Page:Federal Reporter, 1st Series, Volume 8.djvu/635

THE HAOGIE MOOBS. .621 �Lighterage, if any, tobeat the expense and risk of the cargo. Jhe cbarterers' liability to eease as soon as the cargo is shipped, but the vessel to have a lien on the cargo for all freight, dead freight, and demurrage." �The vessel was loaded under the charter, and on the twenty-fourth of October her master, without objection, executed bills of ladingfor the delivery of the cargo to the charterers or their assigna at the port of Calais, France, a commercial port on the continent between Bor- deaux and Hamburg. The master was at the time personally unac- quainted with the exact character of the port, having never been there. The harbor is somewhat difficult of acoess, owing to a bar at the mouth, which vessels requiring the water the Moore did when loaded can only pass at spring-tide. The dock in the harbor, within which, when in repair, vessels : that could get over the bar wpuld always remain afloat, had been for 18 months so much, ont pf repair as not to be at all stages of the tide sufficient for that purpose. Except in this dock vessels like the Moore could not float in the harbor more than two or three hours duringeaoh tide. �The Moore, with her cargo on board, arrived within seven miles ,of Calais on the twenty-second of November. Her m^gtor was there informed by the pilot that on account of the tidep it would be impos- sible to get her into the harbor for eight days. She was then tak^n to the downs, 21 miles from Calais, where she la^y at 9,nchor until the thirtieth of November. In the mean tim^ her ^ent in Londcai was in communication with a broker in Calais to fiad out when she-could be got in. On the 30th, without waiting to hear further> her mas;ter engagea a tug and was about making another attempt to , take the vessel over the bar, when he was told that a baik was aground in the mouth of the port and nothing could get in or out. He then went ashore and protested against the place to which the vessel had been sent under the charter. In hoisting an anchor at the downs 8G,.g,s to change the anchorage ground the windlass of the vessel was broken. In this and other ways she was detained, so that she could not take advantage of the tides and get over the bar at Calais until December 15th. She then got into the harbor, but was unable to pass over the sill at the gate of the dock with the water she was drawing. Notice was then for the first time given the consignees of the cargo of her readiness to discharge, and on the I7th she began unloading at the tidal quay outside the dock. After enough of the cargo had been taken out to enable her to pass the gates of the dock it was found she could not get a.berth inside at which she could unload for some days, and an arrangement was made with the consignees by which ��� �