voyage, not in writing, but acted upon by the parties, is equivalent to a charter-party. 3°. The contract of affreightment, in its usual form, contains the following specifications, viz.:a. The name and burthen of the vessel. b. The name of the master. c. The names of owner and freighter. e. The freight agreed upon. f. The stipulation that the affreightment is h. The time appointed for the payment of When the whole of a ship is freighted, the cabin is not included therein. The master is, however, not allowed to load any merchandise in the cabin for himself or others, without the freighter's leave, on pain of costs, damages and interest. 4°. Where no time is limited by the charter- Lay-days and party from which the demurrage is to be reckoned, demurrage. it is generally reckoned from the time of the ship's arrival at the ordinary place of discharge, according to the usage of the port. According to this usage, the question is also decided, in cases not provided for in the charter-party, if Sundays are to be computed in the calculation of the lay-days, or whether the lay-days mean only working days. When one part of the cargo is to be shipped or discharged in one place and another part at another place, the time allowed for lay-days is suspended, during the voyage or removal of the Capacity of the ships. Time and ing and payment. vessel from the one place to the other. This holds good also in case the vessel should, for the purposes of navigation, discharge some of her cargo in lighters, as the lay-days are to be calculated from the period of the vessel's arrival at the selected or usual place of discharge. After the voyage has begun, the time allowed for lay-days and all that regards the liability for demurrage, questions of release from that liability and the modes of suing for demurrage are to be determined by the law or custom of the respective place, i. e. the lex loci executionis or the lev fori, in all cases not fixed by the charter-party. 5°. The voyage is considered to have begun as soon as the ship has left the place where she commenced loading, or, if going in ballast, when the ballast has been taken in; with observance, however, of the stipulations mentioned in subsection 4°. 6°. The owner or master who has stated the mode of charter measurement or capacity of the ship to be greater than it really is, is obliged to bear a proportionate reduction of the freight, and to indemnify the freighter for costs, damages and interests. Where the statement does not exceed the actual capacity of the ship by more than one fortieth part, the difference is not taken into consideration. 7°. If the time and mode of payment of the freight are not fixed by the charter-party, payment can be claimed immediately upon delivery of the goods loaded. 8°. Ships may be chartered by the voyage, or by the month, or in such other manner as parties may agree upon. If a ship is chartered by the month, and no agreement to the contrary is made, the contract begins with the day of departure or the beginning of the voyage, (as stated in sub-section 50.), and the time of computation continues for the whole course of the voyage and during all unavoidable delays. * Obligations of $72. The principal legal rights and obligations Rights and of parties to the contract of affreightment are the parties to the following. 1°. When the freighter has not made any use of the time, allowed him by the respective lex mercatoria or by the charter-party, for loading, the owner is entitled, at his option, either to the indemnity fixed by the charter-party for the time which he waits, beyond the period allowed, (or, -if not fixed-to claim such indemnity on an estimate by experts) or, to hold the contract of affreightment and charter-party to be broken, and claim from the freighter one half of the freight agreed upon; or, within the time fixed by law, after having given due notice, to undertake, without cargo, the voyage for which the ship has been chartered, and, after the performing thereof, claim from the freighter, the full freight due, and demurrage, if any has taken place. 2°. If the freighter has only employed part of the time allowed for loading, the owner has the choice, to claim the indemnities mentioned above, or to perform the voyage partly loaded in the manner indicated. 3°. When the ship, having undertaken the voyage partly laden or without any cargo, meets with any casualty on the voyage, whereby expenses are incurred, which, on a full laden ship, would have to be borne as general average, the owner is entitled to claim from the freighter two thirds of the amount of such expenses on what has not been laden. * LEONI LEVI. Intern. Comm. Law, Vol. II. Chapt. XXII. page Contract of affreightment. 4°. The owner is entitled to one half of the freight fixed by the charter-party, if the freighter gives up the voyage before the expiration of the lay-days allowed, without having laden any cargo on board. 5°. In cases which give the owner the right to perform the voyage partly loaded or without cargo (mentioned in sub-section 1°), he is at liberty, without the freighter's consent, to let the master load merchandise from other parties, as security for the freight and average. The freighter becomes then entitled to the benefit of the freight of such goods, besides being released from the liability of average in proportion in proportion as such comes on the goods. 6°. When the freighter ships more goods than was stipulated by the charter-party, the owner is entitled to the freight of what has been shipped in excess, in proportion to the rate fixed by the contract of affreightment. 7°. The owner, not having the ship ready at the time fixed by the contract, or not delivering her actually ready to load, is liable, on behalf of the freighter, for indemnification of costs, damages and interest. 8°. The freighter is bound to deliver to the owner or master all papers and documents required by the law for the conveyance of merchandise. within twice four-and-twenty hours after loading, if this has not been otherwise agreed upon. In default thereof the freighter is liable for indemnification of costs, damages and interest, and the owner or master can, according to the circumstances, moreover be authorized by judicial authority, to unload those goods. 9°. When a ship is laying on for a general cargo, the owner or master is at liberty to determine how long he shall wait for cargo. That time having expired, the master is bound to avail himself of the first fair wind, tide and opportunity to depart, unless he should be able to agree with the shippers about a further delay. 10°. When a ship is laying on for a general cargo without a time being fixed for loading, every shipper is at liberty to unload his goods again, without payment of the freight, but on restitution to the master of the bills of lading, signed by him, and on sufficient guarantee for all claims if one or more of them should have been despatched; besides the payment of the charges incurred or to be incurred by the loading and unloading. If, however, the ship has already taken more than one half of her cargo on board, the captain is bound to avail himself of the first favourable wind, tide and opportunity to depart, eight days after being summoned thereto, if the majority of the shippers desire it, in which latter case no shipper has a right to take back his goods (§ 73, 5). 11°. When a ship is detained either at her departure, or during the voyage, or at the place of discharge, by the fault or neglect of the freighter or one of the shippers of the cargo, the freighter or such shipper is bound to indemnify the owner or master and the other shippers for costs, damages and interest occasioned thereby; for which indemnity the merchandise shipped by him is liable. 12°. The owner or master is bound to indemnify the freighter or shippers of cargo for all costs, damages and interest, if the ship is seized or detained at her departure, during the voyage, or at the place of discharge, through his fault or neglect. 13°. If the owner sustains any loss in this respect by the fault or neglect of the master, he recovers it from the same. |