Page:Federal Reporter, 1st Series, Volume 6.djvu/317

 liEED V. WELD. 305 �holidays excepted, for every 100 tons thereof; after which the cargo, consignee, or assignee shall pay demarrage at the rate of eight cents per ton a day, Sundays and legal holidays not excepted, upon the full amount of cargo, as per this bill of lading, for each and every day's detention, and pro rata for parts and portions of a day beyond the days above speci- fied, until the cargo is fuUy discharged, which freight and demurrage shall constitute a lien upon said cargo." �The vessel arrived at Boston, below the bridges, duringthe night of Monday, March 2eth. On Tuesday morning, as she was about to proceed through the first bridge to the South End, she was stopped by an order from the respondents to report to them before going through the bridges. After receiving this order the libellant went ashore, and called on the respondents at their place of business, and was then told that their wharf at the South End, above three bridges, was fuU, and he would have to wait before discharging his cargo until they could sell the coal. The respondents at that time noted upon the master's copy of the bill of lading the arrivai of the vessel, as follows: "Captain reported March 25th, 7:30 A. M.," that being the time of the arrivai of the vessel at the lower bridge. On the following day, Wednesday, the respondents sold the coal, and after some negotiations with the libellant it was agreed that he should deliver the coal to the purchaser at Warren's wharf, above seven bridges, at the North End, the respondents agreeing to pay an additional rate of three cents a ton for each of the seven bridges. On the same day the libellant proceeded with his vessel to War- ren's wharf, arriving in the evening at about 9. Another vessel was then unloading at the wharf, and it was not until the afternoon of Friday that he finally got in and commenced discharging, and he finished on the following Monday, March 31st, at 11 A. M., using due dispatch. During the negotiations nothing was said by either party as to demurrage. �I cannot assent to the view taken by the respondents, that by this arrangement the parties substituted the point above seven bridges, at the North End, as the termination of the �v.6,no.3 — 20 ��� �