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 Intention of parties to be ascertained in construction of, 209. When parties are prevented from performing, by superior power, 274. 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 break law of a foreign country, when it may be enforced, 584. 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. Where strike arises from, of the port, 591. In relation to deck load, 613. As to carriage of timber on deck, 613. CUSTOMARY DISCHARGE, CUSTOMARY LOADING, 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, 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. DAMAGES-continued. How calculated when cargo not obtainable, 143. Not recoverable if breach not complete, 145. For owners default in not being ready to take the cargo, 146. For abandonment of voyage, 148. When recoverable for breach of warranty, 202. Charterer not liable for, to owner guilty of breach of warranty, 208. For not loading in a reasonable time not a subject of lien, 284. For not unloading with usual despatch, 293. For detaining ship owing to cargo not being ready, 367. Owner should endeavour to mitigate, 367. For not loading in agreed time, 423. Recovery of, by cargo owner in cases of collision, 623. In cases of collision, how ascertained, 624. When part of a day counts as a whole, 508. For calculating, loading and unloading must be kept separate, 514. DEAD FREIGHT, Claim for damages in respect of, 115. Meaning of, 434, 537. No lien at law for, 435. Lien in respect of, 537. DEAD WEIGHT CAPACITY, Rules as to, 190. DECK, Goods stowed on, contrary to orders is not barratry, 595. DECK LOAD, Loss of, affecting payment of lump freight, 141. Jettison of, 613. Cannot claim contribution in case of jettison except by custom, 613. DECLARATION OF WAR, Dissolves contracts previously made, 576. DEFECT, In shaft is breach of warranty of seaworthiness, 607. DEFINITION, Of charter-party, 3. Locatio navis, 5. Demise of ship, 18. Dangers of the sea, 625. DELAY, Voyage must be commenced without, 216. In commencing voyage under time charter, 218. Occasioned by master refusing to load acids, 275. In unloading occasioned by strikes, 590. DELEGATION, When implied, 64. DELIVERY, Implied contract that consignee of cargo is to take, in a reasonable Must be taken within stipulated lay-days, 513. DEMISE OF SHIP, With furniture and apparel, 5. In fit state for mercantile adventure, 5, 13. Divests owner of possession and control, 6. Exonerates owner from liability for damage by unseaworthiness, 8. DEMISE OF SHIP-continued. Use of the word not necessary to create, 9. How ascertained, 18. Is an ambiguous word, 21. DEMURRAGE, Claims for, may be settled by master abroad, 73. Charterer not relieved by cesser clause from paying, 120. Cesser clause applies to, 402. For delay in shipping stiffening coal, 409. Ship delayed by not loading in customary manner, 419. Expressly attached to unloading, 427. Meaning of, how ascertained, 430, 500. Accrues if charterer fails to complete work in time named, 501. Days and running days, 504. Weather interfering to save, 508. Part of a day or hours counts as a whole day, 508. No lien for, except under express agreement, 531. Not payable when delay is occasioned by strikes, 590. Ship to be loaded with usual, 290. Unloading with the usual, 293. DESPATCH MONEY, When it becomes payable, 514. When pleaded as a set off to freight, 518. DESTINATION, When charterer cannot alter ship's, 358. DEVIATION, Causing delay or expense, evidence of, inadmissible, 142. For fraudulent purpose is barratry, 594. DIRECT, Meaning of, in the charter, 572. DIRECTOR, Of company cannot assume duties of ship's husband, 70. Lien for, under Merchant Shipping Act, 1889, 531. Of cargo to enable ship to reach port of, 234. |