Dispatch

As used in charter-parties, relative to the discharge of vessels, has frequently been the subject of definition. Customary or usual dispatch. In accordance or consistently with all well-established usages of the port of discharge.8 The usual dispatch of persons who are ready to receive a cargo. ' Excludes a custom by which a charterer may decline to receive a cargo, because it is advantageous to postpone." "Customary dispatch in discharging "means dis- > State V. Maxwell, 33 Conn. 259 (1866), Hinman, C. J. ' See 1 Bish. Cr. L. § 1106; 4 Bl. Com. 167. 'Thatcher v. State, 48 Ark. 63-64 (1886); 120 Mass. 356- 30 N. J. L. 104. • Commonwealth v. Hopkins, 133 Mass. 381 (1883), cases.

3 See 4 Bl. Com. 169. '2B1.

Com. 70., ^_„^ ' See Roberts v. Medbery, 132 Mass. 101 (1882), cases; Robertson v. Pickrell, 109 U. S. 616 (1883). charging with speed, haste, expedition, due diligence, according to the lawful, reasonable, well known customs of the port of discharge; the same as "usual dispatch," but not the same as " qmok dispatch," which excludes certain usages and customs.' When there is no undertaking to imload the vessel within a specified time, but she is to be discharged " with all possible dispatch," or " with usual dispatch," or "with the customary dispatch of the port," or " within reasonable time," the freighter must use rear sonable diligence to do his part toward unloading according to the terms and meaning o£ the charterparty.'*