It is the duty of the master and crew to make a protest if required by the owners or consignees of the cargo; but the master cannot be compelled to do it at his own The person requiring it should pay all the

expense. 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 master'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 payable to notaries for protests, &c. :

Noting each protest

If the protest is extended, then also, Fee on taking instructions for extended protest

Drawing, engrossing, and registering the protest for each "folio" (72 words) exclusive of stamps

Stamp for each sheet

Fee for attending reading over the protest to the captain.
Fee for administering each declaration

Fee for notarial seal

For Certified Copies of Protests.

Notarial copy of any document for each folio of 72 words o o 6
Notarial certificate that same is a true copy, with attesta-

tion and seal (exclusive of stamps and fees for attend-
ances)

O 12 6

As a general rule, protests need only be made by the captain when abroad, and not when in England. In this country a protest is not in itself evidence in favour of the shipowner (except sometimes in the Admiralty Court in collision cases, and then only when it has been made immediately after the accident), although it can generally be used as evidence against him; in English ports the better course for the captain to adopt is to consult

a solicitor conversant with shipping matters, who will give any notices to merchants, &c., which may be necessary; or if an extended protest is asked for by underwriters or others, in support of any claim made on them under a policy or general average loss, the solicitor can prepare a common “statutory declaration," which, if required for use in England, is of exactly the same value as a protest, and is made at about one half the cost; or if, under exceptional circumstances, it should happen to be more expedient to make a protest, then the solicitor will advise the captain to do it, but in England the necessity for it can rarely occur. In foreign ports, however, the noting of a protest is a very desirable precaution for a captain to take, and in proper cases he should not omit to do it.

THE HOMEWARD CARGO.

F 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 master 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

* 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.

freight he can find, and then the deficiency of freight will only have to be paid by the original charterer.

The captain is bound to wait the whole of the lay days before he is justified either in sailing home or rechartering, 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. If the shipper of the cargo is only the agent of the charterer, he has no authority to substitute a different port of loading, instead of that named in the charter, and if he does so without authority, his principal will not be bound by it.

If, when the ship arrives at her destination, the captain is unable either to deliver the cargo or 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.

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.

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 employment by him or recognition and adoption of the services of the broker. If the principal recognizes 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. Chief Justice Tindal, in summing up to the jury in Wilkinson v. Martin, said :—“Undoubtedly, unless there is some agency established, there is no foundation for any contract between the parties. You (the jury) will decide for yourselves whether you are satisfied that, with the assent of both these parties, the plaintiffs

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