The charter-party dates from the day on which it is delivered or signed. The terms generally used may of course be varied no as to meet the intention of the parties. They cannot be altered or suppressed, or others added by any verbal statements, but they may be explained by evidence of the usage of trade in general, or of that particular trade in reference to which the charter-party is made. The chartcr-party also generally contains two covenants which seem to be wholly inoperative: one, by which the merchant binds himself and the carp; the other, by which the owner binds the ship and freight in a .al sum, for the performance of their respective covenants. In an •sction on the charter-party the actual damages proved will determine the amount to be recovered ; and they will neither bo limited nor extended by the penal sum named ; and although by the general maritime law the ship and freight might be made directly available, there are no means for accomplishing that object in this country. As to the cargo, It is always subject to the general law of lien, unless the parties by their contract expressly discharge it.
Under a contract of affreightment doubt often exists as to whether the goods conveyed are in the possession of the party entitled to the payment, and consequently there is doubt as to his having a lien on the goods. The question to be decided is whether the owner has parted with the possession of his ship. If he has entirely surrendered all control over the ship to the merchant who has chartered her, the merchant must be considered for the time as In possession of the ship. The goods on board, therefore, will be in his possession, not in the possession of tho actual owner, who accordingly under such circum 'stances will have no lien on the goods for the payment of the freight. lint it must clearly appear from the lariguage of the charter-party taken altogether, and explained by the circumstances of the employ ment of the ship, that it was intended that such a complete demise of the ship should be made, ono of the rules of construction being to interpret such instruments " agreeably to the nature of the contract that a prudent shipowner would make." The right of lien always exists where the freight is to be paid before or on the delivery at their place of destination of the goods, or even, as Lord Tcnterden himself decided (2 Barn. and Ald., 603), where there is " nothing to show that the .delivery of the good. was to precede the payment of that hire." All these difficulties may be avoided by inserting a clause in the charter-party expressly 'stating whether it is meant that the owner should have a lien upon the lading for his freight and expenses. The owner does not loft his right of lien by depositing the lading in a public warehouse, provided lie gives notico that it is to be detained until his claim for freight is satisfied.
If either party is not ready to perform the contract contained in the charter-party by the time agreed on, he is liable to an action for non performance of his contract, and the other party may form fresh con tracts with third persons.
The charter-party generally contains a clause by virtue of which the freighter is entitled to detain the ship n certain further number of days for the purpose of loading and unloading her, on payment of a fixed sum per day. This payment and the time during which it occurs are both called demurrage : see that article (Dr.alumuos].
When a ship or a principal part of it is not let out by charter-party, the owners contract with several merchants respectively for the con veyance of their goods. A ship so employed is called a general ship.
The terms of the contract appear from the instrument called a bill of lading, two or three of which are signed by the master after the ship has been loaded. If any notice or advertisement relative to the destination of the ship has been issued, care should be taken that theso are accurate, otherwise the owners may be liable for the consequences of the misstatement. The terms of the bill of lading must be made out according to the direction of the shipper, or, in case a receipt has been given snipe delivery of the goods on board, of the holder of the receipt. The form of a bill of lading is stated in a former article. [BILL Or LADINO.] The master on signing the bill of lading should not deliver it except in return for the receipt which he may have given for the goods. By the Bills of Lading Act (13 & 19 Viet. c. 111), every bill of lading in the bands of a consignee or indorsee for valuable consideration, repre senting goods; to have been shipped on board a vessel, shall be con clusive evidence of such shipment as against the master or other person signing the same, notwithstanding that such goods or some part thereof may not have been so shipped, unless such holder of the bill of lading shall have had actual notice at the time of receiving the same, that the goods had not been in fact laden on board ; provided that the master or other person so signing may exonerate himself in respect of such misrepresentation, by showing that it As caused without any default on his part, and only by the fraud of the shipper or of the holder, or some person under whom the holder claims. As between the master or owners and the shippers, the bill of lading is in the nature of a receipt, which is only evidence of the matters which it states, and is subject to be contradicted by proof of the real facts. In case of an action for any breach of their implied contract as carriers, against the master or owners, the party who 'Awns the goods mentioned in the bill of lading must be the plaintiff. This will be the consignee of the goods, unless the peculiar circumstances of the case are such as to deprive him of that character. If it is considered necessary to make any provisions relative to demurrage, they are generally inserted in the margin of the bill of lading.