The Portland daily press., 1899-02-22
QUESTION OF DExuRRAeE.
light Hundred Dollars Claimed by
Owners Of the Augustus Hunt

Libel FILED in the United states Court
Case That 4. OF some Interest ."
ship Owners.
A matter of great interest to tho snip
owners will shortly come up I'D .ue
United states District court beiore ouuse
Webb. This case gro VS. out OF the hpei
of Robert Blair Of NJ alden, master Oh the
schooner Augustus Hunt, against cargo
of ,7Es tons Of Cumberland coal now In
,ha ward Of the Maine Central railroad In
Portland.
This libel which has been filed IN the
United States court alleges that ON Janu :
ary ESD, 1899, that certain persons named
In the libel were owners OF the schooner
Augustus Hunt. That ON or about the
9th of January said schooner was chart
cred to carry a cargo of coal from Phila-
delphia to Portland for Sl.bo ton the
cargo to be discharged free of expense to
the schooner.
In pursuance of this charter the vessel
received its cargo of coal from the Davis
Coke and Coal company, 1855 tons oil
Davis Bituminous ceal Of 224o pounds
s,ch for which the mast of the Angus
tus Hunt signed tho usual bills OF ladins
and promised to deliver said cargo in Ike
good order and condition at Portland,
the dangers OF sea alone excepted, unto
the Maine Central Railroad company they
paying freight for the same at the rate OF
81. 80 per ton delivered outside the bridges
and bridge money IL the consignee desire ]
the vessel to pass through the bridges
1t WINS further agreed by the charter
end bill of lading that "a hours afteI the
arrival of the schooner at Portland ana
the consignee had been notified there
should be allowed for receiving sHla
cargo at the rate of one day, Sunday anu
legal holidays excepted, for every i9o top'
Of said cargo after which the cargo. con-
sigpee or assignee should pay demurraee
at the rate of six cents per ton, Snhoa.
and legal holi lays not ex cepted upon iuii
amount OF cargo for each and every DAY
of detention and pro rata for parts ana
portions of day hey ond the time specified
until the cargo was fully discharged ana
that said schooner after the arrival ana
of "a hours should have precedence in dis
charging over all vessels arriving or
giving notice after her arrival and that
for violation of this latter provision In
this charter said vesseel should be conn.,
pensated in deinurrage as II while SO de
laycd her discharge had proceeded at the
rata of 800 tons day.
nj tlaI from Pbilp-
delphia on January 90 and arrived 10
Portland ON January 20 and the same
night reported to the conslgnees. On
January a7th the schooners John lwohy
and Lewis H. Coward arrived at Port
land with oargoes OF coal consigned to the
Maine Central and the masters of the g
vessels reported to the consignee. On TIE
ssth of January the Maine Central Instead
of furnishing IA berth and discharging the
Augustus Hunt gave berth to the
schooner John Twohy, and on January
3Oth upon completion of the discharge oil
the cargo of the John Twohy gave berth
to the schooner Lewis II. Coward and
duriuu this time the litelant's vessel
was allowed to remain at anchor In the
stream urLlI feOruhIy 'tu nv toh " SioSN
in the forenoon when the Augustus Hunt
was locked and the discharge of her cargo
commenced.
The libel further states that owing TO
the failure Of the Maine Central to dis
charge the Augustus Hunt in the order (
her arrival and by reason OF precedence in
discharge being given to the two schoon
ers John Twohy and Lewis II. Coward
the libellant vessel under the terms of ths
charter and bill OF laden became entitled
to be mpensated in demurrsge thus en-
titliug the ljbellant to demurrage a the
rate of sos 30 cents "a day or the sum of
$500. The libel continued to pray that &C
cording TO the due course of law the cour
might issue against this 1855 tons OF coal
and that the court would decree the pay
ment Of the demurrage claimed and shat
the coal in question might be condemned
and sold TO pay the same.
This libel was returnable yesterday in
the District court and the hearing on the
case will probably be given in few days
benjamin Thompson. Esq, appears as
proctor for the libelant in tins matter.
Ship owners will follow this case with
great interest.
HARBOR NOTES.