Ships and Shipping. 169 



modern built steamship other than one with spar and 

 awning deck, or deck houses, would carry nearly double 

 her registered tonnage. 



It has been decided in the case of a charter-party, that 

 if the charter-party be of the whole ship, and the freight 

 is to be paid at so much per ton, or other portion of the 

 ship's capacity, the freight must be paid according to the 

 aftual tonnage and capacity of the vessel, and not merely 

 according to the registered tonnage ; and where in a 

 charter-party the vessel was described to be of the bur- 

 den of a certain number of tons, and the freighter agreed 

 to load a full and complete cargo, the loading of goods 

 equal in number of tons to the tonnage mentioned in the 

 charter-party, was held not to be a performance of this 

 agreement, but that the freighter was bound to put on 

 board as much goo'ds as the ship was capable of carrying 

 with safety. 



It has also been held that if the size of the ship is 

 described to be a certain number of tons, or *' there- 

 abouts," that is considered a representation only, and 

 not a warranty ; and therefore although the description 

 be not stri6lly corre6l, if it be made bona fide, and with- 

 out any intention to deceive, the merchant will be bound 

 to carry out the charter, notwithstanding that the ship is 

 larger or smaller than described in the charter, unless 

 the difference is very unreasonable. 



In a case where the ship was described to be of the 

 measurement of 180 to 200 tons, or thereabouts, but was 

 a6lually 257 tons, the statement of the tonnage was held 

 not to be a warranty or an unreasonable difference, and 

 it was held that the merchant was bound to load the ship 

 with a full cargo according to his contra6l — whether the 



Y 



