DEMURRAGE, in the law-merchant, is an allowance made to the master or owners of a ship, by the freighter, when she is detained in port by the latter beyond the specified time of sailing, for his own convenience. A certain number of days, called running or working days, are allowed for receiving and discharging cargo, and it is usually stipulated in charter-parties that the freighter may detain the vessel, either for a speci• fled time, or as long as he pleases, on paying so much per diem for over-time. All the ordinary causes of detention, such • as the crowded:state-of the and the like, are at the risk of the freighter, and D. must though it be proved that the delay was inevitable by him (Commentaries, V. i. 431, Shaw's ed.). "In short," says Mr. Bell, " the rule is, that during the loading or nnloadino. of the ship, the merchant runs all the risk of Interruptions from necessary or accidental causes; while the ship-owners have the risk of all interruptions from the moment the loading or unloading is completed." But D. is not due where the delay arose from deten
tion of the ship by a public enemy, or from hostile occupation of the port; and it can not, of course, be claimed where the fault lay with the owners themselves, or the mas ter, or crew of the vessel. The D. ceases as soon as the vessel is cleared for sailing, though she should be prevented from actually by adverse winds. When the days of D. are limited by special contract, and the ship is detained beyond them, the sum due as D. under the contract will be taken as the measure of the loss for the further time which may be claimed in the form of damages. It will be open, however, to both parties to show, that the rate thus fixed per diem is either too high or too low. Where there is no stipulation beyond the ordinary agreement that the usual time shall be allowed for loading and unloading, the master will be entitled, when this period expires, either to sail or to claim damage for detention.