Elvers

This is an action on the part of the shipowners against the charterers for demurrage at the port of loading. The charter contains the following provisions:

The provision for the payment of demurrage by the charterers applied alike to delays in loading and delays in discharging.

As the libel is against the charterers in personam, exceptions have been filed to it, on the ground that it states no cause of action against respondents, the charterers, because of the cesser clause in the charter, but that libelants’ only remedy is an action in rem against the cargo. The action was, however, fully tried, and these exceptions are taken to an amended libel, filed at or about the close of the trial. Similar exceptions taken to the original libel were overruled by the former *362 judge of this court. The high regard which I have for the late Judge De Haven’s learning has caused me to hesitate long before deciding that the exceptions to the amended libel are well taken. But a careful study of the English and American cases in which the effect of so-called “cesser clauses” has been passed upon, has led me to the conclusion that under the provisions of this charter the cesser clause is…