"Z" STEAMSHIP COMPANY, LTD. v. AMTORG, NEW YORK.

(1938) 61 Ll.L.Rep. 97

KING'S BENCH DIVISION.

Before Mr. Justice Goddard.

Charter-party - Dispatch money - Deduction from freight-Claim by shipowners against charterers for overcharged dispatch money - Plaintiffs' vessel chartered by defendants to load cargo of coal at Mariupol and proceed to Boston, U.S.A., to discharge - "5. Steamer. . . . to be loaded at the average rate of 600 tons per weather working day, Sundays, official and local holidays excepted. Charterers have the right of working during the excepted periods, also at night time, without counting the time, they paying all extra expenses incurred thereby . . . 6. Cargo to be taken out of steamer's holds discharged and received by merchants at their risk and expense and to be discharged at the average rate of 800 tons per weather working day, Sundays, official and local holidays excepted whether used or not. . . . Time allowed for loading and discharging as per Clauses 5 and 6 to be reversible. 8. Owners shall have a lien on the cargo for freight, dead freight, demurrage and damages for detention. Charterers shall remain responsible for dead freight and demurrage (including damages for detention), incurred at port(s) of loading. Charterers shall also remain responsible for freight, dead freight, and demurrage (including damages for detention) incurred at port(s) of discharge, but only to such extent as the owners have been unable to obtain payment thereof by exercising the lien on the cargo. 20. Owners to pay charterers £15 (fifteen pounds) per day or pro rata dispatch money for all time saved in loading and discharging, to be settled at each end if required by charterers. 30. . . . Saturdays and days preceding general or local holidays to count only as three quarters of a day whether used or not. On Monday and the day after general or local holidays, time not to count until 8 a.m. whether used or not"-Lien on cargo not exercised by shipowners-Whether

claim for freight enforceable against charterers-Time occupied in loading and discharging-Meaning of "day" -Monday preceding holiday-Calculation of dispatch money - Whether laytime reversible for purpose of calculating dispatch money-American legislation affecting coal industry- Local arrangement agreed between employers and employees in coal trade at Boston whereby Saturday was recognised as a holiday - Whether an "official" or "local" holiday within the meaning of the charter-party.