The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-07-26
Unaeed otaaes District Cours,
DECISION IN ADMIRALTY.
Before Hon. Judge Ingerson.

Before Hon. Judge Ingerson.
Jotnam Parsons o~d Others, against DaUsd o.
den- Abstract OF Opinion.-On the 2sth Of April,
1851, the responder, chartered the ship Hemisphere
then IN this port, Of the hbeants, her owners, for
voyage from Liverpool to the port Of Now Ysk.
BY the charter party it was agreed that the ship
should receive on board 1t Liverpool FUN CARGO OF
general merchandise, and not exceeding ala uasseu
gers; and that the ship should not be obliged 10
take on board an amount Of iron exceeding her NJ
gistered tonnage. The respondent was to provide
water, provisions and berths and all other expenses
connected with the passenger and to pay hospital
Communication fees in New York. and quarantine ex-
peDses. II the ship provided berths the respondent
was to pay the usual price for them, and he Was 70
buy the passenger stores then board at their W.
lue in Liverpool. The lay days for loadiag ct Liy
eelrpool were to be as follows:-Cammenclig from
the time the captain reports himself ready TO re-
ceiye c1go, fifteen running lay days; aud for each
and every days detention by default of the respon-
dent or agent, one hundred silver dollars per day,
to be paid BY respondent. The hbellants nov sue
at G. 500, the value Of the passs Dgers' stores Ola
board, and seven days demursge at Liverpool
The RESPONDENT denies that they are entitled TO do
on the ground that the ship did not bring fun
cargo. By the act Of 8 and William W., G. 81,
entitled AN act for the general regulation Of
the customs" 1t 10 provided, among other things,
that no goods shall b. sdipped, or water
borne to be shipped, on board any ship in
any port or place In the United Kingdom, 10 be
carried beyond seas, before due entry outwarda Of
such ship, and due entry of such goods, shall BE-
made and coeket granted, nor before such goods
shall be duly cleared for shipment in therein
directed under pain Of forfeiture 1t is also provided
that, before any goods be taken on board any out
ward bound ship, the master shah deliver to the col
lector or comptoe certificate from the proper Of
fcer, of the clearance inwacds Of such ship on her
last voyage, and also an account, sigued by the mas
ter his agent, OF the entry outwards Of such ship
for the outward voyage, &c. II, however, IL be-
comes cessary to ade any heavy goods before the
whole Of the inward cargo Is dis, harged in order to
stieD OF ballast the ship 1t is lawful for the oolec
tor comptroller to issue TO the ster what called
"st fleming note" being permit 10 receive such
goods for that purpose. After the sho,e Of the in
ward il discharged the collector issues to the
master what is called jerk note, being permit
which authorizes him to receive ON board goods for
his outward cargo. The Hemisphere set sail from
this port soon after the execution of the charter
rsry She arrived at Liverpool 10 June, and soon
alter commenced dscharging. On the Gath OF June,
having discharged part OF her cargo, her master
obtained from the collector stitiening nose,n
tbozing him to receive board railroad iron only.
On the 18th of June all her cargo discharged,
but TIE jerk note" authorizing him to receive his
outward cargo was not obtained till the 30th.
Some railroad iron furnished previous 10 this,
and before July TO- the whole cargo was furnished,
consisting Of railroad and other iron, crates,
boxes OF dry goods, &c, making up q cargo
of general Merchandise The captain, on the
23d day Of June, reported to the agent OF the
respondents that he was rea y to receive cargo.
The ibellants alcge that the lay days commenced
on the receipt of the .stifening note on the 34th
Of June, which would give u EN- seven days demur-
rage, while the respondent claims that they did not
commence until the receipt Of tue jerk note" On
The 30rh, in which case they would be entitled TO NO
demurrage. The preston In the charter party is
thar the lay days commenced from the time the
master reports himself rea0y 10 receive cargo"
They do not commence, however, until he has
right to report himself ready; anG he has no such
n nnft 3ha oh In te asfu Av II 10
not ready 20 long as she IL prohibited by Law from
receivn cargo In consequence OF the noRperferR-
ance Of certain thipgsto be done on her part; and
there can be delay on the part of the cbarterer
until she has been 80 made. Tbe construction OF
that part Of the charter party relating TO lay days
is that the charterer shall have the right TO detaiu
the ship, in order 20 put ON board cargo OF gene
raj merchandise fifteen days after she shall have
been placed at his disposal ard not detained 6a-
siness Of the owner former charterer, and after
she shall have been put in such condition that he
/ can put on board such a cargo She was not de.
tanned by the char.erer before June 30, but By tho
/ owner Tor the purpose OF dlscharging hsr inward
| cargo. Till that time no goods could have beea
! put on board Of her except railroad iron. Pne
respondent was not bo,na to put any sa,-
Ter rarty. He could put On beard cargo o.
get ersl roeI cbandise without putting Oh board
any iron. Till the 30th Of June, then, she was no.
ready to receive cargo OF general pierch lndlse.
and the lay days do not commerce I'LL that time
This also agrees with the custom OF the port OF
Liverpool, as shown by the weight If the evidence
IN the cause. Ne eelay was occasional 20 voc ship
in consequence of the passengers. The weight of
testimony is that she vas fully and properly loaded
and the respondent has groaad for claiming That
the I'D not briSg . full cargo. Nor has be any
ground Of complaint az to the nrmber of pesscn-
gers. The barter party did rot require that 5i3
passen gers should be brought at all events. po-
tion OF the cargo Was place between decks thst
10 many could not have beeu brought without VIC
lating The act Of Congress that subject. Only
800 tesths we're provided by tue ship, ana none by.
the cbsrtertr and only $50 passengers were tea.
oered 10 tie ship, and these she brought. rhe
rgent Of the resyor dent cid not claim that more
berths should be furnished, and thereby agscnted
that no moro passengers shonld he brought. The
respondent II also b the terms OF the cha ter par
T., liable for the hospital and Communication fees in
New York, for quarantine expenses, aud for tho
passenger stores furnished by tue ibelaut. De-
cree, therefore, that the ibelgnts recover the char
Ter money, less what tbey have been paid, besides
the hospital money, &C.. aud the price Of the stores
and reference 10 a commissioner to ascertain tbe
amount.