of the previous carriers), the draft may be very great; but, if it all starts from the loading port, so narrow are the margins of profit in modern trade that the draft is small. A recalcitrant captain may be compelled to sign these important papers."

CESSER CLAUSE IN CHARTER PARTIES

89. Under the cesser clause, the settlement between ship and charterer must be made at the loading port, and the shipper looks to the ship alone, and not to the charterer.

A common provision in charter parties is the clause. known as the "cesser" clause. Its usual language is "owner to have a lien on the cargo for freight, dead freight, and demurrage, charterer's liability to cease when cargo shipped." It is strictly construed. It does not operate to release the ship, and it releases the charterer from liability for future occurrences alone, not for past occurrences.78

The object is to end the charterer's liability at the loading port and save him from a lawsuit at a distant point. To that end the bills of lading are given direct by the ship to the shipper, and all disputes as to demurrage, dead freight, etc., at the loading port, are settled before the vessel sails, while the lien given to the owner protects his freight or

888. 77 Reynolds v. The Joseph, 2 Hughes, 58, Fed. Cas. No. 11,730. See, in general, as to these documents, Kruger v. Moel Tryvan S. S. Co., [1907] A. C. 272; London Transport Co. v. Trechman, [1904] 1 K. B. 635.

§ 89. 78 KISH v. CORY, L. R. 10 Q. B. 553; Iona, 80 Fed. 933, 26 C. C. A. 261; Schmidt v. Keyser, 88 Fed. 799, 32 C. C. A. 121; Crossman v. Burrill, 179 U. S. 100, 21 Sup. Ct. 38, 45 L. Ed. 106; Steamship Rutherglen Co. v. Howard Houlder & Partners, 203 Fed. 848, 122 C. C. A. 166; Elvers v. W. R. Grace & Co., 244 Fed. 705, 157 C. C. A. 153; Seguranca, 250 Fed. 19, 162 C. C. A. 191.

demurrage at the port of discharge. Hence, if the owner gives the shipper a clean bill of lading at the loading port, he cannot hold the goods for demurrage; for the shipper is not bound by the charter party. He must collect his demurrage, or reserve a lien for it, by proper language, in his bill of lading."

79 Turner v. Haji, [1904] A. C. 826.

CHAPTER VIII

OF WATER CARRIAGE AS AFFECTED BY THE HARTER ACT OF FEBRUARY 13, 1893 (27 Stat. 445 [U. S. Comp. St.

90-91.

92.

Policy of Act.

§§ 8029-8035])

Act Applicable Only between Vessel Owner and Shipper. 93. Vessels and Voyages to which Act is Applicable.

94. Relative Measure of Obligation as to Handling the Cargo and Handling the Ship.

95. Necessity of Stipulation to Reduce Liability for Unseaworthi

ness.

POLICY OF ACT

90. The act materially modifies the law relating to the carriage of goods.

91. It forbids any stipulation against negligence in preparation for the voyage or in delivery, or unseaworthiness below the measure of due diligence.

The discussion in the preceding chapter has been as to the liability of carriers under the general decisions of the courts, independent of statute. As has been seen, stipulations against negligence are forbidden by the preponderance of American decisions, but allowed by the English decisions. As a large proportion of the foreign carrying trade is conducted in English vessels, the effect of the English decisions is to allow vessel owners to fritter away their liability by stipulation, and this placed American vessel owners at a disadvantage in the close competition between them. The Harter Act was a compromise between the shipping and carrying interests, and though it exempts carrying vessels from liability for many acts of negligence for which they were responsible formerly, and against which they could not stipulate, it at the same time works in favor of the shipper by forbidding many stipulations which under

the English law were valid. The general policy of the law is that the vessel owner must take the care required of experts in that business in all matters relating to the loading, stowage, custody, care, and proper delivery of the goods intrusted to it, and must exercise due diligence to make the vessel seaworthy in all the particulars which have been held to constitute seaworthiness; and that, if these requirements are met entirely, neither the vessel nor her owners shall be responsible even for faults or errors in navigation, nor for many such grounds of liability as have been held by the American decisions to be validly stipulated against in bills of lading.

The full text of the act is as follows:

"Chapter 105. An act relating to navigation of vessels,

bills of lading, and to certain obligations, duties, and rights in connection with the carriage of property. "Be it enacted by the senate and house of representatives of the United States of America in congress assembled, that it shall not be lawful for the manager, agent, master or owner of any vessel transporting merchandise or property from or between ports of the United States and foreign ports to insert in any bill of lading or shipping document any clause, covenant, or agreement whereby it, he, or they shall be relieved from liability for loss or damage arising from negligence, fault, or failure in proper loading, stowage, custody, care, or proper delivery of any and all lawful merchandise or property committed to its or their charge. Any and all words and clauses of such import inserted in bills of lading or shipping receipts shall be null and void and of no effect.

"Sec. 2. That it shall not be lawful for any vessel transporting merchandise or property from or between ports of the United States of America and foreign ports, her owner, master, agent, or manager, to insert in any bill of lading or shipping document any covenant or agreement whereby the obligation of the owner or owners of said vessel to ex

ercise due diligence, properly equip, man, provision, and outfit said vessel, and to make said vessel seaworthy and capable of performing her intended voyage, or whereby the obligations of the master, officers, agents, or servants to carefully handle and stow her cargo and to care for and properly deliver the same, shall in any wise be lessened, weakened or avoided.

"Sec. 3. That if the owner of any vessel transporting merchandise or property to or from any port in the United States of America shall exercise due diligence to make the said vessel in all respects seaworthy and properly manned, equipped and supplied, neither the vessel, her owner or owners, agent or charterers, shall become or be held responsible for damages or loss resulting from faults or errors in navigation or in the management of said vessel, nor shall the vessel, her owner or owners, charterers, agent, or master be held liable for losses arising from dangers of the sea or other navigable waters, acts of God, or public enemies, or the inherent defect, quality or vice of the thing carried, or from insufficiency of package, or seizure under legal process, or for loss resulting from any act or omission of the shipper or owner of the goods, his agent or representative, or from saving or attempting to save life or property at sea, or from any deviation in rendering such service.

"Sec. 4. That it shall be the duty of the owner or owners, masters, or agent of any vessel transporting merchandise or property from or between ports of the United States and foreign ports, to issue to shippers of any lawful merchandise a bill of lading or shipping document, stating, among other things, the marks necessary for identification, number of packages or quantity, stating whether it be carrier's or shipper's weight, and apparent order or condition of such merchandise or property delivered to and received by the owner, master, or agent of the vessel for transportation, and such document shall be prima facie evidence of the receipt of the merchandise therein described.