HAIN STEAMSHIP COMPANY, LTD. v. MINISTER OF FOOD.

(1948) 82 Ll.L.Rep. 386

COURT OF APPEAL.

Before Lord Justice Tucker, Lord Justice Singleton and Lord Justice Denning.

Charter-party - Freight - Demurrage - "Centrocon" charter-party-Ship to load wheat and/or maize and/or rye- Ship fully loaded at Buenos Aires partly with specified cargo and partly with optional cargo, but short of her deadweight capacity for wheat in bags -Cargo discharged at Liverpool and Avonmouth - Cargo not weighed on discharge at Avonmouth-Provisions in charter: 6. Charterers have the option of shipping other lawful merchandise, cotton, sugar, quebracho wood, quebracho extract and distillery residue excluded, in which case freight to be paid on steamer's deadweight capacity for wheat in bags on this voyage at the rate above agreed on for heavy grain, but steamer not to earn more freight than she would if loaded with a full cargo of wheat in bags. This option can only be used if the quantity of other lawful merchandise as above shall amount to not less than 200 tons. All extra expenses in loading and discharging such merchandise over heavy grain to be paid by charterers . . . 13. The steamer shall be loaded at the rate of 500 tons per running day . . . otherwise demurrage shall be paid by the charterers as per clause No. 48 . . . 25. At destination cargo to be received at the average rate of not less than 1000 tons per weather working day . . . for bulk cargo, and at the average rate of not less than 750 tons per weather working day . . . for bagged cargo . . . demurrage, if incurred, to be paid by consignees at the rates stipulated in Clause 48. 48. Demurrage in loading and/or discharging to be at the rate of eightpence per gross registered ton per day, or pro rata for part of a day.