Purchasers of cargo from a captain cannot justify the sale unless it is established that the master used all reasonable effbrts to have the goods conveyed to their destination, and that he could not by any means avail able to him carry the goods, or procure the goods to be carried, to their destination as merchantable articles, or could not do so without an expenditure clearly exceeding their value after their arrival at their destination.
Delivery.--A captain would be justified in reasonably putting back for the purpose of ascertaining whether a war had been declared, and would be guilty of no improper deviation or delay in so doing ; if he did not proceed to the port of destination in consequence of war having been declared, delivery at the port to which he had put back would be sufficient delivery, although not in accordance with the terms of the charter-party. Should the captain receive credible information that if he continued in the direct course of his voyage his ship would be exposed to some imminent peril, he is justi fied in pausing and deviating from 'the direct course, and taking any steps that a prudent man would take for the purpose of avoiding the danger. In such cases the shipowner would not be liable in damages for breach of contract.
There is a very frequent stipulation in a contract of affreightment, by which one party is held liable to the other in case the former delays the ship, e.g. when unloading, beyond a certain number of clays known as ]ay days. Such a liability is one for DEMURRAGE (q.v.). Delivery is com plete when the shipowner has brought the ship to the place of delivery, and placed the cargo on the rail of the ship in such a position that the charterer can take it.
If the consignee does not take delivery of a cargo of imported goods within the time mentioned in the contract of carriage, or if no time men tioned, within seventy-two hours, excluding Sundays and holidays, from the time that the ship is reported, the captain is bound by statute to land and warehouse them. If he has any lien thereon he must give written notice thereof when warehousing, and the goods will not be delivered up until the lien is discharged, or a deposit made sufficient to cover the lien claimed. If the goods are not taken out of the warehouse within ninety days they may be sold 'by public auction, and the proceeds applied to the expenses and the discharge of the lien. See AFFREIGHTMENT ; BILL OF LADING; CARRIERS.
Form of Charter-Party.