See also:

• AFFREIGHTMENT (from " freight," q.v.)

The result is, that certain more or less See also:

• COMMON

For each See also:

• SEPARATE

The document signed by the See also:

• MASTER (Lat. magister, related to tnagis, more, as the corresponding minister is to minus, less; the English form is due partly to the O. Eng. maegister, and partly to O. Fr. maistre, mod. maitre; cf. Du. meester, Ger. Meister, Ital. maestro)

The mate's receipt is, after-wards exchanged for the bill of lading. In the case of a shipment by a general ship the bill of lading is the See also:

• EVIDENCE (Lat. evidentia, evideri, to appear clearly)

This right dependsessentially on the fact that the master who signs the bills of lading, although in doing so he is acting for the charterer, remains nevertheless the servant of the shipowner, who is not allowed to deny as against third persons, who do not know the relations between the charterer and the shipowner, that his servant, the master of the ship, has the See also:

• ORDINARY (med. Lat. ordinarius, Fr. ordinaire)

6. The persons to whom delivery is to be made. 7. The freight to be paid. 8. The excepted perils. q. The shipowner's lien. The description of (1) the shipper and (2) the ship calls for no remark. The (3) description of the voyage is important, because there is, as we have already explained, an implied undertaking by the shipowner in every contract of carriage not unnecessarily to deviate from the ordinary route of the voyage upon which the goods are received to be carried. The consequences of a deviation are serious, inasmuch as the shipowner is liable, not only for any loss or damage which the shipper suffers in consequence of the deviation, but for any loss of goods which occurs after the deviation, even though such loss is caused by one of the excepted perils. The only exception to this rule is that a deviation may be made to See also:

• SAVE, or SAVA (Ger. Sau; Hungarian Szdva; Lat. Savus)

It is, however, very usual to qualify the strictness of this implied undertaking by introducing in the bill of lading certain " liberties " to deviate, as, for example, in the form given above, " liberty to call at any ports in any order, to tow and assist vessels in distress, and to deviate for the purpose of saving life and property." The nature and extent of the liberty will depend on the words of the contract. The inclination of English courts has been to construe clauses giving a liberty to deviate somewhat strictly against the ship-owner. The (4) importance of the description of the goods shipped and their condition is obvious, as the contract is to deliver them as described and in the like good condition, subject, of course, to the exceptions. It must, moreover, be noted that, as against the master or person who has himself signed the bill of lading, the statement therein of the goods shipped is absolutely conclusive. But as against the shipowner, unless he has himself signed the bill of lading, the statement of the goods shipped is not conclusive. It is evidence as against him that the goods described were shipped, but he is allowed to rebut this evidence by proving, if he can, that the goods mentioned, or some of them, were not in fact shipped. As to (5) the place of delivery, very serious questions frequently arise. Primarily, of course, the shipowner is bound to deliver at the place named. Should he be prevented by some obstacle or difficulty which is of a temporary nature, the vessel must wait, and delivery must be made as soon as possible. Where, however, the obstacle is permanent, or at all events such as must cause unreasonable delay, having regard to the nature of the See also:

• ADVENTURE (from Lat. res adventura, a thing about to happen)

For instance, if the port named in the bill of lading became permanently closed and inaccessible to shipping in consequence of an See also:

• EARTHQUAKE

A common form of such reference is " freight and other conditions, as per charter-party." It may here be mentioned that this form of words does not in-corporate in the contract under the bill of lading all the terms and conditions of the charter-party, but only those which apply to the person who is to take delivery, and relate to matters ejusdem generis, or similar to the See also:

• PAYMENT (Fr. paiement, from payer, to pay; Lat. pacare, to appease, pax, peace)

If freight payable in advance has become due, even though the ship is lost before it is paid, it must, in the absence of some See also:

• SPECIAL

In the second place, there is an implied undertaking by the shipowner that all reasonable care will be taken by himself, his servants and agents, safely to carry and deliver at their destination the goods received by him for carriage. Should loss or damage occur during the voyage, though the See also:

• DIRECT

Where such difficulties arise the question must be, What is the true and natural meaning of the language used by the parties? This question is not governed by the general rules which we have endeavoured to explain; but the words of the contract must always be considered with reference to these rules, which are founded upon the well-established customs of merchants recognized and formulated by the courts of law. (9) The bill of lading sometimes contains a clause as to the shipowner's lien. Without any express provision for it the ship-owner has by the common law a lien for freight. If it is desired to give the shipowner a lien for demurrage (see below) or other charges, it must be expressly provided for. The lien is the right of the shipowner to retain the goods carried until payment has been made of the freight or the demurrage, or other See also:

• CHARGE
• CHARGE (through the Fr. from the Late Lat. carricare, to load in a carrus or wagon; cf. " cargo ")

The charter-party is made subject to exceptions similar to those which are found in bills of lading. There are also usually clauses providing for the commissions to be paid to the brokers on signing the charter-party, the " address " See also:

• COMMISSION (from Lat. commissio, committere)

The contract usually provides that Sundays and holidays shall be excepted in counting the lay days, but unless expressly stipulated this exception does not apply to the computation of the period of detention after the lay days have expired. Dead freight is the name given to the amount of freight lost, and therefore recoverable by the shipowner from the charterer as damages if a full and See also:

• COMPLETE

Moel Tryuan, 1907 A. C. 272. . (2) A time charter-party is a contract between the shipowner and charterers, by which the shipowner agrees to let and the charterers to hire the vessel for a specified term for employment, either generally in any lawful See also:

• TRADE (O. Eng. trod, footstep, from tredan, to tread; in M. Eng. the forms teed, trod and trade appear, the last in the sense of a beaten track)
• TRADE, BOARD OF

It is obvious that, when a ship carrying a cargo is in the course of a voyage, the master to some extent represents the owners of both ship and cargo. In cases of emergency it may be necessary that the master should, without waiting for authority or instructions, incur expense or make sacrifices as agent not only of his employer, the shipowner, but also of the cargo-owner. Ship and cargo may be in peril, and it may be necessary for the safety of both to put into a port of refuge. There it may be necessary to repair the ship, and to land and warehouse, and afterwards re-ship the cargo. For these purposes the master will be obliged to incur expense, of which some part, such as the cost of repairing the ship, will be for the benefit of the shipowner; part, such as the warehousing expenses, will be for the benefit of the cargo-owner; and part, such as the port charges incurred in order to enter the port of refuge, are for the common benefit and safety of ship and cargo. Again, in a See also:

• STORM (in O. Eng..storm, and so in Du. and Low Ger.; in O. H. Ger. and mod. Ger. Sturm; the root is probably that seen in " stir," to rouse, move, disturb, cf. Ger. storen)
• STORM, THEODOR WOLDSEN (1817-1888)

See See also:

• CARVER, JOHN (x575?-1621)
• CARVER, JONATHAN (c. 1725-1780)