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APPENDIX I.

ORDINARY FORM OF CHARTER-PARTY.

It is this day mutually agreed between
the good ship or vessel called the
ment of

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tons register, or thereabouts, and merchant, that the said ship being tight, staunch and strong, and in every way fitted for the voyage, shall with all convenient speed sail and proceed to

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or as

near thereunto as she may safely get, and there load from the factors of the said merchant a full and complete cargo, which is to be brought to and taken from alongside at merchant's risk and expense, and not exceeding what she can reasonably stow and carry over and above her tackle, apparel, provisions and furniture, and being so loaded shall therewith proceed to or as near thereunto as she may safely get, and deliver the same on being paid freight.

Restraint of princes and rulers, the act of God, the Queen's enemies, fire, and all and every other dangers and cacidents of the seas, rivers, and navigation of whatever nature and kind soever, during the said voyage, always excepted.

Freight to be paid on the right delivery of the cargo; days to be allowed the said merchant (if the ship

be not sooner dispatched), for

and

days

on demurrage over and above the said laying days, at

£ per day.

Penalty for non-performance of this agreement, estimated amount of freight.

Witness to the signature of

Witness to the signature of

APPENDIX II.

ORDINARY FORM OF BILL OF LADING, CONTAINING THE PRINCIPAL TERMS.

SHIPPED in good order and condition by [A. B., merchant] in and upon the good ship called [ ], whereof [C. D.] is master for this present voyage, and now moored in the [river and bound to [San Francisco, forty cases of machinery and one hundred casks of starch], being marked and numbered as in the margin, and are to be delivered in the like good order and condition at the aforesaid port [of ], the act of God, the Queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers and navigation of whatever kind or nature soever excepted, unto [E. F., merchant] or to his assigns, he or they paying freight for the said goods £ with primage and average accustomed. the master of the said ship hath affirmed to [three] bills of lading all of this tenor and date, one of which bills being accomplished the others to stand void.

per ton, delivered In witness whereof

Dated at [

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ADDENDA.

A BILL of lading excepted a shipowner from loss or damage arising from any act, neglect or default of the master, officers, crew, or any servant of the shipowner, "in providing, despatching, and navigating the ship or otherwise".

A dog was shipped and lost on the voyage owing to the negligence of the shipowner's servants by allowing him to run about loose. It was decided that the words "or otherwise" protected the shipowner from liability. See Packwood v. Union Castle Steamship Co., Ltd., 20 T.L.R., 59, decided 25th Nov., 1903. (This is the latest reported case on bills of lading.)

The power to tranship or warehouse goods does not take away the charterer's ordinary right to bring an action for detention of the ship if delivery is not taken as provided by the bill of lading-(The Arne).

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