Page:Federal Reporter, 1st Series, Volume 8.djvu/636

J^S FBDEEAIi aEPOKTBR. �tBe' delivery was to be completed outside. TJnder this arrangement the iinloading was finished on the fifth of January. �This suit was begun against the charterers in personam to recover Buch damages as the vessel sustained by her detention over and above what ^as covered by the provisions in the charter-party for denmrrage, on the ground that Calais was not a safe port. There is no allegation in the libel of any specifie damage to the vessel from gtonnding while in the harbor, and no injury to the vessel while she was detained is shown except the breaking of the windlass in getting up the anchor at the Downs. Upon these facts, which are nndis- puted, the district court dismissed the libel, and from that decree this appeal was taken. �The question -which, as I think, lies at the foundation of the case is not whether Calais was a safe port, or whether if objection had been made at the time the vessel could have been required to go there under her charter, but whether, having gone without objection, the charterers are liable to the owner, under the provisions of this eharter-party, for her detention while waiting to get over the bar and into^the harbor. The charter-party did not fix definitely the port to -^hich the vessel was to go. That wae to be settled when the bills of ladiiig were signed: The liability of the charterers, as charterers, was to cease when 'Ibis cargo was shipped. Shipment is completa when the cargo is (Mi board arid bills of lading delivered. The vessel oould not be requifed to go to a port which was not, in law, safe. From this it oeems *<i me clear that, so far as the charterers' liability is conoerned, the owner is limited, in respect to his objections to the port, to the time when he signs the bills of lading. If he accepts the port and gives bills -of lading agreeing to deliver aecordingly, he relieves the charterei?s from the liability under the charter on account ■ of the port to whioh his vessel is to be sent, and transfers his claims for compensation from them to -the cargo. Should he refuse to sign bills of lading for the designated port, the question would be at once ■presented between him and the charterers whether the port was a safe one. If it was, he would be liable to the charterers for a breaeh of his contraet. If it was not, and the charterers refused to load for ■^another port, they would be liable to him. If he accepts the port, as the bills of lading are to be construed in connection with the eharter- party, his vessel would be bound to go only so near the port as she could always float with safety, and the consignees of the cargo could be required to aceept a delivery of the cargo there.'. Demurrage would begin on the arrivai of the vessel at that place aud an offer to deliver ��� �