charterers to hire the vessel for a specified term for employment, either generally in any lawful trade or upon voyages within certain limits. A place is usually named at which the vessel is to be re-delivered to the owners at the end of the term, and the freight is payable until such re-delivery; the owner almost always pays the wages of the master and crew, and the charterers provide coals and pay port charges; the freight is usually fixed at a certain rate per gross register ton per month, and made payable monthly in advance, and provision is made for suspension of hire in certain cases if the vessel is disabled; the master, though he usually is and remains the servant of the owner, is required to obey the orders of the charterers as regards the employment of the vessel, they agreeing to indemnify the owners from all liability to which they may be exposed by the master signing bills of lading or otherwise complying with the orders of the charterers; and the contract is made subject to exceptions similar to those in bills of lading and voyage charter-parties. This is the general outline of the ordinary form of a time charter-party, but the forms and their clauses vary, of course, very much, according to the circumstances of each case.
It is apparent that under a time charter-party the shipowner to a large extent parts with the control of his ship, which is employed within certain limits according to the wish and directions, and for the purposes and profit of, the charterers. But, as we have already explained at the beginning of this article, the shipowner continues in possession of his vessel by his servant the master, who remains responsible to his owner for the safety and proper navigation of the ship. The result of this, as has been already pointed out, is that the holder of a bill of lading signed by the master, if he has taken the bill of lading without knowledge of the terms of the time charter-party, may hold the owner responsible for the due performance of the contract signed by the master in the ordinary course of his duties, and within his ostensible authority as servant of the shipowner, although in fact in signing the bill of lading the master was acting as agent for and at the direction of the time charterer, and not the shipowner. In the language of the ordinary time charter-party the ship is let to the charterers; but there is no true demise, because, as we have pointed out, the vessel remains in the possession of the shipowner, the charterer enjoying the advantages and control of its employment. Where the possession of a ship is given up to a hirer, who appoints his own master and crew, different considerations apply; but though the instrument by which the ship is let may be called a charter-party, it is not truly a contract of affreightment.
There are certain rights and obligations arising out of the relationship of shipowner and cargo-owner in circumstances of extraordinary peril or urgency in the course of a voyage, which, though not strictly contractual,Customary rights. are well established by the customs of merchants and recognized by the law. It is obvious that, when a ship carrying a cargo is in the course of a voyage, the master to some extent represents the owners of both ship and cargo. In cases of emergency it may be necessary that the master should, without waiting for authority or instructions, incur expense or make sacrifices as agent not only of his employer, the shipowner, but also of the cargo-owner. Ship and cargo may be in peril, and it may be necessary for the safety of both to put into a port of refuge. There it may be necessary to repair the ship, and to land and warehouse, and afterwards re-ship the cargo. For these purposes the master will be obliged to incur expense, of which some part, such as the cost of repairing the ship, will be for the benefit of the shipowner; part, such as the warehousing expenses, will be for the benefit of the cargo-owner; and part, such as the port charges incurred in order to enter the port of refuge, are for the common benefit and safety of ship and cargo. Again, in a storm at sea, it may be necessary for the safety of ship and cargo to cut away a mast or to jettison, that is to say, throw overboard part of the cargo. In such a case the master, acting for the shipowner or cargo-owner, as the case may be, makes a sacrifice of part of the ship or part of the cargo, in either case for the purpose of saving ship and cargo from a danger common to both. Voluntary sacrifices so made and extraordinary expenses incurred for the common safety are called general average (see Average) sacrifices and expenses, and are made good to the person who has made the sacrifice or incurred the expense by a general average contribution, which is recoverable from the owners of the property saved in proportion to its value, or, in other words, each contributes rateably according to the benefit received. The law regulating the rights of the parties with regard to such contribution is called the law of General Average. It must, however, be remembered that the owner of the cargo is entitled under the contract of affreightment to the ordinary service of the ship and crew for the safe carriage of the cargo to its destination, and the shipowner is bound to pay all ordinary expenses incurred for the purpose of the voyage. He must also bear all losses arising from damage to the ship by accidents. But when extraordinary expense has been incurred by the shipowner for the safety of the cargo, he can recover such expense from the owner of the cargo as a special charge on cargo; or when an extraordinary expense has been incurred or a voluntary sacrifice made by the shipowner to save the ship and cargo from a peril common to both, he may require the owner of cargo to contribute in general average to make good the loss.
See Carver, Carriage by Sea (London, 1905); Scrutton, Charter-parties and Bills of Lading (London, 1904). (W.)
AFGHANISTAN, a country of Central Asia. Estimated area 245,000 sq. m. (including Badakshan and Kafiristan). Pop. about 5,000,000. It is bounded on the N. by Russian Turkestan, on the W. by Persia, and on the E. and S. by Kashmir and the independent tribes of the North-West Frontier of India and Baluchistan. The chief importance of Afghanistan in modern
days is due to its position as a “buffer state” intervening between the two great empires of Asiatic Russia and British India. During the last quarter of the 19th century our knowledge of the country was greatly increased, and its boundaries on the
N., E. and S. were strictly delimited. The second Afghan war of 1878–80 afforded an opportunity for the extension of wide geographical surveys on a scientific basis. The Russian-Afghan Boundary Commission of 1884–1886 resulted in the delimitation and mapping of the northern frontier. The Durand agreement
of 1893 led to the partition of the Pathan tribes on the southern and eastern frontiers. The Pamir Commission of 1895 settled its north-eastern border. Finally the Perso-Baluch Commission of 1904–1905 defined its western face.
Beginning with the Persian border at Zulfikar on the Hari Rud river, the boundary between Afghanistan and Russia follows a line roughly parallel to the course of the Paropamisus, and about 35 m. to the north of it, till it strikes the Kushk river in Jamshidi territory at a point which was once known as Chahil Dukteran, but is now the Russian post Kushkinski, and the terminus of a branch railway from Merv. Kushkinski is about 20 m. below the old Jamshidi settlement of Kushk, which is the capital of Badghis. The settlement and the post originally called Kushk must not be confused together. From Kushkinski the boundary runs north-east, crossing the Murghab river near Maruchak (which is an Afghan fortress), and thence passes north-east through the hills of the Chul, and the undulating deserts of the Aleli Turkmans, to the Oxus, leaving the valleys of Charshamba and of Andkhui (to which it runs approximately parallel) within Afghan limits. These valleys denote the limits of cultivation in this direction. Throughout all this region the boundary is generally of an artificial character, marked by pillars, but it is here and there indicated by natural features forming local lines of water-parting or water-course. The boundary meets the Oxus at Khamiab at the western extremity of the cultivated district of Khwaja Salar, and from that point to the eastern end of Lake Victoria in the Pamirs the main channel of the Oxus river forms the northern limits of Afghanistan. (See Oxus.) Eastwards from Lake Victoria the frontier line was determined by the Pamir Boundary Commission of 1895. A part of the little Pamir is included in Afghan territory, but the boundary crosses this Pamir before the great bend northwards of the Aksu takes place, and, passing over a series of crags and untraversable mountain ridges, is lost on the Chinese frontier in the
