If the merchant has unconditionally agreed to load a certain cargo, and it becomes impossible for him to do so, in consequence of some accident over which he has no control, still he is liable to pay damages to the shipowner for the non-fulfilment of his contract.

The agent of the charterer has not any implied authority as agent to arrange with the ship-master for substituting another voyage, or another cargo, in the place of the voyage or cargo named in a charter made by his principals. To empower him to do so, he should have an express authority to that effect from his principals. If the agent does alter the voyage or cargo without authority, his principal will not be bound by it.

The captain should not take on board more than the vessel is able to carry; and he should not take any contraband goods which may make the vessel liable to forfeiture or detention.

The charterer has no right to put any goods into the cabin, or to load the deck, unless that is specially agreed for, or unless a deck cargo is both lawful and customary. The expression "full cargo" in a charter does not include the cabin or the deck, but only the full range of the ship's hold, from bulkshead to bulkshead.

If freighted for a lump sum, and a deck-load is put on board when not provided for in the charter, extra freight will be payable for it; but deck-loads must not be taken during prohibited times; for instance, wood goods on deck to arrive in the United Kingdom between the last day of October and the 16th day of April; or during the times (if any) when they are prohibited by the conditions of the policy by which the ship is insured. The space occupied by deck cargo is liable to pay dues as ordinary stowage space of the ship.

If the merchant puts goods into the cabin, the shipowner will not be bound to accept freight for those goods at the same rate as is mentioned in the charter party; but he will be entitled to the freight at the current rate, or at such other rate as a jury may consider the extra accommodation to be worth.

While the cargo is being loaded, if the ship is in a bar harbour, the captain should see that she is not loaded so deep that she cannot go over the bar. He is not bound to receive any more cargo in port

than he can safely leave the port with, at a good tide; and, if necessary, the merchant is bound to load the remainder of the cargo in the roads; but if the captain consents to receive the cargo in port, and then tries to leave, but fails to do so for want of water, the cost of discharging a portion of the cargo, and reloading it from lighters outside the harbour, will fall on the ship, as the merchant is not bound to load the vessel twice.

If the merchant refuses to load a part of the cargo in the roads, when bound to do so, the captain should note a protest when the lay days are expired, and, if necessary, sail home with such cargo as he can safely leave the port with; and the merchant will be liable to pay dead freight for the remainder of the ship's capacity.

The captain, however, would not be justified in insisting on sailing to prevent his being neaped, but he would have to receive in the harbour as much cargo as he could leave the port with at a spring tide, unless an arrangement is made with the merchant to load a part of the cargo outside the harbour to save the tides.

If the merchant has agreed by the charter to supply a full cargo, he is bound to furnish whatever broken stowage is required to complete a full cargo, unless there is some customary mode of stowage at the port of loading which exempts the merchant from this liability. The shipowner is bound to accept broken stowage to fill up.

If the charter provides for a full cargo, and describes the vessel a little below her actual burthen, still the merchant is bound to supply her with a full cargo, provided the shipowner has not made any wilful misrepresentation of the size of the ship, and the merchant has had the opportunity of seeing the ship to judge for himself. Thus a ship was described to be of the burthen of 260 tons, but actually she could carry 400 tons. The merchant was held to be bound to supply as many goods as the vessel could carry with safety.

During the loading of the ship an accurate written account should be kept of the quantity of goods put on board—and, in discharging, of the quantity discharged-for use in case there is any dispute with the merchant. In the case of cargoes of grain, or other goods, which are liable to vary in their weight during the voyage, it is especially desirable that the captain should have a correct account (which he

or the mate is able to swear to) of the quantity of goods put on board; for the freight will only be payable on the quantity as ascertained at the port of loading, and not on the quantity delivered, if the cargo has increased in bulk during the voyage.

DAMAGED OR DANGEROUS GOODS.

The shipowner is not liable in respect of damage to cargo, unless it be proved to have been caused by "any actual fault" on his part. If, when presented for shipment, the captain suspects that the contents of any packages are damaged, he can demand to see the contents; but he is not justified in opening a package, except in the presence of the shipper or his agents.

If the merchant does not load the vessel with the same cargo provided by the charter, or if he load goods which are in a dangerous condition, or in a state which may be prejudicial to the owner's interest, the captain should refuse at the earliest opportunity to take such goods. If the merchant persists in loading goods not agreed for by the charter party, the captain should note a protest; or, if during the loading the merchant does anything which he is not justified by the charter in doing, and which may be injurious to the shipowner, the captain should at once send him a written notice, objecting to the irregularity, and stating that unless it is rectified the shipowner will claim damages.

If any goods are sent on board which are insecurely packed, the captain should either refuse to receive them, or state on the bill of lading the number and particulars of packages which are improperly packed.

If the goods are of a dangerous or destructive character, the shipper is bound to inform the captain or owner of their nature, and obtain his leave to send them on board. If he puts them on board without informing the captain or owner of their nature, he will be liable for any damage which they may do. By sections 446 to 450 of the Merchant Shipping Act, 1894, no person is entitled to require the master of any ship to carry any aquafortis, oil of vitriol, naphtha,

benzine, lucifer matches, petroleum, nitro-glycerine, gunpowder, and other explosives, or other goods of a dangerous nature; and if any person sends by any ship any such goods without distinctly marking their nature outside the package containing them, and giving notice in writing to the master or owner of the contents of the package, and the name and address of the carriers or senders thereof, before sending it to be shipped, he incurs a penalty of £100, unless he shows that he was merely an agent, and did not know that such goods were of a dangerous nature, when the penalty is £10. A person shipping any such dangerous goods under a false description incurs a penalty of £500, and the goods will be forfeited.

The master or owner may refuse to take on board any parcels which he suspects to be of a dangerous nature, and he may require the shipper to open them to ascertain the fact. The captain has power to have a suspected parcel opened, to ascertain whether it contains any dangerous articles, but if he does so, he should request the shipper or his agent, if possible, to be present at the time, and if they are found to be dangerous they may be thrown overboard without any liability to the master or owner for so doing.

RE-LANDING THE CARGO.

After the merchant has shipped goods, he has no right to require them to be unshipped until they arrive at their destination, unless he first pays the full freight on the goods and the cost of re-landing them, and also returns to the captain all bills of lading he may have signed for such goods, or, at his own expense, gives the captain a proper indemnity (which should be drawn out by the captain's solicitor) against all liabilities on such bills of lading. If this is not done, it is the captain's duty to retain the goods for the benefit of his owner, and to secure the freight which will be due upon them.

The merchant has no right, after the bills of lading have been signed, to change the destination of the goods without the captain's consent; but of course he can indorse the bills of lading, and make them deliverable to some other person; or, if the ship, after commencing her voyage, puts back in consequence of meeting with an

accident, by which the goods are damaged so much that they cannot be profitably carried to their destination, then the owner of the goods has a right to have them delivered back to him on his paying all charges due on them.

BREACH OF AGREEMENT TO LOAD.

As a general rule, if either the merchant or the shipowner has contracted to do anything which it afterwards becomes impossible for him to do, the party in default is liable to pay damages to the other, unless the failure to carry out the contract is caused by some subsequent circumstance which would make it illegal for him to comply with the terms of the contract (for instance, if war is declared with the country to which the vessel was chartered, then the merchant would be absolved from his contract, as it would be illegal for him to trade with an enemy).

If the merchant is not ready at the appointed time to load the vessel, the other party may, at the expiration of the time within which the charterer has undertaken to load the cargo, abandon the charter and seek another cargo, and then the shipowner will be entitled to recover from the merchant damages for the breach of the charter. If there is fear of the ship being frozen up by too long a delay, or if the merchant is insolvent, or may reasonably be suspected of being so, and he has loaded part of the cargo, but neglects or refuses to load the remainder, the captain should not wait an unreasonable time beyond the time stipulated for by the charter party, as he will not have any lien on the cargo for the demurrage, unless that is expressly stated both in the charter party and bills of lading, but he will only have a personal claim for it against the merchant. If he does not wait on demurrage he should note a protest, or give a formal notice to the merchant, demanding the remainder of the cargo, and after that he can either himself complete the loading of the ship with other goods; or, if they cannot be obtained, he can sail to the port of delivery with such cargo as he has already got, if that appears to him to be the most judicious course to adopt.