Imatges de pàgina
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privateer, but they were refused him; and that he could not procure a protest in the said island of count of his not having money to pay for the same. WHEREFORE the said A. B. late master of the said ship the as aforesaid, on his own behalf and on the part and behalf of the owners, and all others interested or in any respect concerned in the said ship the -, and her cargo on board, or either of them, DOTH hereby protest against the said privateer, her commander, officers and mariners, and all others whom it doth, shall or may concern; and also against her guns, tackle, apparel and furniture, for so having captured the said ship and her cargo, and for taking out the men and papers, and for sending the prize master with men on board, with directions to carry the said ship the to the said of in the said island of

and for all losses, costs,

damages, and expenses already suffered, or which may hereafter accrue by reason of the foregoing premises. AND I the said notary, at the request of the said A. B. the late master of the said ship the did and do hereby solemnly protest against the same, in manner and form aforesaid ; so that all matters of insurance respecting the said ship the and her cargo on board, or either of them, may hereafter be properly adjusted and settled. THUS DONE &c.

Of demurrage.

day

-of last

BY THIS PUBLIC INSTRUMENT OF PROTEST, &c. That on &c. before me I. M. notary public &c. personally came and appeared A. B. of &c. mariner, master of the ship or vessel called the -, of the burthen of or thereabouts, now lying in who declared, THAT WHEREAS, he the said A. B. had by charter party, bearing date the past, let the said ship to freight to Messrs. C. D. and Co. for a voyage from aforesaid, to this port : AND WHEREAS, in pursuance of the said charter party, he the said appearer took on board his ship aforesaid, from the said Messrs. C. D. and Co. and from thence proceeded therewith where he arrived at

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day ofrunning days, in order to unlaid the said ship, pursuant to the said charter party. AND WHEREAS by a bill of lading, dated at

aforesaid, the

day of the said month of

the

the said C. D. and Co. did consign to Messrs. E. F. of

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and, marked as in the margin, and the said appearer in consequence thereof immediately gave notice of his arrival at in the

and

of to the said Messrs. E. F. and Co. and hath requested them to receive and take out of the said ship the said and to pay the freight and customs for the same, which they hitherto have refused or delayed to do, to the great damage and detriment of the said appearer and his said ship. AND therefore the said appearer required me the said notary to protest, as by these presents I do most solemnly protest, as well against the said E. F. and Co. as against the said C. D. and Co. and all others whom it doth or may concern, for breach of the said charter party, and for all demurrage, damage, loss, detriment and prejudice already suffered and sustained, or to be suffered and sustained, by him the said appearer and the owners of the said ship, for or by reason or means of the said E. F. and Co. not having entered and taken out the said and, and paid the freight

and customs for the same, according to the contents of the said charter party and bill of lading, and for what else the said appearer can, may or ought to protest, to recover all the same in time and place convenient. OF ALL WHICH ACT, &c.

For refusing to sign bill of lading for goods shipped at the freight contracted.

BY THIS PUBLICINSTRUMENT OF PROTEST, &c. That on &c. before me I. M. notary public, &c. personally came and appeared A. B. of &c. who declared and by these presents DOTH declare, That on the day of instant, he this declarant did agree with C. D. master of the ship called the bound out and from this port of for in, to ship on board the said ship for aforesaid of for the same at and after the rate of

and to pay per ton, ac

counting foot square to a ton. And that he the said declarant did accordingly ship on board the said ship and did afterwards exhibit to the said C. D. the receipt given by the chief mate of the said ship for the said of when the same

the

the said

of

was received on board the said ship, and required him to sign bills of lading for the same, pursuant to the said agreement. But the said C. D. master of the said ship the

, refused to sign such bills of lading, demanding that the said declarant (as the case may be) should pay for the freight of the said - of ---- by the contrary to the agreement above mentioned. And therefore the said

declarant required me the said notary to protest against the said C. D. for his not performing his said agreement, and for refusing to sign bills of lading pursuant thereto, and for all loss, damage and detriment that may be sustained by reason thereof. WHEREUPON I the said notary, in company with the said A. B. went to the said C. D. and demanded and required him to sign bills of lading for the said of · shipped on board his said ship by the said A. B. and to insert therein that the freight should be paid for the same, at the rate of

per ton, according to their said agreement; to which the said C, D. answered (the answer given;) which answer not being satisfactory, I the said notary did declare that I would protest and by these presents (at the request aforesaid,) DO solemnly protest, as well against the said C. D. as against all others whom it doth or may concern, for all loss, damage and detriment which may happen or be sustained for or by reason or means of the said C. D. refusing to sign bills of lading for the said

of

pursuant to the agreement above mentioned, and for what else can or ought to be protested concerning the premises, to be recovered in time and place convenient. WHEREOF ACT, &c.

For breach of charter party.

appearers

with

BY THIS PUBLIC INSTRUMENT OF DECLARATION AND PROTEST, Be it known unto all whom it may concern, That on &c. before me I. M. of &c. notary public, &c. personally came and appeared A. B. and C. D. of &c. who declared, THAT WHEREAS E. F. master of the ship or vessel called the, of the burthen of tons or thereabouts, had, by charter party under the hand and seal of him the said E. F. bearing date the of instant, let the said ship unto the said for a voyage her to be made from this port of - to in AND WHEREAS in the said charter party among other things it was agreed, that the said E. F. would depart with the said ship out of the permitting, on or before the day of instant, in order to proceed on the said voyage. AND WHEREAS they the said appearers having fully loaded the said ship [as the case may be] have several times since the day of instant, ordered and required the said E. F. to depart and sail with his said ship out of the said- in order to proceed on her said voyage: AND notwithstanding the said orders, he the said E. F. hath hitherto neglected, and refused and delayed to pro

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ceed on the voyage aforesaid, in manifest breach of the said charter party: THEREFORE they the said appearers requested me the said notáry to protest, as by these presents I do most solemnly protest, as well against the said E. F. as all others whom it may or doth concern, for breach of the said charterparty, in not sailing out of the said -to proceed on the said voyage, on or before the said day of instant; and for all costs, loss, damage and detriment which they the said appearers have already suffered or sustained, or shall or may hereafter suffer or sustain by reason of the said ship not departing and proceeding on her voyage as aforesaid, and for otherwise, howsoever, and for what else the said appearers can, may or ought to protest, to recover all the same in time and place convenient. WHEREOF ACT, &c.

Attestation of intimating and delivering an authentic copy of a protest.

AFTERWARDS on the

day of the said month of I the said notary, at the request of the said A. B. and C. D. did intimate the foregoing protest to the within named E. F. and then and there speaking to the said E. F. I delivered to him an authentic copy thereof, which he took and said, [the answer given,] which answer not being satisfactory to the said requestants, I the said notary did and do persist to protest in manner and form aforesaid.

Of abandonment, and also against underwriters for nonpayment of insurance.

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BY THIS PUBLIC INSTRUMENT OF DECLARATION AND PROTEST, Be it known, That on this day of -9 in the year of our Lord before me I. M. of London, notary public. &c. personally came and appeared A: B. late master and owner of the ship or vessel called the of the burthen of or thereabouts: WHO declared, That he this appearer, day of now last past, on his voyage to, laden with met (with very boisterous weather, whereby his said ship or vessel sustained so much damage that he this appearer was obliged and did run into the in order to have his said damage repaired; and that after his said ship had been there substantially repaired, and in every respect put in good condition, he this appearer did, on the day 'of now last past, cause an insurance to be made at this

of

city of London, and his said ship to be underwrote for the sum of £ of lawful money of Great Britain, from aforesaid, to his place of destination; for which the said appearer did pay, or caused to be paid, a premium after and at the rate of of like lawful money per cent. as in and by the policy of insurance signed and subscribed on the said day of by and of the said city of London, underwriters, each of them for the sum of £- relation being thereto had, may more fully and at large appear. AND this appearer further declares, That he the said appearer, his said ship being tight, strong, staunch, in good order and properly repaired, did on the day of last past, the wind being

set sail from — aforesaid for his said place of destination; but that in the prosecution of his said voyage, by violent hurricanes, dreadful thunder storms and tempestuous weather, between the

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of the said month of his said vessel was wrecked and lost on the coast of , but that nevertheless by dint of indefatigable exertion of him this appearer and his ship's crew, and assistance from the people of on the said coast of some of the tackle and apparel belonging to the said ship was saved, and put under the care, custody and lock of the governor and magistrates of the said That he this appearer did apply to the said governor and magistrates for the purpose that the said tackle and apparel so saved, might be disposed of for the benefit and on account of the underwriters of the said ship, but which the said governor and magistrates refused, alleging that the said tackle and apparel so saved of the said ship must there be kept and detained to and for the use, behoof and benefit of those who had insured and underwrote the aforesaid ship: That he this appearer thereupon repaired to this city of London, and there applied to Mr. -, ship broker, by whose means he this appearer had caused and procured his said ship to be insured and underwrote, and also by me the underwritten notary did make repeated applications to the said: and demanding of them to pay and reimburse to the said A. B. the said sum of £- as a total loss by him sustained as aforesaid, and by them underwrote and insured as aforesaid. But that he this appearer hath not been able to procure or receive any reimbursement, payment or satisfaction for the said loss, or any part thereof, either of and from the said and, or any

person or persons on their part or either of their parts or behalfs. He this appearer therefore requested of me the said notary to intimate, declare and give notice to the said and, that he this appearer did and by these presents doth abandon, cede and leave all and every his

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