DEMURRAGE-continued. definition of, 220. certain number of days allowed in charter-parties for loading and un- if merchant detain ship beyond two designated periods, he is liable to words to the same effect usually introduced in bills of lading, 220, 221. when such words not introduced, master cannot maintain action against unless a contract to pay it can be implied from words of reference to "days" in clause of demurrage in port of London mean working days, better to mention working or running days, 222. to be reckoned, unless otherwise expressed, from ship's arrival at usual but this may be varied by express stipulation, 222. when destination of ship changed, 254. may be in the alternative, or according to circumstances, 222. stipulated rate of demurrage usual measure of damages for ship's deten- but not absolute or necessary measure, 223. more or less, as justice may require, 224. when time thus ascertained and limited, merchant liable for default, 224. if author of delay, expense must fall on him, 224. cases in illustration of this rule, 224. even when delay inevitable, 227, 251. he might have protected himself by express stipulation, 227. or bound himself by terms less stringent, 227. if he do not, law will enforce his contract, 227. instances of unavailable excuses, 227. of delays occasioned by the fault of the master or ship-owner, 227. no demurrage in case of hostile occupation of destined port, 227. while waiting for cargo ceases when ship fully laden, 229. if ship has once set sail and is driven back, claim of demurrage not for delays without fault of merchant, opinion of Lord Tenterden re- by prohibition of foreign government to export stipulated cargo, 227. by crowded docks, 224, 231. by Custom-house restraints, 227, 231. when merchant cannot be said to detain a vessel, 232. what time allowed to unload, if goods inaccessible during stipulated cases thereon, 232. damages in the nature of, 220, 221. payment of, by East India Company, 199, 208. parties liable to pay it, 221, 223. no lien for, 205, 220. DENIZENS may own British ships, 47. DERELICT, what salvage allowed in cases of, 489. DESCRIPTION AND OWNERSHIP OF BRITISH SHIPS, iv. DESERTION OF SEAMEN, what acts amount to, 126.-See Seamen. punishment for, 135. Z DESERTION OF SEAMEN-continued. forfeiture of wages by, 136, 471. entering into the Queen's service is not desertion, 139, 452, lxxv. seamen imprisoned for, may be sent on board before termination of s n- provisions of 17 & 18 Vict. c. 104, for checking, lxxxv. DESTROYING a ship, how punished, 140, 142. where offenders may be tried, 143. DESTINATION of ship, when lay days begin on change of, 171. what is; what not, 270, 271. DIAMONDS, &c., quality and value of to be expressed in bill of lading, 292. DIETARY SCALE, on board passenger ships, ccxii. variation by emigration commissioners, ccxiii. DISCHARGE AND PAYMENT OF WAGES.-See Seamen. DISCIPLINE, provisions for maintaining, x. DISOBEDIENCE, offence of, by seamen, 135, 139.-See Seamen. Contents of Chap. 13, Part 4. (Ss.) 1. Of dissolution by mutual consent, 424. 2. By events rendering the performance of the contract illegal-of 3. Of blockade of the port of departure, 429. 4. Of blockade of the port of destination, 431. 5. Recent decisions, 436. master not bound to redeliver goods for which he has signed bills of for carriage of goods by act of the parties, 424. war, 427. meaning of in charter-party, 436. embargo, 428, 429. blockade of port of departure does not dissolve contract, but only suspends its performance, 429. notification, effect of, 430. binding on subjects of state to which addressed, 430. reasonable evidence of knowledge by subjects of other states, when, 430. if real and effective, 431. blockades relaxed by belligerents inter se, relaxed or null as to but voyage not illegal, if no intention to break, 432. not dissolved if parties knew of blockade when contract entered cases thereon in American Courts, 429. in Admiralty, King's Bench, and Common Pleas, 441. DOCKS, demurrage while waiting in, 224. lien for goods in, 282. DUNNAGE must be provided by master, 259. DUTIES OF MASTERS AND OWNERS.-See Master. Contents of Chap. 5, Part 4. (Ss.) 1. Of the preparation, 254. 2. Of the commencement, 261. 3. Of the course, 271. 4. Of the completion of the voyage, 279. of masters and owners, 254. preparation for voyage, 254. DUTIES OF MASTERS AND OWNERS-continued. responsibility of master commences with receipt of goods, when received responsibility of wharfinger ceases on delivery by him to mate on the not to take more goods than ship can well carry, 259. to provide a staunch ship, 254. merchant suffering damage from insufficiency of ship entitled to recom- no warranty of ship's seaworthiness in contract with seamen, 254. warranty of seaworthiness implied by law, 256. ship not seaworthy without competent master, 257. or without competent crew, and some one capable of taking master's master must take pilot where required, 257. taking goods on board, 258. stowage of goods, 259. not to be stowed upon deck without the consent of the owner of unless according to usage of trade, 368. ship's papers, 250, 260. no false ones, 260. or unauthorized colours, 260. master must wait stipulated lay days, 261. as to commencement of voyage, 261. clearances of ship, 261. warranty to sail with convoy, 263. what amounts to compliance with, 264, 265. what not, 266. as to course of voyage, 271. must pursue direct course, 271. when deviation excused, 271. owner responsible for loss of goods during unjustified deviation, 271. no deviation to take in additional cargo during unavoidable delay, 272. sale, when proper, 273. hypothecation of cargo, 274. completion of voyage, 279. must take care that ship is properly moored or anchored, 280. or lost by sailing in fair weather upon rocks or shallows, 279. must report ship and crew, 280. must not break bulk, when, 280. must deliver bill of lading to collector or comptroller of customswhen must deliver cargo to consignees without delay, 281. has no right to detain them for wharfage if desired to deliver them over must watch them in lighter till it is fully laden, 284. what is a delivery pursuant to bill of lading, 283. at the port of London to what not, 283. or his assigns, 283. E. EAST INDIAN ships, saving of, 3 & 4 Vict. c. 56, relating to, xvi. provisions of 17 & 18 Vict. c. 104, as applied by East Indian and colo- EAST INDIA COMPANY, their charter-parties, 199. ships employed in observations, 104. in military expeditions, 304. last port of discharge, 202. detained by them in India till unfit for service, 304. by what officers ships belonging to are to be registered, 48. registration of Indian-built ships, ccxlv. power to adopt provisions of Passengers Act within territories of, 166. EMBARGO, general average in respect of, 380. when it puts an end to contracts for carriage of goods, 428-29. EMBEZZLEMENT.-See Seamen-Master. of goods by master, shipowners not liable for, unless ship employed in by mariners, charges master and owners, 299. owners not chargeable for beyond the value of ship and of cargo or stores by mariners, effect thereof upon their wages, xxxiv. ENGAGEMENT of seamen, vii.-See Seamen. ENTRY of goods inwards, 280. outwards, 261. ERASURES in agreements with seamen must be attested, lxi. proof of ownership, 22. of necessity of repairs, 105. of masters of foreign-going and home-trade passenger ships, 86. EXAMINATIONS and certificates of masters and mates, vii. FACTORS' Acts, 415, 421. FACTOR.-See Stoppage in Transitu. F. formerly could not pledge bill of lading, 415. law altered by 6 Geo. 4, c. 94, and 5 & 6 Vict. c. 39, 415, 421. persons in possession of symbols of property to be deemed true owners thereof, for the purpose of pledge or deposit thereof, 421. goods entrusted to, contracts respecting them, 421. fraudulent conduct of, how punished, note (e), 416. what documents may be pledged by, 422. exchanges of securities protected, 421. FALSE LIGHTS, prevention of, xii. FARES. See Passenger Steamers. provisions to prevent evasion of, in steamers, 167. FIRE on ship-board, owners not answerable for, 292. offence of setting fire to ships, 142. not occasioned by lightning, not within exception of acts of God, 292. FIRE-continued. precautions to prevent, in steam vessels, xii. FISHERY, ships employed in, what, need not be registered, 47, FISHERY, GREENLAND, fishing stores of ship employed in, to be valued FISHING TACKLE, whether included under the words ship's furniture, 4. FOREIGN-BUILT ships owned by British subjects, 50. not to be interested in British ships unless naturalized, 47. FOREIGN COUNTRY, what, 115. FOREIGN SEAMEN, employment of, 88-9. suits by, for wages, 481. FOREIGN VESSELS, registry of, when bought by British subject, 53, xxxiv. when they must employ a pilot, 159. power to arrest and obtain security for injuries done by, 111. liability of, in Admiralty, for collision, 530. employed in coasting trade and goods carried in them not subject to FOREIGN-GOING SHIPS, what are, 83. agreement with seamen of, lviii. FORFEITURES, under 17 & 18 Vict. c. 104, how recoverable, x. for exercising the privileges of British ship without having obtained a of seamen's wages, X. FORGERY, punishment for, vi. FORMS. See Contents and Appendix. FRAUDULENT sale of a ship in the West Indies, 16. FREE ON BOARD, when goods so delivered can be stopped in transitu, 403. FREIGHT.-See Charter-Party-Shipowners' lien for-Bill of Lading. Contents of Chap. 9, Part 4. (Ss.) 1. In the absence of express stipulation, freight not due 'till 2. Modes of its calculation-of an agreed sum for the voyage-of 3. Time and manner of its payment-of the words on payment of 4. When a contract to pay freight may be implied against the 5. Equivalent recompence in the nature of freight to which 6. Freight on illegal voyages, 323. 7. Whether damaged goods are exempt from freight, or may be 8. Of freight pro ratá itineris peracti, 329., 9. When right to freight commences, 351. 10. Of entire, divided, and intermediate voyages-freight, how 11. Of the jurisdiction exercised by the Court of Admiralty respect- accruing, passes to mortgagee, 31. hypothecation of, 125. implied in, of ship, 125. |