DEMURRAGE ( oram • from demon r, In th.lay. Lat. di II 011114, to de. down inoritri, to delay I. In admiralty law. an allowance made to the or owners of a ship by the freighter when he is detained ill port by the latter beyond the ,peeitied time of sailing for Ids own eotiv•niem•e. \ certain number of days, call, d running Dr working days, are allowed for ree• di-, barging cargo, and it usually stipulated in dia•ter-parties that the freighter may detain the vessel. either for a specified time or as long as he pleases. on paying so much per diem for overtime. All the ordinary causes of detention, such as port regulations. the crowded .4ate of the harbor, and the like, are at the risk of the freighter, and demurrage must be paid, though it be proved that the delay was unavoid able, unless it is due to the ship-owner's fault. The demurrage ceases as soon as the vessel is cleared for sailing, though she should he pre vented from actually doing so by adverse winds.
When the days of demurrage are limited by spe cial contract. and the ship is detained beyond them. the sum due as demurrage under the con tract will he 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 pfr diem is either too high or too low. 'Where there is no stipulation beyond the ordinary agree ment that the usual time shall be allowed for loading and unloading. the master will be en titled. when this period expires. either to sail or to claim damages for detention. A suit for the recovery of denuirrage is an admiralty and mari time ease. Consult the authorities referred to under ADMIRALTY LAW.