ABANDONMENT.

See Marine Insurance, No. 3.

ADMIRALTY COURT ACT 1861. See Carriage of Goods, No. 8-Co-owners.

ADMIRALTY DIVISION.

See Jurisdiction-Practice.

2. Where the holder of a bottomry bond arrests the vessel and freight on which the bond is secured before the bond is due, and the bond is paid at or before maturity, the shipowner is entitled to the costs occasioned by the proceeding, but not, in the absence of malice or gross negligence on the part of the bondholder, to damages. (Adm) The Endora. 3. An instrument by which a captain binds his ship to pay a sum of money for goods supplied within six days after my arrival," means after the ship's arrival, and is an instrument of bottomry. (Adm.) The Cecilie

BRITISH SHIP.

See Limitation of Liability, No. 5.

BROKER.

See Marine Insurance, Nos. 5, 6.

CANCELLATION.
See Ship's Husband, No. 4.
CARGO,

See Stoppage in Transitu.

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2. When a bill of lading or charter-party (the terms whereof are incorporated in the bills of lading) contains a clause providing that the cargo of the ship shall be discharged in a certain number of days or demurrage paid, a consignee of part of the cargo whose goods are not discharged within the lay days provided, is liable for demurrage, although the delay has been caused by no default of his, but by the default of other consignees whose goods are stowed above his in the ship, provided there is no default on the part of the ship owner. (Ct. of App.) Id.

3. Where goods are carried on board a vessel under bills of lading, signed by persons purporting to be agents and actually charterers, but the shippers have no knowledge of the existence of a charter-party, the ship owners are liable to the shippers under the bill of lading for damage done to the goods by negligent stowage, on the ground that the bill of lading must be considered as signed by the authority of the shipowners in the absence of notice to the shippers, and the shipowners are primâ facie responsible for bad stowage. (Denman, J.) Hayn, Roman, and Co. v. Culleford and

Cash

4. A bill of lading excepting liability for “all accidents, loss, and damage of whatsoever nature occasioned by any act, neglect, or default whatsoever of the pilot, master, or mariners, in navigating the ship, it being agreed that the captain, officers, and crew of the vessel in the transmission of the goods as between the shipper, owner, or consignee thereof and the ship and ship owner, be considered the servants of such shipper, owner, or consignee," does not exempt the shipowners from liability for negligent stowage. (Denman, J.) Id.

5. Where a charter-party provides that a ship shall deliver her cargo as fast as the custom of the port of discharge will allow, and the bill of lading provides that the cargo shall be delivered to the consignee or assigns, he or they paying freight as per charter-party, and there is no custom of the port as to delivery, the contract in both charter-party and bill of lading is that the cargo shall be delivered within a reasonable time. (Ct. of App.) Fowler v. Knoop

6. Where a bill of lading provides for the delivery of goods to a named consignee or his assigns, and the consignee, during the ship's voyage sells the cargo and several subsequent sales take place, the cargo is delivered to the ultimate purchaser, upon orders of the consignee, who does not indorse but retains the bill of lading, such consignee may be sued in an action for damages for detention of the ship, being a consignee within the meaning of the Bills of Lading Act 1855, sect. 1. (Ct. of App.) Id.

7. The ordinary warranty as to seaworthiness in a bill of lading is a warranty that the ship is seaworthy at the time, and reasonably likely to continue seaworthy on the voyage specified. If from special circumstances in her construction she requires special appliances to preserve the cargo from sea damage, the owner is bound to provide those appliances, and will be liable for damage to cargo arising from the want of them. Steele v. State Line Steamship Com. pany (3 Asp. Mar. Law Cas. 516; 3 App. Cas. 72; 37 L. T. Rep. N. S. 333) followed. (Adm.) The Marathon

8. An indorsee of a bill of lading has a right to sue for damage to the cargo arising from a

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