CERTIFICATE OF REGISTRY-continued.
penalty for using improper, xxxvi.

made evidence of the matters recited in, by 16 & 17 Vict. e. 104,
xlviii.

CHARTERER OF SHIP, when to be considered as owner, 25, 204, 219.
when liable as such, 25, 31-43.

CHARTER-PARTY.

Contents of Chap. 1, Part 4.

(Ss.) 1. Of the instrument of contract by charter-party, 168-69.
2. Of the usual contents thereof.-Stipulations as to voyage,
freight, burthen of ship, &c., 171.

3. Of stipulations as to time for providing and receiving cargo,

174.

4. Construction of charter-parties, 175.

5. Of covenants in charter-parties.-Conditions precedent, 188.
6. Evidence of usage of trade, when admitted in their interpreta-
tion, 195.

7. Bills of lading for goods shipped under charter-party, 198.

8. Of the charter-parties of the East India Company, 199.

definition of, 90, 168.

etymology of, 168.

by whom to be executed, 169.

form of, 171.

may be obligatory on one party, optional on the other, 193.

usual contents of, 171, 173.

charterer may load ship with his own goods, or take in goods of others,

or underlet, 172.

clauses of demurrage in, 173.

actions upon, 169, 170.

made by master, how binding on the owners, 90, 93, 169.

commencement of the operation of, 175.

effect of penal clause in, 205.

damages may be recovered beyond it, 205.

but not more than actually sustained, 205.

clause binding the cargo inoperative, 205.

shipowner's lien on goods for freight under, 204, 219.

on what principle founded, 205.

its extent in case of chartered ships limited by bill of lading, 206, 219.
charterer owner pro tempore, when, 34, 43, 208.

cases thereon, 208, 219.

rule of construction deducible from, 43.

lien by express contract, 219.

when lost or waived, 282.

construction of, 175.

must be liberal, 175.

but not inconsistent with obvious meaning of words, 183.

cases in illustration of, 183.

construed according to the usage of trade in general, and of particular

trade to which they relate, 195.

cases in illustration of, 195, 198.

when particular covenants are independent, or conditions precedent,
general rule, 188.

cases in illustration of, 188, 195.

mode of estimating freight when assorted cargo shipped, 184, 185.
under seal, cannot be released by agreement not under seal, 171.
charter-parties of East India Company, 199.

clauses usually contained in, 199.

dissolution of contracts of, 425.

dispensation of conditions in, 436.

by consent of partics, 425.

CHARTER-PARTY-continued.

dissolution by war, 426.

by prohibition to export, 427.

by blockade of port of destination, 431.

not dissolved by embargo or temporary restraint, 428.
or delay from natural impediments to navigation, 288.
nor by blockade of port of departure, 429.
CLEARANCE of passenger ships, cev.

penalty for obtaining, if ship not properly stored, ccxi.
of steam vessels carrying passengers, ciii. ccv.
CLEARANCES OF SHIP, in what they consist, 261.
regulations of Customs' Act respecting, 261.

as to clearing outwards, 261; inwards, 280.

COAST GUARD, remuneration for service of, in case of wreck, excvi.
COASTING TRADE, admission of foreign ships to, excix.
ships employed in, by whom formerly to be navigated, 88, 89.
hiring of seamen employed in, lvii.

COCKET, what, 262, 280.-See Clearances.
COLLISION.-See Maritime Lien.

Contents of Chap. 2, Part 6.

(Ss.) 1. Of the civil and maritime law respecting it, 519.

2. Law and practice of Court of Admiraly; causes of collision, 520.
3. French regulations for prevention of, 528.

4. Law of England, 528.

5. Regulations of 17 & 18 Vict. c. 104, as to lights and fog
signals, 526.

rules as to ships meeting each other, 526.

rules for steamers in narrow channels, 526.

if collision happens through breach of above rule, owners not entitled
to recover, 527.

breaches of such rules to be deemed occasioned by wilful default of
master or person in charge, unless contrary shown, 527.

collisions between steamers to be entered in official log, cv.

master responsible to shipowner and merchant in case of negligent or
wilful, 519.

rule of Roman law respecting, 520.

by maritime law, where neither vessel to blame or both, or where blame
cannot be discovered, damage to be borne equally by both parties, 520.
that is, by equal division, and not relatively to value of ships colliding, 520.
reasons of Valin for, 523.

rule of old and modern French law, 520.

rule of maritime law, where both vessels to blame, adopted by English
Court of Admiralty, 520.

cases in illustration of, 521.

justice of rule questioned, 522.

policy of, maintained, 523.

remedies for injury by collision, 523.

remedies in Court of Admiralty, 523.

causes of collision, what, 523.

are communis juris, 520.

nature of proceedings in, 523.

evidence by written depositions, 523.

judge assisted by elders of Trinity House, in what manner, 524.

rules of the sea, 524.

orders of Trinity House corporation, 525.

exemplified by decided cases, 525.

Admiralty notice as to lights, 527.

effect of Pilot Acts on liability of owners, masters, and pilots for, 158, 530.

rules of the sea in France, 528.

officers of Queen's ships, 530.

law of England, both vessels to blame, each party bears his own loss, 528.

COLLISION-continued.

so if neither to blame, 382, 521.

plaintiff' who proves that defendant was in fault, and no want of ordinary
care on his own part contributing to, may recover compensation, 528.
what circumstances to be considered in determining this, 528.

no inflexible rule of the sea dispensing with exercise of ordinary caution,

528.

regulations for the prevention of, 526.

in Admiralty, where both vessels to blame, value of cargo to be included
in estimate on which equal division made, 529.

not so by maritime law, according to Valin, 529.

nor by common law, 529.

but merchant may recover against owners of vessel in fault, 529.

in case of accident, collision a peril of the sea, within exception of
charter-party, 530.

foreign ship doing damage may be arrested by order of judge until
security given, 510, 529.

liability of owners for, limited to value of ship and freight, 529.
whether owner or charterer liable in case of, 41.

when vessel under charge of licensed pilot, 158.
priority in Admiralty of lien for damage by, 534.

COLONIAL VOYAGES defined, ccxviii.

what provisions of Passengers Act, 1852, to apply to, cexviii.
COLONIAL LIGHTHOUSES, cxciv.

COMMON CARRIERS, liability of shipowners as, 256, 286.
COMPULSORY PILOTAGE, xiv.

COMPUTATION OF VOYAGES FOR PASSENGER SHIPS, ccix.
CONDEMNATION,

of ships unfit for service by courts abroad, 15.

no such jurisdiction known to law of England, 15.

of captured ships, 18.

of prizes, and of ships that have violated the laws for prevention of
the slave-trade, official copy thereof to be produced at the time of
registry, 50.

CONDITION, precedent, what shall be and what not, 188.
CONFLICT OF LAWS, xcvi.

CONSIGNOR.-See Bill of Lading-Conveyance of Goods in General Skip-
Stoppage in Transitu.

by what act his right to stop in transitu may be taken away before the
end of the transit, 405.

statutes thereon, 401, 415.

when property in goods passes from, to consignee, 239-250.

when not, 244.

object and nature of consignment and character of consignee to be

attended to, 241, 411.

when entitled to sue on bill of lading, 238, 251.

cases of conditional consignment by, 246.

endorsement and transmission of bill of lading, 239.

when he cannot alter destination of consignment, 240, 251, 402—3.
stoppage in transitu by, 391.

CONSTRUCTIVE ASSISTANCE,

in cases of salvage, 496-502.

CONTENT, what, 262.

CONTRABAND GOODS,

must not be taken in by master, 259.

nor shipped by merchant, 304.

freight not payable to a neutral vessel in respect of, 358.

CONTRACT,

what words amount to, in bills of lading, &c., 220.

by charter-party, when it may be broken off, 174.

consequences of doing so, 174.
reciprocal, 192.

CONTRACT-continued.

by charter-party reciprocal, but may be obligatory on

optional on the other, 192

CONTRIBUTION.-See Average, General.

of part-owners towards expenses of ship, 74.

one party,

CONVEYANCE of goods in general ship, 233.-See Bill of Lading—Master.

Contents of Chap. 4, Part 4.

(Ss) 1. The usual mode of entering into this contract, 233.

CONVOY,

2. Of bills of lading,—their form, signature, and effect, 234.
3. To whom the master and owners are responsible on bills of
lading, cases of conditional consignment, the condition being
unperformed, considered, 238.

4. Cases of conditional consignment, the condition having been
performed, 246.

5. Of the effect of bills of lading transmitted as security for
advances, or to indemnify against acceptances, 247.

6. Of actions by consignees, being only agents of the owners of
goods, 248.

7. Remarks on cases cited, 251.

8. Description of goods in bills of lading, 252.

9. Admiralty cases; consignors' or enemies' property, 233.

when bill of lading amounts to such a warranty, 233, 234.
how complied with, 266.

when not, 266.

covenant to sail with first, 190.

owners answerable for a breach of, 263.

bond to be taken by officers of customs for sailing with, 268.
penalty on master for not sailing with, 267.

for departing from, 267.

CORDAGE, bought specifically for ship in course of building, passes with
it, 5.

COUNTERMAND.-See Stoppage in Transitu, of delivery, 391.
COURT OF CHANCERY,

if amount of part-owner's shares in dispute will restrain sailing of ship
till ascertained, 71.

but application must be made as quickly as possible, 71.

remedy in, for part-owners to obtain adjustment of ship's accounts, 78.
CREW.-See Seamen.

CRIMES, committed on the high seas and abroad, xi.

CUSTOMS,

officers of, may be appointed receivers of wreck, 506.

duties of, when receiver absent, in cases of wreck, cxxix.

act for general regulation, provisions of, respecting clearance of ships

and entry inwards and outwards of goods, 261, 280.

effect on contract of carriage of seizure of goods by, 286.

effect on claim for demurrage of detention by, 227.

officers of, their duties in clearance of ships, 261, 280.

authority of, to board ships on arrival, and remain till goods
delivered, 280.

masters to provide accommodation for, 283.

D.

DAMAGE done to cargo, effect of, on freight, 324.
DAMAGES,

may exceed penalty, 205, 223.

for not loading ship, how estimated, 180-182.
in cases of collision, 520-529.

DAMAGING ship or stores, punishment of seamen for, 140, lxxxiv.
DANGERS of seas and navigation and of " roads," 235, 288.

DECK CARGO,

general average in respect of, 366.

practice, laws and ordinances of foreign states in respect of average on
jettison of, 366.

timber may not be carried as, except stores, or spars for ship's use, or
temporarily, 373.

regulations of 18 & 19 Vict. c. 119, respecting, in passenger ships, cciv.

DECKS,

on what, passengers may be carried, cciv. cevi.

of passenger ships must be constructed to satisfaction of emigration
officers, cevi.

space to be allowed between, cevi.

DELIVERY ORDER, effect of transfer of, on right to stop goods in
transitu, 403.

DELIVERY,

of ship to vendee, 22.

or muniments of title to, 22.

in case of sale of a share, 22.

DAY, definition of, as to demurrage, 222.

DEAD FREIGHT, 205.

DEATH OF SEAMEN, effect thereof as to wages, 453, 457.

DECLARATION.-See Registry.

to be made on registering ships, 49.

of prize ships, 50.

of ships condemned for breach of laws for prevention of slave-trade, 50.
of ships owned by corporate bodies, 50.

by joint-owners to be considered as one person, xxxii.

on loss of certificate of registry, xxxv.

punishment for false, under 17 & 18 Vict. c. 104, xlvii.
form of, for body corporate as transferree, clxv.

by individual owner, clxiii.

owner on transmission, clxvii.

on transmission by bankruptcy, marriage, will, or intestacy,
xxxviii.--xl.

by mortgagee on transmission, clxxi.

DEEDS, by whom to be executed, 169, 170.

from what time they take effect, 175.

DELAY.-See Demurrage.

in commencement of voyage, 174, 176, 179, 190.

in unloading ship, its effects on demurrage, 223, 232.

DEMISE OF SHIP,

when charter-party construed as, 34, 208, 219.

when not, 209, 214.

consequences of, 31, 43.

DEMURRAGE.

Contents of Chap. 3, Part 4.

(Ss.) 1. What it is, 220.

2. How to be computed, 222.

3. Construction of stipulations respecting it, 223.

4. How regulated by usage in the absence of express stipulations,

227.

5. When it ceases, 229.

6. Remarks on cases relating to it, 231.