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wholly or partially set aside at law, and though the initiative to be taken in making the declaration of sea-protest devolves on the master, yet it is desirable that the Consul should remind him of the provisions of the law as laid down by the respective lex mercatoria. (Comp. §§ 63 & 68, sub-sections 35-38).

damaged ships

23°. When a vessel of his nationality enters a Surveying port with accidents to the vessel or with damages and cargoes. to cargo, the Consul shall, after the sea-protest mentioned above is made, on a written request of the master, appoint the necessary surveyors with instructions to state :

a. What damages have occurred to ship and
cargo. What goods are damaged. The
sort and marks of the damaged goods
and their present condition to be clearly
specified and stated.

b. Whether the damage has been caused by
voluntary acts to save ship and cargo
or by accidents of sea and weather.
And, on the other hand, whether the
damage was the consequence of unsea-
worthiness of the vessel, or was caused
through neglect of the master or crew.

c. What is the value of the vessel in its
present damaged state.

d. What would have been the value of the
vessel, if she had arrived at the place
of survey in a seaworthy state, able to
sail for her destination.

e. By what means the repairs can be effected
in the present port or must the vessel
be sent to another harbour, and which
-to undergo repairs. And, in the last
case, what are the necessary provisional
repairs required and what their cost to

put her in a state to reach the indicated port for complete repairs.

f. What will be the cost of repairs to put the vessel in a state of complete seaworthiness.

g. What would have been the market value of the goods, if they had arrived in good condition at the place of destination, and what is their value in the present damaged state. Whether it is advisable in the interest of the owners, to send the goods in their present damaged state to their destination or to sell them on the

spot in behalf of parties concerned.

The Consular disposition containing appointment of surveyors, with the injunctions above stated, must be written under the request of the master. The names, surnames and professions of the surveyors and the time fixed for them to be sworn in, must be mentioned in the appointment, of which a copy is transmitted to the appointed.

In cases of surveying damaged goods alone, only the injunctions mentioned under a, b and g are applicable, but the form of the document is always the same.

At a time fixed, the surveyors will appear at the Consulate to be sworn in by the Consul and accept their charge, and to fix the day on which they will begin the survey. Of this formality a separate document is drawn up, signed by the surveyors and the Consular officer.

The ship's log-book (journal) and the seaprotest are placed at the disposal of the surveyors, and all necessary information is afforded to them for the due fulfilment of their task.

They have to give their report in writing, clearly treating every subject as specified in their instructions and distinctly separating the damages caused by voluntary acts and those by. accidents of sea and weather, with the respective costs of repairs.

The surveyors' report must be made up in duplicate and both copies, dated and signed by the three surveyors, handed to the Consul who, after having certified the signatures and affixed his Consular seal, gives one copy to the master, and deposits the other in the archives.

The surveyors shall hand in to the Consul, together with their report, a specified statement of the costs, in duplicate, upon which the Consul, after due examination and verification, shall add the declaration: that the costs are in accordance with the generally adopted usage of the place to the amount to be written in full,-which declaration shall be signed and sealed by the Consul, and the statement of costs affixed, with Consular seal, to the surveyors' report.

authorization of

24°. When the necessity, the amount and the Repairs with nature of repairs have been proved, the master the Consul. shall apply in writing to the Consul for his authority, when, in conformity with his law, he cannot have the repairs executed otherwise than with the authorization of the Consul.

This authorization may be given separately, or it may be proved by the Consul signing the general account of the expenses, certifying that the repairs have been made according to the permission asked and granted, in conformity with law.

The repairs must be paid with the money which may be on board the ship, and if this be not sufficient, by bills on the owners. If the master cannot negotiate bills on the owners, he

Consular attributes with regard.

money for

of refuge; with regard to bottomry and

may, with the authorization of the Consul, raise money on bottomry. This is done by a written request of the master, stating the circumstances on which the Consul writes the disposition, granting the request in conformity with law, after having assured himself of the facts.

25°. When during the voyage, the vessel being to the raising of in a port of refuge, it happens that the master is repairs in a port in want of money, for ordinary ship's repairs and equipment, or for the supply of provisions, and respondentia. that he is not able to negotiate any bills on the owners, he can likewise resort to the borrowing money on bottomry or respondentia. In this case the situation and the necessity for the supply must be investigated and proved by the Consul, on the written request of the master, to which must be added a declaration signed by the officers or principal men of the crew, testifying the necessity of the expenses, -all in the manner prescribed by law.

Idem, with regard to the selling of cargo.

The form of the bottomry-bond must be drawn up in conformity with the general usage of the place, duly certified and legalized by the Consul. (Comp. §75).

26°. In case the master, being in a port of refuge, is obliged to meet indispensable expenses, to enable the ship to proceed on her voyage, and can neither get bills on the owners negotiated nor bottomry on ship and cargo, he is entitled, with the consent of the Consul, to sell as much of the goods on board as cargo as is necessary to procure the amount required to put the vessel in a proper state to proceed to her destination. The same formalities of written request by the master, as prescribed by law, must be observed and the Consul shall give the necessary authorization after investigation.

butes with regard

27°. When it is proved by the report of sur-Consular attriveyors, that the cargo, or a part of it, is in such to condemned a state that it cannot be transported any farther, cargo. and surveyors in their report advise the sale of it, in the interest of parties concerned, the master shall ask the Consul for permission to sell the same, with indication of sort, quantity and marks all clearly specified in a written request; on which document the Consul shall write the permission required, after having satisfied himself regarding the necessity and urgency of the case.

The goods must be sold at public auction. The account sale shall be legalized by the Consul with the declaration: that the sale has been effected at public auction, in conformity with the general usage of the place, in his presence, that the fees and expenses are those customary and the net proceeds of the sale amount to (the sum to be written in full).

.....

28°. All documents and accounts concerning the sale must be duly legalized by the Consul, and the report and cost of surveying annexed.

condemned

29°. The vessel being legally condemned by with regard to sworn surveyors, appointed in conformity with vessels. law, and neither owners nor underwriters being represented at the port, the master shall make a written request to the Consul, stating the circumstances and the reasons for the condemnation of the vessel and ask for authorization to sell the vessel in the interest of the parties concerned. The Consul shall give this permission after having satisfied himself that all formalities have been duly attended to, in a disposition written on the master's request and in conformity with law.

The sale must be effected at public auction, in conformity with the general usage of the place,

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