In  Buckle  v.  Knoop  (q),  the  clause  ran,  "  and  deliver  the  same
on  being  paid  freight  as  follows,  viz.,  75s.  per  ton  of  60  cubic
feet  delivered  for  cotton  and/or  wool."  The  word  "  delivered  "  was
held  to  have  reference  to  the  cargo  to  be  paid  upon,  not  to  the
time  at  which  the  measurement  was  to  be  taken.  It  therefore  did
not  prevent  the  application  of  the  ordinary  rule.
But  in  Coulthurst  v.  Sweet  (r),  where  the  words  were  "  paying
freight  for  the  said  goods  at  the  rate  of  31.  sterling  per  ton  of
20  cwt.,  neti  weight  delivered,"  the  intention  to  pay  on  the  delivery
weight  was  considered  clear ;  and  it  was  held  that  excess  freight,
paid  under  prcrtest  upon  the  shipping  weight  stated  in  the  bill  of

(?)  L.  R.,  2  Ex.  125,  333.  W  L.  E.,  1  C.  P.  649.
C  — C.  Y  Y


690


THE  DELIVERY.
Sect.  577.  lading,  in  order  to  obtain  possession  of  the  goods,  migM  be
recovered  back  (s).  In  that  case,  however,  the  bill  of  lading
adopted  the  ordinary  rule,  for  the  goods  (green  bark)  wotild
naturally  be  lighter  on  delivery  than  on  shipment.
