Chapter VII. (Part II.) the cases Parsons v.

New Zealand Shipping Co.; Rowson v. Atlantic

Transport Co.; Harrison v. Huddersfield

Steamship Co.; and Rathbone Bros. & Co. v.

David McIver & Sons, are discussed.

The Addenda contains the latest reported
cases on the subject of bills of lading, namely,
that of Packwood v. Union Castle Steamship
Co. and the Arne.

I trust the book may continue to be of use

to business men, for whom it was originally



CHAPTER II.-Question whether Possession of Ship has been given up

to and taken by Charterers-Section 191 of Merchant Shipping Act,

1854, as amended by Section 167 of the Merchant Shipping Act, 1894

-Whether Owners of Ship Chartered to Commissioners of Royal

Navy as an Armed Vessel and Injury be done can maintain an

Action-General Proposition of Law when a Person does not him.

self enter into Contract—Two Persons may not improperly be spoken

of as the Owner of a Ship-Contract of Affreightment-Primary

Duty of the Captain of a Vessel-Injury Happening to Ship Moored

at Quay


CHAPTER III.-When on Arrival of Ship Charterers claim Benefit of

Charter-Party-Courts very disinclined to grant Injunctions except

to do a positive Act—The Case of Rotherfield Co. v. Tweedie-All

Charter-Parties to be Stamped - The Main Rule derived as to Inter-

pretation of Cesser Clause in Charter-Party—The word “ Demur-

rage”: what it properly signifies— Judgment of Bowen, L.J., in

Clink v. Radford on the term Demurrage" - Judgment of Fry,

L.J., in same case as to Rule of Construction of Cesser Clause in


17 24


CHAPTER IV. - Expression 'per procuration" in Charter - Party

means-Ship fast on Mud-bank-Mere words of description at-

tached to Name of Contractor-Charter-Party containing express

and unequivocal Stipulation-When a Person does not relieve him.

self from Liability on a Contract-Sale of Goods on the assumption

of dealing with a Principal-British Merchant buying for Foreigner

-Case of Deslandes v. GregoryThe universal Rule where Person

puts his Name to Bill of Exchange-Clause in Charter-Party, “ It is

this day mutually agreed between Messrs. -, of —, for Owners

of the good Ship R "-Persons selling as Agents for an Owner-

Evidence inadmissible to contradict Writing—The general principle

of Law where a Person signs a written Contract-Case of Cook v.

Wilson-Principal may secure benefit of Agent's Contract-Case of

Calder v. DobellPlaintiff must disprove statement that Defendant

was merely Agent


CHAPTER V.-Charterers who have Shipped Goods cannot Unship

them-The term “ dead-freight-Shipowners bound by Maritime

Law in case of Goods Shipped to duly carry them-Captain of Vessel

no authority to bind Owners by Letters asking them to make Charter-

Parties for them before Arrival-Question whether Ship's Husband

has power to bind Owners by cancelling Charter-Party—The words

now in the Port of Amsterdam"-Examination of the term

presentation "--Cases of Bannerman v. White, Freeman v. Taylor,

Dimech v. Corlett, Beyn v. Burgess, where question was exhaustively


CHAPTER VI.-Clause in Charter-Party, “Charterer has option of

Shipping 100-200 tons of General Cargo”—Clause in Charter-Party,

“Ready to receive Cargo in all May"—What the Authorities show

in reference to Restraint of Princes-Question whether Plaintiff can

maintain Action against Charterers for not Loading-Case of Geipel

v. Smith-Where there is no express Agreement as to Time in

Charter-Party-In Charter for stipulated Time, Time the Essence

of the Contract-Whether particular Covenant constitutes a Con-

dition Precedent--Question whether Plaintiff has undertaken to keep

Vessel "Tight," etc.-Question whether Defendant has any Right to

Deduct any Time in making good Defects-Loss of Freight by

exercise of Power of Mulct or Abatement reserved in Charter-Party

-Stipulations “In a Reasonable Time,” “With all Convenient

Speed,” in Charter-Party—The words “Now Sailed, or about to

Sail”-If a Ship's Tonnage amounts to a guarantee-Excepted Peril

Clauses in a Charter-Party


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