ing the certificates of survey, effected before the departure (§ 68, 5). 17°. If the master has been under the necessity of selling goods, as stated in paragraph 69, subsection 1°., the freight for these goods is due in full, if the ship arrives safely, or if she be lost, in proportion to the part of the voyage performed. 18°. Freight is also due for the goods which, for the general safety, have been jettisoned, and which are indemnified by the general average in conformity with the lex loci executionis or the lex fori. 19°. No freight is due for goods lost by shipwreck, stranding or through other inevitable. causes, or when the vessel is taken by pirates or enemies. The freighter can even claim the restitution of what has been paid in advance, if no agreement to the contrary has been made. 20°. Ship and cargo being ransomed or redeemed, or goods saved after shipwreck, the freight thereof is due,-for as much as the voyage cannot be completed,-up to the place where the ship has been taken, or where she has been wrecked, in proportion to the freight agreed upon. If the ransomed or redeemed goods are delivered by the master at the place of destination, the owner or master is entitled to the full freight. In the cases provided for above, the owner or master contributes to the costs of ransom or salvage by way of general average. 21°. No freight is due for goods which, having belonged to the cargo of a ship, are fished up or rescued at sea or on the coast, without the master's action and afterwards delivered to the parties concerned. 22°. The owner or master has the right to compel the freighter or consignee of the cargo to discharge, against payment of the freight and . average due to him, when the time stipulated by the charter-party or by the law for unloading has expired. 23°. If the lay-days have expired, or if a difference about the unloading arises, the owner or master is justified, after having obtained judicial authority, to discharge the cargo, and to place it under the care of a third person appointed for the purpose, without prejudice to his claims on the same. 24°. The owner or master may not retain the goods on board for the freight, charges and general average. He has the right to require their being warehoused and placed under the care of a third person, until payment of the freight, charges and general average, and, in the case of perishable goods, he may require their being sold. If the general average cannot speedily be estimated, he is entitled to require the deposit in Court of an equitable sum, to be fixed by the Court for the same. 25°. If the master has delivered the goods without having received payment of freight, average and other charges, or without availing himself of the means of security, allowed by the laws of the place of discharge (the lex fori), he looses his claim on the freighter or shipper, in case the latter shows that he has settled the amount thereof with the receiver of the goods, or would be unable to obtain its restitution in consequence of his failure. 26°. If the consignee refuses to receive the goods, the owner or master is qualified, on being judicially authorized, to sell part, or if necessary, the whole of the goods, to the amount of the freight, charges and average, provided he deposits the remainder in Court, and without prejudice . to his claim on the freighter or shipper for any deficiency. 27°. Owners or masters have a prior claim on the goods shipped in their vessel, before all other creditors, for freight, charges and average, during twenty days after the delivery (or otherwise as stipulated by the lex fori) if they have not passed into the hands of a third person. 28°. In all cases where the freight has been stipulated by number, weight or measure, the owner or master has the right to require the counting, weighing or measuring immediately on the discharge ($ 68, sub-section 37°.) 29°. If in the case mentioned above in subsection 28°., the goods are delivered from on board without counting, weighing or measuring, the receiver of the same is entitled to prove the identity, number, measure or weight of the goods, even by testimony of the persons whom he has employed to receive and store them. 30°. If damage, deterioration, robbery or diminution of the goods is suspected, the master, consignees or parties concerned, are, respectively, entitled to require a legal investigation, survey and valuation of the loss, before, or at the discharge. Such requisition, though being made by the master, does not prejudice his means of vindication. 31°. If the goods have been delivered from on board by the master, against a receipt or acquitted bill of lading, on which mention is made of their having been landed in a damaged, deteriorated, depreciated or diminished state, the consignee is entitled to procure evidence of their condition by a legal inspection, provided this be asked within twice four-and-twenty hours after the delivery, or within such other period of time as may be stipulated by the lex fori. Laws which govern the Contract of . 32°. If the damage or diminution is not visible outwardly, the legal inspection can take place, with legal effect, after the goods have been brought under the management of the receiver or consignee, provided this inspection be made, likewise, within twice four-and-twenty hours after the discharge, or within such other period of time as stipulated by the lex fori, and that the identity of the goods can be satisfactorily shown, as stated above in sub-section 29°., or by any other legal evidence, in conformity with the lex fori. 33°. The contract of affreightment having been fulfilled by owner and master on their part, the freighter cannot subsequently claim any reduction of freight. 34°. The shipper cannot under any circumstances abandon the goods for the freight. Casks, which have been filled with liquids, and which have leaked during the voyage, so as to be entirely or nearly empty, can, however, be abandoned for freight, average and charges. 35°. A vessel being chartered in a foreign affreightment. country, master as well as ship are subject to the lex loci contractus, or, in cases of self-jurisdicton, to the law of the flag of the vessel (Comp. §47). With regard to the discharge and in every thing which must be done in a foreign place, the master and vessel are subject to the lex loci executionis and the lex fori or to the law of the flag, in cases as mentioned above. * Dissolution of 36°. The contract of affreightment is legally afreightment. dissolved, without the parties having any claim on each other for freight or indemnity, if any of the *In several cases, contracts of affreightment, if not otherwise stipulated between parties, were held to be permanently governed by the law of the flag of the vessel. See judgment of the Exchequer Chamber delivered by Willes, J. in the case Lloyd v. Guibert. L. R. I. Q. B. 115; cited by J. A. FOOTE. Private Intern. Jurisprudence, 1878, pp. 315-326. following circumstances occur before the beginning of the voyage: a. That the departure of the ship is prevented 37°. The contract of affreightment can be annulled, at the requisition of one of the parties, when a war breaks out before the beginning of the voyage, in consequence of which ship and cargo, or either of them, can no more be considered as neutral property. Ship and cargo being both equally unfree, owner and freighter cannot claim any indemnity from each other. The charges incurred by loading and unloading are, however, for account of the freighter. If the cargo alone is unfree, the freighter pays to the owner all necessary disbursements for the fitting out of the ship for the voyage, together with the wages and board of the crew, paid by him up to the day on which the rescinding of the contract was required, or the goods already shipped were unloaded. If the ship alone is unfree, the owner or master pays all the charges of loading and unloading. |