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DEMURRAGE Definition & Legal Meaning

Definition & Citations:

In maritime law. The sum which is fixed by the contract of carriage, or which is allowed, as remuneration to the owner of a ship for the detention of his vessel beyond the number of days allowed by the charter-party for loading and unloading or for sailing. Also the detention of the vessel by the freighter beyond such time. See 3 Kent, Comm. 203; 2 Steph. Comm. 1S5. The Apollon, 9 Wheat. 378, 0 L. Ed. Ill; Fisher v. Abeel, 44 IIow. Prac. (N. Y.) 440; Wo id in v. Bemis, 32 Conn. 273, 85 Am.Dec. 255; Cross v. Beard, 20 N. Y. 85; The J. E. Owen (D. C.) 54 Fed. 185; Falkenburg v. Clark, 11 It. I. 2S3. Demurrage is only an extended freight or reward to the vessel, in compensation for the earnings she is improperly caused to lose. Every improper detention of a vessel may be considered a demurrage, and compensation under that name be obtained for it.Donaldson v. McDowell. Holmes. 290, Fed Cas. No. 3.985.Demurrage is the allowance or compensation due to the master or owners of a ship,by the freighter, for the time the vessel may have been detained beyond the time specified or implied in the contract of affreightment or the charter-party. Bell.


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