Declaration and statement annexed.

Ship Protests. most cases for an oath, and consequently there does not appear to be any objection, to prepare the statement of the facts, and declaration, on plain paper, to be signed by the appearers, and solemnly declared to, provided the protesting part and attestation, are on a 5s stamp, and the former annexed to it. This may be conveniently done, by preparing the statement of facts, and declaration, on the first and second sides of a sheet of unstamped paper, and by introducing and annexing into it bookwise, another sheet on a 5s stamp, and by writing the protesting part and attestation on the stamped paper, which when so annexed will form a third page.

That plan may be found very useful and convenient, when owing to any peculiar circumstance of time, place, accident, or sickness of any of the crew, it becomes necessary, to prepare the statement of facts and declaration, on the spur of the moment, and a protest stamp cannot be easily or conveniently obtained; and in that case, the protesting part and attestation, on a 5s stamp, must be annexed to it.

There is another mode, which may frequently be found convenient, which is to introduce on the first page of paper impressed with a stamp duty of 5s, a notarial certificate under the notary's hand and seal, declaring it to form part of the declaration statement of facts and protest, written on the other side, and certifying that (1) See Precedents.

the same were declared and made, on such a day Ship Protests. before the notary; and the advantage of that plan is, that if there are any other circumstances, beyond those narrated by the appearers respecting the vessel", which it may be necessary or desirable for the notary to certify, they may be introduced into the certificate; and on the second and following pages the statement of facts, declaration, protesting part, and a short notarial attestation are to be written; and as the above-mentioned certificate is under the notary's hand and seal, it is not considered necessary to affix the seal also to the attestation, at the end of the instrument(2).

Connected to a certain extent, with ship pro- Certificates of tests, are the notarial certificates of surveys having been held on the vessel or cargo, they are very useful documents to accompany protests, and a form of one of them, is set out amongst the precedents(3).

kinds.

Besides ship protests strictly so called, there Protests of are many kinds of protests relating to other various other matters, as well as to the voyages of vessels, such as protests for refusing to sign proper bills of lading, for not providing a cargo, for not

(1) If the Master, from sickness or absence, cannot join in the Protest, the reason which prevented his so joining, may with propriety, be stated in the Certificate, when the above-mentioned mode is adopted.

(2) A Form is given amongst the Precedents.

(3) See Precedents.

Protests of

various kinds.

Registry.

152

PROTESTS OF VARIOUS KINDS. [Cap. 6.]

delivering goods, for detention, for demurrage, for not signing charter parties, for misconduct or intoxication of the captain, for insufficiency or unseaworthiness of vessels, and for many other things relating to ships, cargoes, and other mercantile matters; those relating to bills of exchange have been already treated upon, and the above-mentioned protests are considered to be of great use in foreign countries, in cases of disputes, or demands, pending with parties residing abroad, and interested in such ships, goods, or matters: a note of any of them may, if desirable, be entered at the notary's office previous to making a formal protest. These kind of protests are in the nature of a declaration of facts, but, as it was not generally speaking thought necessary, to make them on oath, in the form of affidavits, before the passing of the act for the abolition of unnecessary oaths", it is not considered requisite, to add to them, the concluding long form, prescribed by that act, and the schedule referred to in it.

As it is proper, for a notary to keep a registry of protests, the most simple course, and the one least likely to admit of error, is to preserve the drafts of them with care, and at a convenient time, to number and bind them up together; by that plan, correct and certified copies can, at any time afterwards, be made out.

(1) 5th and 6th William IV, c. 62, sec. 15.

CAP. VII.

CHARTERPARTIES.-BOTTOMRY BONDS.-AVERAGE

AGREEMENTS.

CHARTERPARTIES, bottomry bonds, and average agreements, as well as some other instruments relating to shipping, and to commercial matters, are prepared as well by notaries, as by solicitors, and attornies; and though not peculiarly in the department of notaries, yet as they are in the habit of preparing them, some notice of them here, may not be out of place.

A charterparty is usually defined to be a Charterparties. contract, by which an entire ship, or some principal part thereof, is let to a merchant, for the conveyance of goods, on a voyage to one or more places().

It is an instrument in writing, in general under hand only, but when the parties are on the spot, it is occasionally in the form of a deed under seal.

A stamp duty of £1 15s is imposed upon a Stamp Duty. "charterparty, or any agreement or contract for the charter of any ship or vessel, or any memorandum, letter, or other writing, between the master or owner of any ship or vessel, and any other person, for or relating to the freight or

(1) Abbott on Shipping, part 3, c. 1, p. 183; Holt's Law of Shipping and Navigation, vol. 2, c. 1, p. 2.

(2) Statute 55th George III, c. 184.

W

Charterparties. Conveyance of any money, goods, or effects on board of such ship or vessel :" and if containing 30 common law folios of 72 words each, a progressive duty of £1 5s for every entire fifteen. folios, over and above the first fifteen folios.

Parties to them.

Terms and
Conditions.

It is usually made between the owner or master of the one part, and the freighter or person hiring the vessel of the other part, and after once setting out the names of the parties, and mentioning the capacity in which they join in the instrument, they are generally afterwards, to save repetition, merely called "owner," "master," "freighter," or " charterer," as the case may be.

It sets out all the terms and conditions, which the parties intend to enter into, and usually contains an exception, or clause, limiting the liability of one or both of the contracting parties; in some cases it merely limits the liability of the master or owners, and it is then usually introduced at the end of their covenant, or agreement to discharge the cargo, at her place of destination; but in other cases the clause limits the liability, as well of the one party thereto, as of the other, and is introduced at the end of the instrument. There does not appear to be any fixed rule on the subject of that clause, and consequently it is for the parties to determine upon it amongst themselves, and to communicate their wishes, and give proper instructions accordingly respecting it, to the professional person who is employed to prepare the charterparty.