Imatges de pàgina
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this appearer's right, title, estate, property, profit, interest, claim and demand whatsoever, of and in the said ship, tackle, apparel and appurtenances, and every part thereof to and for the use, property, behoof and disposal of them the said and, and to protest against them the said— and, and each and every of them, for nonpayment and non-reimbursement of the said sum of £- -, as a total loss on the said ship by them the said and so insured and underwrote, and for all costs, damages and charges, accrued and to accrue to him this appearer, on account of the said

-, and

and

each and every of them, refusing to pay and reimburse the said total loss. WHEREUPON I the said notary, at the instance and request and in the name of him the said do hereby declare, intimate and make known to the said and each and every of them that he the said A. B. doth hereby abandon, cede and leave to them the said and, and each and every of them, all his the said A. B's. right, title, estate, interest profit, property, claim, demand and produce of and in the aforesaid ship or vessel called the —, and all and ever her tackle, apparel, furniture and appurtenances, and ever produce thereof. And that he this appearer doth claim reimbursement of the said sum of £- as a total loss on his said ship as aforesaid, he this appearer hereby declaring to be willing and ready to give, sign, seal and execute all and every such act, power or deed, under his hand and seal [as the case may be] to and for the use, and to and for the better enabling the said and and each and every of them, to recover, possess, have, take and enjoy from the governor and magistrates of the said

--

and

or whomsoever else it may concern, all and whatsoever shall or may have been saved of the said ship or vessel the, her tackle, apparel, rigging and appurtenances whatsoever, or any and every part thereof, at

aforesaid or elsewhere. ACT WHEREOF being requested of me the said notary, I have granted these presents under my seal of office, to serve and avail as occasion shall or may require, in the presence of C. D. and E. F.

Protest for not executing charter party, according to memorandum of agreement.

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request of A. B. and C. D. of

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notary public &c. went on board the ship or vessel called

the

whereof E. F. is master, now lying in

and presented and exhibited to the said E. F. a memorandum of an agreement by him entered into and duly executed with the said A. B. and C. D. setting forth the particulars of an intended charter party, to be signed and executed by him the said E. F. of the one part, and the said A. B. and C. D. of the other part, and demanded of him the fulfilling of the said memorandum of agreement, and to execute and sign the said charter party made and drawn according to the said memorandum of agreement, and which I then exhibited and presented unto him; and upon his refusing to do the same asked him the reason for such refusal; whereunto he answered (the answer given) which answer not being satisfactory, I, the said notary, at the request aforesaid, have protested, and by these presents do solemnly protest, as well against the said E. F. as all others whom it shall or may concern, for all damages, costs, charges, expenses or loss that may any ways be sustained by or arise to them the said A. B and C. D. on account of the said E. F. not fulfilling his said memorandum of agreement and signing the said charter party, and not having his vessel ready to proceed and sail on the voyages, therein mentioned: THUS DONE, &c.

Protest for impressing and refusing to discharge foreign

day of

seamen.

BY THIS PUBLIC INSTRUMENT OF PRO. TEST, Be it known unto all whom it may concern, That on this —, in the year of our Lord before me, I. M. of London, notary public &c. personally came and appeared A. B. citizen of the United States of America, and master of the

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called the

of the burthen of

of

tons or thereabouts who did then and there set forth and solemnly declare to me the said notary for truth, that C. D. and E. F. two seamen belonging to the said

called the

and citizens of the United States of

America, were severally impressed from on board the said at —, in the port of now last past, by

of

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on the

day

-commander of his British

Majesty's of war called the

appearer did further declare to me the said notary for

truth, That on the

day of

appearer did represent to the said

said

the

And the said

instant, he the said

that the said C.

D. and E. F. who were impressed and were on board the -, were actually and truly seamen belonging to the said and citizens of the United States of America; And also having explained the manner the said two seamen were taken and impressed out of

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the said

as aforesaid, he the said appearer demanded that the said two seamen might be discharged and re

turned to the said commander of the said

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refused to deliver them up. AND the said appearer further declared, that he the said appearer did, on the

the consul resi

day of last past, duly make an affidavit, copy whereof is hereunto annexed,* respecting the abovementioned C. D. and E. F. having been impressed and detained as aforesaid, and delivered the same to dent in London, belonging to and from the United States of America, WHEREFORE he the said A. B. declared to protest, and I the said notary aforesaid at his special instance and request have protested, and by these presents do most solemnly protest against the said officers and seamen of the said for taking out of the said

the

and the

-of war the
, and impressing

the said two seamen, and detaining them on board the

said

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doth concern, for refusing to discharge and return the said C. D. and E. F. to the said the part and behalf of the owners of the said

the

as well on the

as of him the said A. B. for all losses, damages, delays and prejudices which they, all, every, any or either of them have or hath sustained, suffered or received, or shall or may hereafter sustain, suffer or receive, from or by reason or means of the premises. IN WITNESS &c.

PROTESTS OF BILLS OF EXCHANGE.

Common protest of a foreign bill—and act of honour. (Make a true copy of the bill and endorsement.)

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ON THIS- day of in the year at the request of Mr. A. B. of the city of London, merchant, and bearer of the origiual bill of exchange, whereof a true copy is on the other side written, I, I. M of the said city, notary public, by royal authority duly admitted and sworn, went to the house of Mr. C. D. on wham the said bill is drawn ; and there speaking with a clerk in the accompting house, I produced and exhibited unto him the said original bill of exchange and demanded acceptance thereof, to which he answered, That (the exact answer, given;) which answer not being satisfactory, I, the said notary at the request aforesaid, have protested, and by these presents do solemnly protest, as well against the drawer of the said bill of exchange as against all others whom it

For Affidavit, see AFFIDAVITS.

may or doth concern, for exchanges, re-exchanges, damages, costs, charges and interests, suffered or to be suffered for want of acceptance of the said bill of exchange. THUS DONE in the presencence of E. F. and G. H. witnesses hereunto required.

Act of Honour.

AFTERWARDS on the same day, month and year, before me the said notary and witnesses, personally came and appeared Mr. I. K. of this city, merchant, who declared he was ready and would accept the said bill of exchange now under protest, for the honour and account of Mr. L. M. the drawer, (as the case may be,) holding him the said drawer thereof, and all others concerned, always obligated to him the said appearer for reimbursement in due form of law.

Protest of a bill when the acceptor becomes a bankrupt, for better security.

day of

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ON THIS at the request of Mr. A. B. of the city of London, merchant, and bearer of the original bill of exchange, whereof a true copy is on the other side written, I, I. M. of the said city, notary public, by royal authority duly admitted and sworn, having perused and read the London Gazette bearing date the

day of instant, found that C. D. the acceptor of the said bill of exchange was therein declared a bankrupt in pursuance of a commission of bankruptcy under the great seal of Great Britain having been awarded and issued against him; in consequence whereof I the said notary went to the dwelling house of the said C. D. and there speaking with a clerk, I demanded security for the due payment of the said bill of exchange, when the same shall become payable; when the said clerk answered, That the said C. D. was a bankrupt, and had given no directions respecting the said bill : whereupon I, the said notary, at the request aforesaid, have protested and by these present do solemnly protest as well against the drawer and acceptor of the said bill, as against all others it may or doth concern, for exchanges, re-exchanges, damages, costs, charges and interest, suffered or to be suffered for want of better security for payment of the said bill of exchange when due and payable. THUS DONE &c.

Protest of an inland bill of exchange.

day of

in the year

ON this at the request of Mr. A. B. of this city of London, and bearer of the original bill of exchange, whereof a true copy is on the other side written, I, I. M. of the said city, notary public, &c. went to the house of Mr. C. D. on whom the said bill is drawn, and there speaking with the said C. D. I exhibited unto him the said original bill of exchange, and demanded payment thereof, to which he answered, That, &c. Therefore I the said notary, at the request of the said A. B. do hereby in the presence of the witnesses hereunder written protest the said bill, dated in London, the day and year in the beginning written.

Protest of a bill of exchange for want of acceptance upon a

day of

letter.

in the year

ON the Mr. A. B. of the city of London, produced unto me I. M. of the said city, notary public, &c. a bill of exchange whereof a true copy is on the other side written, together with a letter signed C. D. for Messrs. E. and F. dated at

day of

the

1803, directed to the said Mr. A. B. and which he received by the post, wherein he says as follows; "Sir, yours of the

day of

instant, to Messrs. E. and F. is before me, covering Mr. G. L's. bill of exchange on them for £

As said

gentlemen are from home, I have no orders to accept the said bill (or as the case may be); which letter and answer not being satisfactory, I the said notary, at the request of the said Mr. A. B. have protested," &c.

Protest when the acceptor pays but part of a bill, and act of honour for the remainder..

day of

ON this -, at the request of A. B. &c. and bearer of the original bill of exchange, whereof a true copy is on the other side written, I, I. M. of &c. went to the house of C. D. on whom the said bill is drawn, and there speaking with the said C. D., I exhibited to him the said original bill of exchange, and demanded payment thereof; whereunto he answered, that he would only pay £- —, part of the said bill, as he the said C. D. had no more effects of the drawer thereof in his hands; which said sum of £the said A. B. the holder of the aforesaid bill, accepted and did receive the same and requested me the said notary to protest for

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