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.

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

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

Cannot sue on a charter made by a broker to which 'e 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 isfree 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.

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, 626.
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.

PIRATES,

Exception of; 584.

Loss by, is a peril of the sea, 636.

POLITICAL DISTURBANCES,
Exception of, 569.

POSSESSION OF SHIP,

When in the charterer, 6.

Effect of, as against shipper, 8.

By mortgagee invests him with rights of owner, 102.

PORT,

to proceed to a, as ordered, 224.

Of loading must be named by charterer, 224.

Charterer must give notice of proceeding to safe, 225.
Master may elect to which, he will proceed if, not named, 226.
Of discharge, meaning of, 234.

Obstruction to enter, must be permanent, 237.

Ambit of, meaning of, 238.

Meaning of, 245, 374.

Safe port, meaning of, 249, 255.

Must be politically safe, 255.

Custom of, in discharging, 287.

Attempt to enter blockaded, is illegal, 580.
Damage by, being left open, 648, 653.

PORT CHARGES,

No lien for, except by express agreement, 531.

PRATIQUE,

Meaning of, 659.

PRINCIPAL,

Liability of foreign, when agent signs charter, 86.
When agent of undisclosed, may sue, 92. •

PRINCIPLES,

Affecting the construction of charter-parties, 26.
Affecting alterations and additions in the charter, 34.

PRINTED FORMS OF CHARTER.

Effect of mistake in, 40.

Effect of written words in, 40, 41.

Clause must not be construed as to defeat the main object of the

contract, 44.

PURCHASER,
Rights of, 97.

PURCHASE MONEY,

Of ship when treated as freight, 526.

QUARANTINE,

Charterer excused if ship breaks, regulations, 504.

Exception of, 658.

Kinds of, 660.

QUAY,

Being blocked by cargo, 509.

QUAY BERTH,

Ready, meaning of, 244.

When ship is to proceed to a named, 310.

QUEEN'S ENEMIES,

Exception of, 574.

RAILWAYS,

Effect of stoppage of traffic on, 620.

RATS,

Loss by, eating holes in ship's bottom not a peril of the sea, 638.
READINESS,

When court may go behind, in case of mortgage, 99.

REGISTERED OWNER,

Liability of, 68.