Page:Federal Reporter, 1st Series, Volume 2.djvu/407

400 FEDERAL REPORTBB. �shown limiting the amount of lumber which a consignee is to receive and take away in a day. Nor is it shown that 30,000 feet is anextraordinary and unusual amount to be discharged and received in a day. On the contrary, the testimony is to the effect that the discharge and deliyery of that amount in a day is a common thing. �The consignees were bound to find a berth where the vessel could have "customary dispatch." This they did not do, either at Twenty-second street or at Chambers street. At the pier and bulk-head they allowed the discharge to be obstructed by the accumulation of lumber, and at Chambers street they gave the vessel a place where she eould not discharge continuously, but had to be unmoored from time to time to allow other ves- sels to pass. The necessary delay in moving the vessel between Twenty-second street and Chambers street was authorized by custom and the vessel must bear that loss. The removal both ways took less than half a day. There was no proof of any delay by reason of bad weather beyond three hours, if so mucu as that. �As a resuit of ail the evidence I find that the vessel was able to disoharge her cargo in eight working days, including the loss of time by bad weather, and by her removal, and that the delay in discharge beyond eight days was caused by tha fault of the consignees. The discharge eommenced on the morning of the second day of July, and should have been finished on the eleventh day of July, excluding Sunday and the fourth of July. The libellant is, therefore, entitled to six days' demurrage, which is fixed by the charter at $35 per day. �Decree for libellant for $210, with iaterest from July 17, 1878, and costa. ����