An Act of God versus the Insurance Company’s.

[j.sabourn]

One could say as per title that the umpire for such was the Notary Public as was the custom on the continent in tramp shipping arriving with the likes of a grain cargo.
Today I don’t know if the same practice is carried out, I was only involved in such when the master was too busy on arrival with customs /immigration etc. so was sent
ashore armed with log extracts of bad weather etc. of the voyage carrying such cargo whatever it was. Going before a Notary Public and swearing on the Bible that if on
breaking bulk any water damage existed it was due to an Act of God and not bad securing and water tightness of the vessel.Being very young at the time and having a very honest face I never had any trouble , but it was evident that some did and remember One Greek master who was kept waiting in the vestibule long before I went in saying
to me , it’s the same every time I come here they don’t believe me. He obviously had no problems swearing on oath that his clapped out vessel was the queen of the ocean
and a perfect example of what a good ship should be,Does this practice of Noting Protest still continue today ? JS.

[John Arton]

As far as I am aware John it still does exist. Always easy to do in countries such as France and the Netherlands but in the u.k I haven't a clue. Even on chemical tankers I had one occasion of having to note protest after we suffered water contamination of à parcel of phos acid after a horrendous voyage up from safi in Algeria to le havre.
Rgds J.A

[Des Taff Jenkins]

Hi John.
As for the Notery, do you think he ever visited the wharf's on the Thames? After potting the shifting boards and three canvass hatch coverings then locking bars and making sure that the wedges where properly hammered in, to arrive alongside in the Thames and watch them discharge the wheat or Sugar onto the concrete floor of the warehouse, made one wonder who was worried about Damp.
Des

[j.sabourn]

Another episode in my life at sea which was very traumatising at the time being a young 2 mate was in either 61 or 62 was the collission in the Plate between the Dutch passenger vessel ( Rhuys) and the mv. Exmoor. There was an enquiry about it in BA to which I was not called and as the officer of the watch from picking up both Channel pilots and harbour pilots was the only one who had a full picture of events. This preyed on my mind wondering why I was excluded. There was no loss of life in this episode so the story might have been different if there had.
However on return to UK I was approached by the company’s solicitors and asked my views as to the cause which I gave them which apparently no one else would say. The decision of the court was handled by the NE shipowners Association and was an insurance case of 3 to 2. I.e. one insurance company paid out 3 parts of the costs , and the other insurers paid out 2 parts. I never learned whose insurers paid out the bigger amount. Does anyone know if there is any means of finding out? However a seagoing life was always fraught with dangers and I got older and wiser with the passage of time and much bigger disturbances in my life enabling me to kick so called trauma under the bed.But would be nice to know if my statement in 61/62 helped , which would of course be proved by the paying of the lesser amount of money by the NE Shipowners Association. Do such still have such records or are they non existant today.? Cheers JS.

[j.sabourn]

#3 probably wouldn’t know one end of the ship from the other Des. He was just the legal and appointed government receiver of Oaths and their authenticity Good number for a retired ex solicitor or someone knowing a bit more than the normal person about the law. I know a few JPs out here just ordinary working men of good character or so they tell me. Cheers JS.

[John Arton]

Des
Once that cargo has. Rossed the ships rail, it is no longer the responsibility of the ship owner, unless there is a specific clause in the charter party relating to it's storage prior to it's delivery to its final destination.
To note protest the first line is , I, master of xxxx vessel do hereby certify that this is a true and accurate copy of the vessels deck log book.
Therefore it is vital that watch keeping offices make true and accurate entries into the deck log book especially as regards to weather conditions, i.e heavy seas on deck, vessel hove to or making way, pitching and rolling heavily etc.
Rgds
J.A

[Ivan Cloherty]

Des

Therefore it is vital that watch keeping offices make true and accurate entries into the deck log book especially as regards to weather conditions, i.e heavy seas on deck, vessel hove to or making way, pitching and rolling heavily etc.
Rgds
J.A

We kept a true and faithful account in the 'Scrap' logbook at all times, what was transcribed into the 'Fair' copy depended upon why it was needed. Canny lawyers and Notaries always ask to sight the Scrap Logbook.

Wouldn't have much joy from that weather station in North Portugal manned and operated by Monks, forget its name just now, but after battling across the Bay of Biscay you would tune in to get the latest forecast which was invariably moderate seas and gentle breezes, its nickname name was Gentle Jesus

[j.sabourn]

That’s true Ivan the scrap log book was the one the leagle eagles always wanted plus the Bridge movement book. This is all very well in a normal disaster but the likes of the Piper Alpha I can assure you and anyone else there were no entries between the hours of 2215 and 0300 the following morning. If there had of been it would have shown to anyone involved that I was skiving off and not doing what was absolutely necessary at the time. The written word is ok if one has the time and manpower to do, but in real terms in real disasters they are wishful thinking and is peoples memories and thoughts as soon as practical that matter. That’s when some conveniently forget to mention and have vivid imaginations.Thats why I asked my own crew not to talk to the press and save it for their police statements which they faithfully did to my knowledge , the same cannot be said for others. I think I was at a different disaster than some of the wishful thinkers.However the fair copy of the scrap log book was probably done away with after your time at sea and the what was called the scrap log was enlarged and had carbon copies so saved the mate and the Cheng all that neat and studious handwriting To be sent to the office.Cheers JS

[Johnny Kieran]

I well remember on a Sugar boat, loading sugar in Trinidad. Barges came out, and locals were down the hatch spreading with shovels. I often stood watching them, while one would stop for a crap or wee into the sugar, then just cover it. None of them ever came out of the hold to do their business.
I often asked if anything was done about it, but the answer was always a shrug.
Sugar anyone?

[j.sabourn]

Can’t put me off Johnny I use sweeteners now. JS