Page:Federal Reporter, 1st Series, Volume 6.djvu/318

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

306 FEDERAL REPORTER. �voyage, in place of that fixed by the bill of lading. I am of the opinion that the effect of the transaction was to termi- nate the voyage below the bridges. This ia shown by the indorsement by the respondents on the master's bill of lad- ing of the arrivai of the vessel on the 25th, at 7 :3O a. m., as ■well as by ail the ciroumstances of the case. It is not to be BuppOsed, in the absence of an express agreement, that the master intended or was expected to suspend his voyage, and wait an indefinite period of time before proceeding to com- plete it, while the respondents were engaged in finding a purchaser for the cargo. The libellant had the undoubted right to complete the voyage, and, if detained af ter his arrivai beyond the stipulated lay-days, to rely upon his demurrage contract for compensation. When parties stipulate that lay- days shall connt from a certain time, at a certain place, and another place is afterwards substituted, the term, as to time, applies to the substituted place, there being no agreement to the contrary. Macl. on Ship. (2d Ed.) 493. The lay-days began to run Tuesday, March 25th, at 7:30 a. m., and ex- pired Monday, March 31st, at 1:30 a. m. This leaves an interval from the expiration of the lay-days to the time when the discharge was completed, 11 a. m., of nine and one-half hours. By the rule provided in the bill of lading, the demur- rage for this detention amounts to $7.74, and this sum the libellant is entitled to recover. Decree accordingly. ��� �