written, or partly written and partly printed contract, by which a ship is let or hired for the conveyance of goods on a specified voyage, or for a definite term in some particular trade. By the terms of this contract the owners declare the ship to be "tight, staunch, strong, and every way fitted for the voyage;" and they are accordingly liable in damages to the merchant or charterer, if the ship be unseaworthy, or if they fail to provide her either with any necessary equipment, or with the clearances or other documents legally required for the voyage. The shipowners are further bound to have the vessel ready to receive her cargo at the stipulated time; and they are responsible for the proper stowage of the goods received on board. On the loading being completed, the vessel must proceed without delay to her appointed destination; and should she unnecessarily deviate from the regular course of the voyage (a proceeding which might vitiate the merchant's insurances), the owners are legally liable for whatever damages the merchant may prove that he has thereby sustained. On arrival at the port of destination the goods are to be delivered "agreeably to bills of lading," the responsibility of the shipowners in this particular being limited by the usual exception against loss or damage by "the act of God, the queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation of whatever nature and kind soever." The freight payable to the shipowners is the amount specified in the charter-party, which may in certain cases be either more or less than the rates mentioned in the bills of lading; the charterer having usually the right of sub-letting the ship in part or in whole to other shippers, on terms agreed upon between themselves, and which it is customary to specify in their separate bills of lading, without prejudice to the original agreement. In such cases, however, the shipowners' lien on the goods for freight extends only to the amount specified in the bills of lading; and they must look to the charterer personally for any further sum which may be due to them.

The charterer, on his part, is bound to furnish the cargo at the port of loading, and to take delivery of the same at the port of discharge within specified periods, which are usually called "laydays." He may detain the vessel for a certain fixed time beyond the stipulated laydays on payment of a specified sum as "demurrage" for each day the ship is so detained. The laydays commence on the ship being ready to load or to discharge, even although it may happen from the port being crowded, or from similar causes, that she cannot at the time be placed in a berth where it would be convenient or even practicable for the merchant to begin these operations.

The vessel is not bound to proceed nearer to her port of loading and discharging than "she may safely get;" and this is held to mean that she is not bound to go nearer to a loading port than to the point from which she can safely get away again with her cargo on board. The charterer, therefore, must pay the expense of necessary lighterage in loading or discharging, unless there be a specific agreement to the contrary.

It is usual to insert in charter-parties a clause by which the parties bind themselves to fulfil their contract under a specified sum as penalty for non-performance; but the amount of this penalty is not the absolute limit of the damages which either party may be entitled to recover under any of the other conditions which may have been violated. See Carrier.

(J.W.—K.)