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storms or gales encountered, protesting that any damage that may have occurred was caused by winds, bad weather, &c.
An instrument of protest can be extended in the proper form when the nature and amount of damage is ascertained. If a survey has been called, which in a foreign port should consist of two masters of vessels, the survey-report must particularize the goods damaged, mentioning their marks, numbers, &c. and being signed, must be given to the master of the vessel.
Freight is the sum paid by any merchant or other persons hiring a ship or part of a ship, for the hire of such ship or part, during a specified voyage, or for a certain fixed time.
Freight may be contracted to be paid by the voyage, by the month, or other time, or by the ton, and is usually fixed by the charter-party, or bill of lading; where no formal stipulations have been made, it would be due according to the custom of the trade in which the ship is employed.
As a general rule, no freight is due, unless the voyage has been performed, and the goods delivered at the port of destination, according to the contract; but with respect to living animals, men or cattle, which may die on a voyage, it is ruled that freight is due for dead and living, if no stipulation has been made in respect to them; if however, the con
} tract is for transporting them, no freight is due for those dying on the voyage, as the contract is not performed; on the other hand, if the agreement is for the lading, then freight is due for dead and living.
If the whole ship is hired, and the freight is to be paid as a gross sum, the whole freight is due, although the freighter does not fully load the ship; or when the freight is to be paid at so much per ton, and the contract is for a full cargo, freight will be according to the real burden of the ship, although there may have been an error in the contract in describing the ship of less burden than she really is.
When freight is to be paid at a fixed sum for the whole voyage, the owners take on themselves the chance of the voyage being long or short; but when the freight is to be paid at so much per month or week, of the voyage, the risk of the duration falls on the freighter, who must pay for the whole time occupied, commencing from the day the vessel breaks ground, (whatever obstructions or delays may afterwards occur, provided they are not occasioned by the neglect or fault of the owners or master,) until she arrive at the port of destination.
If freight is stipulated to be paid only on the delivery of the cargo, this must take place before the freight can be demanded.
If by the charter-party a ship is to sail from one port to another, and thence back to the first, the whole being one voyage, no freight is due unless the whole voyage has been performed, although the ship might have delivered her cargo at one port, and she is only lost on returning to the place whence she started; but if the outward and homeward voyages are distinct, and the first only is performed, the ship being lost on the homeward voyage, freight is due for the first.
If the cargo or any portion of it is damaged, through the fault or negligence of the master or crew, the charterer is entitled to compensation, being the amount of depreciation in the value of the goods, less freight; if however, the
damage arises from circumstances over which the master has no control, freight is due, and no compensation for damage is allowed.
The right of a merchant to abandon his goods for freight when they have been damaged, has never been claimed in Great Britain; no freight is due in the event of a total loss.
If a portion of a cargo has been thrown overboard for the preservation of a ship, and she afterwards arrive at the port of destination, the value of the rejected cargo is to be answered to the charterer by way of general average, and the value of the freight thereof allowed to the owner. If the master is compelled to sell a part of the cargo for supplies or repairs, the owner must pay to the merchant the market price the gonds would have brought at the place of destination.
If it is found that the ship is disabled and cannot proceed to the port of destination, and the master declines to tranship the cargo, and the merchant does not require him to do this but accepts the goods at the intermediate port, then freight is due according to the proportion of the voyage performed; if the master provides another ship for the transmission of the goods, he will be entitled to the whole freight originally contracted for, although by the second conveyance the goods may be carried for less than that freight; if the freighter will not consent to the goods being forwarded, the master being ready to do so, he will be liable for the full freight of the whole voyage.
If a consignee receive goods in accordance with the usual bill of lading, he is liable for the freight; but a person acting as agent for the consigner, it being known to the master that he acts in that capacity, is not liable.
If a ship under a charter-party, is sold before the voyago commences, the purchaser is entitled to the charter, but if a vessel is sold during a voyage, the original owner is entitled to it.
When the time and manner of paying freight is mentioned in the charter-party or in any other written contract, the stipulations must be respected.
A master cannot retain the cargo on board, until the freight is paid.
BILLS OF LADING.
A Bill of Lading is a formal receipt signed by the master of a ship, acknowledging that he has received on board the goods specified on it, and binding himself (under certain exceptions,) to deliver them in like good order as received, at the place, and to the individual named in the bill, on the payment of the stipulated freight. The terms of the exceptions above mentioned, are as follows;_" the act of God, the Queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever excepted,” and in the case of ships homeward bound from the West Indies, which send their boats to fetch the cargo, there is further added, " save risk of boats, so far as ships are liable thereto."
The bills of lading determine the contents of the cargo of a ship.
The master should not sign bills of lading, until the goods are delivered, and on board, and he is satisfied of their condition.
When a ship is hired by a charter-party, the bills of lading are delivered by the master to the person to whom the ship is
chartered, but in a general ship, (i. e. a ship in which goods of many different parties are laden,) each person sending goods on board, receives a bill of lading for the same.
It is usual to make out three bills of lading, each of which must be stamped: one for the shipper, another for the consignee or agent, or purchaser, (this is sent by post), and the third is retained by the master for his use and guidance.
Bills of lading are transferable by indorsation, and the master must deliver the goods to the holder of the bill who has acquired a legal right to it.
An Invoice is a description of goods sold or consigned, with an account of the cost and charges. A shipping or exportation invoice gives an account of the goods, the name of the vessel and of the master, the port of destination, the name of the consignee, the description of goods with the cost and charges and a specification of the account on which the goods are sent.
A Manifest is a document signed by the master at the place of lading, and sets forth the name and tonnage of the ship, the name of the master and of the place to which the ship belongs—of the place or places where the goods are shipped—and the place or places for which they are respectively destined; it must give a particular account and