1. Shipping — Discharge oe Cargo — Refusal by Consignee to Receive — Duty oe Ship.

Where a consignee refuses to receive cargo in accordance with the provisions of the charter-party, the ship-master is authorized to land and store it at the nearest proper and convenient port, having reference to his own convenience and the apparent best interests of its owner, and always acting prudentLy and in good faith.

,2. Same — Lighters Destroyed by Storm — Statement oe Case.

The ship S., whose charter provided that her cargo should be delivered at the ship’s side, lay in the roadstead of Santa Rosalia, and had discharged only about one-half of her cargo when her lay days expired, and the following day the lighters of the consignee were destroyed by a storm. The only method of discharging was into lighters. The place was an open roadstead, dangerous in the event of bad weather. A week later, despite the necessary protests, the consignee had done nothing, and still refused to do anything, towards discharging the balance of the cargo. On that day, after asking the consignee to designate a port where the balance of the cargo could be discharged, jvhieh the consignee refused to do, the vessel sailed for San Francisco, and on arrival discharged and libeled the cargo for freight and demurrage. Held, that under the circumstances the ship was justified in taking the cargo to sqme place where it could be stored for the benefit of the consignee, subject to the payment of freight and charges.

8. Demurrage — Mutual Neglect.

A vessel took a cargo to Santa Rosalia; her charter providing that it was to be discharged along-side “any craft, steamer, or floating depot, or any wharf or pier, where she can always safely lie afloat. ” There is only an open roadstead at Santa Rosalia. The cargo was not discharged within the lay days, partly because the buckets used by the ship were insufficient and her supply of men short, and partly because the lighters furnished by the consignee, and which were the only means of discharging, were inadequate for the purpose. Held, that neither ship nor consignee should be allowed demurrage for such period.