Page:Federal Reporter, 1st Series, Volume 1.djvu/192

 184 FEDERAL REPORTER. �August sbipmeut of grain cannot affect the meauing to be given to the language. �It is apparent that the words "about to sail from Benizaf with cargo" must have been understood to cover some period of time. It would not be reasonable to suppose the charter- ers ever thought they meant that the ship had ail her cargo on board and was weighing anehor, or getting up steam, or was in any such state of forwardness as that she oould leave Benizaf within an hour or two. It ia not reasonable to sup- pose that the owners were willing to bind themselves, with regard to a vessel in so remote and inaccessible a place, to such a point of time. It must, I think, bave been understood by the charterers that gome delay in the departure of the vessel was covered by the language. �Gibraltar appears to be the nearest point of telegraphie communication. Neither the owners nor charterers could know anything of the "Whickliam" except that she passed in through the Straits of Gibraltar on July 25th. It was to be presumed, on August Ist, that she had reached Benizaf, and had been there ave days, and therefore had either sailed for Philadelphia, or was about to sail as soon as she got her cargo on board, which was the only thing to detain her. �As matter of fact she had for two days been receiving cargo. She was ready to receive it on Sunday, July 27tb, but received none on that day ; on Monday, 28th, she did take in about 115 tons, and on Tuesday, the 29th, about 90 tons; on the 30th she received none, and 3 Ist only four bqat loads. The process of loading at Benizaf is proved to be that the vessel lies at anehor about a quarter of a mile from the eoast, in the roads. Small boats, carrying from five to seven tons each, come along side, and the ore is passed up the ship's side in small baskets, of about fifteen to the ton. There are two or three stages from the boats to the ship's decks, and two men at each stage receiving and passing the basket. It is proved that there were two gangs of men on each side of each of four hatches, so that there were about eight boats along-side at one time unloading into the ship. �The ship's officers swear that the cargo was taken in wilh ��� �