CHARTER-PARTY. A contract of af freightment, by which the owner of a ship or other vessel lets the whole or a part of her to a merchant or other person for the con veyance of goods, on a particular voyage, in consideration of the payment of freight.
The term is derived from the fact that the con tract which bears this name was formerly written an a card (charta-partita), and afterwards the card was cut into two parts from top to bottom and one part was delivered to each of the parties, which was produced when required, and by this means counterfeits were prevented. Abb. Ship. 175; Po thier, Traita de Charte-partie, gives this explana tion taken from Boerius; "It was formerly usual in England and Aquitaine to reduce contracts into writing on a chart, divided afterwards into two parts from top to bottom, of which each of the con tracting parties took one, which they placed together and compared when they had occasion to know the terms of their contract." It is in writing not generally under seal, in modern usage ; 1 Pars. Adm. & Sh. 270 ; In re Cloherty, 2 Wash. 145, 27 Pac. 1064 ; Brown v. Ralston, 4 Rand. (Va.) 504 ; but may be by parol ; Ben. Adm. 287; Taggard v. Loring, 16 Mass. 336, 8 Am. Dec. 140 ; Muggridge v. Eveleth, 9 Mete. (Mass.) 233 ; The Phebe, Ware 263, Fed. Cas. No. 11,064 ; ' The Tribune, 3 Sumn. 144, Fed. Cas. No. 14, 171. It should contain, first, the name and tonnage of the vessel; see Johnson v. Miln, 14 Wend. (N. Y.) 195 ; Ashburner v. Balchen, 7 N. Y. 262 ; second, the name of the tain ; 2 B. & Ald. 421; third, the names of the vessel-owner and the freighter ; fourth, the place and time agreed upon for the load ing and discharge ; fifth, the price of the freight ; Kleine v. Catara, 2 Gall. 61, Fed. Cas. No. 7,869 ; sixth, the demurrage or in demnity in case of delay ; 9 C. & P. 709 ; Clendaniel v. Tuckerman, 17 Barb. (N. Y.) 184 ; Lacombe v. Waln, 4 Binn. (Pa.) 299 ; Brown v. Ralston, 9 Leigh (Va.) 532 ; Towle v. Kettell, 5 Cush. (Mass.) 18; seventh, such other conditions as the parties may agree upon ; 13 East 343 ; Bee 124. The owner who signs a charter-party impliedly warrants that the vessel is commanded by competent officers ; Tebo v. Jordan, 67 Hun 392, 22 N. Y. Stipp. 156. One of the conditions implied in a charter-party is that the vessel will commence the voyage with reasonable dili gence; waiting four months violateS the con tract ; Olsen v. Hunter-Benn & Co., 54 Fed.
530.
It may either provide that the dharterer hires the whole capacity and burden of the vessel,—in which case it is in its nature a contract whereby the owner agrees to carry a cargo which the charterer agrees to pro vide,—or it may provide for an entire sur render of the vessel to the charterer, who then hires her as one hires a house, and takes possession in such a manner as to have the rights and incur the liabilities which grow out of possession. See 8 Ad. & E. 835; Palmer v. Gracie, 4 Wash. C. C. 110, Fed. Cas. No. 10,692 ; Hooe v. Groverman, 1 Cra. (U. S.) 214, 2 L. Ed. 86 ; Lyman v. Redman, 23 Me. 289 ; Clarkson v. Edes, 4 Cow. (N. Y.) 470 ; The Volunteer, 1 Sumn. 551, Fed. Cas. No. 16,991; Ruggles v. Bucknor, 1 Paine 358, Fed. Cas. No. 12,115. If the object sought can be conveniently accomplished without a transfer of the vessel, the courts, will not be inclined to consider the contract as a demise of the vessel ; U. S. v. Cassedy, 2 Sumn. 583, Fed. Cas. No. 14,745; Sweatt v. R. Co., 3 Cliff. 339, Fed. Cas. No. 13,684 ; Hooe v. Groverman, 1 Cra. (U. S.) 214, 2 L. Ed. 86; Reed v. U. S., 11 Wall. (U. S.) 591, 20 L. Ed. 220 ; Work v. Leathers, 97 U. 'S. 379, 24 L. Ed. 1012.
When a ship is chartered, this instrument serves to authenticate many of the facts on which the proof of her neutrality must rest, and should therefore be always found on board chartered ships ; 1 Marsh. Ins. 407.
Unqualified charter-parties are to be con strued liberally as mercantile contracts, and one who has thereby charged himself with an obligation must. make it good unless pre vented by the act of God, the law, or the other party ; The B. F. Bruce, 50 Fed. 118. A charter-party controls a bill of lading in case of conflict between them; Ardan S. S. Co. v. Theband, 35 Fed. 620. In construing a charter-party, matter expunged from a printed form may be considered in determin ing the intention of the parties; One Thou sand Bags of Sugar v. Harrison, 53 Fed. 828, 4 C. C. A. 34. See INTERPRETATION. Quar antine regulations which interfere with the charter engagements of a vessel are fairly within the clause excepting liability for sults caused by restraints of successor; The Progreso, 50 Fed. 835, 2 C. C. A. 45.