42 F. 167 | C.C.N.D. Fla. | 1890
In July, 1888, the owners of the steam-ship Starlight, then at New Orleans, through their duly-authorized agents, entered into a charter-party with the libelants for a voyage from Pensacola, Fla., to Liverpool, England, to carry for charterers a full and complete cargo of timber for the lump sum of £1,750. The charter-party provided that the ship should carry “a full and complete cargo, to consist of sawn timber and / or deals, and / or boards, at merchants’option, * * * not exceeding what she can reasonably stow and carry over and above her cabin, crew, and fuel spaces, tackle, apparel, provisions, and furniture; * * * that the entire carrying capacity of the steamer, including all spaces in which steamer may previously have carried cargo, to he at the disposal of the charterers. * * * Charterers to have privilege of shipping a deck-load of timber, provided surveyor permits.” Further, the charter provided that, if the vessel should take 1,500 loads cargo or more, the charterers would pay a further sum of £50, or in all a lump sum of £1,800; and authorizing the ship to call at any port or ports for coal and other supplies. When the ship reported at Pensacola her decks were covered with coal said to be required for the voyage to Liverpool. The master, however, stated at the quarantine station, when asked why he had his coal on deck, that it was because he did not intend to take any deck-load. The charterers requested him to remove the coal, so as