PROTESTS. WHEN from home the captain should note a protest if the ship has been wrecked, or if any damage occurs to the ship for which there will be a claim against the merchant or underwriters, or if the merchant refuses to load or unload the cargo, or if he does not load the right kind of cargo, or if he does not load a full cargo when bound to do so, or if he causes any detention in loading or unloading, or if he refuses to sign a charter party according to agreement, &c. If there is not a notary at the port he should make the protest either before the British consul, if there is one, or some officer of the British Government, such as a magistrate, or collector of customs, and it is then advisable for the captain to keep a copy of the noting. If made before a magistrate, &c., he should sign the copy, showing that it is a true copy. If the protest is not made before a notary, the person before whom it is made should make a memorandum at the end, certifying that there is not any public notary at or near the place where the protest is made. Neither a magistrate, nor a collector of customs, nor any one except a notary or a consul, is entitled to any fee for noting a protest. To save expense, it is generally advisable merely to note the protest, and not to extend it, as it can be extended afterwards, and it is not necessary that the extended protest should be made before the same notary who noted the first protest. In extending the protest great care should be taken to have all the statements correct in every detail. It is the duty of the captain and crew to make a protest if required by the owners or consignees of the cargo; but the captain cannot be compelled to do it at his own expense. The person requiring it should pay all the expenses. If the noting of the protest has been delayed from any cause, it is better to add to the entry a short statement giving the reason for the delay. If the captain's services are required at the ship, he must not leave his duty to seek a notary-it is sufficient if the protest is noted within forty-eight hours from the time the captain is first. able to leave the vessel. The following fees are those usually payable to notaries for protests, &c.; but there is no fixed scale of charges, and each case must depend upon the amount of time and trouble involved. £ s. d. Noting each protest 0 26 If the protest is extended, then also, Fee on taking instructions for extended protest 068 Drawing, engrossing, and registering the protest, for each “folio” (72 words), exclusive of stamps 020 Stamp for each sheet 010 Fee for attending reading over the protest to the captain 0 3 4 Fee for notarial seal 0 1 0 026 For Certified Copies of Protests. ...... 0 0 6 Notarial copy of any document, for each folio of 72 words Notarial certificate that same is a true copy, with attestation and seal (exclusive of stamps and fees for attendances) 0 12 6 ... In the Appendix will be found a list of Fees chargeable by British Consular officers in regard to noting protests, and to other matters affecting shipping. THE HOMEWARD CARGO. IF the merchant who is to supply the homeward cargo has no interest in the outward cargo, the captain is bound to give notice to him or his agents that the ship is ready to receive her homeward cargo, and if this notice is not given, the charterer will not be liable to pay damages if no cargo is supplied to the ship. If the merchant refuses to furnish a homeward cargo when that has been agreed for by the charter, or if he does not load the vessel within the stipulated time, the captain can then either charter the vessel for another cargo, or if that cannot conveniently be done, he can sail home in ballast, and the shipowner will be entitled to recover from the charterer a sum equal to the full freight the ship would have earned if she had been loaded according to the charter. The captain, however, should not return in ballast if he can obtain another cargo; he is bound to do what is reasonable in endeavouring to earn a freight, to reduce the amount of the loss, and he should, therefore, as soon as the charterer has finally and definitely refused to supply a cargo, or as soon as the time he has agreed by the charter to wait for a cargo is expired, re-charter the vessel at the best homeward freight he can find, and then the deficiency of freight only, with the expenses of obtaining the new charter, will have to be paid by the original charterer. To constitute a breach of the charter, the refusal must be clear and positive, and if, after the merchant does refuse, the captain declines to accept this refusal, or continues still to demand a supply of the cargo, then the shipowner or captain cannot treat such refusal by the merchant as a breach of the charter, but the captain will be bound to carry out his portion of the charter, and wait till the whole of the lay days are expired before re-chartering or sailing home. The captain is bound to wait the whole of the lay days before he is justified either in sailing home or re-chartering, unless the charterer or his agent specially requests him to re-charter, or states positively that no cargo will be furnished, and in either event it is advisable to note a protest before either re-chartering or taking in ballast. If there is any fear of ice setting in, and the ship being frozen in port during the loading of the cargo, the merchant will not be liable to pay demurrage during the whole time the vessel is frozen up; his liability will cease as soon as he completes the loading of the ship. If the time during which the merchant should have loaded the ship is expired, he cannot require her to remain any longer, and the captain should, therefore, sail with such cargo as he has already got on board, rather than run the risk of being frozen up over the winter. If the merchant cannot supply the cargo he has agreed to furnish, but offers to supply a different cargo, the captain should take such a cargo as the merchant can give (provided it is not dangerous or injurious to the ship), first noting a protest, and afterwards claim for any damage by reason of the breach of charter. If the shipper of the cargo is only the agent of the charterer, he has no authority to substitute a different port of loading, or a different voyage, instead of that named in the charter, and if he does so without authority his principal will not be bound by it. The captain should, therefore, be careful to see that the shipper of the cargo has got such express authority before he alters the port of loading or changes the voyage. If, when the ship arrives at her destination, the captain is unable either to deliver the cargo or to dispose of it by leaving it in safe custody, and he is forced to bring it back again, a return freight will be recoverable from the charterer. SHIPBROKERS' COMMISSIONS. A SHIPBROKER's right to his commission depends entirely on the usage of trade. The law assumes that the parties assent to pay the broker the usual commission unless a special agreement has been made respecting his remuneration. But as the usage is only admitted in evidence to show the supposed intention of the parties, evidence of former transactions between the same parties may be given for the purpose of explaining their intention in the matter in question. To entitle the broker to commission, he must first be either actually or constructively employed; secondly, he must introduce the parties to each other; and, lastly, the business must have been completed in consequence of such introduction; and if these conditions are complied with, the parties cannot by any arrangement among themselves defeat his right to his commission. First, he must be either actually or constructively employed. The principal cannot be liable unless there is either some express employment by him or recognition and adoption of the services of the broker. If the principal recognises and adopts the services of the broker, knowing that he is a broker, he is assumed also to agree to pay for the services, and he cannot afterwards repudiate his liability. Unless there is some agency established, there is no foundation for any contract between the parties. A jury must decide whether they are satisfied that, with the assent of both parties the plaintiff is the agent or middleman, by whose means the negotiation was commenced and made. Secondly, he must introduce the parties to each other, either personally or by name, or bring them into communication with each other, with the object of effecting the business. A mere dry introduction is not enough; the particulars of the business must be named to the parties, and the negotiation of the business must be the direct result of the introduction. If the broker communicates to the merchant what the shipowner charges, and also communicates to the shipowner what the merchant will give, and he names the ship and |