Charter party

A charter party may be a contract for the lease of the vessel, or for a special service to be rendered by the owner of the vessel. Where, as is very frequently the case, the shipowner undertakes to carry a cargo, to be provided by the charterer, on a designated voyage, the arrangement is, in contemplation of law, a mere contract of affreightment. By such a charter, the shipowner is the carrier of the goods transported by the ship, 'for the reason that the charter party is a mere covenant for the conveyance of the merchandise or the performance of the stipulated service.

A contract of affreightment, by which the owner of a ship or other vessel lets the whole or a part of her to a merchant or other person for the conveyance of goods, on a particular voyage, in consideration of the payment of freight. 3 Kent, Comm. 201. The term is derived from the fact that the contract which bears this name was formerly written on a card, and afterwards the card was cut into two parts from top to bottom, and one part was delivered to each of the parties, which was produced when required, and by this means counterfeits were prevented; the card so cut being called charta partita.

A contract of affreightment, by which the owner of a ship or other vessel lets the whole or a part of her to a merchant or other person for the conveyance of goods, on a particular voyage, in consideration of the payment of freight The term is derived from the fact that the contract which bears this name was formerly written on a card (charta-partita), and afterwards the card was cut into two parts from top to bottom and one part was delivered to each of the parties, which was produced when required, and by this means counterfeits were prevented. Abb. Ship. 175; Pothier,- Traits de Charte-partie, gives this explanation taken from Boerius: "It was formerly usual in England and Aquitaine to reduce contracts into writing on a chart, divided afterwards into two parts from top to bottom, of which each of the contracting parties took one, which they placed together and compared when they had occasion to know the terms of their contract." It is in writing not generally under seal, in modern usage; 1 Pars. Adm. & Sh. 270; In re Cloherty, 2 Wash. 145, 27 Pac. 1064; Brown v. Ralston, 4 Rand. (Va.) 504; but may be by parol; Ben. Adm. 287; Taggard v. Loring, 16 Mass. 336, 8 Am. Dec. 140; Muggridge v. Eveleth, 9 Mete. (Mass.) 233; The Phebe, Ware 263, Fed. Cas. No. 11,064; The Tribune, 3 Sumn. 144, Fed. Cas. No. 14,- 171. It should contain, first, the name and tonnage of the vessel; see Johnson v. Miln, 14 Wend. (N. Y.) 195; Ashburner v. Balchen, 7 N. Y. 262; second, the name of the captain; 2 B. & Aid. 421; third,, the names of the vessel-owner and the freighter; fourth, the place and time agreed upon for the loading and discharge; fifth, the price of the freight; Kleine v. Catara, 2 Gall. 61, Fed. Cas. No. 7,869; sixth, the demurrage or indemnity in case of delay; 9 C. & P. 709; Clendaniel v. Tuckerman, 17 Barb. (N. Y.) 184; Lacombe v. Wain, 4 Binn. (Pa.) 299; Brown v. Ralston, 9 Leigh (Va.) 532; Towle v. Kettell, 5 Cush. (Mass.) 18; seventh, such other conditions as the parties may agree upon; 13 East 343; Bee 124. The owner who signs a charter-party impliedly warrants that the vessel is commanded by competent officers; Tebo v. Jordan, 67 Huh 392, 22 N. Y. Supp. 156. One of the conditions implied in a charter-party is that the vessel will commence the voyage with reasonable diligence; waiting four months violates the contract; Olsen v. Hunter-Benn & Co., 54 Fed. 530. It may either provide that the charterer hires the whole capacity and burden of the vessel, — in which case it is in its nature a contract whereby the owner agrees to carry a cargo which the charterer agrees to provide,— or it may provide for an entire surtakes possession in such a manner as to have the rights and incur the liabilities which grow out of possession. See 8 Ad. & E. 835; Palmer v. Gracie, 4 Wash. C. C. 110, Fed. Cas. No. 10,692; Hooe v. Groverman, 1 Cra. (U. S.) 214, 2 L. Ed. 86; Lyman v. Redman, 23 Me. 289; Clarkson v. Edes, 4 Cow. (N. Y.) 470; The Volunteer, 1 Sumn. 551, Fed. Cas. No. 16,991; Ruggles v. Bucknor, 1 Paine 358, Fed. Cas. No. 12,115. If the object sought can be conveniently accomplished without a transfer of the vessel, the courts will not be inclined to consider the contract as a demise of the vessel; U. S. v. Cassedy, 2 Sumn. 5S3, Fed. Cas. No. 14,745; Sweatt v. R. Co., 3 Cliff. 339, Fed. Cas. No. 13,684; Hooe v. Groverman, 1 Cra. (U. Si) 214, 2 L. Ed. S6; Reed v. U. S., 11 Wall. (U. S.) 591, 20 L. Ed. 220; Work v. Leathers, 97 U. S. 379, 24 L. Ed. 1012. When a ship is chartered, this instrument serves to authenticate many of the facts on which the proof of her neutrality must rest, and should therefore be always found on board chartered ships; 1 Marsh. Ins. 407. Unqualified charter-parties are to be construed liberally as mercantile contracts, and one who has thereby charged himself with an obligation must make it good unless prevented by the act of God, the law, or the other party; The B. F. Bruce, 50 Fed. 118. A charter-party controls a bill of lading in case of conflict between them; Ardan S. S. Co. v. Theband, 35 Fed. 620. In construing a charter-party, matter expunged from a printed form may be considered in determining the intention of the parties; One Thousand Bags of Sugar v. Harrison, 53 Fed. 828, 4 C. C. A. 34. See Interpretation. Quarantine regulations which interfere with the charter engagements of a vessel are fairly within the clause excepting liability for results caused by restraints of successor; The Progreso, 50 Fed. 835, 2 C. C. A. 45.

The contract for hire Chartis reddendis. v. Be. Charue,^. A plough. Chascun,/r. Each; every.

[L. Lat. charta partita.] In mercantile law. A contract by which an entire ship, or some principal part thereof, is let to a merchant for the conveyance of goods on a determined voyage to one or more places. Abbott on Ship. [241] 315. A contract of affreightment in writing, by which the owner of a ship lets the whole or a part of her to a merchant, for the conveyance of goods on a particular voyage, in consideration of the payment of freight. 3 Kent's Com. 201. Expressively called a mercantile lease of a ship. Id. 302. See 2 Steph. Com. 184. See Affreightment. A charter party contains stipulations by both parties as to the vessel and voyage, the cargo, and amount of freight to be paid, &c. It is signed by both, and is executed in parts, one being kept by each party. Its name (more clearly expressed by the Lat. charta partita, a deed divided, and probably immediately derived from the Fr. chartre parti,) has preserved a relic of the ancient practice of dividing indentures after execution into two parts, of which each party kept one. 3 Kent's Com. 201. Abbott on Ship. [241, 242,] 315, 316. See Chirograph, Indenture. Hence it is called in the old books a pair of indentures. Blount.

contracts, is a contract of affreightment in writing by which the owner of a ship or other vessel lets the whole, or a part of her, toa merchant or other person for the conveyance of goods, on a particular voyage, in consideration of the payment freight. This instrument ought to contain, 1, the name and tonnage of the vessel; 2, the name of the captain; 3, the names of the letter to. freight and the freighter; 4, the place and time agreed upon for the indemnity in case of delay; 7, such other conditions as the parties may agree upon. Abbott on Ship. pt. 3, c.1,s.1 to 6; Poth. h. t. n. 4; Pardessus, Dr. Com. pt. 4, t. 4, c. i,n. 708. When a ship is chartered this instrument serves to authenticate y of the facts on which the proof of her neutrality must rest, and should therefore be always found on board chartered ships. 1 Marsh. Ins. 407. When the goods of several merchants unconnected with each other, are laden on board without any particular contract of affreightment with any individual for the entire ship, the vessel is called a general ship, (q. v.) because open to all merchants; but where one or more merchants, contract for the ship exclusively, it is said to be a chartered ship. 3 Kent, Com. 158; Abbott, Ship. pt. 2, c. 2, s. 1.