he will then not be liable for delay caused by Custom House regulations, or other unforeseen circumstances. If no definite number of lay days is named in the charter for unloading the cargo, then there is an implied contract on the part of the consignee to discharge the ship in the usual and customary time for unloading such a cargo, and he is bound to unload with reasonable despatch. The consignee of goods under bill of lading embodying the terms of the charter is liable for demurrage at the port of discharge, but not for delay at the port of loading unless it is so stipulated in the bill of lading. It has been held that the clause in the charter party exonerating the charterer from liability after the loading of the cargo does not exonerate him from demurrage for detention at the port of loading. CASES IN WHICH THE SHIPOWNER IS NOT ENTITLED TO DEMURRAGE. It has been held that the merchant is not liable to pay demurrage if the delay is caused by The detention of the ship by a hostile force. The hostile occupation of the intended port. The wrongful interference of the shipowner, or any fault or negligence attributable to him. Repairs which the shipowner is bound to make before the cargo is loaded. The damaged condition of the ship, which may prevent her sailing. Impossibility of the ship obtaining clearance, or accidents of any kind, or frost or bad weather after the loading of the cargo is completed. Where the charterer undertook to load the ship before the 1st of September, but did not complete loading until the 28th of October, and just after sailing she met with an adverse wind, and had to put back, and was frozen up all the winter, it was decided that the shipowner was only entitled to demurrage up to the 28th of October, the day when the ship was cleared out and ready to sail. The ship, however, might have returned home in ballast after the 1st of September, and then claimed dead freight. If the charter exempts the merchant from liability for delay by ice, that will protect him, not only in respect of delays caused by ice in the port of shipment, but also by ice which may prevent the cargo from being brought to the port from the place whence it is usually obtained. If neither party has contracted, either expressly or impliedly, that there shall be no delay, then the owner of the cargo is not liable for any delay caused by unforeseen circumstances over which neither party had any control. Where a given number of days is allowed for loading or discharging, there is an implied contract on the part of the charterer that from the time the ship arrives at the usual place for loading or discharging he will take the risk of any ordinary vicissitudes which may occur to prevent his releasing the ship at the expiration of the lay days. DEMURRAGE WHILE REPAIRING DAMAGE. In case damage is wrongfully done to a ship by collision or otherwise, the owner of the injured vessel is entitled to claim, in addition to the amount of damage done to her, compensation for the loss he has sustained by her non-employment during the repairs. In the Court of Admiralty the amount allowed for sailing ships for damages during repairs is twopence per ton per day when the crew has been discharged; threepence per ton per day when part of the crew has been discharged, and the master and mate only remain ; and fourpence per ton per day when the whole crew is on board. For steam vessels the rate allowed is higher, being sixpence per ton on the gross tonnage, or ninepence per ton on the nett tonnage, per day with the crew on board. These amounts, of course, vary with the special circumstances, but usually the amount awarded is within the above-mentioned limits. PROTESTS. WHEN from home the captain should note a protest if the ship has been wrecked, or if any damage occurs to the ship for which there will be a claim against the merchant or underwriters, or if the merchant refuses to load or unload the cargo, or if he does not load the right kind of cargo, or if he does not load a full cargo when bound to do so, or if he causes any detention in loading or unloading, or if he refuses to sign a charter party according to agreement, &c. If there is not a notary at the port he should make the protest either before the British consul, if there is one, or some officer of the British Government, such as a magistrate, or collector of customs, and it is then advisable for the captain to keep a copy of the noting. If made before a magistrate, &c., he should sign the copy, showing that it is a true copy. If the protest is not made before a notary, the person before whom it is made should make a memorandum at the end, certifying that there is not any public notary at or near the place where the protest is made. Neither a magistrate, nor a collector of customs, nor any one except a notary or a consul, is entitled to any fee for noting a protest. To save expense, it is generally advisable merely to note the protest, and not to extend it, as it can be extended afterwards, and it is not necessary that the extended protest should be made before the same notary who noted the first protest. In extending the protest great care should be taken to have all the statements correct in every detail. It is the duty of the captain and crew to make a protest if required by the owners or consignees of the cargo; but the captain cannot be compelled to do it at his own expense. The person requiring it should pay all the expenses. If the noting of the protest has been delayed from any cause, it is better to add to the entry a short statement giving the reason for the delay. If the captain's services are required at the ship, he must not leave his duty to seek a notary-it is sufficient if the protest is noted within forty-eight hours from the time the captain is first. able to leave the vessel. The following fees are those usually payable to notaries for protests, &c.; but there is no fixed scale of charges, and each case must depend upon the amount of time and trouble involved. £ s. d. Noting each protest 0 26 If the protest is extended, then also, Fee on taking instructions for extended protest 068 Drawing, engrossing, and registering the protest, for each “folio” (72 words), exclusive of stamps 020 Stamp for each sheet 010 Fee for attending reading over the protest to the captain 0 3 4 Fee for notarial seal 0 1 0 026 For Certified Copies of Protests. ...... 0 0 6 Notarial copy of any document, for each folio of 72 words Notarial certificate that same is a true copy, with attestation and seal (exclusive of stamps and fees for attendances) 0 12 6 ... In the Appendix will be found a list of Fees chargeable by British Consular officers in regard to noting protests, and to other matters affecting shipping. THE HOMEWARD CARGO. IF the merchant who is to supply the homeward cargo has no interest in the outward cargo, the captain is bound to give notice to him or his agents that the ship is ready to receive her homeward cargo, and if this notice is not given, the charterer will not be liable to pay damages if no cargo is supplied to the ship. If the merchant refuses to furnish a homeward cargo when that has been agreed for by the charter, or if he does not load the vessel within the stipulated time, the captain can then either charter the vessel for another cargo, or if that cannot conveniently be done, he can sail home in ballast, and the shipowner will be entitled to recover from the charterer a sum equal to the full freight the ship would have earned if she had been loaded according to the charter. The captain, however, should not return in ballast if he can obtain another cargo; he is bound to do what is reasonable in endeavouring to earn a freight, to reduce the amount of the loss, and he should, therefore, as soon as the charterer has finally and definitely refused to supply a cargo, or as soon as the time he has agreed by the charter to wait for a cargo is expired, re-charter the vessel at the best homeward freight he can find, and then the deficiency of freight only, with the expenses of obtaining the new charter, will have to be paid by the original charterer. To constitute a breach of the charter, the refusal must be clear and positive, and if, after the merchant does refuse, the captain declines to accept this refusal, or continues still to demand a supply of the cargo, then the shipowner or captain cannot treat such refusal by the merchant as a breach of the charter, but the captain will be bound to carry out his portion of the charter, and wait till the whole of the lay days are expired before re-chartering or sailing home. The captain is bound to wait the whole of the lay days before he is justified either in sailing home or re-chartering, unless the charterer or his agent specially requests him to re-charter, or states positively |