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In surveying a cargo, merchants acquainted with the nature of the cargo should be called as surveyors; if in a dock, apply to the surveying officer. In surveying a ship, two ship-masters, or in their absence, any two qualified persons, should be called as surveyors. It is not necessary, in either case, to call Lloyd's agents.
In case of dispute on discharging, if the surveyor declare the dunnage insufficient, the ship is liable for the damage in the bottom, although the surveyor may not be able to cite any authority as to what would have been sufficient dunnage. The general rule is, that the dunnage must be sufficient according to the nature and quality of the cargo.
LLOYD'S A GENT.
It is a very prevalent notion that Lloyd's agents have a controlling power over all ships in difficulties; but this is a mistake. The master alone is the responsible Agent for all concerned; and unless he abandons his charge, or is superseded by the authority of the Consul, or of a Naval Court, the authority of the master cannot be dispensed with.
The contract of Bottomry is a pledge of the ship as security for the repayment of money advanced to the master or owner, to enable him to carry on the voyage. If the ship be lost on the voyage, the lender loses the whole of his money; but on the ship terminating the voyage successfully, the money lent, and also the premium or interest, becomes repayable, the vessel as well as the person of the borrower being thus liable for the money lent. No objection can be made on the ground of usury, though the stipulated premium exceeds the legal rate of interest, because the lender is liable to the casualties of the voyage, and may not receive his money again. Money thus obtained must be expended on repairs and the equipment of the ship.
Whon money is advanced upon the lading, the borrower is said to take up money upon Respondentia. In this distinction as to the security, consists the only difference between Bottomry and Respondentia.
A Bottomry or Respondentia Bond has no settled or precise form, but it is necessary that there be expressed the names of the lender and of the borrower; those of the ship and master; the sum lent, with the stipulated marine interest; the voyage proposed : with the commencement and termination of the risk which the lender runs.
In the place of owner's residence, the master is prohibited from borrowing on Bottomry or Respondentia unless with his consent.
A vessel may be hypothecated (pledged) by the master in a distant port abroad—as if a British vessel in a British colony or in a foreign port; or of a foreign vessel in this country-provided that the money to be raised is absolutely required for the repairs and equipment of the ship; that he is not able to obtain money upon the present credit of himself and the owners; and that he has no means of communicating with the owners in sufficient time to answer the purposes for which he makes the pledge.
Money to be borrowed on Bottomry should always be advertised for, and that offered at the lowest rate of interest accepted. This regulation is intended to prevent the master from making any interested arrangement with the lender, and to enable the claim to be made upon the underwriters.
Where several Bottomry Bonds have been given at different periods during the course of the voyage, the last in date is entitled to the priority of payment-on this presumption, that the last loan advanced was the means of preserving the ship, and that, without it, the previous lenders would have wholly lost their security.
Whenever the master may pledge the ship, he may add the security of the freight, and, if necessary, he may likewise pledge the cargo; all of which securities aro, accordingly, sometimes included in a Bottomry Bond over the ship, cargo, and freight. Sometimes a Bottomry Bond, is given as a collateral security, to be enforced only in case of the draft on the shipowner being dishonoured; with the understanding that, if the draft be duly accepted, no Bottomry premium shall be exacted, but merely the cost of insuring the disbursements for which the bond was granted. If, however, the advances have been originally made on the security of such bills drawn by the master on the owner, or otherwise on personal credit, a Bottomry Bond subsequently taken would be null. A bond procured from the master by compulsion is void,
THE OFFICIAL LOG-BOOK.
The Board of Trade sanctions forms of official log-books, which may be different for different classes of ships, so that each such form contains blanks for the entries after-mentioned, and an official log of every ship (except ships employed exclusively in trading between ports on the coasts of the United Kingdom) must be kept in the appropriate sanctioned form; and this official log can, at the discretion of the master or owner, either be kept distinct from the ordinary ship's log, or united therewith,..
--so that, in all cases, all the blanks in the official log be duly filled. Every entry in every official log must be made as soon as possible after the occurrence to which it relates, and, if not made on the same day as the occurrence to which it relates, must be made and dated so as to show the date of the occurrence and of the entry respecting it, and in no case must any entry therein in respect of any occurrence happening previously to the arrival of the ship at her final port of discharge, be made more than twenty-four hours after that arrival.
Every master of a ship, for which an official log-book is required by the act, must make or caused to be made therein, entries of the following matters :
1. Every legal conviction of any member of his crew, and the punishment inflicted.
2. Every offence committed by any member of his crew, for which it is intended to prosecute, or to enforce a forfeiture, or to exact a fine; together with such statement concerning the reading over such entry, and concerning the reply (if any) made to the charge as required by sec. 244.
3. Every offence for which punishment is inflicted on board, and the punishment inflicted.
4. A statement of the conduct, character, and qualification of each of his crew, or a statement that he declines giving an opinion on such particulars.
5. Every case of illness or injury happening to any member of the crow, with the nature thereof, and the medical treatment adopted (if any).
6. Every case of death happening on board, and of the cause thereof.
7. Every birth happening on board, with the sex of the infant and the names of the parents.
8. Every marriage taking place on board, with the names and ages of the parties.
9. The names of every seaman or apprentice who ceases to be a member of the crew, otherwise than by death, with the place, time, manner,
and cause thereof.
The amount of wages due to any seaman who enters Her Majesty's service during the voyage.
The wages due to any seaman or apprentice who dies during the voyage, and the gross amount of all deductions to be made therefrom.
The sale of the effects of any seaman or apprentice who dies during the voyage, including a statement of each article sold, and of the sum received for it.
13. Every collision with any other ship, and the circumstances under which the same has occurred (sec. 282).
In the case of foreign-going ships, the master must, within fortyeight hours after the ship's arrival at her final port of destination in the United Kingdom, or upon the discharge of the crew, whichever first happens, deliver to the Shipping Master, before whom the crew is discharged, the official log-book of the voyage.
The entries hereby required to be made in official log-books shall be signed as follows: that is to say, every such entry shall be signed by the master and by the mate, or some other of the crew ; and
every entry of illness, injury or death, shall also be signed by the surgeon or medical practitioner on board (if any); and every entry of wages due to, or of the sale of the effects of any seaman or apprentice who dies, shall be signed by the master and by the mate, and some other member of the crew; and every entry of wages due to any seaman who enters Her Majesty's service shall be signed by the master and by the seaman, or by the officer authorised to receive the seaman into such service.
LEADING LIGHTS IN THE ENGLISH CHANNEL.
ON THE ENGLISH COAST.
W.IN., 4 miles from St. Agnes' light. light, visible 19 miles.
Daboll's fog-horn traverses an arc of 215' from Hidden between the bearings of S.W. by W.
E. I S. to N.W. by Southward, the duration and W. by N. I X., visible 16 miles.
being 5 seconds, with an interval of 15 seconds. St. Agnes'—Scilly Isles—One revolving
Warner--Lightvessel--One revolving light, every minute, visible 17 miles.
light, every minute.
In 13 fathoms, on East side of Bank. Seren Stones-Lightvessel, in 40 fathoms Bembridge, or Nab—Lightvessel, in si
-Two fixed lights (has two masts). fathoms-Two fixed lights. Longships-One fixed light, visible 14 miles. Owers--Lightvessel, in 19 fathoms-One Wolf-(Building).
fixed light. N.B.- of a mile E. by N. is frequently a ves- Beachy Head-One revolving light, every sel moored, with a light.
2 minutes. (Brilliance 15 seconds, lizard—Two fixed lights, visible 21 miles. darkness of minute). When in one, these lights keep clear of the
Kept open of the next Eastern Cliff, leads out. Manacles to the eastuard ; and of the Wolf
side the Royal Sovereign, and other shoals. to the westward.
Note the difference beticeen this light and St. Anthony's—entrance to Falmouth-- that on Cape Grisnez, which flashes every One revolving light, every 20 seconds.
half minute. A fixed light (White), 37 feet below revolving Dungeness—One fixed light, visible 15 light, to clear Manacles Rocks, only seen be
miles. tween the bearings N.N.E.) E. and N. by E. E. Daboll's fog-horn is sounded during foggy Eddystone-One fixed light, visible 13
weather. The mouth of the horn will traverse miles.
an arc of 210°, viz., from N.E. by E.) E. round
South to W. N. and vice rerså . so as to point Start Point-One revolving light, every in every direction between those bearings once minute.
in each minute; duration of sound 5 seconds,
interval 20 seconds. In the same Tower is shown a fixed light in the direction of Berry Head, visible only when
Varne Shoal-Lightvessel, in 16 fathoms the Start Point bears between W. I S. and -One revolving Red light, every 20 S.W. by S.; also a faint continuous light is seconds. seen within 10 miles.
South Forcland–Two fixed lights. Portland-near the Bill—Two fixed lights.
These lights in one clear the South end of the When in one, bearing N.N.W. W., they lead Goodwin Sands. between the Race and Shambles.
South Sand Head--Lightvessel, in 13 Shambles-Lightvessel, on East end of
fathoms-One fixed light. shoal in 15 fathoms-One fixed light. Gull Stream-Lightvessel, near west edge Needles-Isle of Wight--One fixed light.
of sand, in 8% fathoms—One revolving Red from X.W.IN. round Westward to S.W. by W., except between East and E.S.E., when it
light, every 20 seconds. will appear as a white light; it also appears
North Sand Head-Lightvessel, off North White from N.E. by E. to N.E. by E. E. end of the sand, in
fathoms—Three Hurst—Two fixed lights, visible 13 and fixed lights, triangular. 10 miles.
North Foreland—One fixed light. Leading light up the Solent is shown from lan- Shows a band of Red light to clear the East end tern of the high lighthouse, 76 feet above high of Margate Sand, a cable's length, when bearwater.
ing S. by E. E. to s. . ON THE FRENCH COAST. Ushant-N.W. point of Island-One re- Casquets--opposite Bill of Portland--Three
volving light every 20 seconds. Twice revolving lights, every 20 seconds. Bright, once Red. Lat. 48° 28':5 N.,
Relative position E. ; N., S.W. W., and Long. 5° 3' W.
N.W. W. The three lights will appear as Ushant-N.E. point of Island-One fixed
tiro when viewed in either of these three or in light.
the opposite directions. Hanois Rock-One revolving light, every
45 seconds; Red light visible all round Barfleur-One revolving light, every half the western horizon.
minute; does not quite disappear The Casquets bear N.E. by E. I E., ent miles. within the distance of 12 miles.