Page:Federal Reporter, 1st Series, Volume 6.djvu/316

 304 FEDBEAL REPORTER. �This cause ought to have been settled, if possible, under the provisions of section 4547; and it appearing that there is a small balance due tbose seameu, the costs will have to go against the schooner. ���Ebed V. Weld and others. {District Court, D. Massachusetts. , 1881.) �1. DEMintEAGE— Suspension of Votagb. �It is not to be supposed, upon libel for demurrage, in the absence of an express agreement, that a master intended or was expected to sus- pend his voyage, and wait an iudeflnite period of time bef ore proceed- ing to complete it, while the consignees were engaged in flnding a purchaser for the cargo. �2. Same — Lay Dats— Stipulation as to Time and Place. �When parties stipulate that lay days shall count from a certain time, at a certain place, and another place ia afterwards substituted, the term, as to time, applies to the substituted place, there being no agreement to the pontrary. — [Ed. �In Admiralty. Libel for Demurrage. �Haie, Walcott d Perkiris, for libellant. �E. B. Callender, for respondents. �Nelson, D. J. This is a libel for demurrage. The libellant is the, master of the schooner Mary H. Stockham, and on the eighteenth of March, 1879, received on board his vessel at Elizabethport, N. J., a cargo of 376 tons of coal, consigned to the respondents at Boston. By the terma of the bill of lading the master undertook to deliver the coal to the re- spondents or their assigns, "above three bridges, South End, Boston, they paying freight for the same at the rate of $1.50 per ton, and 3 cents per ton bridge money, demurrage as per new bill of lading." The demurrage clause, in what is known in the coal trade as the new bill of lading, is as follows: "And 24 hours after the arrivai at the above-named port, and notice thereof to the consignee named, there shall be allowed for reoeiving said cargo at the rate of one day, Sundays and legal ��� �