CHARTERER-continued.

When destination of ship cannot be altered by, 358.
Refusal by, to load excuses owner, 360.

Failure of, to load in agreed time, 361.

Must have cargo ready at port of loading, 366.
To provide and pay for coals, 395.

Limitation of liability of, by cesser clause, 400.

Right of, to make deductions from freight, 449.

Must complete work in time named otherwise demurrage accrues, 502.

Not liable if ship not at loading port by day named, 503.

Cannot lump together days for loading and unloading, 514.

When shipper, has no right to goods till owner's lien satisfied, 527.
When entitled to a lien on the cargo, 537.

Not entitled to salvage unless expressly agreed, 542.

When owner of salving ship, 543.

Not liable when strike arises from custom of the port, 591.

Not bound to load cargo in place of that destroyed by fire, 598.

Not liable to pay freight on goods destroyed by fire, 598.

Not liable for delay in sailing occasioned by ice, 600.

When bad weather is no excuse for, not loading, 641.

Not excused from sending cargo alongside by reason of infectious
disorder, 660.

CHARTER-PARTY,

Nature and legal incidents of, 1.

Must be in writing, 2.

By whom made, 2.

Definition of, 3.

Construction of, varies with the forms used, 4.

Stamp on, 23.

When executed abroad, stamp on, 24.

Cancellation of stamp on, 25.

Construction of, 26, 200, 204.

Effect of alterations and additions in, 34.

Interlineation in, effect of, 35.

Mistake in, effect of, 37.

Effect of written words in printed form, 40.

Meaning must be given if possible, to each part of, 41.

When the written words in, prevail, 41.

Marginal notes in, effect of, 45.

Is generally conclusive of the contract, 48.

Evidence when inadmissible to show party signing, was only an
agent, 91.

When mortgagee of ship has notice of, 101.

CHARTER-PARTY-continued.

Effect of different charter for voyage, 115.

Where shipper has no notice of, 128.

Bill of lading subject to, may be refused by shipper, 129.
Shipper with notice of, 134.

Where charterer's agent has notice of, 137.

Meaning of representations in the, 199.

Representations in, must be construed by the Court, 200.

Duty of court to construe, 200, 204.

Breach of, for more than one voyage, 360.

Construction of, as regards advance freight, 445.

Where, made in ignorance of another, effect as regards freight, 496.
Exceptions in, how to be construed, 566.

CLASSIFICATION,
Of ship, 166.

CLEAN CHARTER,
Meaning of, 3.

CLEAN ORDER,

By charterer, meaning of, 232.

CLUB POLICIES,

Exception of "improper navigation" in, 633.

COALS,

Charterer to provide and pay for, 395.

COLLATERAL AGREEMENT,
By broker requires no stamp, 4.

COLLIERIES,

Regular turns for loading at, 279.

COLLIERY GUARANTEE,

In a charter, 413.

COLLISION,

Owner when liable for, 15.

Exception of, 621.

What is necessary to prove negligence in, 621.

When, will be deemed an accident, 622.

From negligence of the carrying ship is not a peril of the sea, 622.
Statutory limitation of owner's liability in case of, 624.

Foundering by, is a peril of the sea, 636.

By negligent navigation of carrying ship is not a peril of the sea, 638.

COMMISSION,

Evidence as to payment to broker of, 55.

Broker cannot claim, when acting as managing owner, 71.

88

COMMISSION-continued.

Right of broker to, 382.
Address, 392.

COMPUTATION OF TIME,

Begins with arrival of ship, 303.

CONDITION PRECEDENT,

When covenant is not a, 28.
As to towage of vessel, 169.

Representation when it amounts to a, 201, 210.
Condition to be ready to receive cargo is a, 201.
The words" now in the port of A" amount to a, 203.
That vessel is to arrive at A. by a certain date, 242.
That vessel is seaworthy is a, 261.

CONSIGNEE,

Cannot sue shipper having knowledge of bad stowage, 108, 137.
Liability of, under lien clause, 230.

Duty of, to make inquiry as to arrival of ship, 271.

Impliedly bound to take delivery in a reasonable time, 297-299.

When, must procure lighters, 338.

Must take delivery of cargo within stipulated lay-days, 511.

Must give security in case of general average, 545.

CONSTRUCTION OF CESSER CLAUSE,

No general principle of law involved in, 32.

CONSTRUCTION OF CHARTER-PARTY,
Varies with the forms used, 4.

No universal rule for, 26.

Principles affecting the, 26.

Is for the judge not for the jury, 26, 200—204.

Which gives effect to all provisions is preferred, 29.

Of printed and written words in, 41.

Of exceptions in, 566.

Of clause "restraint of princes," 570.

CONTRACT,

Not contemplated by parties will not be made by Court, 29.

Will be interpreted least favourably to the party on whom an obli.

gation is imposed, 30.

When terms of, are ambiguous, 30.

Which can be construed in two ways, 30.

Parties to, 57.

Of one partner binds the others, 94.

By one part-owner not binding without authority of the others, 94,

CONTRACT-continued.

Part-owners when liable for breach of, 110.

Effect of substituted, 111.

Voidable if representation therein fraudulent, 200.
Will be construed by Court not by jury, 200, 204.

Court must consider the language and the circumstances under which
contract is made, 204.

Intention of parties to be ascertained in construction of, 209.

When parties are prevented from performing, by superior power, 274.

66

To load in all May" meaning of, 274,

Implied to unload at usual place in dock, 312.

Implied to pay freight, 488.

To take delivery within lay-days is absolute, 513.

When performance of, is prevented by political disturbances, 569.
To trade with enemy illegal, 576.

To break law of a foreign country, when it may be enforced, 581.
CONTRACTS OF AFFREIGHTMENT,

Three classes of, 5.

Which come between first and second class, 11.

Second class of, 13.

Third class of, 18.

Are dissolved by declaration of war, 576.

CONTROL OF SHIP,

Owner when divested of, 6.

Effect of, as against shipper, 8.

CONVENIENT SPEED,

To sail with all, is an agreement only, 201, 219.

COPY,

Of charter-party when admissible in evidence, 24.

COTTON,

In bales, meaning of, 49, 50.

COURT,

Will not make contract not contemplated by the parties, 29.

Will construe representation in a charter, 200.

How to construe charter, 204.

COURTS OF LAW,

Proceedings of, do not fall within the term "restraint of princes," 573.
COVENANTS,

Construction of, in charter, 27.

When clauses in charter amount to, 243.

CREW,

Exception of "neglect of master, pilot or," 643.

When judicially settled, is recognised without proof, 48.

Oral evidence of, when admissible, 49.

As to measurement of timber, 51.

Not binding on party ignorant of, 51.

Local, not binding unless known to parties, 57.

Not binding if inconsistent with contract, 237.

Evidence of, as to lightening vessel before entering port, 250.
Of port in discharging, 287.

Where strike arises from, of the port, 591.

In relation to deck load, 613.

As to carriage of timber on deck, 613.

CUSTOMARY DISCHARGE,
Meaning of, 285.

CUSTOMARY LOADING,
Meaning of, 281, 284, 603.

CUSTOM HOUSE HOLIDAYS,

Are not included in working days, 506.

DAMAGE,

To wine by bad stowage, 131.

To oil-cake by bad stowage, 131.

To cement by unseaworthiness, 260.

By petroleum, 266.

By misconduct of charterer's stevedore, 341.

By steam escaping from boiler, 610.

To bales of cloth by steam, 610.

To rice cargo through bilge cock being left open, 610.

To goods by sea water entering through a port, 633, 648.

To cargo by tarry substance is bad management, 635.

By valves being left open, 637, 651, 652.

By water entering through broken water closet pipe, 649,
Caused by negligence of engineer, 650.

To cargo by disinfectant used for fumigation, 662.

DAMAGES,

Claim in respect of dead freight, 115.

Measure of, 139.

Principles for assessment of, 139, 143.

Value of goods lost cannot be deducted from freight, 141, 142.
For refusal to accept cargo, 143–146.