a delay, or if the merchant is insolvent, or may reasonably be suspected of being so, and he has loaded part of the cargo, but neglects or refuses to load the remainder, the captain should not wait an unreasonable time beyond the time stipulated for by the charter party, as he will not have any lien on the cargo for the demurrage, unless that is expressly stated both in the charter party and bills of lading, but he will only have a personal claim for it against the merchant. If he does not wait on demurrage he should note a protest, or give a formal notice to the merchant demanding the remainder of the cargo, and after that he can either himself complete the loading of the ship with other goods, or, if they cannot be obtained, he can sail home with such cargo as he has already got, if that appears to him to be the most judicious course to adopt.

If the merchant neglects to load the ship, he cannot be considered to have broken the contract until the end of the lay days, unless before that time arrives he positively refuses to carry out his contract; and if such refusal is acted on by the shipowner or captain, then the breach of contract by the merchant is rendered complete, and the captain will be at liberty to re-charter the ship and hold the first charterer liable for all consequences. But if the captain, instead of accepting the refusal, continues to demand the cargo after the merchant has refused to supply it, he cannot still consider the charter as broken, but he must then wait till the end of the lay days before he is entitled to re-charter.

If the merchant refuses to load the ship, the captain should get the merchant to state his refusal in writing, or, if this cannot be done, he should note a protest.

DAMAGES PAYABLE FOR BREACH OF CHARTER.

If the charterer does not load the ship according to the charter, the amount of damages which the shipowner is entitled to recover is the amount of freight which the ship would have earned if she had been loaded according to the charter, deducting the expense the shipowner would have had to incur in earning the freight, and also deducting the nett profit he has made, if any, by the employment of the ship in the meantime.

The amount of damages the merchant is entitled by law to recover from the shipowner, in case the latter improperly refuses to carry a cargo which he is bound by the charter party to take, will be the amount of the loss actually sustained by him, and thus the amount will depend upon whether the merchant could obtain another ship to carry the cargo or not. If he could not obtain another

ship, the damages will be the amount he has lost by having the cargo left on his hands. If he could obtain another ship, then the shipowner will only be liable for the extra freight, if an increased amount of freight has been paid; but if the new freight is not more than that named in the original charter, then, as the merchant would sustain no loss he can recover no damages (or merely nominal damages) unless the charter contains a provision that a certain sum is to be paid as the ascertained damages (or "liquidated damages ") in case the charter is broken, and then the amount so named will be the amount payable.

IF

THE VOYAGE.

F the charter does not fix any time for the commencement of the voyage, it must be commenced with all possible dispatch, and within a reasonable time, wind and weather permitting, the captain first obtaining the necessary custom-house clearances for the vessel. If, however, the weather is stormy, it is the duty of the master to wait till the storm abates.

In the recent case of the "Wilhelm,” the master had omitted, during the loading of the ship, to take in sufficient stores and provisions for the voyage; and after the cargo was loaded, while he was engaged in taking on board his provisions, frost set in, which prevented the sailing of the ship for several months, and the shipowner was held liable for all damage caused to the charterer by the delay.

As the ship's register is necessary for the navigation of the ship, the master and owners have an indefeasible right to the possession of it, and the right can only be lost by making a transfer of the ship itself. The owner, and his captain for the time being, can always compel any person who may happen to hold the register to deliver it up, even if it has been pledged with such person as a security for money lent by him; the register, therefore, cannot be made a security for money.

DEVIATION.

On commencing the voyage the ship must proceed by the usual and most direct course to her port of dis

charge without any unnecessary deviation; but notwithstanding any delay in sailing, or deviation during the voyage, the shipowner is still entitled to payment of full freight, and if the merchant has suffered by the delay or deviation, he can recover compensation for the damages he has sustained by bringing an action against the ship

owner.

A deviation from the direct course of the voyage can only be justified in case it is necessary for the purpose of doing some necessary repairs to the ship, or to obtain provisions, or for some other lawful cause, such as is justified by the universal usage in the voyage the ship is engaged in, or to assist a vessel in distress, or in pursuance of the express requirements of the charter. But even if the deviation is justifiable, it should be for as short a time and distance as possible.

If the vessel deviates improperly, the underwriters may be relieved from their liability in case of a loss if the ship is insured for the voyage only; and if any goods on board the vessel are captured, lost, or damaged during a deviation, the shipowner will have to make good the loss to the merchant, even if the loss was not caused by the deviation, and the shipowner cannot relieve himself from liability by proving that the same thing would have happened even if he had made no deviation. In the same way, if there is any fall in the market price of the goods composing the cargo, the shipowner will be liable to make good the loss of price sustained by the merchant in consequence of the delay or deviation of the ship. But he can only recover the damages by bringing his action against the shipowner, he has no right to deduct it from the freight (see page 88), unless the deviation or delay was so long and unreasonable that it has put an end to the whole object

the freighter had in view in chartering the ship, and in that case the whole contract may be considered at an end.

If a deviation is made in going to the port of loading, it does not give the merchant the right to refuse to carry out the charter (unless the delay has been so long as to deprive the merchant of all benefit of the contract), it only gives him a right to bring a cross action for damages.

PILOTAGE,

It is the duty of the captain to employ a pilot in any port where pilotage is usual or compulsory (unless the vessel is exempt from compulsory pilotage), otherwise disputes may arise with the underwriters and owners of

the cargo if any damage should occur.

Under the Merchant Shipping Act, 1854, pilotage is compulsory on all vessels carrying passengers between any two places situated in the United Kingdom, the Channel Islands, or the Isle of Man, unless the master or mate of the vessel holds a pilotage certificate applicable for the district.

The following ships are exempt from compulsory pilotage in British ports, under the Pilotage acts and the Trinity House bye-laws, provided they are not carrying passengers between different parts of Great Britain or adjacent islands, and provided they are navigated by the captain and crew without the aid of any unlicensed pilot or other person :—

1. British colliers sailing to or from the Thames by the North Channel.