Under a NYPE form time charter, title to bunkers passes to the charterer at the moment of delivery (when the ship is placed at the charterer's disposal), not upon payment. The expression 'take over' in clause 31 does not require any positive act beyond delivery. A shipowner's lien over 'sub-freights' under clause 18 does not extend to debts owed for the sale of bunkers on delivery, as such debts are not in the nature of freight or hire. Shipowners who urge sub-charterers not to pay any sums due under a sub-charter, without actually exercising a lien by demanding payment to themselves, may be liable for the tort of inducing breach of contract. The conflict between The Cebu (No 1) and The Cebu (No 2) on whether 'sub-freights' includes sub-hire was left unresolved.
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