Page:Federal Reporter, 1st Series, Volume 1.djvu/194

186 FEDERAL REPORTER. �construed with reference to the subject-matter and circum- stances with regard to which it is used; it has a more uneer- tain meaning than the words "almost," "nearly," "well nigh;" and, unless I adopt the method last above indicated, I think we are entirely without any guide in ascertaining its meaning as used in this charter, and what was the intention of the parties expressed by it. �It plainly appears from the contract that the charterers took a great many risks, in respect to the steamer arriving in time for their purpose, which they would not have taken if they could have obtained the stipulation which they tried to get from the owners, but could not, viz., a stipulation that they were to be released if the steamer did not arrive in time for the August shipment. They were refused that stipula- tion, and they took the charter wifchout it, and assumed ail the risks of her non-arrival by reason of the weather and the accidents of navigation, which always rest upon the charterer unless there is a stipulation that the vessel shall arrive by a particular day. �There are, in the reports, numerous decisions in which long delays, even extending to one and fcwo years, arising from embargoes or perils of the sea, bave been held not to absolve the charterer from loading the vessel when finally tendered. There is no argument, therefore, to be adduced from the alleged hardship of the case. In dealing with contracta with regard to vessels there must frequently be great losses arising from delays for which neither owner nor charterer is to blame. Upon whom that loss must fall must be determined by the con- tract; and, as was said in Dimeck v. Cotlett, 12 Moore's Privy Counsel Cases, 228, "if the parties have not expressly stated for themselves in the charter-party that unless the vessel sailed by a specified day the charter-party should be at an end, the court ought to beslowto make such a stipulation for them." �I have exarained with care the decisions which were cited by counsel, but I bave not been able to find that in any case at ail similar to the one under consideration, and in which no particular day or period of time was stipulated for the sailing ��� �