charter-party

1 definition found

charter-party - Bouvier's Law Dictionary, Revised 6th Ed (1856) :

  CHARTER-PARTY, contracts. A contract of affreightment in writing, 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. This 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. 
       2. 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 loading and 
  discharge; 5. the price of the freight; 6. the demurrage or 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. 
  Coin. pt. 4, t. 4, c. 1, n. 708. 
       3. When a ship is chartered, this instrument serves to authenticate 
  many of the facts on which the proof of her neutrality must rest, law. He 
  must not leave his master's service during the term of the apprenticeship. 
  The apprentice is entitled to payment for extraordinary services, when 
  promised by the master; 1 Penn. Law Jour. 368. See 1 Whart. 113; and even 
  when no express promise has been made, under peculiar circumstances. 2 
  Cranch, 240, 270; 3 Rob. Ad. Rep. 237; but see 1 Whart, 113. See generally, 
  2 Kent, Com. 211-214; Bac. Ab. Master and Servant; 1 Saund. R. 313, n. 1, 2, 
  3, and 4; 3 Rawle, R. 307 3 Vin. Ab. 19; 1 Bohip and Shipping, iv.