INDEX.

ADDENDA, 137.

Affreightment,

contract of, 15.

"Against payment of the agreed freight, and other conditions as per
charter-party," 120.

"All other accidents, even though caused by negligence, fault, or
error on the part of the pilot, captain, sailors, or other servants
of the owners, in the management or navigation of the vessel or
otherwise," 72.

"And other conditions as per charter," 118.
"And other conditions as per charter-party,"
effect of words, 115.

"Any custom of the port notwithstanding," 62.

BILL of Exchange,

universal rule in reference to, 29.

Bills of Lading,

Lord Blackburn's definition of a bill, 73.

other definitions, 73, 74.

several of different imports, 87.

usually signed by master of ship, 87.

"through" defined, 93.

Bowen, L.J., on the law of indorsement of, 93-95.

"clean," 103.

acknowledging receipt of specific things, 104.

the contract under which the goods were shipped, 104.
construction of, 106.

contain the contract between parties, 110.

do not contain contract to carry, III.

where, indorsed, pass property, 113.

transfer of, for value, 114.

Bills of lading (continued).

immediate context of words in, 120.

assignment of, 122.

how long, remain in force, 125.

handing over, for money advance, 129.

Bills of Lading Act, 1855,

provisions of, 74, 75, 100, 101, 102, 103.

mercantile law in reference to appointment of, 89.

CARGO,

when ship deemed to have delivered her, 62.
employment of person to find, 89.

Cases (principal) cited,

Adams v. Hall, 29, 30.

Aktieselskabet Argentina v. Von Laer, 72.

Armstrong v. Allan, 91.

Arne (The), 137.

Barber v. Meyerstein, 79.

Baumwoll Manufactur von Carl Scheibler v. Furness, 15.

Beeswing (The), 10, 12.

Beyn v. Burgess, 36-40.

Birley v. Gladstone, 34.

Borthwick v. Elderslie Steamship Co., 81-84.

Brenda Steamship Co. v. Greer, 62, 63.

Brown v. Powell Coal Co., 75.

Calder v. Dobell, 32, 33.

Christie v. Lewis, 6-8.

De Clermont v. General Steam Navigation Co., 91.

Deslandes v. Gregory, 29.

Fearon v. Bowers, 80.

Fraser and White v. Bee, 64.

Frazer v. Marsh, 14.

Geipel v. Smith, 45.

Glynn, Mills & Co. v. East and West India Dock Co., 76.

Harrison v. Huddersfield Steamship Co., 132.

Cases (principal) cited (continued).

Hessler & Co. v. Tyrer & Co., 70, 71.

Jones v. Hough, 92.

Lickbarrow v. Mason, 96.

Lyle Shipping Co. v. Corporation of Cardiff, 58.

Macbeth v. Wild & Co., 59.

Morris & Morris v. Oceanic Steam Navigation Co., 116.
Notara v. Henderson, 63, 64.

Olsen v. Dobell & Co., 68.

Packwood v. Union Steamship Co., 137.

Parsons v. New Zealand Shipping Co., 129, 130.

Rathbone Bros. & Co. v. David McIver & Sons, 132 (note).

Rowson v. Atlantic Transport Co., 130, 131.

Sandars v. Maclean, 93.

Schmaltz v. Avery, 33.

Steamship Isis Co. v. Bahr, 60.

Steamship Rotherfield Co. v. Tweedie, 18, 19.

Steel, Young & Co. v. Grand Canary Coal Co., 67, 68.

Sydney Hall (The), 3, 4.

Thompson v. Davenport, 28.

Torbryan (The), 72.

Tully v. Howling, 48.

Waikato v. New Zealand Shipping Co., 133 (note).

Watson v. Borner & Co., 55-58.

West Hartlepool Steam Navigation Co. v. Tagart, Beaton

& Co., 68, 69.

Xantho (The), 131.

Cesser clause,

main rule to be derived from, 21.

Charterer,

no right to unship goods, 34.

whether plaintiff can maintain action against, for not loading,

Charter-Party,

45.

Lord Tenterden's definition of a, I, 2.

what agreement contains, 2.

"captain to sign bills of lading as presented," 2.

when charterers claim benefit of, 17.

must be stamped with 6d. impressed or adhesive stamp,

19, 20.

Charter-Party (continued).

executed abroad without being stamped, 20.

no alteration, however immaterial, must be made in, 20.
where, contains express and unequivocal stipulation, 27.
captain of ship no implied authority to cancel existing, 36.
matters affecting construction of, 37.

whether stipulation in, amounts to a condition, 40.
unperformed condition in, 41.

where no time mentioned in, law attaches a reasonable time,

45.

excepted peril clauses in, 51.

may be broken wholly or partially, 52.

construction of, 108.

the only contract between shipowner and charterer, 110. "Conclusive evidence against the owners of the quantity of cargo shipped on board as stated therein,” 104.

Consignee of goods,

whether right to deduct freight, 102.

"Consignee or indorsee for valuable consideration," 102.

general principle of law where person signs written, 31.
principal may secure benefit of, 32.

descriptive statements in, 34.

where statement of place of ship a substantive part of, 41. non-performance alleged in breach of, 44.

futile written, III.

Contractor,

mere words of description attached to name of, 26.

Covenant,

whether a condition precedent, 48.

"DAMAGE caused by improper navigation," 16. Damages,

no positive rule of law as to the amount of, 52. "Dead freight," 34, 107.

Delay,

undue, 53.

Demurrage,

what it properly signifies, 21-24.
two meanings, 22.

at port of delivery, 121.

Dock dues,

case on the subject of, 99, 100.

"FAULTS or errors in navigation or in the management of the said vessel," 109.

"Final sailing of the ship," 48.

"Final sailing of the vessel from port of loading," 48.

Form of Bill of Lading. (See App. II.)

Form of Charter-Party. (See App. I.)
Foreign law, III.

Forum,

law of the, III.

Fraud,

consequences of, 128.

Freight,

not payable until goods delivered at port of destination, 48. loss of, 49.

term, has always the same meaning, 55.

"Full and complete cargo,"

meaning of phrase, 65.

Goods,

right to stop in transitu, 64, 122.

transfer of, at common law and in equity, 96.

receipt given for, on board ship, 98.

where, have not been received, 105.

where, have been received, 106.

whether, were delivered to carrier, a question of fact, 113.

parting with bill of lading when, at sea, 124.

two symbols of property in imported, 125.

HARTER Act, 116-118, 130, 131.