her tackle, apparel, provisions, and furniture, and being so loaded shall therewith proceed to or as near thereunto as she may safely get, and deliver the same on being paid freight. Restraint of princes and rulers, the act of God, the Queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation of whatever nature and kind soever, during the said voyage always excepted.

Freights to be paid on the right delivery of the cargo.

days to be allowed the said Merchant

(if the ship be not sooner despatched), for

and

the said laying days at £

days on demurrage over and above

per day.

Penalty for non-performance of this agreement, estimated amount of freight.

Witness to the signature of

Witness to the signature of

Common Form of a Bill of Lading.

Shipped in good order, and well conditioned, by

in and upon the good ship called the

whereof is Master for this present voyage,

and now lying in this port of

and bound for

being marked and numbered, as in the margin, and are to be delivered in the like good order and well conditioned, at the aforesaid port of

(The act of God, the Queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers and navigation, of whatever nature and kind soever, excepted) unto

or to

with

assigns, upon paying freight for the said goods

per cent. primage and average accustomed. In witness whereof I the said Master or Purser of the said ship have affirmed to

bills of lading, all of this tenor and date, the one of which bills being accomplished, the other to stand void.

Dated at

the

18

NOTE. See 18 & 19 Vict., c. 111, An Act to Amend the Law relating to Bills of Lading, 11th August, 1855.

If the Captain is not satisfied of the quantity or quality of the goods he has received, he should sign

Weight and contents unknown," or "Number and contents unknown,"

as the case may be; for the Captain is not bound to admit on the bill of lading the quantity or quality of the goods he has received.

If the cargo consists of liquid goods, he should add "Not accountable for leakage," or, if brittle goods, "Not answerable for breakage," or "Free

of breakage, leakage and damage." But even if these words are inserted, the Captain will only be protected against such leakage or breakage as may arise from accidental causes, and not from damage occurring from negligence or want of care.

If any goods have been sent on board by the Merchant insecurely packed, or if any of the goods are damaged before they are received on board, the Captain should state on the bill of lading the number of packages which are damaged or insecurely packed.-Oliver, p. 27, et seq.

Form of a Bill of Lading, with numerous qualifications usually stipulated by the Steamship Companies. Shipped, in good order and condition, by in and upon the steamship called the voyage,

whereof is Master for this present or whoever else may go as Master in the said ship, and now lying in the port of and bound for New York, with liberty to call at any port or ports, for any purposes whatever, to carry goods on deck, to sail with or without pilots, to tow and assist vessels in all situations, and to carry goods of all kinds, dangerous and otherwise.

being marked and numbered as per margin; and to be delivered from the ship's deck, where the ship's responsibility will cease, in the like good order and condition, at the port of New York (the act of God, the the Queen's enemies, pirates, robbers, thieves, vermin, barratry of Master or Mariners, restraints of Princes and Rulers, or people, loss or damage resulting from any of the following perils, whether arising from the negligence, default or error in judgment of the Pilot, Master, Mariners, Engineers, or other persons in the service of the ship, or for whose acts the Shipowner is liable, or otherwise, namely:-Risk of craft or hulk or transhipment, explosion, heat, or fire at sea, in craft or hulk, or on shore, boilers, steam or machinery, or from the consequences of any damage or injury thereto, howsoever such damage or injury may be caused, collision, straining, or other perils of the seas, rivers, navigation, or land transit of whatever nature or kind soever, and howsoever caused, excepted, with liberty (in event of steamer putting back to this or into any other port, or otherwise being prevented, from any cause from proceeding in the ordinary course of the voyage) to tranship the goods by any other steamer.

unto

or to his or their assigns. Freight for the said goods being paid by the at the rate of

as per margin, with average accustomed, if payable by the shippers, is due in full on signment of bills of lading, vessel lost or not lost; if payable by consignees, on the arrival of the goods at port of discharge, at the current rate of exchange for banker's bills at sight on London, on the date of the vessels entry at the Custom House; settlement in either case to be made in exchange for bill of lading or delivery order.

Weight, contents, quality, brand, and value unknown, and not accountable for loss or damage resulting from sweating, leakage, breakage, rust, decay, rain, spray, bursting of bags, damage by rats, or deterioration in

quality, slightness or insufficiency of packages, stowage or contact with, or smell or evaporation from, any other goods, nor from incorrect delivery of goods, arising from error, indistinctness, illegibility, insufficiency, obliterations, or absence of marks or numbers, or from any such being incorrectly stated in this bill of lading. Cargo may be discharged into transit sheds immediately after arrival of the ship is reported there, accepting delivery and removing same immediately on their being landed, otherwise duty may be paid by the Agent, and, or the goods deposited at the expense of the Consignee, and at his risk of fire, loss, or injury in the warehouse provided for that purpose, or sent to the public store. And when deposited in the United States warehouse, as the Collector for that district shall direct, no expense for storage to be charged to the Government, and the keys of the warehouse to be delivered to and kept in charge of the Officers of Customs, under direction of the Collector, the Collector of the Port being hereby authorised to grant general order for discharge immediately after entry of the ship. And it is agreed that the Captain or Owner has a lien on the goods for the payment of freight and all expenses. Freight on perishable goods to be paid by the Shipper or Consignee, in whatever condition they may be delivered. This bill of lading, duly endorsed, to be given up to the ship's Consignees in exchange for delivery order. The Owners of this ship will not be responsible for gold and silver, manufactured or unmanufactured, or in shape of coin. Plated articles, documents, glass, china, jewellery, precious stones, trinkets, watches, clocks, timepieces, invoices, bills, bank notes of any country, orders, notes or securities for payment of money, stamps, maps, writings, title deeds, paintings, engravings, pictures, statuary, silks, furs, lace, cashmere, manufactured or unmanufactured, made up into clothes, or otherwise contained in any parcel or package shipped under a bill of lading, unless the value thereof be therein expressed, and extra freight as may be agreed paid thereon. In case of damage, loss, or non-delivery, the Shipowner is not to be liable for more than the invoice value of the goods. Freight on goods to order, and on all perishable goods, must be paid before sailing unless otherwise agreed upon. Shippers will be held accountable for all damage caused by goods of an inflammable, explosive, or otherwise dangerous character, shipped without permission or without full disclosure of their nature, whether such Shippers shall be aware thereof or not, and whether such shippers shall be principals or agents only. Goods shipped with the option of delivery at two or more ports, to be landed at firstnamed port unless otherwise ordered by Consignees immediately on the vessel's arrival there. Acceptance of this bill of landing shall be held as acquiescence in the terms thereof.

În witness hereof, the Master, Purser, or Agent of the said ship hath affirmed to bills of lading, all of this tenor and date, one of which bills being accomplished, the others to stand void. Dated in

187

In case of the blockade or interdict of the port of discharge, or if, without such blockade or interdict, the entering of the port of discharge should be considered unsafe, by reason of war or disturbances, the Master to have the option of landing the goods at any other port which he may consider

safe, at Shipper's risk and expense; and on the goods being placed in charge of any mercantile agent, or of the British Consul, and a letter being put into the post office, addressed to the Shipper and Consignee, if named, stating the landing, and with whom deposited, the goods to be at the Shipper's risk and expense, and the Master and Owners discharged from all responsibility.

In the event of quarantine, the goods to be discharged on arrival into quarantine depôt, hulk, lighter, or other vessels necessary for the ship's despatch, at the Consignee's risk and expense; or should this be impracticable, or the vessel not admitted, or should communication subject the steamer to quarantine at a subsequent port of call, the Master to have the option, and is hereby authorised, to land the cargo at the nearest safe port to which the vessel is bound, at the risk and expense of the Consignees; and on the goods being placed in charge of any mercantile agent, or of the British Consul, and a letter being put into the post office, addressed to the Shipper and Consignee, if named, stating the landing and with whom deposited, the goods to be at the Shipper's risk and expense, and the Master and Owners discharged from all responsibility.

tons or thereabouts, and entered a protest as follows:

register tonnage

last past with a cargo and arrived at

this

and fearing damage, owing to boisterous weather encountered during the voyage, he protests by these presents against all losses, damages, &c.

Form of Protest Extended in case of Average.

By this public instrument of Protest, be it known that on this day, to wit, the

and

day of before me

one thousand eight hundred

Esquire, Her

personally came and Master of the

and of the burthen of

tons, or thereabouts, who being sworn upon the Holy Evan

gelists to depose the truth, solemnly declared and said that he sailed from the port of in and with the said

on the

with a cargo of

day of

last, bound to

at which time his said vessel was tight, stanch, and strong, and well and sufficiently manned, equipped, victualled, and furnished with everything requisite and necessary to enable him to perform the said voyage, that

[Here give a detailed narrative of the voyage from information derived from the log book or from the crew.]

of

and

That he arrived at this port on the having caused due note to be made of his Protest, he did then, as he now doth, declare and say, that whatever damage his said vessel, her tackle, apparel, furniture, the cargo therein laden, or any part or parcel thereof, have sustained, was caused solely by the aforesaid winds and seas, and not through any default or neglect of him, the said Master, or of any person or persons on board of or belonging to the said ship, he therefore has protested, and by these presents does solemnly protest against winds and seas, and against whomsoever it may concern, for all losses, costs and damages that have arisen or may hereafter arise by reason of the circumstances before mentioned, and Mate,

Carpenter, Seaman, severally of the said having had the foregoing Protest read to them, each speaking for himself and from his own knowledge, did on oath declare the contents of the same to be just and true in every particular, in testimony whereof they have, together with the said Master, hereunto signed their names.

Master.
Mate.
Carpenter.
Seaman.

Thus done, signed and sworn at the British Consulate

day of

18,

H.B.M.'s Consul.

Form of Attestation to Copy of Protest.

I, , Her Britannic Majesty's Consul at do hereby certify unto whomsoever it may concern, that the foregoing copy agrees, word for word, with the original Protest recorded in the Archives of this Consulate: In testimony whereof I have granted this Certificate, given under my hand and official seal at the British Consulate at

one thousand eight hundred and

this

day of

Her Britannic Majesty's Consul.