WMENTS OF THE SEA, AND rus Ists or Cases - For the Regulation Cols of Stas. Part-Owners, Masters mon Marones in a Virizine ofurs

When a ship or other vessel, whereor's master is made, belonging to secal part-owners, and departing from her own port, arrives at Burdeoux, en, or such like place, and is there iraghted to sail for Scotland, or

Skipper's sale,

without special procuration, not

good.

Ship-tackle pawned for ship necessaries, good

2. If a ship Skipper not to quit a port without advice of his

mariners.

some other forraign country; the master in such case may not sell or dispose the said vessel without licence or a special procuration for that purpose from the said owners; but in case he want monies for the victualling, or other necessary provisions of the said vessel, he may for that end with the advice of his mariners, hypothecate, pawn, or pledge part of the tackle or furniture of the said ship.

or other vessel be in a port or haven, waiting for her fraight, therewith to depart; the master, before he depart thence, ought first to consult with his company, and say, (sirs,) we have now an opportunity to set sail; some of them possibly will say, the weather as yet seems not good enough, the wind being but now newly changed, and we ought to see it somewhat settled; others of them possibly will say, the weather is good and fair: In this case the said master is to concur with the opinion of the major partof his company; if he does otherwise, and the vessel happen to miscarry thereby, he is obliged to make good the same, according to the value upon a just appraisement.

case of that like wreck, to save what may be saved.

3. If any vessel through misfortune happen to be cast away, in whatsoever place it be, the mariners are bound to use their best endeavour for the Mariners in saving as much of the ship and lading as possibly they can ; and if they preserve part thereof the master is bound to allow them reasonable consideration, whereby to get home to their own country, and in case they save so much as whereby the master may do this, then may he lawfully pledge to some honest persons such part thereof as may serve for that occasion. But if they have not endevoured to save as aforesaid, then the master is not bound to provide for them in anything; but rather they lose their wages when the vessel is lost. And the master may not sell the furniture of the vessel, or her lading without a procuration for that purpose from the owners and merchants; but yet he ought, if it may be, to have the mariners in a readiness, until he knows the pleasure of the owners; and herein he ought to doe as becomes a prudent master; for if he does otherwise, he is obliged to satisfaction.

Skipper's sale,

in case of disaster, not good

without speciall procuration.

Part of fraight to be paid for part of a voyage.

The Skipper, ship to finish his voyage, in case of disaster to his

to hire another

4. A vessel laden, departing from Rochel, or some other place, happens in the course of her voyage to be rendered unfit to proceed therein, yet the mariners save as much of the lading as possibly they can; the merchants and master are at variance, requiring to have their merchandize or the lading from the master; they ought indeed to have them, paying fraight for so far as they made the said voyage; kenning by kenning, and course by course, if it so please the master. But if he will, he may repair his vessel, if so be she be in such case as that readily she may be repaired; but if otherwise, and he cannot hire another vessel to finish his said voyage, then the master shall have his fraight for so far of the said voyage, and for so much of the lading as is there saved. And the fraight of the goods that are saved, ought all of it to be reckoned liver by liver, and the saved goods to pay the costs of their salvage, according as they shall happen to be. And in case it happens that the master, merchant, or mariners promised the people of the country, where such misfortune is, a third or one moity of what by their help should be saved of the ship and lading, out of the dangers they were in; in that case the justice of the country, where such misfortune happens, ought well to consider what pains they bestowed, and what hazards they did run in the saving thereof, and to reward them accordingly, notwithstanding what promise in such distress so made them as aforesaid by such master, merchant, or mariner.

own.

The reward of paid according to promise made in time of distresse of Admiralty

salvage not to be

but as the court

shall determine according to equity.

the

our der or empty, and arrive at any 075 bx to leave the ship, or to go out master's leave or licence; for if otherwise,

hizzer to be lost, or by any misfortune s obliged to make satisfaction for the :th. vessel was in such a place, as wherein she moared with two or three cables, they may

avtui“ ge eut of her without the master's licence, provik, the wave behind them on ship-board such a number

in as company, their fellow mariners, as is sufficient * arres, and the merchandize or the waing of the ship, provided marain in due time and season to their said ship. For

essay delays, or stay from the shy longer then is meet,

h. I make satisfaction, if they have wherewitha

the mariners, that hired themselves with the master, go out without his leave, and drick themselves drunk, or the like, there happens contempt to their master, besides debates, fightings, and quarrellings among themselves, whereby some happen to be wounded; in this case the master is not obliged to get them healed, or in anything to provide for them, but rather to discharge them of the vessel, and to turn them out of the ship, both them and their comrades. But if by the master s Mariners order and command any of the ship's company be in the service of the ship, and therein happen to be wounded or otherwise hurt, in this case they ought to be healed and hscharge provided for at the costs and charges of the said ship.

Dead at the ́s charge.

erowynda: ir the

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PLUNDERING WRECKS

Momenuti:. Gazett: of Friday last, we gave a tolerably

the bench, two of them were nephews of the party on whose case they were sitting in judgment: this is, to say the least of it, unseemly. Were it to occur in this country, it would, we think, be subject to a harsher expression of feeling. We shall, of course, not enter into the details of the case, as we have reported it, with the leading evidence on both sides, and as the bench of magistrates, including the two nephews of the accused, pronounced Mr. Jonas Studdart not guilty. In all such cases there is a great deal of conflicting evidence, and on going through the whole proceedings which we have carefully done, and maturely considered-we are of opinion that it is one of those cases wherein a Scotch jury might possibly have returned a verdict of not proven. But this, at least, was proven, that Mr. Studdart was on the beach as a magistrate, assisted by the police and coast-guard-or he might have been assisted, had he required it, by those organised bodies, when 500 men or upwards were assembled for the purpose of plunder; and we cannot discover that he took any means to stop the plunder, or to disperse the plunderers. It was also proven that some of the parties who were arrested, and brought before this magistrate on the occasion, were released by him. It was also stated by Capt. Wilson, that Mr. Jonas Studdart, the magistrate, required him [Capt. Wilson] to sign an agreement that they would get paid for the labour of guarding the property. And when and where did this consideration occur to the magistrate? On the beach at Kilkee, which was strewed with the wreck of the unfortunate vessel, and when its victims who had been drowned were every moment washing on shore.

These facts are given, in evidence, and although Mr. Studdart was acquitted on the criminal charge, it is difficult to exculpate him in his capacity as a magistrate. He was a resident gentleman of the neighbourhood, and probably every one of the plunderers was known to him by name. A magistrate in such a situation, at the head of ten policemen [there were twenty on the beach], might and ought to have dispersed the five hundred plunderers who were there assembled. Yet, it was distinctly proved that the plunder was carried on in the presence of the magistrates, including Mr. Jonas Studdart and his nephews-and of the police, without the slightest remonstrance, on the part of either.

There have been many disgraceful occurrences connected with wrecked property on the coast of Ireland; but we doubt not if we ever heard of one so disgraceful in its whole character as the plunder of the Edmond at Kilkee. Shipping Gazette.

SAILING VESSELS REGULATIONS.

11, Notre Dame Street, Quebec, Sept. 26th, 1850.

Sir. The mercantile marine bill having now passed into a law, by which the masters and mates in the merchant service are liable to be tried by a competent board of examiners and deprived of their certificates, and thus prevented from obtaining further employment, if any blame attaches to them in consequence of any accidents which may happen to their vessel by a collision with other vessels or by shipwreck; it therefore, becomes the duty of every seaman, for the benefit of all, to furnish any information he may possess, for the establishment of a code of rules and regulations for sailing vessels or steamers, to avoid accidents by collisions which too frequently take place, owing to one party not knowing how the other will act to avoid the danger. It is a well-known fact that the rules and regulations promulgated by the Trinity Board, London, have done more harm than good; owing to the NO. 1.-VOL. XX.

H

ambiguana wanner in which they are drawn up, a vessel may be placed in anch a geirinn sa to render a collision certain by following their rules.

i vuna, madafora, to request as a favor that you will insert the following eilee saken for various authorities, in your valuable journal. They may * satul nwmation to young officers or pilots, and may draw forth served arranged plan from the proper authorites than those which are * yanapot in forme in the merchant service.

Sir,

I have the honor to be,

Your obedient servant,
JOHN MCDOUGALL.

Ti saa miling gorsets are under weigh, beating to windward on opposite mize and wan kovinelled to pass near to each other, that which is on the Banquet sy west stand on close hauled or to the right, and the one which a danding in the port tack must bear away so as to pass astern of the other, d. Not hath thaal may have the other on the left or port hand; but if the germet d'ending on the port tack cannot pass astern of the other which is on Se dadygady Talk, in consequence of the proximity of some shoal or other dhe miyah That go about; and if in this case the two vessels should a tipkart, Mid to standing on the port tack shall in any event be

* xóm bạn pharafa beating to windward in opposite tacks in thick foggy #bea, # * A night, approach go near to each other as that the one atuh s h the prært tack, cannot pass astern of the one on the starboard ja vaje nach wah weasels must tack, and if notwithstanding the two vesaria Burrily heath in contact, the damage cannot be laid to the charge of one # If the wind should be so strong as to render it impossible to

q sasa hään Nik yessel running on the port tack must heave all aback a yaagay on the starboard tack pass.

*** gamla on opposite tacks are approaching towards each phed in the Wod wiam or free, they must observe the same regulations qe tren sparsley to windward, and each vessel must leave the other on the

44 ****ed standing close hauled on a wind is approached by pened thanks, wwwing with the wind free, steering across her course, the pinors ging has mist in all cases give way to the vessel on the wind, #rained the # the warboard or port tack, and pass under the stern of bha thanal blank holed, if the two vessels should come in contact the one pynning din fem wind free shall be considered in fault.

4. $ san tayy yazla are standing on the same tack and the one astern in a rahay is coming up fast, being the better sailer, she can pass kend món the vessel ahead, which must keep on without changing her haken yad that they has passed; but in case the two vessels should come * KARYA TA one which has fore-reached on the other, shall under any kad kupended sounds be considered in fault.

4. W in taking to windward a vessel may have approached a shoal or ythms varsad and be therefore compelled to put about to get clear, and should muwawy yasal be standing towards her and come in contact, the latter will in w, wyed in fault, whatever tack the one or the other may be on.

11. wma, sence of a fog, thick weather, or a dark night, two vessels, the musing close bauled and the other running with the wind aft should wer to each other that it is not possible to avoid a collision, the ved with the wind aft must endeavour to haul round on the same tack with the other vessel to weaken the shock of the collision as much as possibe, wuder much circumstances, if either of the vessels be damaged, the fault also be attributed to either one or the other.