It is the duty of the captain to prepare without delay to deliver the cargo, but he is not bound to give a notice to the merchant that the ship is ready to discharge, although it is very desirable that he should do so. It is the duty of the merchant to watch for the arrival of the ship.

Before commencing to unload, the captain should see the bill of lading held by the person claiming the cargo, and that it is properly indorsed. It would be well for the captain to make on the back of his own copy of the bill of lading a copy of all indorsements (if any) which are on the back of the bill of lading which is produced to him. The captain is not bound to deliver the cargo unless the bill of lading is produced by the person claiming the cargo. If the consignee cannot produce the bill of lading, the captain is however justified in delivering the cargo to him if he gives a proper indemnity to save the captain harmless against all other claims, and such consignee is a substantial and respectable person. (See Appendix of Forms).

If the bills of lading are presented to the captain by two different claimants of the cargo, he is justified in delivering the cargo to the person who first presents a properly indorsed bill of lading. It is not the captain's duty to inquire or decide who has the best right, but he should, if possible, get an indemnity from the claimant to whom he delivers the cargo, agreeing to protect him against all other claims. (See Appendix of Forms). If such indemnity be not forthcoming, the captain should land and warehouse the goods in his own name, as security for freight and charges.

If the ship has met with heavy weather, and the captain suspects the cargo to be damaged, he should have the hatches, cargo, and damage properly surveyed by practical men, and obtain a written report from them before interfering with the cargo, and he should note a protest at the earliest opportunity.

FOUL BERTHS.

The captain is not bound to take his vessel to a place which is not safe and convenient, and where her safety would be imperilled, and if a dock company or harbour commissioners, or their officers, place a ship in a berth where the ground is uneven, and not in a proper condition to receive vessels, they are liable to make good all damage which may be caused by the bad berth.

If one vessel gives another a foul berth, whereby damage is caused, the owners of the vessel at fault are liable to an action for the amount of the damage, unless the ship has been moored under the direction of the harbour-master or his deputy, and then she is released from all responsibility for the consequences, if any damage occurs from her being moored in an improper place.

DELIVERY OF THE CARGO.

THE shipowner or captain is not bound to give notice to the consignee of the arrival of the ship (unless that has been agreed in the charter); but the consignee is bound to watch for the arrival of the ship, and be ready within a reasonable time after her arrival to unload her. If, however, the captain is aware of the name and address of the consignee, it is as well for him to give notice as soon as he reasonably can of his arrival.

If the ship is to discharge at a certain place, "or so near thereto as she may safely get," that means so near as she can safely get, unless she is prevented by some permanent obstruction. If the ship can get to the place named at a suitable tide, she will have to wait till the tide suits without receiving any demurrage, and the lay days will not begin to run till she arrives at the place named.

If the charter requires the ship to unload at a wharf, that has been held to mean alongside the wharf, and the ship may have to wait until the tide suits before the lay days begin.

The consignee, however, has not a right to order the ship to discharge at any place, excepting the usual and customary places of discharge in the port, unless otherwise stipulated in the charter, or at a place which can only be reached during a few days in each year. The consignee is entitled to have a reasonable time allowed him to receive the goods from the ship's side, unless there is some custom, or some express agreement in the bill of lading, to the contrary, and he is bound to receive it according to the custom of the port and the usage of the trade.

If it is necessary to discharge the cargo into lighters, it is the duty of the consignee to send the lighters. In London, by the custom of the port, if the cargo is discharged into lighters, the captain is bound to take care of the goods till the lighter is filled, and after that it is at the risk of the consignee, if it is he who provides the lighters. But if the lighters are employed and paid for by the shipowner, then he will be responsible to the consignee for any damage which may occur

to the cargo on its road from the ship to the shore, and the lighterman is responsible to the person who employs him for all damage the goods may sustain while they are under his charge. Lightermen are subject to all the same responsibilities as common carriers.

As the captain has a lien on the cargo for the amount of the freight, he should, before delivering up the whole of the cargo, obtain payment of the freight, if it has to be paid in cash, or if it is to be paid by bill, he should get a proper bill, according to charter.

If the captain has signed bills of lading, acknowledging the receipt of goods which were never shipped, his owners will not be bound by that; they will only be responsible to the consignee for such goods as have been actually put on board, as the captain has no implied authority from the owners to sign for more goods than he actually receives. But the quantity named in the bill of lading is conclusive against the captain (personally) who signs the bill of lading, unless the holder or consignee had actual notice at the time he received the bill of lading that the goods had not, in fact, been put on board. But the master may exonerate himself from this liability if he can show that the error was caused by the fraud of either the shipper or the consignee. The captain should get an accurate receipt for all goods delivered, and have an exact account kept of all goods put out of the ship.

If any general average contribution is due from the cargo, the captain has also a lien on the cargo for that amount, and if the parties are beyond the jurisdiction of the English Courts, or in insolvent, or doubtful, circumstances, he should get it paid in cash, if possible. If the average cannot be at once adjusted, and therefore cannot be paid in cash, the captain, before he parts with the cargo, shall get a proper security from the receiver of the cargo, guaranteed, if necessary, by some responsible person, agreeing to pay the amount as soon as it can be adjusted. If the captain delivers it to the consignee without obtaining from him the amount of such contribution, he must then look to the shipper or owner of the goods for payment, and not to the consignee.

If the bill of lading is not produced, the captain may, after waiting a reasonable time, deliver the goods on the shore, or at a wharf, to

some third person, to keep until the bill of lading is produced; and, in discharging cargoes at ports in the United Kingdom, further powers are given to the owners and captains of ships by Section 493 of the Merchant Shipping Act, 1894. Under that section, if the owner of any goods imported from abroad does not enter the goods at the Custom House, or take delivery of them, the shipowner may, at any time after the time named in the charter or bill of lading, for delivery of the goods, or if no time is named, then at any time after seventy-two hours, exclusive of Sundays and holidays, after the report of the ship at the Custom House :

1. Enter the said goods at the Custom House.

2. Afterwards land them on the wharf or in the warehouse named in the charter or bill of lading, if there is room there. If there is no particular wharf named, or if there is no room there, then he can land the goods at any wharf where such goods are usually landed.

If the consignee has not taken delivery of the cargo on expiry of the lay-days, the captain should give him notice of such expiry, and that the ship is on demurrage, with an intimation that if delivery is not taken before expiry of the demurrage days he will land and warehouse the cargo in his own name, as security for freight, &c.

DAMAGE TO THE CARGO.

As a general rule, the shipowner is bound to deliver the cargo in as good a condition as it was in when it was delivered to him, and it is the duty of the master to take all possible care of it. If he neglects to do so, the shipowner will be liable for all damage which is caused by the negligence or misconduct of himself. or his captain, or crew, even if the bill of lading says he is not to be liable for any damage. If the cargo has received damage, prima facie the shipowner is liable and it will rest with him to prove that the damage was not caused by the fault of himself, or the ship, or any of his crew; therefore if anything has occurred which may have damaged the cargo, the captain should be careful to have both the damage, and also the hatches, stowage, and dunnage, &c., properly surveyed by competent persons.