CHARTERHOUSE 



CHARTER-PARTY 



127 



(Paris, lxf>); lull's Law Dictionary; M.-n/ir- ,,i 

 eyancing. 



4 harlrrlioiisc (a corruption of Churtn-uxi- 



liusiaii ') is the name of a famous hospital am 

 I which occupied u joint building in Charter 

 liMii-e Square, London, till 1872, when the schoo 

 was transferred to Gpdalming in Surrey. The 

 Charterhouse was instituted in 1611 by Thomas 

 Sutton, of Castle Camps, Cambridgeshire. The 

 dte had been occupied by a Carthusian monastery 

 founded in 1371), but on the dissolution of the 

 m masteries by Henry VIII. it was made a place 



losit for his nets and pavilions. After under- 

 many alterations, and passing into the posses- 

 i.Mi of \anous distinguished persons, it was finally 

 wrdia>ed from Lord Suffolk for 13,000 by 

 riiomas Button, who endowed it with the revenues 

 >f upwards of twenty manors, lordships, and other 

 states in various parts of England. This ' master- 

 riece of Protestant English charity,' as old Fuller 



alls it, serves three uses it is an asylum for poor 

 ffethren, an educational and a religious institu- 

 ion ; hence Bacon terms it a 'triple good.' The poor 



iirethren are eighty in number. None are admitted 

 iii'l"r fifty years of age, and only those who have 

 wen householders are eligible. Each brother has 

 a separate apartment, a share of attendance from 

 domestics, an ample though plain diet, and an 

 s Jlowance of about 36 a year for clothes and other 

 matters, and four weeks holiday every autumn. 

 '.'In- brethren must be bachelors and members of 

 ' he Church of England. Among the poor brethren 

 in bygone years were Dryden's antagonist, Elkanah 

 fettle; John Bagford, antiquary; Isaac de Groot, 

 i- descendant of Grotius ; Alexander Macbean, who 

 "d -Johnson in his Dictionary; John Grey, 

 i lectrician ; and one could not omit him' Colonel 

 ] fewcome. ' 



There are thirty junior scholarships, worth 

 175 a year, open to all boys between twelve 

 ind fourteen years of age by public competi- 

 tion on conditions settled in accordance with the 

 in-ction of the Public Schools Act (1868), the 

 1-1 system of direct nomination by the gover- 

 i ors having been wholly abolished. There are 

 Iso thirty senior scholarships, of 95 value, for 

 loys of between fourteen and fifteen who have 

 leen at least a twelvemonth in the school; and 

 ! ve annual exhibitions of 80 for four years for 

 toys leaving school. In addition to the scholars 

 a large number of boys are sent to the Charter- 

 because of its reputation. These either 

 :oard with the masters or attend simply during 

 ne day. The number of extra boarders is now 

 about 460. The institution is under the direction 

 t tiie Queen, fifteen governors, and the master 

 aunself, whose salary from the foundation is 800 

 oer annum. The hospital has now a separate 

 joverning body. Amom' the eminent persons 



lucated in this establishment have been Isaac 

 Barrow, Sir William (Judge) Blackstone, Addison, 

 Steele, John Wesley, Bishop Thirlwall, George 

 ^rote, Thackeray, John Leech, and Sir Charles 



stlake. The new school at Godalming, designed 

 >.v Hard wick, forms a large quadrangle, with a 

 jatehouse tower 130 feet high, and a chapel rich 

 u stained glass. The old school premises were 

 iold to the Merchant Taylors' School, which is 

 low installed here in handsome new school build- 

 fs erected in 1870-72. The quaint Charterhouse 

 i-wpital and chapel still remain on the old site. 

 The chapel contains Button's tomb. See works by 

 'i Haig Brown (1879), and Eardly-Wilmot and 

 Sbreatfield (1894). 



Charter-party (charta partita as being orig- 

 nally written in duplicate on one parchment, 

 vnich was then divided by a straight line, so 



that the part* should tally) i the common written 

 lorn, in which the contract of affreightment n 

 expressed viz. the hiring of the whole or part of 

 a ship for the conveyance of goods. The cone of 

 carnage of passengers at sea i* under different 

 regulations. The carriage of goods in often left to 

 rest on bills of lading, or even mere oral arrange- 

 in. Mit, but a charter-party with a sixpenny Htamp 

 is the proper and safe arrangement. It w executed 

 by the owner or his accredited agent ; abroad, the 

 master has authority to sign. It identifies the ship 

 by name, by tonnage measurement, and by place. 

 The obligations of parties are generally expreMed 

 with fullness. The chief of these are that the ship 

 is seaworthy, and is furnished with necessary 

 tackle, and with a fit master and crew. Unsea- 

 worthiness may be caused by the manner of stow- 

 age. The master's knowledge of the particular 

 ports and perils on the voyage is included in his 

 fitness. The ship is also bound to have the proper 

 papers and clearances. The ship must be ready to 

 receive cargo at the time specified ; and in general, 

 delay on the part of the ship would entitle the 

 charterer to cancel the contract. The voyage must 

 be performed according to the rules of good sea- 

 manship, necessity being required to justify any 

 deviation from the route. The matter of compul- 

 sory pilotage depends upon the Merchant Shipping 

 Acts. Due care is to be shown in loading and 

 unloading, and the goods must be safely delivered 

 at the port of discharge. On the other hand the 

 freighter must have a lawful cargo ready at the 

 time agreed upon ; in this case also delay would 

 generally entitle the shipowner to cancel the con- 

 tract, or at least to claim damages for detention. 

 The freight is sometimes a lump sum for the 



voyage : sometimes so much per ton or per week. 



The execution of a charter-party does not si 

 sede the granting of a Bill of Lading (q.v.)~ or 



not super- 



receipts for the cargo, which are not only useful in 

 fixing the condition and quantity of the goods, 

 but are the documents of title by which the owner- 

 ship of cargo may be transferred during voyage, 

 [n the case of general ships, which are advertised 

 :or a certain voyage, the shipowner becomes a 

 common carrier, bound to carry goods tendered 

 subject to the conditions of the advertisement, but 

 n this case no charter-party is executed. In coast- 

 ng voyages mere receipts, not formal bills of 

 ading, are often used. In settling freight at the 

 >ort of discharge, the weight or measurement of 

 :argo there is prima facie the criterion, but it may 

 >e shown that the weight, &c. has altered during 

 oyage. Where an advance against or prepay- 

 ent of freight is made, the law of Scotland is 

 ;hat this may be recovered, even though the voyage 

 ail; in England, on the other hand, both sUpper 

 ind consignee are liable for freight, and the master 

 las a lien on cargo for freight. But it is common 

 inder a cesser clause for the charterer to stipulate 

 that his personal liability for freight and demurrage 

 shall cease when the loading is completed, so that 

 n most cases the master looks to his lien for 

 security. When the goods arrive damaged, the 

 jonsignee is bound to take them, and settle the 

 reight subject to a claim for damages; he cannot 

 abandon the goods for the freight. If the freighter 

 ke the goods at an intermediate port, the ship 

 >eing unable to proceed further, a proportion of 

 reigfit is due ; and this is also the case where some 

 >f the goods are lost, if enough was not lost to 

 ustify abandonment. Except on a time charter, 

 he duration of a voyage, which may depend on 

 losing of navigation by ice, &c., is entirely at the 

 isk of the shipowner. Dead freight is paid for 

 inoccupied space in the ship where a full cargo 

 >as been promised. Apart from stipulation, the 

 hipowner is liable for the goods shipped in their 



