ship-cargo reciprocal lien
Defined in 1 dictionary — Case Law
Definitions from Case Law
From 60 U.S. 82 - Robert Vandewater v. Edward Mills · 1856Most cited · 239 citing opinions
This lien or privilege is founded on the rule of maritime law as stated by Cleirac, (597:) 'Le batel est oblige a la marchandise et la marchandise au batel.' The obligation is mutual and reciprocal. The merchandise is bound or hypothecated to the vessel for freight and charges, (unless released by the covenants of the charter-party,) and the vessel to the cargo… But this duty of the vessel, to the performance of which the law binds her by hypothecation, is to deliver the cargo at the time and place stipulated in the bill of lading or charter-party, without injury or deterioration. If the cargo be not placed on board, it is not bound to the vessel, and the vessel cannot be in default for the non-delivery, in good order, of goods never received on board.