Freight

Merchandise transported or to be transported; also, compensation for that service. In its widest sense, may include fare, for it is that " with which anything is fraught or laden for transportation; " and, by a figure of speech, the price paid for the transportation.2 The burden or loading of a ship, or the cargo which she has on board; likewise, the hire agreed upon between the owner or master of a vessel for the carriage of goods from one port or place to another.' Goods carried; and the price to be paid for the carriage, or for the hire of a vessel under a Charter-party or otherwise.4 Compensation for the carriage of goods.^ In policies of marine insmance, freight means the earnings or profit derived by the ship-owner or the hirer from the use of the ship himself, or from letting it to others, or from carrying goods for others. Does not include cargo or goods laden on board, which are insured under the term goods, cargo, merchandise, or word of like import; nor profit which the owner of the cargo expects to derive from the transportation."

Afireightment.

The contract for the use of a vessel. Dead freigM. Money paid or due for unoccupied capacity in a vessel.' The amoimt of freight to be paid rests upon contract expressed in the charter-party or bill of ladmg, or else is implied in law — for a reasonable sum. ' In the absence of a different stipulation, freight is only payable when the merchandise is in readiness 1 2 Bl. Com. 120; 80 Va. 844. 'Pennsylvania R. Co. v. Sly, 65 Pa. 211 (1870), Sharswood, J. s [Brittan v. Bamaby, 21 How. 533 (1858), Wayne, J. • [Lord V. Neptune Ins. Co., 10 Gray, 112 (1857), Shaw, 0. J. See also 1 Mas. 18; 3 id. 344; 1 Sprague, 819; 1 Ware, 138; 13 East, 335; L.B., 7 C. P. 348. » Palmer v. Grade, 4 Wash. 123 (1821). « [Minturn v. Warren Ins. Co., 8 Allen, 91 (1861), Bigelow, C. J. ' See Gray v. Carr, L. B., 6 Q. B. *528 (1871); Phillips to be delivered to the person having the right to receive it.i Freight pro rata itineris not being earned where, from necessity, cargo is accepted before arrival at the port of destination, in a case of average, there can be no contribution on it.^ Freighter. He who loads a vessel, under ■a contract of hire or of affreightment. ^ The ship-owners undertake that they will carry the ^oods to the place of destination, unless prevented by the dangers of the seas, or other unavoidabte casualty; and the freighter undertakes that, if the goods be delivered at the place of destination, he will pay the stipulated freight.. If the ship be disabled from completing her voyage, the owner may still entitle himself to the whole freight by forwarding the goods •by some other means to their destination; but he has -no right to any freight if they be not so forwarded, unless the forwarding be dispensed with, or there be a mew bargain made. If the ship-owner will not forward i^em, the freighter is entitled to them without paying anything. The general property in the goods is in the freighter; the ship-owner has no right to withhold the possession from him, unless he has either earned his freight or is going on to earn it.* See Average; Charter, 1, Party; Commerce; Dispatch; Frais; Insurance, Marine; Lading, Bill of; Restitutio; Seaworthy.