A Treatise of the Law Relative to Merchant Ships and Seamen

that it was Point Linus light, but it afterwards turned out to be the light of the steamer Vesuvius. That this appearer, the said E. F., immediately went below for a light, and brought a lantern on deck, and showed the light over the starboard bow; and this appearer, the said A. B., put the helm of the Anne Mary to the starboard until the course was altered from west-north-west to south-west, in order to avoid the steamer. That after so altering their course, this appearer, the said E. F., shifted the light from the bow to abaft the rigging on the starboard side, to make it better seen by the crew on board the steamer; and both these appearers, the said A. B. and E. F., called out to the steamer to starboard her helm; and about five minutes after the light was shown, the steamer struck the Anne Mary, and she went down in a minute afterwards. And this appearer, the said C. D., for himself, declares and says, that he was below in bed, and was awoke by the said A. B. calling out, "Steamer ahoy!" and he immediately ran upon deck in his shirt and drawers, and saw the appearer, the said E. F., holding a lantern on the starboard quarter; and this appearer, the said C. D., had not been a minute on deck before the steamer struck the Anne Mary. And these appearers, the said A. B., C. D., and E. F., for themselves, declare and say, that immediately after the said C. D. came on deck, the steamer struck the Anne Mary nearly amidships, and, for the preservation of their lives, these appearers, and another of the crew of the Anne Mary, jumped on board the steamer, and arrived back at Liverpool in her on the 2nd day of February; and on the same day, this appearer, the said A. B., appeared at the office of me, the said notary, and caused his protest to be duly noted. And these appearers do protest, and I, the said notary, do also protest against the said steamer, and the said collision, striking facts, and occurrences, and all loss or damage occasioned thereby.

We, A. B., C. D., and E. F., do solemnly and sincerely declare, that the foregoing statement is correct, and contains a true account of the facts and circumstances; and we make this solemn declaration, conscientiously believing the same to be true; and by virtue of the provisions of an act made and passed in the sixth year of the reign of his late Majesty, entitled, An Act to repeal an act of the present session of parliament, entitled, 'An act for the more effectual abolition of Oaths and Affirmations taken and made in various departments of the State, and to substitute Declarations in lieu thereof, and for the more entire suppression of voluntary and extra-judicial Oaths and Affidavits, and to make other provisions for the abolition of unnecessary Oaths.'"

A. B.

C. D.

E. F.

Thus declared and protested, in due form of law, at the office of me, the said
notary, at
the day and year first before written.

[Seal.]

No. 24.

R. B., Notary Public, Liverpool.

Protest by Shippers of Goods against the Master and Owners of a Vessel, in consequence of the Master's refusal, after notice, to sign a Bill of Lading in the customary form.

By the public instrument of protest herein-after contained or annexed hereto, Be it known and made manifest unto all people, that on the day of in the year of our Lord one thousand eight hundred and , personally came and appeared before me, R. B., notary public, duly authorized, admitted, and sworn, residing and practising in in the county of , in the United Kingdom of Great Britain and Ireland, and also a master extraordinary of the High Court of Chancery in England, G. G., one of the firm of G. G. and

Company, of Liverpool, merchants, the shippers of goods and merchandize per ship or vessel the Frances, bound on a voyage from Liverpool for New York, in the United States of America, and C. D., of Liverpool, clerk to the said G. G., and Company, who did, severally, duly and solemnly declare; and first, this appearer, the said C. D., for himself, did declare and state as follows: (that is to say), That this appearer did attend for the said G. G. and Company, the shippers, and did conduct the delivery on the day of instant, at and alongside of the said vessel the Frances, of goods and merchandize mentioned in the duplicate (or copy) bill of lading hereunto annexed. That E. F., the master of the said ship or vessel, signed and gave a bill of lading for the seven chests of merchandize therein mentioned, with the words "One chest in dispute; if on board to be delivered; contents unknown," written at the foot thereof; and that the said G. G. and Company objected to the same; and that this appearer, the said C. D., was present, and did see the said seven chests of merchandize carefully delivered at and alongside the said vessel, at Liverpool aforesaid, in the usual manner, and left under the charge of the mate and crew thereof, And that, on this day of instant, this appearer, the said C. D., did deliver to the said E. F. a notice and demand, signed by the said G. G. and Company, of which a copy is hereunto annexed; but the said E. F. refused to comply therewith, or to sign or deliver any other bill of lading in another form.

And the appearer, the said G. G., for and on behalf of himself and of his said co-partner in trade, under the said firm of G. G. and Company, and for and on behalf of all other persons who are, or shall or may be, interested in the said goods and merchandize, doth declare and protest before me, and I, the said notary, at the request of the said shippers, the said G. G. and Company, do protest against the owners and the said master of the said vessel, for and in respect of the said refusal and neglect to sign and give a correct bill of lading for the said goods, in the usual and customary form, and for and in respect of all fall of markets, loss, damage, costs, or expenses, which the said shippers, or any other person or persons, who is, or are, or shall or may be or become interested therein, have or hath incurred, or may incur, by reason of the premises.

G. G.
C. D.

Thus done, declared, and protested, in due form of law, at the office of me, the said notary, at Liverpool, this day and year first before written.

[Seal.]

No. 25.

R. B., Notary Public, Liverpool.

Copy of the Notice to the Master referred to in the foregoing Protest, objecting to the Qualification introduced into the Bill of Lading without consent, and demanding a Bill of Lading in the customary form.

To Captain E. F., master of the ship or vessel called the Frances.

We, the shippers of seven chests of merchandize, hereby give you notice, that we object to the qualification or exception of "One chest in dispute; if on board to be delivered; contents unknown," added without our consent to the bill of lading signed by you for the said goods, for New York, and that we hold you and the owners of the vessel responsible for the value and safety of all and every goods which we shall prove to have been delivered at the said vessel; and we demand and require you forthwith to sign and deliver to us a bill of lading for the said goods, in a usual, legal, and customary form; and we give you notice, that in default thereof, we shall protest against you, and we shall hold you and the owners of the vessel responsible for all loss, damage, costs, or expenses, by reason of the premises. Liverpool,

day of

18.

G. G. and Company.

No. 26.

Protest by the Master of a Vessel for Demurrage, payable under the Stipula tions of a Charter-party.

the said

day of

personally

By the public instrument of protest hereinafter contained or annexed hereto, Be it known and made manifest unto all people, that on the in the year of our Lord one thousand eight hundred and came and appeared before me, R. B., notary public, duly authorized, admitted and sworn, residing and practising in Liverpool, in the county of , in the United Kingdom of Great Britain and Ireland, and also a master extraordinary of the High Court of Chancery in England, C. D., master of the ship or vessel the Sarah, belonging to the port of who did duly and solemnly declare and state as follows; (that is to say,) That he, this appearer, as such master as afore said, did on or about the day of last, let the said ship to freight to E. F., of ; and a charter-party of the said vessel for a voyage from to Liverpool, and from thence back to was entered into on day of last, and made between this appearer of the one part, and the said E. F., of the other part, for the said voyage, whereby it was, amongst other stipulations, engaged and agreed [here state the number of days allowed for unloading and reloading, and the amount per day to be paid for demurrage, as mentioned in the charter-party.] That this appearer, pursuant to the said charter-party, did receive on board the said vessel at aforesaid, a cargo of lawful goods, provided and shipped by the agents of the said E. F. there, and from thence proceeded therewith on board the said vessel direct to Liverpool aforesaid, where she arrived on the day of instant, and on the instant, when the said vessel had been reported, had got into a proper berth for discharging, this appearer gave notice to G. H. and Company, the agents at Liverpool of the said E. F., and to which agents the cargo was addressed, that this appearer was ready to deliver the said cargo of goods; and that the agents of the said freighter caused the discharge of the said cargo of goods to be commenced, and they received and took the same from the said vessel, and then proceeded to put on board the said vessel another cargo of goods for her voyage back to aforesaid; but that the agents of the said freighter did not complete the loading thereof until the day of instant, being days beyond the time herein-before mentioned and allowed in and by the said charter-party to the said freighter or his agents for discharging and reloading the said vessel at Liverpool, as aforesaid, whereby the said freighter hath become liable to pay demurrage for such delay or detention, pursuant to the said charter-party, for at and after the rate of per day, amounting to the sum of sterling, and which sum, or any part thereof, the said agents of the said freighter have refused to pay. Wherefore, the said appearer, A. B., on behalf of the owners of the said vessel, and on behalf of himself as master, doth protest; and I, the said notary, at his request, do also protest against the said freighter, E. F., and against his agents, the said G. H. and Company, and against all and every other person or persons whomsoever responsible or liable, or whom these presents do, shall, or may concern, and holding him and them responsible and liable for the breach of the said charter-party, and for all demurrage, damage, injury, loss, wages, costs, and expenses incurred, owing, or sustained, or to be incurred or sustained, by reason of the said breach, delay, detention, or other premises.

Thus done, declared, and protested, &c.

days,

R. B., Notary Public, Liverpool.

[Seal.]

No. 27.

Protest by the Master of a Vessel against the Consignees of Goods for not taking and discharging them from the Vessel in a reasonable time.

By the public instrument of protest hereinafter contained or annexed hereto,
Be it known and made manifest unto all people, that on the

in the year of our Lord one thousand eight hundred and

day of

personally came and appeared before me, R. B., notary public, duly authorized, admitted, and sworn, residing and practising in Liverpool, in the county of Lancaster, in the United Kingdom of Great Britain and Ireland, and also a master extraordinary of the High Court of Chancery in England, A. B., master of the ship or vessel the Innes, belonging to the port of who did duly and solemnly declare and state as follows; (that is to say,) That this appearer did, on or about the day of last, receive on board the said vessel at the port of Dantzig, in the kingdom of Prussia [here describe the goods], all of which were shipped on board her there by Messrs. B. & L., addressed to C. D., at Liverpool aforesaid; and this appearer duly signed bills of lading as customary, expressing the said goods to be deliverable to the said C. D., at Liverpool, he or they paying the freight for the same, with primage accustomed. That this a ppearer proceeded with the said goods on board the said vessel direct to Liverpool aforesaid, where she arrived on the instant, and on the day of instant, when the said vessel had been reported, and had got into a proper berth for discharging, this appearer gave notice to the said C. D., to whom the said goods were addressed, that this appearer was ready to deliver the said goods, but from that time up to the date and making of these presents, neither the said C. D., nor any other person on his behalf, hath received or discharged, or offered to receive or discharge, the said goods from the said vessel, or paid or offered to pay the freight and primage thereof, although this appearer is willing and desirous to deliver the said goods; and notwithstanding this appearer hath several times applied to, and requested the said C. D. to have the said goods discharged from the said vessel, and received by him, yet he still delays and neglects so to do; and that such delay and neglect are unrea. sonable and injurious to the interests of the owners and master of the said vessel. Wherefore, the said appearer, A. B., on behalf of the owners of the said vessel, and on behalf of himself as master, doth protest, and I, the said notary, at his request, do also protest against the said C. D., and against all and every other person or persons whomsoever responsible or liable, or whom these presents do, shall, or may concern, and holding him or them responsible and liable for all demurrage, damage, injury, loss, wages, costs, and expenses incurred, owing or sustained, or to be incurred or sustained, by reason of the said unreasonable delay, detention, or other the premises.

Thus done, declared, and protested, in due form of law, at the office of me the said notary, at Liverpool, the day and year first before written. R. B., Notary Public, Liverpool.

[Seal.]