PaktIII.  dispense  with,  performance  on  his  part  as  a  condition  pre-
cedent to  charging  the  charterer.  Though  the  shipowner
may  he  delayed  by  excepted  accidents  in  arriving  at  the  port
of  loading  without  incurring  liability ;  yet  if  the  delay  is
such  as  to  render  the  stipulated  voyage  commercially  impos-
sible, the  charterer  is  discharged  {j ) .  And  if  the  arrival  of
the  ship  at  an  appointed  day  is  made  a  condition  precedent,
delay  discharges  the  charterer  from  providing  a  cargo  {k) . —
Exceptions  Exceptions,  according  to  the  general  rule,  are  construed  strictly
strictly.  against  the  shipowner  (/) ;  and  it  lies  upon  him  to  prove
the  facts  which  entitle  him  to  the  benefit  of  the  exception.
Thus,  an  exception  of  loss  by  "thieves"  is  construed  to  apply
only  to  thieves  external  to  the  ship ;  and  an  exception  of
"  damage,"  does  not  apply  to  an  abstraction  of  the  goods  {m).
— The  exception  of  "  dangers  and  accidents  of  the  sea  "  was
held  to  include  an  incursion  of  sea-water  through  a  hole  in
the  ship  gnawed  by  rats,  without  neglect  or  default  of  the
carrier  («)  ;  but  not  damage  done  by  rats  gnawing  the
goods  (o).  It  includes  an  incursion  of  sea-water  through
a  breach  caused  by  collision,  unless  the  collision  was  caused
by  the  negligent  navigation  of  the  ship  {p) ;  and  an  express
exception  of  "  collision "  does  not  cover  a  coUision  due  to
negligence  in  the  carrier's  ship  {q).  The  exception  of  dangers
of  the  sea  also  includes  acts  of  piracy  (r)  ;  and  it  includes

(j)  Jaekson-v.  Union  Ins.,  L.  E.  10  60  L.  J.  A.  25.
