DEMURRAGE.

F the vessel is detained, either in loading or unload

stated in the charter, the shipowner is entitled to demurrage. If no definite time is stipulated for loading, the charterer is bound to load the ship in a reasonable time,* and it is the duty of the charterer to have the cargo in readiness. In deciding what is a reasonable time, the usage of the port (if any) is to be considered. Forty-nine tons per working day has been held to be a reasonable time for delivery of coals in the Thames.

If the charter says the ship is to be loaded in regular turn, the question of what is a regular turn, if it is disputed, is a matter to be settled by a jury. It has been held, that in computing the "regular turn," the names of the ships must be placed in the order of their being ready to load, and not in the order of their arrival in the port.

"Usual dispatch" has been held to mean the usual dispatch of persons who have a cargo in readiness for the purpose of loading, and if the merchant is prevented from obtaining the cargo by any cause, he must pay the shipowner demurrage for the delay. A person who charters a ship is supposed to be prepared with his cargo.

If the charter provides for a certain number of days on demurrage at so much per day, and the ship is detained longer than that time, then for all further days

* "Reasonable time" means a reasonable time under ordinary circumstances, and if any extraordinary circumstance should delay the loading, the delay will be at the charterer's expense.

the shipowner is not restricted to the amount of demurrage named in the charter, but for the further days he can claim as "unliquidated damages" whatever amount of damage a jury may consider he has sustained by the delay. The amount of demurrage named in the charter will, however, be considered primâ facie to be the amount due, unless the shipowner can prove that the sum named is inadequate. If the captain claims a larger amount than the sum named, notice to that effect should be at once given to the charterer.

Demurrage can only be claimed for detention at the port of loading, and at the port of discharge.

The lay days for loading commence to run as soon as the ship is ready to begin after her arrival at the place of loading, and according to the custom of loading such a cargo.

The lay days for discharging the cargo begin the day after the vessel is entered at the custom-house, and after her arrival at the usual place of discharge in the port of her destination (and not from the time of her arrival at the entrance of the port,* although a part of the cargo may for purposes of navigation be taken out of her in the roads). But entry into the dock is sufficient without getting into a discharging berth. She must also be ready to discharge her cargo before the days begin to run. If, by the terms of the charter, the vessel has to discharge at some particular place in the port, the lay days do not commence till she has reached that place. If the vessel cannot reach the place of discharge till a spring-tide, the vessel will be bound to wait, without being entitled to demurrage. She must get to the place

*The limits of the port may be very extensive, for instance, Gravesend is part of the port of London.

of discharge unless prevented by some permanent obstruction.

If the charter mentions "days" simply, without saying whether they are to be running days or working days, then running days are understood, and Sundays will be counted, unless there is some special custom of the port to reckon only working days. In London, by the custom of the port, "days" are understood to mean only working days, unless otherwise specified. This, however, only applies to the lay days, and not to the demurrage days. After the ship is on demurrage all days are counted, even if the charter specifies that the lay days are to be working days only, for that provision applies to the lay days only, and does not refer to the days when the ship is on demurrage.

If the first or the last day happens to be a Sunday, then the ordinary rule of law is that that day is never counted. In calculating the number of days, any part of a day is reckoned the same as a whole day.

If, by reason of any accident, or other cause, not attributable to the merchant, it has become necessary for the shipowner to do repairs to the ship before she is fit to take in her cargo, the repairs must be completed before the time begins to run. But if it is the duty of the merchant under the charter to make alterations in the ship to enable her to receive the cargo, then he will be liable to pay demurrage for any delay.

If, by the consent of all parties, it is agreed to send the ship to a new port of loading or discharge, the merchant will be entitled to the same number of days as he would have had at the port originally named.

The shipowner has no lien on the cargo for the demurrage, unless that is stipulated for in the charter and bill of lading. The captain has a right to settle a claim

for demurrage arising at a foreign port (and it will generally be found advisable for him to do so if he can obtain a favourable settlement): for it is considered by the law to be for the owner's benefit that the matter should be promptly settled abroad, instead of leaving it for dispute and litigation at home.

CASES IN WHICH THE SHIPOWNER IS ENTITLED TO DEMURRAGE.

In the absence of any special agreement to the contrary, the merchant is liable to pay demurrage if the delay arises from any cause which is not attributable to the shipowner or his agents. By law, the person who hires a vessel is considered to detain her, if, at the end of the stipulated time, he does not restore her to her owners; he is bound by the terms of his contract, and if he wishes to make any exception from the liability, it is his duty to provide for it specially in the contract, otherwise he will be liable for all delays whatever which are not attributable to the shipowner. Thus, in the absence of any special agreement or exceptions in the charter party, the merchant is liable to pay demurrage if he has agreed to load or discharge the ship in a certain specified number of lay days and he is prevented from doing so in consequence of:

The crowded state of the docks.

Frost, or the state of the weather after the ship is ready, and until she is completely loaded.* Strikes among workmen, or riots, which may prevent the merchant from obtaining the cargo.

* But the merchant is not liable for demurrage caused by ice, &c., after the vessel is loaded or discharged.

H

Disputes with railway companies, along whose line the cargo is to be brought to the place of loading. The non-arrival of the bill of lading.

The non-production of the landing papers.

The consignee being ignorant of the ship's arrival.
Quarantine regulations, which may delay the loading
by prohibiting intercourse with the shore.
Custom-house regulations.

Illegal acts of Custom-house officers.

Prohibition by a foreign government to export the stipulated cargo.

Impossibility of obtaining a cargo at the port. Dispute improperly caused by the merchant, which delays the ship, such as preventing the captain from signing proper bills of lading, &c.

Alterations and repairs which have to be made to the ship by the merchant to enable him to load the cargo.

Refusal of the merchant to pay freight when bound to do so.

If, however, the merchant has only agreed in the charter party to load or discharge the ship in regular turn, or in a reasonable time, then he is only bound to load or discharge her within such a time as would be considered reasonable under ordinary circumstances, and he will then not be liable for delay caused by customhouse regulations, &c.

If no definite number of lay days are 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 dispatch.