The delay of a vessel by the freighter beyond the time allowed for loading, unloading, or sailing. Payment for such delay. The amount due by the freighter or char- terer to the owner of the vessel for such de- lay. 5 E. & B. 755; Abb. Adm. Dec. 548; 19 Fed. Rep. 144. Demurrage may become due either by the ship's detention for the purpose of loading or unloading the cargo, either before or dur- ing or after the voyage, or in waiting for convoy; 3 Kent 159; Abbott, Shipp. 192; Pars. Mar. Law; 26 N. Y. 85; 134 d. 143; 1 Holmes 290; 49 Fed. Rep. 107; 65 Hun 625; 1 C. C. A. 85; Porter, Bills of L. 356. Where neither the charter nor the bill of lading contained any provisions as to de- murrage, and the master made no formal protest against the delay, but signed the bill of lading without objection and did not bring suit until long after, demurrage could not be recovered; 1 C. C. A. 237. Under the terms of a charter where de- murrage was to be paid for each working day beyond the days allowed for loading, the time lost by reason of storms before the beginning of the lay days, or after their ex- piration, could not be deducted in comput- ing the demurrage: 2C. C. A. 656. The term "working days" in maritime affairs means calendar days, on which the law permits work to be done, and excludes Sundays and legal holidays, but not stormy days; 2 C. C. A. 650. But see 142 N. Y. 279, where it was held that Sundays are properly included in computing demurrage, when demurrage has begun to run. Where there are no agreed demurrage days for loading the case is one of implied contract to load with reasonable diligence; 74 Fed. Rep. 247. See LAY DAYS. DEMURRER (Lat. demorari, Old Fr. demorrer, to stay; to abide). In Pleading. An allegation, that, admitting the facts of the preceding pleading to be true, as stated by the party making it, he has yet shown no cause why the party demurring should be compelled by the court to proceed fur- ther. A declaration that the party demur- ring will go no further, because the other has shown nothing against him; 5 Mod. 232; Co. Litt. 71 b. It imports that the ob- jecting party will not proceed, but will wait the judgment of the court whether he is bound so to do; Co. Litt. 71b; Steph. Pl. 61; Pep. Pl, 11. In Equity. An allegation of a defend- ant, which, admitting the matters of fact alleged by the bill to be true, shows that as they are therein set forth they are insuffi- cient for the plaintiff to proceed upon or to oblige the defendant to answer; or that, for some reason apparent on the face of the bill, or on account of the omission of some mat- ter which ought to be contained therein, or for want of some circumstances which ought to be attendant thereon, the defend- ant ought not to be compelled to answer to the whole bill, or to some certain part thereof. Mitf. Eq. Pl. 107. On demurrer a bill must be taken as true, and matter in avoidance is not available; 57 Fed. Rep. 433. A demurrer may be either to the relief asked by the bill, or to both the relief and the discovery; 5 Johns. Ch. 184; 10 Paige, Ch. 210; but not to the discovery alone where it is merely incidental to the relief; 2 Bro. Ch. 123; 1 Y. & C. 197; 1 S. & S. 83. It is said by Langdell (Eq. Pl. 60) that every proper demurrer is to relief alone; and that while it always, if well taken, pro- tects the defendant from giving any discov ery, that is a legal consequence merely. As. to exceptions to avoid self-crimination, see 3 Johns. Ch. 407; 1 Hayw. 167; 2 H. & G. 382; 6 Day 361. If it goes to the whole of the relief, it generally defeats the discovery if successful; 2 Bro. Ch. 319; 3 Edw. Ch. 117; Saxt. 858; Walk. Ch. 35; 5 Metc. 525; otherwise, if to part only; Ad. Eq. 334; Story, Eq. Pl. § 545; 10 Paige, Ch. 210. It may be brought either to original or supplemental bills; and there are peculiar causes of demurrer in the different classes of supplemental bills; 2 Madd. 387; 4 Sim. 76; 3 Hare 476; 3 P. Wms. 284; 4 Paige, Ch. 259; 7 Johns. Ch. 250; 18 Pet. 6, 14; Story, Eq. Pl. § 611. Demurrers are general, where no partic- ular cause is assigned except the usual formulary that there is no equity in the bill, or special, where the particular defects are pointed out; Story, Eq. Pl. § 455; Dan. Ch. Pr. 586. General demurrers are used to point out defects of substance; special, to point out defects in form. "The terms have a different meaning in equity] from what they have at common law;" Langd Eq. Pl. 58. The defendant may demur to part of the bill; 2 Barb. Ch. 106; and plead or answer to the residue, or both plead and answer to separate parts thereof; 3 P. Wms. 80; € Johns. Ch. 214; 4 Wis. 54; taking care sc to apply them to different and distinct parts of the bill that each may be consist- ent with the others; 3 M. & C. 653; 1 Keen 389; 23 Miss. 304; Story, Eq. Pl. §442; but if it be to the whole bill, and a part be good, the demurrer must be overruled; 27 Miss. 419; 5 Ired. Eq. 86; 29 Me. 273; 12 Metc. 323; 36 W. Va. 582. If it i