An Epitome of the Law Relating to Charter-Parties and Bills of Lading (Paperback)

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: CHAPTER III. When on Arrival of Ship Charterers claim Benefit of Charter- Party?Courts very disinclined to grant Injunct1ons except to do a positive Act?The Case of Rntherfield Co. . Tweedie?All Charter-Parties to be Stamped?The Main Rule derived as to Interpretation of Cesser Clause in Charter-Party?The word "Demurrage": what it properly signifies?Judgment of Bowen, L.J., in Clink v. Radford on the term " Demurrage "?Judgment of Fry, L.J., in same Case as to Rule of Construction of Cesser Clause in Charter-Party. IF, on the arrival of a ship, it has turned out to be for the interest of the charterers to claim the benefit of the charter-party, they sign the document in their possession and procure the benefit of it. If, on the other hand, the speculation has turned out a bad one, they may say there is no charter-party, and may thereby embarrass the defendant in proving the case against them. The courts are (and always have been) very disinclined to grant injunctions in a form which has no meaning, except so far as they compel a party to do a positive act. The burden is on the defendant to prove that any part of the goods belongs to him when filling the two characters of master and part owner of the ship, and, therefore, being in the latter character one of the parties to the contract. Assuming that the ship goes out with a cargo of prunes,and she returns to this country with a cargo of prunes, the ship and cargo will be regarded, prima facie, as having arrived in fulfilment of the contract. The captain of a vessel is not generally allowed to make any profit by the use of the ship. If he attempts to do so the owners may claim the profits which have so been made, for by seeking to take the benefit of the ship he has placed himself in a situation adverse to his duty, which i...