratry, 184 TRANSHIPMENT, shipowner's and captain's power of, 193-196, 205, 206 TRANSIT, when begins and ends: see STOPPAGE IN TRANSITU. TUGS, seaworthiness and efficiency of, 69 TURN, IN REGULAR, 94, 104, 240, 281 ULLAGE, meaning of, 169 UNAVOIDABLE, meaning of, 71 UNDERTAKINGS in charter, 67 implied, relation of to exceptions, 171 UNDISCLOSED PRINCIPAL, AGENT FOR, HIS LIABILITY, 27, 31 UNLIQUIDATED DAMAGES, lien for, 123 UNLOADING, charterer's duty in, 224 notice to charterer of ship's readiness not required, 224, 225 where cargo not claimed, 227 how long allowed consignee for, 225-229 shipowner's statutory power of, 228, 229 construed by customs of port of discharge, 19, 225 outside port, ship when bound to unload, 81, 85-90 and demurrage, 232-241 and damages for detention, 232 in fixed time, 234, 235 in reasonable time, 237 with customary despatch, 238-241 in customary manner, 238-241 customs of London, Bristol, Liverpool, Glasgow, Hull, as to, App. II. and see LOADING. UNPAID VENDOR: see VENDOR. UNSEAWORTHY: see SEAWORTHY. USAGE: see CUSTOM. USUAL AND CUSTOMARY MANNER of loading or unloading, 95, 238-241 USUAL DESPATCH OF LOADING OR UNLOADING, 98, 238-241 USUAL PLACE of loading or DISCHARGE, 90, 91 VALUE and contents unknown, 55, 115, 116 VARIATION of charter by parol evidence, 11, 18, 24 VENDEE, position of, under conditional indorsement, 135 what is insolvency of, to justify stoppage in transitu, 140 |