In consideration whereof, the said C. D. doth by these presents, agree with the said J. P. well and truly to pay, or cause to be paid unto him, in full for the freight or hire of said ship and appurtenances, the sum of three dollars per ton per calendar month, and so in proportion for a less time, as the said snip shall be continued in the aforesaid service, in sixty days after her return to Boston. And the said C. D. doth agree to pay the charge of victualling and manning said ship, and all port charges and pilotage during said voyage, and to deliver the said ship on her return to Boston, to the owner aforesaid or his order. And to the true and faithful performance of all and singular the covenants, payments and agreements aforementioned, each of the parties aforenamed binds and obliges himself, his executors and administrators, in the penal sum of two thousand dollars firmly by these presents. In witness whereof, the parties aforesaid have hereunto interchangeably set their hands and seals the day and year afore-written.

J. R. 1 a 53

Casks Potash.

ton. cwt.

8 18 £ s. d. at 80s. 35 12 0 Primage

BILL OF LADING.

SHIPPED in good order and well conditioned by John Rolly, in and upon the good ship called the Iris, whereof is master for this present voyage, Charles Ely, and now riding at anchor in the harbour of Newport, and bound for Liverpool, to say, fifty-three casks of potash containing_eight pr. ct. 1 1 157 tons and eighteen cut. being marked and numbered as in the margin, and are to £37 77 be delivered in the like good order; and well conditioned, at the aforesaid port of Liverpool (the danger of the seas excepted) unto Mr. J. May or to his assigns, they paying freight for the said goods, four pounds British sterling per ton, with five per cent. primage. In witness whereof, the master or purser of the said ship hath affirmed to three bills of lading, all of this tenor and date, the one of which being accomplished the other two to stand void. Dated in Newport, July 7th, 1827. C. ELY.

DIRECTIONS TO SHIP MASTERS.

In case of shipwreck-or the vessel's putting into a port in distress, or arriving at her port of destination in a damaged state, the port being other than that to which she belongs, the master is the agent of all concerned. It is his duty while acting in such capacity, to do all that is requisite for the protection of the property, without unnecessary delay, performing such duties in behalf and for the benefit of all concerned. He must be actuated in all his proceedings by a strict regard to impartiality, and if possible, without "reference to the particular and conflicting interests of different parties." If the property be exposed to danger, his primary efforts must be to protect it from such exposure, in the most speedy and effectual mode, and at the least possible expense. In case of shipwreck, he should make the most economical arrangement that the nature of the case will admit, to save as much property as can be saved, and to forward it to the consignees by other vessels, when the ship cannot be repaired, provided it can be done without any unreasonable expense; but if the expense of forwarding the goods to their destination would be very great, so as to exceed their value, or so great a proportion of the value, as to render it manifestly for the interest of the proprietors to sell them, they should be sold. This however is an exercise of authority which requires the utmost circumspection, and when there exists any reasonai le doubt of the expediency and necessity of a sale; the goods should be forwarded. In all cases of doubt, it is advisable that the master should consult with discreet and honest men, as opportunity may present, before he decides on the course to be pursued; and having obtained the best information and advice, it rests with him to decide upon the course to be pursued, in the exercise of a sound discretion, and in behalf of all parties interested. It is however to be always kept in mind that he is not bound to follow the counsel of any person whose advice he may ask, unless it be a person having some authority over the property.

When circumstances will admit and no injury is likely to result from delay, the owner or consignee should undoubtedly be consulted, before any important measures are taken, further than to provide for the present security of the property; and in all cases the agent should communicate to the

No

owners, consignees and others likely to be interested, the situation of the vessel or property, as fully as he is able, with the least possible delay. When the port of necessity happens to be a foreign one, or the stranding happens on a foreign shore, the master will be governed by the laws and customs of such place. In all cases where damage to the vessel or cargo are known or even apprehended, it is necessary that surveyors should be legally called upon to examine the state and condition of the same-this duty is generally performed by Port Wardens, when only the cargo is to be surveyed; but when the inquiry or examination is to extend to the vessel, it is requisite that one or more ship carpenters should compose a part of the survey. If a vessel or her cargo has suffered more or less damage, it would not be safe for the master or agent to proceed to repair the damage or effect a sale in whole or in part, without such previous consultation. Surveyors have no authority to instruct or direct the master to sell a stranded vessel or goods that are damaged. man can be compelled to sell his property against his own inclination, nor has any Legislature or Government a right to give Port Wardens or Surveyors power to dispossess a man of his property, nor to control him in the disposal of it, merely because he has been so unfortunate as to suffer shipwreck, except so far as may be necessary for the prevention of fraud upon the Revenue, or where articles in a perishing state are likely to endanger the health of a community. In this latter case the right of self-preservation will give the local authorities of the place the power to interfere to avert such a calamity, by causing a proper disposition of the damaged articles. In every other case, the owner or the master, his agent or representative being lawfully in possession of the property, have the whole power and control over the vessel and cargo, as perfectly after the shipwreck as before, and it is only when they request Port Wardens or Surveyors to interfere that the latter have any right so to do.

There are cases where a master ought to disregard the opinions of a survey, notwithstanding the responsibility, as if they should pronounce sentence of condemnation on a vessel that ought to be repaired, that they or their friends might become the purchasers, in a place where there would be little, if any, competition, or where they should order a vessel to be repaired, which clearly ought to be condemned, being

influenced thereto by similar motives, and generally in all cases where the surveyors, acting under the influence of corrupt intention, advise to what is clearly contrary to the true interests of the owners of vessel and cargo.

Cables carried on the deck of a vessel are at the risk of the owner. "The ship's furniture cut and thrown overboard, must have been kept at their proper places to entitle the owner to restitution."

The master of a vessel cannot become a purchaser at a sale of the property which is sold by his authority, as agent of the owners.

Ship masters seem to have imbibed an opinion, that the free use of the knife or the axe is necessary to charge the underwriters with the loss, for which they would otherwise not be liable. It often occurs, as appears by the protests, that sails, having been split, are cut from the yard, and the reason alleged is that they could not get them in. This may sometimes be the case, but even then the act of cutting them away does not change what was wear and tear, to either a partial, or General Average loss. And it very often happens, that masts or topmasts are broken and hanging over the side, attached to the rigging, by which the hull of the vessel is greatly exposed to injury, the mere use of the axe or the knife cannot change this which is a partial loss, to a General Average, for the loss has already accrued, and the situation in which these articles are placed by the breaking of the masts, renders them of no value whatever. It is the duty of the master to make every effort, consistent with the safety of the vessel and crew, to save as much of the wreck as be can, and although the preservation of the vessel in a storm may require that such dangerous appurtenances should be got rid of speedily, it may happen that the weather may be so favourable, that they may be in part preserved, and such successful exertions will merit the approbation of insurers, and entitle the master to their favourable consideration. is the duty of the master at all times to act in reference to the interests committed to his charge, with perfect integrity and impartiality. He should not inquire whether the property is, or is not insured. There is but one course for him to pursue, and that is an honest one, a regard to his own interest it is supposed will lead him to ascertain its lawfulness. The master should on entering a port whether he knows or apprehends that his vessel or her cargo have sustained injury, note

It

a protest oefore the proper authorities of such port or place, and as it has been before noticed, should apply for a survey before opening the hatches, for if goods are landed and stored, and subsequently ascertained to be damaged, it may be difficult to trace such damage to the voyage of importation, and it is questionable at least, whether the underwriters would be held to pay for such damage, the legal and customary measures on arrival, and before discharging, having been omitted.

MISCELLANEOUS QUESTIONS.

PART II.

1. Multiply 38. 94d. by 2, 3, 7, 9, 7, 9 successively.* 2. Divide £1773 0 114 by 5, 3, 3, 5, 11, 5, 9 successively.

3. Multiply 5 tons, 12 cwts. 1 qr. 13 lbs. 9 oz. by 9.

4. Divide 14 lbs. 11 oz. 9 dwts. 10 grs. by 9.

5. On a certain election the votes for A. and J. were 956, of which A. had 178 more than J.: required the number for each?

6. In 120 casks of pot-ash, cach weighing 3 cwt. 1 qr. 26 lbs. how many cwt. ?

7. Required the amount of the following, viz.

8. In £748 13s. 7d. how many pieces of 20, 10, 9, 6 and 4 pence, of each an equal number?

9. How many grains in an ingot of silver, weighing 27 lbs. 10 oz. 13 dwts. 14 grains?

For the assistance of Instructers, and of those who wish to teach themselves, a KEY is prepared, containing answers, solutions, and statements in Book-Keeping by Single, and Double Entry.