an anchor and chain occurring at sea on account of a tempest would not come within the exception, and the charterer must replace them. (36)

Where a vessel was chartered at Kingston to sail with all convenient speed to Detroit and take a cargo of grain back, and she took 27 days on the voyage to Detroit, but without any fault on the part of the captain or crew, it was held that the charterer could not refuse to load her. (37)

But where a vessel at Kingston was engaged on the 24th of October to carry a cargo of grain to Kingston from Detroit, and she left Kingston on the 27th of October, but did not reach Detroit until November 15th, owing to stress of weather, it was held that as it was improbable she could ship her cargo and get back to Kingston that season, the charterer was not obliged to load her, the ship not having arrived within a reasonable time. (38)

Where a vessel was chartered to go to Kincardine and load a cargo of salt for the charterers, provided they would furnish a full cargo at a stated price and would guarantee 11 feet of water in the harbor, it was held that as there was not 11 feet of water in the harbor, nor such depth as would allow the vessel to take a full load, she was justified in refusing to load the salt. (39)

A vessel is liable for not discharging the cargo at the proper wharf, unless so instructed by the merchant. (40)

Where goods are delayed through the fault of a vessel owner, he is liable for damages for not forwarding the goods in the time mentioned by the contract, the damages being the difference between the price the goods brought and the price they would have sold for if delivered according to the contract. (41)

A person chartering a vessel to go to a certain place for a load, must not make any statements as to the safety of the shelter, depth of water, or facilities of loading, which he knows to be false, and he must also take care not to make any statements regarding same, calculated to mislead the vessel owner, which he does not know to be actually true. (42)

Fifty barrels of oysters were shipped at Oswego for Toronto by the "Junius," but the vessel having been obliged by stress of weather to run to Kingston, the goods were transhipped at Kingston for Toronto by the steamer "Oshawa." When they arrived in Toronto they were in an injured condition. It was held that the owner of the Junius was the carrier throughout from Oswego to Toronto. (43)

In every contract of freighting, where there is no agreement to the contrary, the ship-owner impliedly warrants that his ship is seaworthy for the voyage. (44)

A ship-owner is not bound to pay for shortage, although the full amount was signed for by the master in the bill of lading, if the deficiency was never put on board; but if he pays he cannot recover it back from the charterers. (45)

Where it was proved that all the cargo put on board was delivered to the consignee but it was not shown that all the cargo delivered to the vessel's agent on the dock at loading port was put on board, although they received the full amount claimed, the vessel was held liable for shortage. (46)

A vessel carrying 100 tens of pig iron to be landed at "B's" wharf in Toronto came into port at ten o'clock at night, and not finding anyone in charge of "B's" wharf, or any light, put off the iron at another dock, the vessel was held liable for extra expense incurred thereby to "B," as extra efforts should have been made to find "B" at a place where he would likely have been at that time of night; and also because that was not a reasonable time to require him to be there without notice, and even then he could not have been required to be there to receive 100 tons of pig iron at such an hour. Where the urgency of the vessel required such extraordinary dispatch for the owner's interest, it is only reasonable it should be gained at his own expense, and not at the expense and inconvenience of others. (47)

Where a charter or contract, lawful at the time of making, becomes illegal before performance, it is absolutely dissolved, and neither party is bound by it.

The contract to pay freight is dissolved by the abandonment of the ship and cargo by the master and crew at sea. (48)

Where a charterer does not furnish a cargo as agreed, the amount of damages the ship is entitled to is the amount of the freight agreed on, first taking off the expense of earning it, and any freight actually earned by the ship during the time she was chartered for. (49)

Where the parties agree in the charter on a certain amount to be paid in case of non-performance of the contract, the ship is entitled to this amount and also any freight she may earn besides. (50)

Delay by embargo does not in any way break the contract, whether it be by a foreign Government, or by that of both parties to the contract (51), and wages and freight continue on during the embargo, unless there is an express contract to the contrary. (52)

Where the ship chartered is a foreign ship, and the Government of the freighter detains her, the freighter may give notice and dissolve the bargain (53), and this the freighter may do, even where the ship has received the cargo and made a start on the voyage. (54)

A contract should be dissolved (where it is by consent of the parties) in the same mode that it was made. For example: Where the charter was under seal the release should be under seal, where in writing the release should be in writing, and all bills of lading should be given up to the master or ship-owner where a contract is dissolved, or else they should be indemnified, as they may, if not given back, get into the hands of other parties who may claim rights under them. (55)

Where a merchant puts his goods on board a general ship, and on being requested to sign the bills of lading finds there are several obnoxious conditions therein, which he was not before aware of, he is entitled to take his goods away again. (56)

NOTES.

(1) Paradine v. Jane, Aleyn 26, 2 Co. Litt. 201 a; Blight v. Page, 3 B. and P. 295; Hadley v. Clarke, 8 T. R. 259; Barker v. Hodgson, 3 M. and Sel. 267; Hall v. Wright, 29 L. J. (Q. B.) 43.

27.

(2) Liver Alkoli Co. v. Johnson, L. R. 9 Ex. 338.

(3) The Trent Nav. Co. v. Wood 4 Doug. 287; Forward v. Pittard, 1 T. R.

(4) Siordet v. Hall, 4 Bing. 607; Fletcher v. Rylands, L. R. 1 Ex. 265, in

error.

(5) Smith v. Shepperd, see Maclachlan on Shipping, page 499.

(6) Russell v. Nieman, 34 L. J. (C. P.) 10; The Tentonia, L. R. 4, P. C. 171; Pole v. Cetcovich, 9 C. B. N. S. 430, 30 L. J. (C. P.) 102.

(7) The San Roman, L. R. 5, P. C. 305; The Heinrich, L. R. 3, Ad. 424. (9) Pickering v. Barclay, Style 132, 2 Roll. Ab. 248.

(10) Buller v. Fisher, 3 Esp. 67; Lloyd v. Gen. Screw Collier Co., 33 L. J. Ex. 269; Grill v. Gen. Screw Collier Co., L. R. 1, C. P. 600; Czech v. Gen. S. N. Co. L. R. 3, C. P. 14.

(11) Fletcher v. Inglis, 2 B. and Ald. 315.

(12) Amies v. Stevens, 1 Stra. 128; Bull Ni. Prius, 69.

(13) De Rothschild v. Royal Mail S. P. Co., 7 Exch. 734.

(14) Laveroni v. Drury, 8 Exch. 166; Dale v. Hall, 1 Wils. 281; Kay v. Wheeler, L. R. 2, C. P. 302.

(15) Spence v. Chadwick, 10 Q. B. 517; Gosling v. Higgins, 1 Camp. 451; Evans v. Hutton, 4 M. and Gr. 954; see Maclachlan on Shipping, p. 503.

(16) Bone v. Eyre, 1 H. Bl. 273; Ritchie v. Atkinson, 10 East 295, 306; Seeger v. Duthie, 29 L. J. (C. P.) 253; Constable v. Clotherie, Palmer 397; Hall v. Cazenove, 4 East 477; Davidson v. Gwynne, 12 East 381; Bornman v. Tooke, 1 Camp. 377; McAndrew v. Adams, Bing. N. C. 29; Tarrabochia v. Hickie, 1 H. & N.183; Ritchie v. Atkinson, 10 East 295; Glaholm v. Hays, 2 M. and Gr. 257; Clipsham v. Vertue, 5 Q. B. 265; Wheeler v. Bavidge, 9 Exch. 668; Meyer v. Dresser, 33 L. J. (C. P.) 289; Behn v. Burness, 32 L. J. (Q. B.) 204.

(17) Smith v. Wilson, 8 East 437; Cook v. Jennings, 7 T. R. 381; Bright v. Cowper, 1 Browne 21; Ritchie v. Atkinson, 10 East 295, 308; Behn v. Burness, 32 L. J. (Q. B.) 204.

(18) Waugh v. Morris, L. R. 8 Q. B. 202; The Tentonia, L. R. 4, P. C. 171.

(19) Blight v. Page, 3 B. and P. 295 note; Tonting v. Hubbard, 3 B. and P. 295, 298; Storer v. Gordon, 3 M. and Sel. 308, 321; Bruce v. Nicolopulo, 24 L. J. (Ex.) 321.

(20) Glaholm v. Hays, 5 M. and Gr. 257; Shadforth v. Higgin, 3 Camp. 385; Ollive v. Booker, 1 Exch. 416; Olliver v. Fielden, 4 Exch. 135; Soames v. Lovergan, 2 B. and C. 564; Davidson v. Mure, 3 Doug. 28.

(21) Ollive v. Booker, 1 Exch. 416; Glaholm v. Hays, 2 M. and Gr. 257; Behu v. Burness, 32 L. J. (Q. B.) 204: McAndrew v. Adams, 1 Bing. N. C. 29; McAndrew v. Chapple, L. R. 1, C. P. 643.

(22) Storer v. Gordon, 3 M. and Sel. 308; Stephens v. Price, 3 Doug. 353; Carr v. W. Petroleum Co., L. R. 1, C. P. 636.

(23) Wilson v. Foderingham, 1 M. and Sel. 468.

(24) Paradine v. Jane Aleyn 26; Hall v. Wright, 29 L. J. (Q. B.) 43, in error; Blight v. Page, 3 B. and P. 295, note; Hadley v. Clarke, 8 T. R. 259.

E

(25) Blight v. Page, 2 B. and P. 295, note; Lyoerds v. Luscombe, 16 East 201; Hills v. Sughrue, 15 M. and W. 253; Maclachlan on Shipping, page 506; Barker v. Hodgson, 3 M. and Sel. 267.

(26) Cargo Ex. Argos, L. R. 5, P. C. 134.

(27) Forde v. Cotesworth, L. R. 5, Q. B. 544.

(28) Exparte Chevasse re Grazebrook, 34 L. J. (bkpcy.) 17.

(29) Jones v. Holm, L. R. 2, Ex. 335; Gen. Stm. Nav. Co. v. Slipper, 31 L. J. (C. P.) 185; Duckett v. Satterfield, L. R. 3, C. P. 227; S. S. C. Co. v. Clarke, L. R. 4, Exch. 73.

(30) Hudson v. Ede, L. R. 2, Q. B. 566; Hochster v. De La Tour, 22 L. J. (Q. B.) 455, 2 E. and B. 678; Frost v. Knight, L. R. 5 Ex. 322.

(31) Stewart v. Rogerson, L. R. 6. C. P. 424.

(32) The Teutonic, L. R. 4, P. C. 171; Pole v. Cetcovich, 9 C. B., N. S. 430, 30 L. J. (C. P.) 102.

(33) Fenwick v. Schmalz, L. R. 3, C. P. 313; Crow v. Falk, 8 Q. B. 467; Bruce v. Nicolopulo, 24 L. J., Ex. 321; Valente v. Gibbs, 28 L. J. (C. P.) 229; Seeger v. Dutchie, 29 L. J. (C. P.) 253.

(34) Larned v. McRae, 1 Q. B. 99.

(35) McPherson et al. v. Cameron, 15 Q. B. 48.

(36) Anglin v. Henderson, 21 Q. B. 27.

(37) Brown v. Lamont, 30 Q. B. 392.

(38) Brown v. Lamont, 32 Q. B. 167.

(39) Gray et al. v. Schooley, 43 Q. B. 209.

(40) Beard et al. v. Steele, 34 Q. B. 43.

(41) Monteith v. The Merchants' Despatch and Trans. Co., 1,0.R., Q. B.D.47. (42) Harvey v. Wallace, 16 Q. B. 508.

(43) McConkey v. Gorrie, 5 C. P. 430.

(44) Kopitoff v. Wilson, 1 Q. B. Div. 377.

(45) Brown v. Powell, D. S. C. Co., L. R. 10, C. P. 562.

(46) Beard et al. v. Steele, 34 Q. B. 43.

(47) Beard et al. v. Steele, 34 Q. B. 43..

(48) The Kathleen, L. R. 4, Ad. 269.

(49) Stewart v. Rogerson, L. R. 6, C. P. 424; Smith v. McGuire, 3 H. and N. 554; Puller v. Stamforth, 11 East 232; Stamforth v. Lyall, 7 Bing. 169; Wilson v. Hicks, 26 L. J. (Ex.) 242; Abbot on Shipping, 4th Ed. 430: Sedjwick on Damages, 2nd Ed. 361; Harries v. Edmonds, 1 C. and K. 686.

(50) Bell v. Puller, 2 Taunt 285; Cargo Ex. Argos, L. R. 5 P. C. 134. (51) Blight v. Page, 3 B. and P. 295, note; Bergstrom v. Mills, 3 Esp. 36; Thompson v. Roweroft, 4 East 43; Hadley v. Clarke, 8 T. R. 259; Beale v. Thompson, 4 East 546; The Boedes Lust, Sybrandts 5, C. Rob. 246.

(52) Beale v. Thompson, 4 East 546; Bergstrom v. Mills, 3 Esp. 36. (53) Tonteng v. Hubbard, 3 B. and P. 291.