Page images


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 time 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.


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.


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

[blocks in formation]

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.


Of ship, when necessary, 258.


As distinguished from special agent, 58.


Master has lien on cargo for, 520.

Consignee must give security in case of, 545.


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


Not included in working days, 507.


Classes of, subject to quarantine, 661.


Must be properly ventilated, 265.


Must be considered in construing charter-parties, 29.


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


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


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.



Part of, counts as a whole, 508.

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


Unavoidable, to loading of cargo, 508.


When, may be used on charter-party, 25.

Must be used in India on reference to arbitration, 553.


Liability of owner for, 326.


Exception of, in club Policies, 633.


Of bill of lading liable for whole chartered freight, 528.

What is an, 622.


When it will be granted for wrongful use of ship, 96.
To prevent purchaser interfering with sailing of ship, 99.
When mortgagee may be restrained by, 100.

Exception of, 569.


Of parties must be considered in construing charter-parties, 28.

Effect of, in the charter, 35.


Will be given to the contract which is least favorable to the party
upon whom an obligation is imposed, 30.

Of contract when terms are ambiguous, 30.

Of contract which can be construed in two ways, 30.

Must be given to every part of the charter, if possible, 41.


Definition of, 611.

To constitute, cargo must be thrown overboard to lighten ship, 611.
Who must contribute in case of, 612.

Of deck cargo, 613.

Deck load, cannot claim contribution except by custom, 613.

There must be common danger for voluntary sacrifice, 614.
Rendered necessary by storm a peril of the sea, 637.


Has to construe the charter-party, 26.


Against part owner, bars suit against remainder, 110.


May decide on technical expressions but not on the construction, 26.


Exception of, 574.


In shaft is breach of warranty of seaworthiness, 607.


How parties are bound by, 133, 154.


Shipper's right of election to ship, 196.


Count if charterer gives no order to sail to port of discharge, 229.
Do not begin till notice is given charterer of vessel's arrival, 268.
When they begin, 300.

When expressed for loading or discharging, 511.


Does not mean sailing on the voyage, 215.


When it amounts to a demise, 10.


Of owner in case of demise of ship, 6.

When created by ownership, 7.

Of owner of demised unseaworthy ship, 8.

Of owner for collision when he has possession of ship, 15.

Of owner for negligence of master, 21.

Of registered owner, 68.

Of owner for unauthorised acts of master, 74.

Of agent to third parties, 75.

Of foreign principal when agent signs charter, 86.

Of agent of undisclosed principal, 92.

Of charterer, shipper having had notice of charter, 134.

Of charterer's agent with notice of charter, 137.

Of master when he is charterer, 138.

Of consignee under lien clause, 230.

Of charterer attaches, after ship is placed at his disposition, 242.

Vests in owner for freight when he has possession of ship, 14.
Rule as to construction of lien and cesser clause, 33.

By owners for lump freight, 124.

Of master who is also charterer, 124.

Of owner for freight in general ship, 130.

« EelmineJätka »