Page:Federal Reporter, 1st Series, Volume 3.djvu/669

 662 FEDSBAIi BEPOBTEi:, �21 days, •wiien ten days woiild have been sufiacient, with reasonable dispatch, to have diseharged the cargo ; and that the detention arose fromthe fault of the consignees and char- terers, for which he should be paid demurrage. �The charter-party provides that "the cargo is to be brought along-side the vessel and taken away at the expense and risk of the charterers, according to the use and custom of the place of loading and dis char ging;" and also provides "for prompt load- ing, without loss of time, weather pcrmitting, and customary lay days for dischar ging. " �There being no definite number of days stipulated withîn which the cargo was to be diseharged, and it being provided tbat the charterers were to be entitled to customary lay days, and there being no custom establishing any deanite number of days, or rate per day, for discharging, the char- terers have performed their obligations, unless detention has ensued from some fault of theirs, or neglect on their part to exercise reasonable diligence, according to the custom of the port. Under such a charter-party the owner of the vessel takes the risk of the weather being suitable, according to the custom of the port, for unloading the cargo, and the charterer takes the risk of being able to provide the proper transporta- tion from the ship's side. Spragiie v. West, 1 Abb. Ad. 548. �The proofs show that the vessel was firsi ordered to a dock at the Canton wharves, and that there was some delay in get- ting her to that place, but to this I find that the master con- sented for the reason that he was saved wharfage. I find that while at the Canton wharf the discharging went on with customary dispatch, and that there was no delay chargeable to the respondents. The proof shows that scows were in readiness to take the portion of the cargo to be diseharged into them, and that there was no waiting for them; on the contrary, it would rather aj)pear that the scow men complained that the crew of the bark worked too slowly, and did not give them the brimstone as fast as regular stGvedores usually do. I find, also, that the removal of the vessel from the Canton wharf across the harbor, to Locust Points was by agreement with +.he master. ����