MASTER-continued.

Has no prospective lien on freight, 522.

May notify dock company to detain goods for freight, 522.

Lien of, on goods for expenses incurred, 531.

Not bound to pass cargo unless payment of general average is

secured, 544.

Should not sail for blockaded port without authority, 581.

When apprehensive of capture may delay voyage, 582.

Must try to avoid excepted perils, 589.

May not go into enemy's country to trade, 593.

Acts done by, with owner's assent, will not be barratry, 595.
Neglect of, exception of, 643.

Must attend to stowage of goods, 644.

MEASURE OF DAMAGES,

How ascertained, 139.

MEASUREMENT,

Of timber, custom as to, 51.

MERCHANT'S RISK AND EXPENSE,
Cargo to be brought alongside at, 333.
Cargo to be taken from alongside at, 338.
Meaning of, in respect to jettison, 616.

MISTAKE,

In charter-party, effect of, 37.

When freight is not payable, owing to, 39.
In telegraphic instructions, 39.

MONTHS,

Meaning of, 49, 468.

MORTGAGEE,

Rights of, 99, 102.

Not in possession cannot maintain action of restraint, 99.

Will be restrained from interfering with contract by mortgagor, 100.

Arrest of ship by, 101.

When he has notice of charter, 101.

Without possession has not rights of owner, 102.

MORTGAGOR,

Rights of, 99.

In possession retains rights of ownership, 100.

NAME,

Warranty as to name of vessel, 151.

Of dock or wharf must be given by charterer, 313.

NATIONALITY,

Warranty as to, of vessel, 153.

How it affects construction of charter, 204.

NATURE OF CHARTER-PARTY,

And its legal incidents, 1.

NAVIGATION,

Exception of dangers of, 628.

Dangers of, are not identical with dangers of the sea, 628.
Loss occasioned by bad, is not a peril of the sea, 629.
Exception of improper, in club policies, 633.

Exception of "stoppage in," 639.

Accident of, meaning of, 655.

NEAPS,

When master not justified in removing vessel by fear of, 320.
Exception of, 639.

NEGLIGENCE,

Onus of proving, on whom, 567.

In filling boilers without keeping up ship's fires, 610.

In navigation does not deprive shipper of his right to contribution
in case of jettison, 617.

What is, in collision, 621.

Exception of, throws onus on cargo owner to prove, 646.

Clause does not exempt owner from bad stowage, 647.

Clause does not excuse owner from providing a fit ship, 647.

NEGLIGENT STOWAGE,

Owner when liable for, 644.

NEUTRAL SHIP,

How to proceed in case of blockade, 580.

NEUTRAL STATE,

Not bound to restrict its trade by municipal taxation, 584.

NON-ARRIVAL,

Meaning of, 368.

NOTICE,

When not given of charter to shipper, 15, 108.

When mortgagee has, of charter, 101.

Of charter-party should be given to the shipper, 128.

Shipper with, of charter party, 134.

Of charter by charterer's agent, 137.

Must be given by charterer of a safe and convenient port, 225.

Of arrival of ship at loading port necessary, 268.

Master may give, to dock company to detain goods for freight, 522.

"NOW AT SEA,"

Statement that the ship is, amounts to a warranty, 208.

ONUS,

Of proving loss is within excepted clause, on whom, 567.
On shipper where negligence clause is inserted, 646.

ORAL EVIDENCE,

Of custom when admissible, 49.

ORDERS,

Charterer when bound to give, as to port, 224.
Where charterer fails to give, 226.

OR OTHER LAWFUL MERCHANDISE,
Shipper may make election, 196.

OR SO NEAR THERETO,

As she may safely get, 232.

OVERLOADING AND IMPROPER DUNNAGE,
Liability of owner for, 326.

OWNER,

Liability of, in case of demise of ship, 6.

Divested of possession and control by demise of ship, 6, 10.

Paying wages of master appointed by charterers, effect of, 13.

Possession of ship in, gives lien on goods for freight, 14.

Liable for acts of master and crew when he has possession, 15, 21.

Duties and powers of, when ship's husband, 68.

Not bound by master acting without authority, 74, 130.

Where several, hold ship as tenants in common, 94.

May be restrained from using ship contrary to the charter, 96.

Rights of, in ship pass to mortgagee in possession, 102.

Cannot sue on a charter made by a broker to which he is no party, 107.

When he may be sued by shipper, 108.

Lien of, for lump freight, 124.

Lien of, for freight in general ship, 130.

Damages for default of, not taking the cargo offered, 146.

Not liable if vessel fully loaded, 186.

OWNER-continued.

May load more than the contract requires, 186.

Guilty of breach of warranty cannot get damages from charterer, 208.
Contracts that the vessel is seaworthy, 259.

Does not warrant that ship is free from suspicion of unseaworthiness, 264.
Not bound to give notice of ship's readiness to discharge, 271.
Liable for going to dock or wharf not named by charterer, 314.

Must supply proper dunnage, 323.

Liability of, for improper dunnage and overloading, 326.

Duty of, to provide ballast, 330.

When, may ship heavy cargo in place of ballast, 331.

Liability of, for cargo between bank and ship, 332.

Prima facie liable for improper stowage, 340.
When liable for expenses of re-adjusting cargo, 352.
Discharged by charterer's refusal to load, 360.
Should endeavour to mitigate damages, 367.

If master charterer's servant, not liable for his wages, 398.
Has lien on goods so long as he has possession of the ship, 498
May hold the cargo for arrears of chartered freight, 527.
Lien of, may be divested by charter-party, 532.
Of salving ship when charterer of salved ship, 543.
Bound by average adjustment at port of destination, 545.
When exempted from loss occasioned by Act of God, 569.
When not liable for loss of goods destroyed by fire, 597.
Must bear his share of loss on goods jettisoned, 613.
Of carrying ship when liable for loss by collision, 622.
Statutory limitation of owner in cases of collision, 624.
When liable for negligent stowage, 644.

OWNERSHIP,

When, of vessel may create liabilities, 7.
Rights of, by mortgagor in possession, 100.

PARTIES,

Who may enter into charter-parties, 2.
To contract of affreightment, 57.

To suit, who may be, 107.

PARTNERS,

Contracts by one binding on all, 94.

When liable for breach of contract, 110.

PARTNERSHIP,

Ship may be held in, 94.

PART OWNERS,

Position of, 94.

When cannot bind others without authority, 94.

PART OWNERS-continued.

When, may settle claim for damages, 95.
Right of, to restrain use of ship, 95.

May demand security for use of ship, 95.
Not dissenting from use of ship are liable, 97,
Judgment against one bars suit against rest, 110.
May sue on behalf of the rest, 110.

May permit barratry against others, 595.

PEOPLE,

Meaning of, 573.

PERILS OF THE SEA,

Fire is not within the exception, 597, 638.

Collision from negligence of the carrying ship is not a, 622.

Exception of, 625.

Definition of, 625.

Loss occasioned by bad navigation is not a, 629.

Loss by collision when by, 630.

Distinction between, and act of God, 636.

Loss by pirates, 636.

Foundering by collision is, 636.

Loss by rocks, sands and rapids is, 636.

By sweating when not occasioned by bad stowage, 636.
Animals dying from motion of vessel in a storm, 636.
By ship being stranded, 636.

Jettison rendered necessary by storms, 637.

Collision by negligent navigation of carrying ship not, 638.

Rats eating holes in a ship's bottom not, 638.

Loss by worms eating ship's bottom not, 639.
Lightning is not a, 639.

Heat is not a, 639.

Loss by meat becoming putrid, not a, 639.

PER PROCURATION,

Agent signing by, 61.

Meaning of, 62.

PETROLEUM,

Damage by, 266.

PILOT,

Exception of neglect of, 643.

Must not be interfered with except in cases of necessity, 645.
Bound to use due diligence, 645.

PILOTAGES,

No lien for, except under express agreement, 531.