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DISCHARGE-continued.

Meaning of customary, 285.

Charterer must find means to discharge ship, 286.
In safety always afloat, 316.

Of cargo prevented by quay being blocked, 509.
DISCHARGE PIPE,

Loss by water entering through, 637.

DISINFECTION,

Of ship when necessary, 258.

DOCK,

Crowded state of, no excuse for not unloading, 294, 300.

When ship is to proceed to a particular place in, 310.

Crowded state of, will not excuse charterer from getting along-
side, 311.

Charterer must name, 313.

Owner liable for going to, not named by charterer, 314.

DONKEY PUMP,

Injury to, is not a peril of the sea, 609.

DUNNAGE,

Rules as to, 323.

Liability of owner for improper, 326.

ENGINEER,

Damage occasioned by negligence of, 650, 652.

EXCEPTED PERILS,

Advance freight recoverable if goods not lost by, 451.

Duty of owner to try and avoid, 589.

Do not apply to ship sailing in an unseaworthy condition, 608.

EXCEPTIONS,

When they begin to operate, 553.

How to be construed, 566.

Onus of proving loss by, on whom, 567.

Limit the liability but not the duty of the owner, 589, 646.

EXPENSES,

Incurred in re-adjusting cargo, 352.

EVIDENCE,

Unstamped copy of charter-party when admissible in, 24.

Of usage and custom, 48, 184.

Oral, when admissible, 49.

As to custom of arrival of vessel, 51.

Admissible to explain the term "loading," 52.

As to loading in regular turn, 54.

EVIDENCE-continued.

Of payment of commission to broker, 55.

When inadmissible to show party signing charter was only agent, 91.
Cannot be given of deviation causing delay and expenses, 142.

Inadmissible of injury to goods by negligence in not ventilating
goods, 142.

To explain meaning of regular turn, 276.

To show trade carried on at certain seasons only inadmissible, 643.

FINAL SAILING,

Meaning of, 368.

FIRE,

Charterer not bound to supply goods in place of those destroyed by, 181.
Exception of, 596.

Statutory limitation for loss by, 596.

Is not a peril of the sea, 597, 638.

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FOREIGN SHIP,

Not affected by statutory limitation in case of collision, 624.

FORM OF CHARTER-PARTY,

Affects the construction, 4.

Effect of alterations and additions in, 34.

Effect of written words in printed, 40.

FORTHWITH,

Meaning of, 275.

FOUNDERING,

By collision is a peril of the sea, 636.

FRACTION,

Of a day counts as a whole day, 508, 514.

FRAUD,

Misdescription of capacity of ship may be, 169.

Representation made by, renders contract voidable, 200.
Is a necessary ingredient in barratry, 593.

FREIGHT,

Owner has lien for, when he has possession of ship, 14.

Not payable where mutual mistake made in the charter, 39.
When payable to ship's husband, 67.

Right of purchaser of ship to, 97.

Lien of master who is also charterer for, 128.

Lien of owner for, in general ship, 130.

Payable to charterer and not to owner, 134.

Lump, when owner entitled to without deduction, 140.
Shipper cannot deduct value of goods lost from, 141.

Only payable on goods shipped, 141.

If agreement to load full cargo, payable on full tonnage of ship, 142
Not so if there is fraudulent representation, 142.

Cannot be deducted in tinte charter for time ship is under repairs, 142.
Value of missing goods cannot be deducted from freight due for
goods delivered, 142.

Full, measure of damages for refusal to accept cargo, 143, 146.

If damages paid for not loading ship, right of charterer to be al-
lowed, subsequently earned, 144.

Charterer not entitled to reduction of, if he consents to intermediate
Voyage, 146.

Advances in nature of, 147, 450.

Is payable if charterer overlooks breach of warranty, 210.

Commission not dependent on, to be earned, 384.

No lien on, where none on ship, 398.

Meaning of, 432.

Applies only to goods, 432.

When right to, accrues, 433.

Title to, on conditional performance, 433.

Meaning of, in insurance law, 434.

Dead, meaning of, 434.

No lien at law for dead, 435.

Lump, meaning of, 436.

When advance, cannot be recovered back, 439, 449.

Advances made for, may be loans only, 440.

Advance, recoverable if goods not lost by excepted perils, 451.

Master cannot sign B./L. for less, than owner has agreed for, 466.

Calculation of, 466.

Payment of, per ton, cask or bale, 467.

Payable per week or month, 467, 493.

How calculated when different kinds of goods are shipped, 468.

For goods stowed in the cabin, 471.

For goods in bulk, or by admeasurement, 474.

Payable on the intake quantity, 474.

FREIGHT-continued.

By and to whom payable, 475.

Is payable to the owner of the ship when it is earned, 475, 476.
Master may declare for, 475.

When payable to charterer of a general ship, 477.

When it becomes payable, 478.

The stipulated voyage must be performed before, can be claimed, 478.
Pro rata itineris, 478, 480, 489.

Payable though goods carried to destination by another vessel, 483, 490.
When, is earned, 485.

Payment of, and delivery of goods are concomitant acts, 488.

Tender of, must be made before consignee is entitled to goods, 488.
Implied contract to pay, 488, 496.

Condition named must be performed before, can be claimed, 488, 494.
For two voyages, 491.

Is payable irrespective of goods being damaged, 491.

Not lost by unreasonable delay, 493.

"Subject to insurance," 493.

On animals or men, 494.

Not payable if goods not conveyed to destination, 494.

Not payable if goods forced on owner at an intermediate port, 495.
Payment for fixed period, 496.

Not payable if vessel abandoned, 497.

Not payable when goods are landed damaged at an intermediate port, 497.
Effect of, being made payable in a particular manner, 497.

Despatch money when pleaded as a set off to, 518.

Lien for, payable during voyage is covered by the lien clause, 519.

When payment of, is not contemporaneous with delivery of the
cargo, no right of lien, 521.

When no time is expressed for payment of, 521.

Master has no prospective lien on, 522.

When dock company may detain goods for, 522.

When balance of purchase money of ship is treated as, 526.

When no more than bill of lading, can be claimed, 529.

Not payable for goods destroyed by fire, 598.

Loss to coals by collision, may be deducted from, 627.

FROST,

Charterer liable for delay in loading occasioned by, 502.
Where it does not prevent the loading of the cargo, 508.
Exception of, 600.

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FULL AND COMPLETE CARGO,
Meaning of, 52, 175.

Charterer when bound to load, 175.

May be one of specified kind of goods, 177.
Evidence to show what is a, at loading port, 466.

FUMIGATION,

Of ship, when necessary, 258.

GENERAL AGENT,

As distinguished from special agent, 58.

GENERAL AVERAGE,

Master has lien on cargo for, 520.

Consignee must give security in case of, 545.

GENERAL SHIP,

Goods shipped on board of, without notice of charter, 130.
Contract is between owners and shippers, 131.

GOOD FRIDAY,

Not included in working days, 507.

GOODS,

Classes of, subject to quarantine, 661.

GRAIN CARGO,

Must be properly ventilated, 265.

GRAMMATICAL MEANING,

Must be considered in construing charter-parties, 29.
GUARANTEE,

As to dead weight capacity applies to salt as well as fresh water, 190.

HEAT,

Is not included within the exception "dangers of the sca,” 599, 639.

HOLIDAYS,

Meaning of, 505.

Custom house, excluded from working days, 507.
Exception of, 624.

When local holidays will count as a working day, 624.
Exemption of, is for protection of charterer, 625.

HOUR,

ICE.

Part of, counts as a whole, 508.

When loading of cargo is not prevented by, 508.
Exception of, 600.

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