Page:Federal Reporter, 1st Series, Volume 2.djvu/403

 S96 FEDERAL REPORTER. �Smith v. Sixtt Thouband Feet op Tellow Fine Luif> BEB, etc. �(District Court, 8. D. New York. April 12, 1880.) �Cha-rteh Party — " Customary Dispatch " ru DiscHABama Cakso— De- MURRAGE — A charter-party provided that the vessel to be loaded with lumber should have "customary dispatch" in disoharging her cargo at New York, and flxed the demurrage for each day's detention by the default of thecharterers. Hdd, that such "dispatch" meant in accordance with or consistently with ail known and well-establlshed usages of the port ; that charterers were bound to flnd her a berth where the cargo could be discharged with "customary dispatch," and without interruption durlng customary houra, and was liable for the detention, at the agreed rate of demurrage, caused by failure so to do. �In Admiralty. �F. A. Wileox, for libellant. �C. d N. Weller, for claimant. �Choate, d. J. This is a libel for demurrage against part of the cargo of the schooner Florence & Lilien, whieh waa chartered for a voyage from Port Eoyal, South Carolina, to New York, to carry yellow pine lumber. By this charter- party it was agreed that the rate of demurrage is fixed at $35 per day for each day's detention "by the default" of the charterers, and that the vessel was to have "customary dispatch" for the discharging at New York. The charter-party also pro- vided that the cargo was "to be received and delivered along- side within reach of the vesseUs tackles." The vessel arrived in New York on the thirtieth of June, 1878, and the master reported to the charterer and was given a berth at pier at foot of Twenty-second street, North river, on July Ist. They com- menced discharging the deck load upon the pier, over the side of the vessel, on Tuesday, the second of July. They remained at this place till about noon of Saturday, the sixth of July, when the vessel was moved, by direction of the charterers, to the slip on the south side of the pier at the foot of Chambers Btreet, at which place about 80,000 feet were discharged into the water. On Wednesday afternoon, July lOth, she waa taken back to pier at foot of Twenty-second «treet, and given ����