No. 10. Entry, or Note of a Protest of a Ship.-See ante, p. 336. himself at the office of R. B., notary public, in the year of our Lord one personally appeared and presented C. D., master of the ship or vessel, the Mary, which sailed on a voyage from on the on the day of day of last, and arrived at instant, laden with a cargo of And the said master hereby gives notice of his intention of protesting, and causes this note or minute, of all and singular the premises, to be entered in this register. C. D. Ship Protest (common form), in consequence of Loss or Damage by Storms and tempestuous Weather, and also by Jettison. 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 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, A. B., master of the ship or vessel, the Eleanor Elspet, belonging to Liverpool, C. D., chief mate, and E. F., carpenter of the said vessel, who did, severally, duly and solemnly declare and state as follows: that is to say, that these appearers and the rest of the crew of the said vessel set sail in her from Calcutta on the 12th of August last, bound on her voyage from thence to Liverpool, laden with a cargo of general goods, the vessel being then tight, staunch and strong well manned, victualled, and sound, and in every respect fit to perform the said intended voyage. That they proceeded on their voyage with fine weather and variable winds, accompanied occasionally with rain, until the 19th, when they had fresh gales from the south-west, and passing squalls, and a heavy sea running, and they shipped large quantities of water on deck and over all parts of the ship, the vessel plunging the bowsprit end under water; at noon, being in latitude fourteen degrees twenty-two minutes north, longitude eighty-eight degrees thirteen minutes east, they had fresh gales south-west by west, with showers of rain; at thirty minutes past one they got the bowsprit secured, the ship labouring and shipping great quantities of water. On the 20th, they had fresh gales and squally weather, accompanied with rain; at noon they had fresh winds from the south-west, and a heavy sea running, the ship labouring very much, and every attention being paid to the pumps. That they continued on their voyage with variable winds and cloudy weather, accompanied occasionally with rain, thunder, and lightning, but without any extraordinary occurrence, until the 30th of September, when they arrived off the Isle of France, and at four p.m. came to anchor at Port Louis, took in water there, and on the 3rd of October again proceeded on their voyage, with fine weather, until the 21st of October, which commenced with strong winds from the north-west and a heavy confused sea, the ship labouring very much. Thus they proceeded on their voyage, and on the 14th of November, at three p.m., made the island of St. Helena, bearing north-west by west. On the 15th, at four a.m. kept away for the port, took in water there, and at thirty minutes past eleven bore away, and set all possible sail. That they proceeded on their course, and on the 18th of December, being in latitude thirty-two degrees west, had fresh gales from west-north-west, with cloudy weather and frequent showers of rain, the ship labouring very much, and continually shipping heavy seas over all, and filling the decks with water. At fifteen minutes past eleven a.m. kept the ship away to go to eastward of the Azores, the squalls being very heavy, and the sea continually breaking over her, and the same bad weather continued until midnight, with a cross-sea running. On the 19th more moderate, but at ten p.m. had freshening winds from the north-east to north, the gale increasing; at eleven p.m. carried away the jib-sheet, and tore the sail nearly all to pieces before they could stow it. On the 21st they had more moderate weather, and proceeded on their voyage. On the 24th they made the island of St. Mary's, distant eight leagues. On the 25th, the wind increased from the west-north-west; at one a.m. they had strong winds from the westward, accompanied with rain, which carried away their foretop-mast studding-sail boom; at thirty minutes past two they had a heavy sea from the north-west; at thirty minutes past seven a.m. the ship laboured very much, and shipping tons of water on deck, the main deck continually full of water, and they were trying the pumps every opportunity, and pumping every four hours. On the 27th they had steady winds from the southwest, and cloudy weather at noon, in latitude forty-one degrees twenty-seven minutes north, longitude twenty degrees forty-three minutes west; at three p.m. double reefed the foretop-sails; at eight, they had strong winds with heavy squalls from the west-south-west, the sea getting up considerably; at nine, they had tremendous gales from the west-south-west, and a heavy sea broke on board, which carried away the long boat and skiff, bulwark rails, stanchions, and swept the deck of spars and various other articles, and the pumps were instantly set on; at ten p.m. had tremendous gusts, and a sea broke into the starboard-quarter boat, and burst her, and she was necessarily obliged to be cut away. That in the course of the night they were continually pumping, found the ship to make a great deal of water, and on getting a light forward on the main deck, in order to ascertain the extent of the damage, found the deck stove in very badly, and supposed it originated from the force of the boat or spars going overboard; the water still gaining on them, they were obliged to continue at the pumps throughout the night, and they found several stanchions gone on the larboard side, and also all the oars, rudders, and every thing belonging to the long-boat and skiff, which were lashed inside, also six water casks, and six more from the decks, which were properly lashed; several spars were lost, which were partially washed over the side, and which they were obliged to throw away, not being able to get them in; the best maintop-mast studding-sail, and all the studding-sail yards were washed overboard, with all the studding gear and other ropes, and every light article about the decks, although every thing had been securely lashed before the bad weather commenced. That the 28th commenced with heavy gales from the north-west to north-northwest, being in latitude forty-two degrees forty-five minutes north, longitude eighteen degrees west, the ship in the same state as on the preceding day; at daylight no alteration, the ship a perfect wreck, and they cleared up what spars remained, and secured them; and finding the ship straining exceedingly, and being afraid of losing more stanchions, they were obliged to cut the guns adrift, and put them overboard with the carriages, the shot having previously rolled out of the shot-rack overboard; and they were obliged, in order to lighten the ship, and for the safety and preservation of the vessel, crew, and rest of the cargo, consisting of [here describe the goods or articles voluntarily thrown overboard for the common benefit of all concerned] which was accordingly done; at noon they had fresh winds, west by north, and cloudy weather, with a heavy sea running, and still shipping much water upon deck, and pumping ship every hour; and during the remainder of the day they had strong squalls at intervals, until midnight. That they continued on their voyage, generally with strong squalls, fresh gales, and cloudy weather, with hail and showers of rain, accompanied with lightning and heavy seas, and constantly shipping seas, the pumps being attended to every hour, until the 1st of January, when at noon they had fresh winds from the south-west; at ten p.m. the Skerries light bore east-north-east, distant three leagues; at one a.m. on the third, they rounded the Skerries; at two, took a pilot on board; at daylight they made all possible sail for the new channel, and got into the river Mersey, in the port of Liverpool, at three p.m.; and at six p.m. they got safely moored in the Prince's Dock. And this appearer, A. B., further declares, that on the following day he appeared at the office of 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 aforesaid bad weather, gales, storms, accidents, and occurrences, and all loss or damage occasioned thereby, the same being entirely owing to the facts and circumstances before mentioned.* We, A. B., C. D., 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 King William the Fourth, 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 R. BROOKE, Notary Public, Liverpool. [Seal.] No. 11. Ship Protest in consequence of a Loss by Collision. By the public instrument of process herein-after contained or annexed hereto, 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, A. B., master of the sloop or vessel the Anne Mary, belonging to Liverpool, C. D. mate, and E. F. seaman of the said vessel, who did, severally, duly and solemnly declare and state as follows: That is to say, that on the 1st day of February instant, about half-past three p.m., these appearers, and the rest of the crew of the said vessel, set sail in her from Liverpool, bound on a voyage to Hatchett, near Bridge water, laden with a cargo of hides, the said vessel being then tight, staunch, and strong, well manned, victualled, and sound, and in every respect fit to perform her The words in italics are sometimes introduced, but they only tend to lengthen the instrument, and are not of any real use. Before the Act 5 & 6 Will. 4, c. 62, ship protests were usually sworn to by the appearers. This and the following protests are taken from the Appendix to a "Treatise on the Office and Practice of a Notary," by Richard Brooke, Saunders and Benning, 1839, in which the reader will find much valuable information on the subject of protests, and also on all other mercantile instruments in the preparation of which the assistance of a notary is useful or necessary. said intended voyage. And these appearers, the said A. B. and E. F., for themselves, declare and say, that about half-past two a.m., on the 2nd of February, whilst the vessel was proceeding on her said intended voyage, the other appearer, the said C. D., being below in bed, and the said vessel being between the Great Ormshead and Point Linus, the wind being about east-south-east, with moderate weather and smooth water, the vessel running before the wind, and steering about west-north-west, under all sail, with a square sail and half top-sail set; and this appearer, A. B., being then at the helm, and this appearer, E. F., being forward, he called out that he saw a light on the starboard bow; and they at first thought 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 preservaton 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.] R. B., Notary Public, Liverpool. No. 12. 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 torm, 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. 13. 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 |