Elvers

(after stating the facts as above). There is but one question for review by this court, namely: Does tire amend *707 ed libel state a cause of action against the respondent (appellee) ? The determination’of that question rests upon the construction oí the charter party signed by the parties, with particular reference to the effect to be given to the lien and cesser clause therein contained.

The charter party specifically states the number of lay days which shall be allowed to the charterers for loading of the vessel, and the conditions for discharge of cargo, and then follows the agreement by the charterer, absolute in form, to pay to the shipowner demurrage at the rate of three pence sterling per register ton per day for each and every day’s detention of the vessel by the fault of the charterer. The libelants here seek to recover under the liability thus created, but the respondent claims it is absolved from that liability by the lien and cesser clause later appearing in the charter, and that the libelants, not having availed themselves of the privilege afforded by the lien clause, cannot maintain the present libel against the respondent. The lien and cesser clause provides:

In…