AGENT-continued. When master may be considered, for owner or charterer, 359. How affected by cesser clause, 400. ALONGSIDE, Meaning of, 334. ALTERATIONS AND ADDITIONS IN THE CHARTER, Effect of, 34. ALWAYS AFLOAT, AMBIT OF PORT, APPURTENANCES, ARBITRATION, How matters may be referred to, 547. No special form of submission necessary, 548. When it acts as a bar to suit, 549. Clause in charter-party to refer to, does not apply to cases arising Stamp on reference to, 552. Notice of counsel being engaged should be given, 555. ARBITRATOR, Appointment of, 548. Powers and duties of, 553. Powers cease on making award, 554. ARREST, Of ship by mortgagee, 101. ARRIVAL OF VESSEL, Evidence of custom as to, 51. Time for, is essential to charterer's interests, 206. Notice of, at port of loading necessary, 268. In respect to lay-days, 303. Mere, in port does not end voyage, 432. ASSAILING THIEVES, Meaning of, 587. AUTHORITY, AVERAGE, Adjustment of, 543. Includes every species of fraud in relation of master to owner, 593. Can only be committed against the owner of the ship, 593. BERTH, Owner bound to take vessel to named, 312. Being occupied, ship has to wait for a, 510. BILGE COCK, Damage caused by, being left open, 610. BILL OF HEALTH, Meaning of, 658. BILL OF LADING, To be signed in customary form, 117. When it is only to be treated as a receipt, 119. If not according to charter master may refuse to sign, 128. Master to sign, as presented, 354. For charterer's goods operates as a receipt, 358. Master cannot sign, for less freight than owner contracts for, 466. BLOCKADE, Meaning of, 580. Attempt to enter port in a state of, is illegal, 580. If owners aware of, no excuse for not proceeding to the port, 582. Contract for running, is not illegal, 583. Must be enforced against all nations alike, 583. Intentional breach of, is barratry, 595. BOILERS, Exception of, 610. BOTTOMRY BOND, Cannot affect contract for after advances as freight, 461. BREACH, Of charter for more than one voyage, 360. Time mentioned must expire before breach is complete, 362. BREAKAGE OF SHAFTS, Exception of, 607. BRITISH CUSTOM, Means custom of British average adjusters, 544. BROKEN STOWAGE, Rules as to, 320. BROKER, Not bound by mistake in telegraphic instructions, 40. Cannot charter ship contrary to instructions, 59. Cannot ordinarily delegate his authority, 66. Acting as managing owner not entitled to commission, 71. Effect of charter made by, to which owner is not a party, 107. CALCULATION OF FREIGHT, CANCELLATION, Of stamp on charter, 25. Of charter, when vessel does not arrive at named date, 242. CANCELLING CLAUSE, Makes contract voidable at charterer's option, 546. CAPACITY OF SHIP, Conditions as to, 169. CAPTURE, Apprehension of, when it justifies delay, 582. CARGO, Full and complete, meaning of, 52, 175. Value of lost, cannot be deducted from freight, 141, 142. Agreement to load full, freight payable on ship's tonnage, 142. Damages for refusal to accept, 143. When charterer bound to load, 175. When charterer may ship one of several kinds of, 177. Charterer may refuse to load if owner guilty of breach of warranty, 209. CARGO-continued. Discharge of, to enable ship to reach port of discharge, 234. Ventilation of grain, 265. Conveyance of, to port of loading no part of loading, 281, 602. To be taken from the shore at ship's risk and expense, 332 To be brought alongside at merchant's risk and expense, 333. Expenses incurred in re-adjusting, 352. Must be ready at port of loading, 366, 605. The term applies only to goods, 432. Evidence to prove that cargo is a full and complete one, 466. When loading of, is not prevented by frost, 508. When cargo has to be brought from a distance to loading port, 508. Unavoidable impediment to loading of, 508. Discharge of, obstructed by quay being blocked, 509. When warehoused, lien not necessarily lost, 524. Owner may hold, for arrears of chartered freight, 527. Cannot be taken away after war is declared, 576. To constitute jettison, must be thrown overboard to lighten the Is not jettisoned if capriciously thrown overboard, 611. When owner of, cannot claim for loss by jettison, 615. When owner of, can recover for loss by collision, 623. Owner of, can sue either colliding ship, 623. Owner of, can only recover moiety of his loss from either ship, 623 CATTLE, Vessel must be fit for reception of, 257. CESSER CLAUSE, Construction of, 31, 400, 416, 425. No general principle of law involved, 32. Rule as to, 33, 416, 425. Charterer not relieved from paying demurrage by, 120. Applies when owner has lien on the cargo, 230. Of liability, 398. Agent's liability under, 400. Terms of each, must be examined, 404. Restriction of, to certain liabilities, 414. CHAIN, Breaking of, is not within exceptions, 607 CHARTERER, When not liable for acts of master and crew, 15. When, may be sued for non-delivery of goods, 18. When, may restrain owner from interfering with the voyage, 96. Not relieved by cesser clause from paying demurrage, 120. Lien of, who is also master, 124. Liable if shipper has notice of charter, 134. Agent of, having notice of charter, 137. When he is also the master, 138. If charterer fails to load ship, master must try to get a freight, 144. Not entitled to reduction of freight if he consents to an intermediate May refuse to load vessel other than that named, 151. Not bound to load vessel of an inferior class, 166. Obligation to load full and complete cargo, 175. When, must supply ballast, 177. Not bound to supply cargo in lieu of goods destroyed by fire, 181. When obligation to load is discharged, 187. Option of tendering one of several kinds of goods, 196. Owner guilty of breach of warranty cannot recover damages from, 208. Must name a safe port, 225. Failing to name a port, 227. Liability attaches to, after ship is placed at his disposal, 242. Cannot require unloading to be partly in and partly outside the port, 250. Not liable if ship not being ready misses her turn, 279. When shipper, implied contract as to unloading, 297. Liable for refusing to name wharf or dock, 313. When bound to supply broken stowage, 320. Not bound to supply ballast, 330. Liable for detention of ship for not providing ballast as agreed, 331. When liable for lighterage, 336. When not liable for restowage of cargo, 353. |