An Epitome of the Law Affecting Charter-parties and Bills of Lading - Lawrence Duckworth - Google Bøker

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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

LAWRENCE DUCKWORTH.

THE LAW RELATING TO CHARTER-PARTIES.

CHAPTER I.-Lord Tenterden's definition of a Charter-Party-What

is included in a Charter-Party Agreement-How Bill of Lading

differs from Charter-Party-The words "the Captain to sign Bills

of Lading as presented" in Charter-Party-Section 169 of the

Merchant Shipping Act, 1854, as amended by Section 143 of the

Merchant Shipping Act, 1894-Person managing Ship on behalf of

himself and another Person-Proceedings in rem where Vessel clearly

guilty of damage-Liability of Ship and responsibility of Owners'

Convertible Terms-Unless Charter-Party has interfered with general

control of Ship, Owners clearly liable-Case of Christie v. Lewis

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

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

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. Gregory-The 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. Dobell-Plaintiff 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
discussed.

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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CHAPTER VII.-Charter-Party may be Broken wholly or partially-

Cases where there has been undue Delay-Under ordinary Charter

of a Ship, Shipowner bound to provide necessary Ballast for safe

Navigation-Question whether Charter-Party constitutes the Demise

of the Ship-Term "Freight" whether used in case of advanced

Freight or otherwise always has same Meaning-Cases of Watson v.

Borner & Co., Macbeth v. Wild & Co., Lyle Shipping Co. v. Cardiff

Corporation-When Charterer has fulfilled his Contract-When it

has been agreed that "Demurrage" shall commence-Cases of

Dobell v. Green, Brenda Steamship Co. v. Green-Whether there

has been a Breach of Duty, a Question of Fact-Right of Stop-

page in transitu-Sub-section 5 of Section 45 of Sale of Goods

THE LAW RELATING TO BILLS OF Lading.

CHAPTER I.-Lord Blackburn's definition of a Bill of Lading-Other

Definitions-Bills of Lading Act, 1855-Case of Brown v. Powell

Coal Co.-Person claiming as Assignee under Bill of Lading-Case

of Glynn, Mills & Co. v. East and West India Dock Co.-Captain

of Ship not in position of Purchaser from Holder of Bill of Lading-

Person producing Bill of Lading-Person entering into Contract

without Notice of any Assignment of Bill of Lading-Goods placed

in Custody of a Dock Company

CHAPTER II.-Stipulation "The one of which Bills being accom-

plished, the others to stand void "-Several Bills of Lading of

different Imports-Bill of Lading generally Signed by Master of

Ship-Incumbent on Shipmaster to perform Duty of seeing to

Accuracy of Dates, etc., on which Goods were Shipped-Settled and

Salutary Principle of Mercantile Law in Reference to the mere

Employment of a Broker-Employment of Person to act as Agent

in finding a Ship's Cargo carries implied Powers-Lord Tenterden

and Duty of Ship's Captain to Employer-Duties of Master of

Vessel-Meaning of words, Received subject to the Conditions

contained in Bill of Lading to be issued for the same"-Significa-

tion of words in Shipping Note, "No Goods to be received on

Board unless a Clean Receipt can be given"-What must be proved

in order to constitute a Conversion-A "Through" Bill of Lading

-Case of Sanders v. Maclean .

b

PAGES

CHAPTER III.-Transfer of Goods at Common Law and in Equity-

Sections 47 and 48 of the Sale of Goods Act, 1893-Receipt for

Goods put on board Ship-Question whether Master of Ship signing

Bill of Lading for Goods which have never been shipped binds Ship-

owner-Case re Freight and Dock Dues-Injury done prior to Bills

of Lading Act, 1855-Signification of words, "Signing the same" in

Bills of Lading Act, 1855-Question whether Consignee of Goods

under Bill of Lading has right to deduct any Freight

CHAPTER IV.-Contract to give "Clean" Bill of Lading-Question

whether under Bills of Lading Act, 1855, every Holder is liable by

reason of Indorsement only-Clause in Charter-Party, "Conclusive

Evidence against the Owners of the Quantity of Cargo Shipped on

Board as stated therein "-Bill of Lading acknowledging Receipt

of certain specific things-Bill of Lading must be taken to be

the Contract under which the Goods were Shipped-Matters in

Reference to Construction of Bills of Lading-Master of Vessel

Agent of Shipowner-" Dead Freight"-In construing Charter-

Party Parties assumed to have understood Terms employed

CHAPTER V.The words in a Charter-Party Faults or Errors in

Navigation or in the Management of the said Vessel "-The Charter-

Party the only Contract between Shipowner and Charterer-The

well-known Principle of Law in reference to a futile Written Con-

tract-Persons relying upon Difference between Foreign Law and

the Law of the Forum-Delivery by Consignor to Carrier, Delivery

to Consignee-Question whether the Goods were Delivered to the

Carrier a Question of Fact-When Bill of Lading is Indorsed to give

any Title to Transferee-Remedy of Shipowner at Common Law

under Bill of Lading-Where Captain of Vessel improperly issues

Bills of Lading-Effect of words "And other Conditions as per

Charter-Party"-Case of Morris & Morris v. Oceanic Steam Navi-

gation Co.-Consignee of Goods entitled to look to Bill of Lading

alone for Conditions as to the Carriage of the Goods

CHAPTER VI.-The words "Paying Freight for the said Goods and

all other Conditions as per Charter-Party," what they do not In-

corporate-Meaning of the expression "Against Payment of the

agreed Freight, and other Conditions as per Charter-Party"-The

immediate Context in any Bill of Lading important-The words

"On Paying Freight for the said Goods, and all other Conditions as

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