The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-11-14
DEMURRACE DECISION is
GIVEN BY JUDGE SHEPPARD

day the loading is completed without
counting it as a lay day, or for dis
patch money. Charterer claims twen-
~ and one-half days dispatch, insist
ing, that by reason of the above pro-
vision that the clearance day was not
to be counted in the computation OF
lay days. The masters contention is,
that the "a IL lay days stipulated
for, began on June 9Th and concluded
July 3rd at noon. That, notwithstande
ing the charterer was entitled 70
twenty-four hours in which to clear
the vessel. the charterer was not en-
titled to dispatch money for the ex.
cspted holiday and Sunday which In
tervened between the third of July.
which was the expiration of the lay
days and Monday. July 9Th, the last
day for clearance.
COMPUTING LAY DAYS.
By reference to the computation of
lay days made by the chartereF and
used by counsel TO illustrate his argu-
ment it win he observed that by omit
ting the fifteenth of the month the
day on which the vessel finished load
ing. the lay days would have expired
Monday, July 9Th, at noon-thus eK-
tending the days saved, for which he
would claim dispatch money beyond
the fourth and fifth of July and thus
he would be entitled to 20 1-2 dis
patch days.
Let US see if a fair and reasonable
Interpretation of this contract viii ad~
nit of this construction of the char
ter party providing for the time to
be consumed in loading the vessel.
The rule for asceTtaining the inten-
ton of parties by such provisions. is
that, when the time is definitely fixed
ms m hn In
fore hand, there is an absolute obi
CATION OF the charterer to have the
work completed within the period
specified whatever circumstances oc-"
cur Now by reference to the char
ter party wa find the lay days allow
ed definitely fixed before the perform
ance of the charter was entered upon.
The charter provided lay days, at
one and quarter per tons net regis
ter, Sundays and legal holidays eN-
cepted, which would allow the char
teFer "a 1-2 days from June 9th, the
day loading began. 1t will be seen
that the "a 1-2 days would have ex-
pired on July Bird at noon. According
TO the general rule for constituting
such provisions in a charter. the lay
days under this contract expired at
noon July 3rd. A different interpreta-
ton of the provision for lay days, 1t
seems, would allow the charterer dis
patch money on the fiction that the
delayed clearance days, to-wit, the
fourth and fifth of July. were saved
to the ship. A memoranda compute
ton which follows here illustrates the
modus operandi by which I have
reached the above Interpretation or
that provision of the charter.
PAYING OF FEES.
The fifteenth clause of the charter
provides that chartererS or their
agents shall pay wharfage, custom
house, quarantine dues, consular fees,
for entrance and clearance, har0or-
masters fees, pilotage in and out.
Charterer paid tonnage dues and
port charges estimated on basis or
1857 tons British admeasurement, but
insists that he is not liable for the
additional tonnage tax levied by thd
customs officials on resurvey OF the
vessel while in port, pursuant TO the
requirements of the act of congress of
1898.
I think the additional tax is one of
the customs house dues, that by the
term Of the charter were imposed up
on the charterer, and if it were not
so intended. charter should have ex-
empted himself from such alleged ex-
ira charges by some definite exception
as that he would be liable only for
tonnage dues on the tonnage express
ed in the vessels register.
Giving the clause of the charter as
to lay DAYS the construction as indi-
Gated, and interpreting the provision
as to custom house dues to include
the legitimate charges made at the
custom house necessary TO the YES
sells clearance, it follows that judg-
kmsRt VIII have IN "a againSt tia char