Page:Federal Reporter, 1st Series, Volume 3.djvu/668

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BEBTELLOTE V, £ASX 07 CABQO 07 BBIMBTOKB. 661 �required by the laws of Ma country for the support of hia men. For thia cauae they are declared entitled to their dia- charge, and to be paid the balance of their wages due to them at the time they left the ship. �It is lurther claimed in the libel that they are entitled to recover damages for having been put upon -ahort allowance. The master having broken his contraot with the libellants, and they having been injured thereby, they should be indem- nified. In such cases seamen have always received some compensation, and an allowance of one month's extra pay is for this cause decreed to each of the libellants. ���Bertellotb V. Part of Cargo of Brimstone. (District Court, D. MO/ryland. Beptember 14, 1880.) �1. CatîSO — Unloading — CcrsTOMS of Poet. — The owner of a vessel la �bound by the customs of a port to which he contracts to carry a cargoj ■where the charter provides that " the cargo is to be brought along* gide the vcssel and takeaaway at the expense and risk of the charter- ers, according to the use and customs of the place of loading and dis- charging." �2. CusTOM OF Pout— UsiiOADiNG Cargo — Brimstone. — The custom of �a port to stop discharging cargoes of brimstone when there is a high wind, is not unreasonable. �3. Evidence — Customart Dispatch. — A charter provided " for prompt �loading, without loss of time, weather permitting, and customary lay days for discharging." Eeld, under all the circumstances attendlng thediseharge of the cargo, that the vessel had customary dispatch, and a libel for demurrage should be dismissed. �In Admiralty. Libel for Demurrage. �Brown d Smith, for libellant. �C. N. West, for respondents. �Morris, D. J. The Italian bark Geromina Madre brought to the port of Baltimore a cargo of over 900 tons of brim- stone. She arrived April 24, 1880, commenced discharging on the 27th, and finiahed May 18th. This libel is filed by the master of the bark, alleging that he was detained in all ����