THE SPABTAN. 4 47
In all 13 lighter loads were discharged at Chancay. On the seven-
teenth of J une the Spartan was ordered by blockading vessels to leave
Chancay within 48 hours. The captain and Grace & Co. could not
agree as to the disposition of the vessel. The captain took on some
lumber for Iquiqui, which he intended to make his next port, but the
consignees of the remaining cargo would not consent to receive it
there. They agreed to receive the cargo at Salaverry, two days’ sail
north of Ghancay. Grace & Go. desired the vessel to proceed thither.
The captain refused, and went south to San Lorenzo, where he was
ordered oif by a blockader. He thence proceeded, on the 27th, to
Huacho, where, by permission of Grace & C0., he took on board
other cargo, without prejudice to the charter. On June 25th it was
agreed that he should proceed again to Arica, the blockade there hav-
ing been raised. After some difficulty with the custom-house at Hu-
acho, he sailed for Arica on the sixth of July, and arrived there on
the Hfth of August. He commenced discharging on the following day,
and iinished on the 25th. .
The libelant claimed that “customary dispatch," in general, on the
coast of Peru was 45 tons per day for discharge of merchandise, dead
weight, and 25,000 feet per day for lumber; and that the Spartan
should accordingly have been discharged at Ancon in 25 days after
April 13th, that is, by May 12th; whereas her discharge was not
completed at Arica until 125 days later, for which delay demurrage
at the rate of £15 per day, or about $8,250, was claimed.
The evidence showed that at Ancon, during the 25 working days
(excluding Sundays and surf days) between April 13th and May 12th,
they discharged only 14 lighter loads, on 12 different days; in the
remaining five days at Ancon, they discharged nine lighter loads; at
Chancay they worked nine days, and discharged 13 lighter loads; at
Arica they worked 10 days, and discharged 10 lighter loads. At An-
con there were, in all, 30 working days from the day of the Spartans -
arrival; at Chancay, 22; and at Arica, 14. _
Owen at Gray, for libelant.
Butler, Stillman dl Hubbard, for respondents.
Bnowu, J. The long detention of the Spartan arose out of the suc-
cessive blockade by the Chilian government of the various Peruvian
ports at which the discharge of cargo was sought to be made. Upon
the argument, little stress was laid upon the delay at Arica, when the
Spartan came back there after the removal of the blockade. The
chief complaint is of alleged long continued and inexcusable delays
at Ancon and at Chancay, If the "dispatch customary" at Arica
and Callao is applicable to the discharge at the extemporized ports of
Ancon and Chancay, to which the Spartan went in consequence of
the blockade of Arica and Callao, then the libelant is entitled to, at
least, a substantial part of his demand. If the "customary dispatch"
of those ports is not applicable, and only the rule of reasonable dili-
gence applies, then a very diiferent result will follow.