Page:Federal Reporter, 1st Series, Volume 3.djvu/725

 718 FEDERAL REPORTBB. �tation of iron had then recently very exceptionally încreased in the port of Baltimore, and there was such an unusual num- ber of vessels arriving to be discharged at the railroad wharves that berths could not at once be provided for them. �The railroad company promptly leased additional wharveg and laid down tracks upon them, but could not give the Bac- chus a berth until the ninth of December, and did not com- mence receiving the cargo until the afternoon of the lOth. The libellant frequently, from the first day of the detention, notified the consignees, protesting against the delay, and now claims in this libel demurrage for four days. The charter- party under which this cargo was shipped appears to have been prepared with unusual care. The parties would seem to have well understood the contingencies which might arise, ' and to have endeavored to provide against many of the dis- putes which do arise when such contracts are carelessly entered into. The stipulations with regard to discharging the cargo are as foUows: "The cargo to be loaded and dis- charged with ail quick dispatch, as fast as the captain can re- ceive and deliver. If the berth at the railway pier at Baltimore is obtainable on vessers arriving, the captain has no objection to discharge there — the freighter to have the option of keep- ing said ship 10 days on demurrage, over and above the eaid lay days, at ^615 per day." �This makes a very different case from one in which the charter-party is silent as to the discharging of the vessel, or only provides for usual or customary dispatoh. The charter- ers expressly agreed that the vessel should bave quick dis- patch in discharging, and that they would receive the cargo as fast as the master could deliver it. They took upon them- selves the risk of being able without delay to provide a suit- able berth, and they cannot excuse themselves by showing that they have used reasonable diligence and have discharged the vessel within a reasonable time, considering the orowded condition of the port. They made a delinite and express contract, and they must show that they have complied with it. �The respondents have endeavored to show that even admit- ting the delay of four days in giving the vessel a berth, that ����