Page:Federal Reporter, 1st Series, Volume 8.djvu/634

620 FEDERAL REPORTER. �Thu Maggie Moobe. �(Circuit Court, D. Mwryland. May 28, 1881.) �1. Charter- Partt—Safe Port. �The owner of a veasel chartered her to carry a cargo of grain from Baltimore to a safeport on the continent between Bordeaux and Hamburg, or as near thereto as she could al ways float with saf ety ; order to be given on signing blll of lading ; charterer's liabillty to cease as soon as the cargo was shipped, but vessel to have a lien on the cargo for all f reight, dead freight, and demurrage. When cargo had been put aboard, the master, without objection to the port, executed bills of lading for delivery of the cargo to charterers or their assigns at Calau, France. The vessel was delayed in getting into the port of Calais by want of water on the bar at the mouth of the harbor, and also suiiered delay in dis- charging because the dock wasr out of repair and could not admit her, and the owner in this libel in personam sued the charterers for damages for ordering the vessel to an unsafe port. Hdd, that Calais being a well-linown commercial portj the master, by signing the bills of lading in which Calais was named, and agreeing to deliver the cargo there, had accepted that port as a safe one, and thereby bound his owner ; that the risk of the ignoratice of the master, or his incompetency to decide whether or not it was a safe port for the vessel, was to be borne by the owner and not by the charterer. Held, also, that the master, having accepted the port as a safe one, was bound to tender the cargo as near thereto as the vessel could get and float with safety, and that for demurrage and expenses thereafter the consignee of the bill of lading would be liable, and not the charterer, under the limitation of liability contained in the charter- party. �Appeal in Admiralty. �Sebastian Brown, for libellant. �Marshall d Fisher, for respondents. �Waite, Chief Justice. Andrew K, Moore, the appellani and libel- lant, was the owner of the bark Maggie Moore, and on the twenty- fifth of August, 1879, through agents at Baltimore, he ehartered his vessel to Milmine, Bodman <fe Co., the appellees and respondents, to take a cargo of wheat or Indian corn "from the port of Baltimore, Mdi, to a safe port on the continent between Bordeaux and Ham- burg, both included ; orders to be given on signing bills of lading ; one port only to be used, or as near thereunto as she can always float with safety." Twenty-seven running days were given for load- ing and discharging; and for detention beyond that, by default of the chai'terers or their agent, demurrage at the rate of £18 per day, day by day, was to be paid. The charter-party also contained the following : �" The cargo or cargoes to be received and delivered alongside of the vessel, vvhere she can load and discharge always afloat, witliin reach of her tackles. ��� �