LIEN-continued.

In the event of charterer not giving orders at port of call, 228.

Damages for not loading in a reasonable time not a subject of, 284.
May be frustrated by master signing bills of lading inconsistently
with charter, 357.

None for freight where none on ship, 398.

For demurrage under cesser clause, 404.
For freight secured by common law, 433.
None at law for dead freight, 435.

For advance freight destroyed if goods are carried if not paid at
time named, 461.

Will be destroyed by delivery of goods, 487.

Of owner on goods lasts as long as he has possession of the ship, 499.
Clause in charter-party covers freight payable during the voyage, 510
Master has, on cargo whilst in his possession, 520.

Essential right to, is possession, 520.

Does not exist where payment of freight is not contemporaneous with
delivery, 521.

Master has no prospective, for freight, 522.

Not necessarily lost if cargo warehoused, 524.

Does not attach where cargo is to be delivered before payment of
freight, 524.

If freight unearned, does not exist, 530.

None exists in respect of advances, 530.

Under one contract does not extend to other contracts, 531.

Master has, on goods for expenses incurred, 531.

Under Merchant Shipping Act, 1889, 531.

When, does not exist for wharfage, demurrage, pilotage, port charges
or unliquidated damages for short loading, 531.

Owner may be divested of, by charter-party, 532.

Where the ship is demised, 536.

By person making advances for the shipment of the cargo, 537.
In respect of dead freight, 537.

Charterer may refuse to, vessel other than that named, 151.
Charterer may refuse to, vessel of an inferior class, 166.

When obligation of charterer to, is discharged, 187.
Ship must be ready to, 271.

LOADING,

Evidence admissible to show meaning of, 52, 276.

Evidence admissible to prove custom as to manner of, 184.

If manner of, improper, charterer must protest, 185.

If, of vessel complete, owner not liable, 186.

May be more than contract requires, 186.

When charterer's obligation of, is discharged, 187.

Owner's breach of warranty excuses charterer's, 209..
Port of, must be named by charterer, 224.
Excused by vessel's unseaworthiness, 261.

Liability of charterer for not, in stipulated time, 273.
Meaning of customary, 281, 284.

Conveyance of cargo to the port of, no part of the, 281.
Meaning of, 281.

With usual despatch, 299.

Time for, must expire before breach complete, 362.
Cargo must be ready at port of, 366.

When, of cargo is not prevented by frost, 508.

Unavoidable impediment to, 508.

Lay-days for, and unloading must be kept separate, 514.

Begins in and at place named in charter, 514.

When prevented by ice, 602.

LOCAL CUSTOM,

Not binding unless known to parties, 57.

LOCATIO NAVIS,

Meaning of, 5.

LOSS,

From extraordinary sacrifice when general average, 544.

LOST OR NOT LOST,

Meaning of, 451.

LUMP FREIGHT,

Lien by owners for, 124.

Owner entitled to, without deduction, 140.

Meaning of, 436.

LYING DAYS,

Meaning of, 507.

MACHINERY,

Accidents to, 607.

When nominated by charterer, but paid by owner, effect of, 13.
Owner when liable for acts of, 15, 21.

Power of, to enter into charter-parties, 71.

Has no authority to cancel charter-party, 71.

Cannot alter destination or amount of freight, 71.

Cannot authorise broker in foreign port to charter ship before her
arrival, 72.

May settle demurrage claims, 73.

Owner not bound by unauthorised acts of, 74.

Effect of, signing sub-charter, 86.

Lien of, who is also charterer, 124.

Duty of, to give notice of charter to shipper, 128.

Authority of, to sign bill of lading for charterer, 120.

Liability of, when he is charterer, 138.

If charterer fails to load, must try to obtain freight, 144.
Authority of, to borrow money, 149.

If ports not named, may elect to which he will proceed, 226.

Bound to use all reasonable means to reach port of discharge, 234.

Must discharge cargo, if necessary, 234.

Not bound to discharge part of cargo to enter port, 250.

Must stow cargo properly, though stevedore is not appointed by
charterer, 341.

Not liable for negligent stowage by charterer's stevedore, 341.
When bound to sign bills of lading as presented, 354.

Effect of, signing bills of lading inconsistent with charter-party, 357.
When, may be regarded as agent for owner or charterer, 359.
Duty of, when charterer fails to load, 362.

Has no lien on freight where no lien on ship, 398, 531.
"When charterer's servant cannot sue owner for wages, 398.
Must not sign bill of lading for less than agreed freight, 466.
Has lien on cargo whilst in his possession, 520.

May detain balance of the cargo for balance of freight, 520.
Is not bound to part with the goods till freight is paid, 521.
This right does not extend to wharfage fees, 522.

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.

e

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.

ΝΑΜΕ.

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.

NEGLECT,

Of master, pilot or crew, exception of, 613.

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.

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

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," 3

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