Demurrage

The delay of a vessel by the freighter beyond the time allowed for loading, unloading, or sailing. Payment for such delay. The amount due by the freighter or charterer to the owner of the vessel for such delay.

5 E. & B. 755; Abb. Adm. Dec. 548; Gronn v. Woodruff, 19 Fed. 144.

Demurrage may become due either by the ship's detention for the purpose of loading or unloading the cargo, either before or during or after the voyage, or in waiting for convoy; 3 Kent 159; Van Etten v. Newton, 134 N. Y. 143, 31 N. E. 334, 30 Am. St. Rep. 630; Donaldson v. Mc Dowell, 1 Holmes 290, Fed. Cas. No. 3,9S5; Creighton v. Dilks, 49 Fed. 107; Porter, Bills of L. 356. Where neither the charter nor the bill of lading contained any provisions as to demurrage, and the master made no formal suit until long after, demurrage could not be recovered; Mc Keen v. Morse, 49 Fed. 253, 1 C. C. A. 237; Gage v. Morse, 12 Allen (Mass.) 410, 90 Am. Dec. 155; and it is said the English authorities are uniformly against such a liability; id.

5 El. & B. 755, 589; 10