Daniel Connolly, Master,
Abstract of Note of Protest dated Gibraltar,
Sailed from Webbers Harbour, Labrador, on the 13th September 1907 bound on a voyage to Gibraltar for orders, laden with a cargo of codfish and arrived at Gibraltar on the 12th October. Experienced very heavy weather during the voyage the vessel labouring heavily and shipping much water over all. On the 19th September, for safety of ship and cargo was compelled to jettison about five tons (more or less) of cargo, and on the 24th lost the topsail yard. Fear further damage to ship and cargo in consequence.
of Extended Protest
Sailed from Webbers Harbour, Labrador, on the 11th (sic) September 1907 with a cargo of codfish bound on a voyage to Gibraltar for orders, the ship’s log commencing from that date. On the 19th of September they encountered very bad weather; during the day they shipped a heavy sea which filled the vessel from rail to rail, flooding the cabin and forecastle, and causing her to leak badly. At midnight another heavy sea broke over the starboard side, splitting the mainsail, heaving the boat out of the chocks and washing everything moveable overboard. The mainboom toplift was likewise broken off, the cabin being flooded, which caused the vessel to strain and leak badly. At 1 a.m. a third sea broke over her forward, smashing off the jibboom guys, and flooding the forecastle filling her up from rail to rail; there being no alternative for safety of ship and cargo but to lighten her by heaving overboard about five (5) tons (more or less) of codfish, after which she was found to make better weather, although still straining badly. During the act of jettison a large quantity of water got to the cargo. At 10 a.m. all possible sail was made. Wind light from South South East. During the succeeding days up to the 24th of September heavy squalls and strong winds were encountered causing the vessel to ship large quantities of water. On the 24th a heavy rain came on accompanied by severe squalls and thunder and lightning. At 11 p.m. the vessel was struck by lightning forward unshipping the topgallant yard and smashing the topsail yard in two pieces. At daybreak the wreck was cleared away; the squalls and heavy showers continuing with rare intervals during the 25th and 26th. On the 27th fine weather began, which lasted up to the 12th October on which day the vessel arrived at Gibraltar which port she left on the 19th and proceeded to Malaga where she arrived on the morning of the 23rd October.
Abstract of Logbook
1907. Begins and ends with fine weather, receiving cargo from 5 a.m. to 7:30
p.m. wind variable from South to North East. Pumps etc. strictly attended
Abstract of Survey Report
I the undersigned, do hereby certify having surveyed the British Schooner “Richard Greaves” J. Connolly, Master, on her arrival at this port October 13th,1907 and found said vessel had sustained the following damages:
Fore topsail yard broken in two pieces close to sling band and jumper fore stay stranded.
Recommended that a new topsail yard be supplied, and jumper fore stay to be temporarily repaired.
The above recommendations as to new fore topsail yard and temporarily repairing jumper fore stay were effected and surveyed by me, October 16th, 1907
(Signed) T. R. Cooper
Abstract of Survey Report on Hatches
We the undersigned, George Leperson, Master of the S. S. “Constantin” of Havre and E. C. Nichols, Master of the S. S. “Malabar” of Newcastle-on-Tyne were this day, 24th October, requested by Daniel Connolly, Master of the Schooner “Richard Greaves” of Carnarvon to survey his hatches. We proceeded on board and found the hatches well and properly battened down, 4 tarpaulins on the main hatch and a good covering over the after hatch, both hatches caulked with oakum and strips of tarred canvas over the seams of main hatch, all thoroughly watertight and in good condition.
(Signed) G. Leperson
(Countersigned) F. Molina de la Vega
Abstract of Survey Report
We the undersigned, having been appointed by Mr. F. Molina de la Verga on behalf of the underwriters to hold survey on board the British Schooner “Richard Greaves” from Webbers Harbour, Labrador, with a cargo of codfish for this port to survey damage sustained, we proceeded on board and found as follows: All the caulking slack and broken along the covering board seams on both sides also on forecastle deck around the windlass and coamings of scuttle hatch, the cover also broken and around fore hatch coamings caulking slack and broken, also topsides and around the counters caulking is slack and broken, also standing fore rigging more or less damaged and fore topmast stay broken also fore topsail yard broken and fore topgallant yard damaged and main boom topping lifts and foreyard lifts broken and ventilator for hold washed away. Some repairs in connection with the above damage having been carried out in Gibraltar, we consider that those necessary repairs to be accomplished in Malaga to make the vessel in a good seaworthy condition will amount to fifteen pounds.
(Signed) Charles Dockurey
Abstract of Survey on Damage
October 31st. I the undersigned having been appointed by the Master of the British Schooner “Richard Greaves” to survey the dunnage of the ship, appeared on board and found the cargo to be well protected as far as could be seen.
I was again called on board by the Master of “Richard Greaves” on November 7th and 13th and found the cargo to be well protected with dunnage.
(Signed) T. J. Starke
Abstract of Consular Survey Report on Cargo
We, the undersigned, did repairs to the Schooner “Richard Greaves” and did then and there hold the required survey and we do accordingly declare and report as follows:
That we have held a survey on the cargo of codfish discharged by the vessel and from inspection of same we have been able to ascertain that part of the cargo is in a state of damage caused by contact with sea water and consequently unfit to be sold at the full price commanded by the article in perfect condition.
As all the damaged fish is not in the same state of average, we have made the following classification.
First degree of average
with more damage.
First degree of average:
actual value 6/6 (six shillings and six pence)
The quantities of both degrees of average as surveyed
by us are:
(Signed) Salvador Jimemez
Abstract of Survey Report on Cargo
The undersigned, Oscar Buchheim and Mr. Salvador Jimenez, merchants established in this town, partners respectively in the firms which trade under the style of Thornton & Co. and Hijos de Feliciano Garcia unanimously declare:
That in fulfillment of one of the clauses of the simple sale contract entered into between Messrs. Hijos de Francisco de las Penas, as the buyers, and Messrs. Harrington & White, of London, as the sellers of a cargo of codfish by the sailing vessel “Richard Greaves” the former that is to say Messrs. Hijos de Francisco de las Penas, requested the British Consul at Malaga to appoint two merchants established in that city in order that they might proceed to ascertain the condition in which the goods discharged by the said vessel were seeing that they considered that they were in a damaged condition.
That in complying with the request made by Messrs. Hijos de Francisco de las Penas the British Consul thought proper to appoint for the enquiry as to the condition of the codfish discharged by the sailing vessel “Richard Greaves” Messrs. Oscar Buchheim and Salvador Jimenez, who in fulfillment of the mission which was entrusted to them drew up the corresponding certificate containing their opinion as to the condition of the goods which they duly delivered to the Consul for such purposes as he might consider proper against the collection of the fees due to them for fulfilling the mission with which they were charged.
That Messrs. Hijos de Francisco de las Penas and Mr. Francisco Molina de la Vega (the latter as the representative of the Insurance Company, the Salvage Association of London, in which Company the cargo in question was insured) having learned of the appointment made by the British Consul of Messrs. Oscar Buchheim and Salvador Jimenez and as they had full confidence in the persons appointed by the Consul, so that they might in their turn fulfill the office of experts on their behalf, they decided by common consent to entrust the said gentlemen with the mission of proceeding daily to the discharge quays and there inspecting, classifying and estimating any damage which might have been sustained by the codfish which was being discharged from the above mentioned sailing vessel, one of them as the expert for Messrs Hijos de Francisco de las Penas and the other one as the expert for the Insurance Company.
The buyers and the representative of the Insurance Company being agreed upon this, the former appointed as expert in order to estimate on their behalf, Mr. Salvador Jimenez and Mr. Francisco Molina de la Vega, as the representative of the Insurance Company, the Salvage Association, appointed Mr. Oscar Buchheim.
For this purpose and in the capacity of surveyors, inspectors and valuers of the cargo of codfish discharged by the sailing vessel “Richard Greaves” we the undersigned Oscar Buchheim and Salvador Jimenez declare as follows:
That in fulfillment of the mandate with which we are honoured by Mr. Francisco Molina de la Vega and Messrs. Hijos de Francisco de las Penas respectively, and as experts appointed by them, we proceeded every day on which the state of the weather permitted discharge, to survey, classify and estimate the goods discharged by the sailing vessel above mentioned and as the result of our inspection we were able to appreciate unanimously that there is a damage caused by wetting by seawater, and as that damage is of greater and less extent it led us to draw up a classification of the damage in different categories the specification of which we make in the following form:
First category of damage
And below we give the details of our examination.
There were discharged 100 “serones” (hampers) of codfish all in sound
October 28th There were discharged
October 29th The rain prevented discharge on the 29th
October 30th We found amongst what had been
November 1st & 2nd The 1st
& 2nd November were holidays,
November 3rd on the 3rd codfish
could not be discharged on those
November 4th During the discharge this day
we were able to assess:
November 5th & 6th On the 5th
and 6th the rain
November 7th What was discharged this day
November 8th The codfish discharged this day
was found to be
November 9th & 10th Nothing was
discharged on the 9th
November 11th We found in the codfish
November 12th On this day there were
November 13th The last day of discharge gave
Kilos 167296 ½ 158400
Recapitulation of the net weights
Sound 1st category 2nd category 3rd category
6532 4420 ½ 1224 ½
General Resume of the net weights
Sound 104.733 ½
The discharge having been completed and being perfectly informed as to the condition in which each category of damage was, we made an estimate of the damage or depreciation of the damaged goods in the manner set out in detail below:
First category of damage
with a depreciation of 45%
And in testimony thereof we issue this present certificate survey, inspection and estimate of damage, adding that the fees due to us for this inspection in accordance with the tariff fixed by this Corporation of Commercial Brokers for work of this kind, namely ½% for each expert on the value of the goods surveyed and all considered in sound condition for that purpose and which in this present case amount to ₤31.3.6 namely 1% on ₤3118.2.2 have been paid to us by Mr. Francisco Molina de la Vega as the representative of the Insurance Company, the Salvage Association, in acknowledgement of the whole of which we draw up this document and receipt in duplicate valid as one only.
(Signed) Salvador Jimenez
(Signed) Hijos de
Francisco de las Penas
Abstract of Survey Report dated Malaga
We the undersigned, having been appointed by Mr. F. Molina de la Vega on behalf of the underwriters to hold final survey on board the British Schooner “Richard Greaves” from Webbers Harbour, Labrador, with a cargo of codfish for this port, to survey the following repairs, which we found duly accomplished, viz covering board seams caulked on both port and starboard side, also forecastle deck around the windlass, coamings of scuttle, fore hatch duly caulked, cover on fore scuttle renewed, topsides and round the counters also caulked. Standing fore rigging, fore topmast stay, main boom topping lifts, also fore lifts repaired. Topsail yard renewed, gallant yard and fore ventilator repaired.
Having found the above repairs completed to our satisfaction, we now consider the said vessel in a seaworthy condition and fit to proceed on her voyage.
(Signed) John P.
Abstract of Declaration dated Malaga,
We hereby declare that, with the sole exception of the five tons (more or less) of jettisoned fish referred to in the master’s extended protest at the Port of Malaga, dated October 23rd, 1907, the whole of the cargo of codfish shipped at Webber’s Harbour, Labrador, on board the Schooner “Richard Greaves” Daniel Connolly, Master, has been discharged at the aforesaid port of Malaga.
I hereby certify the written signatures on the other side hereof, to be those of Daniel Connolly, Master of the Schooner, “Richard Greaves” and C. Gushire, Wesley W. Tuffin and Peter Martin, Boatswain and Able Bodied seamen respectively, belonging to the aforesaid vessel, who signed their names in my presence.
Malaga, 16th November 1907
(Signed) Gustavo Bolin
Abstract of letter from Mr. Molina de la Vega to Daniel Connolly, Master of the Schooner “Richard Greaves” dated Malaga, 20th November 1907
Complying with your request, I have much pleasure in informing you that the total outturn of codfish ex your Schooner “Richard Greaves” has been (3118) three thousand one hundred and eighteen quintals.
Abstract of letters from the Adjusters to the Insurance Brokers, 27th November 1907
Will you kindly ask Capt. Connolly to give a detailed account of the jettison showing where the fish was taken from and how access was obtained to it, how many men were employed, and for what time, and to explain how he arrived at the estimated quantity of five tons jettisoned and also to say what proportion of the damage to the codfish is attributable to leakage and to water shipped during the act of jettison respectively. As the short delivery was nearly three times as much as the quantity estimated by Capt. Connolly will he explain what steps were taken at Malaga to check the quantity delivered.
28th November 1907
With reference to our letter of yesterday and your call today, as you think that Captain Connolly may not understand our inquiries we would suggest that he should be asked the following questions:
(1) From which hold was the codfish jettisoned?
(2) Was the jettison made through the hatches or the bulkhead?
(3) How many men were employed jettisoning?
(4) How long did it take to effect the jettison?
(5) How was the estimated quantity jettisoned calculated?
(6) How much of the damage to the codfish was caused by leakage?
(7) How much of the damage to the codfish was caused by water shipped during the act of jettison?
(8) What steps were taken at Malaga to check the quantity to codfish delivered?
Abstract of Letter from Capt. Connolly dated Cadiz, 3rd
(1 & 2) The jettison was from the after hold through the bulkhead door aft.
(3 & 4) Five men were employed for three hours.
(5) There was no exact means of calculating the quantity. Only supposed it to be 5 tons more or less by the length of time we were handling it.
(6) I do not know how much was damaged through leakage. On 24th the ventilator was washed away and a quantity of water got into the cargo before it was discovered.
(7) I do not know what amount of damage was caused through the jettison.
(8) There were 4 men checking the weight, one from the Custom House; one from the merchant; one from Mr. Molino, representing the underwriters; one for the ship.
Copy of Letter from the Surveyors to the Consignees, dated
Malaga, 3rd February 1908
Messrs. Hijos de Francisco de las Penas
In reply to your favour of the 1st inst. in which you ask our opinion as to the part of the damage which must be attributed to the water shipped by the sailing vessel “Richard Greaves” during the jettison operations and the part which may have been caused by leakages during the voyage, we have to inform you that according to the opinion, which we were able to form during the discharge of the codfish carried by the said vessel, through the disposition of the damage, it must have been caused solely and exclusively by a heavy sea shipped in the holds during the operation of jettison and by no means through leakage or weeping of the ships hull or deck.
(Signed) S. Jimenez
The adjusters have seen the master of the schooner who informed them that the cargo was weighed in drafts of two cwts on shipment, as usual, and he received at least the full bill of lading weight, the fish was fairly dry when shipped, no pickle was pumped up on the voyage and he is satisfied that the delivered weight is correct. That when the cabin was flooded on the 19th September none of the water got to the cargo. That the schooner was laid to for the purpose of jettisoning the cargo, and all the crew were employed at the jettison for three hours, he personally jettisoned at least twenty quintals an hour, and the rest of the crew each jettisoned a like quantity; and that his estimate of five tons was made without consideration. That two ventilators were washed away on the 24th September, one over the forward part of the hold which would lead to damage to the cargo, and one over the forecastle which would not affect the cargo. That the schooner leaked along the covering boards in consequence of straining. That the greater part of the damaged fish was found from the after part of the main hatch aft. That the schooner had only one hold, with two bulkheads, fore and aft, a main and an after hatch.
The “Richard Greaves” is a wood schooner built by D. Jones at Portmadoc in May 1885, copper fastened, and originally classed in 13A1 in Lloyd’s Register the class was continued for 9 years in May 1898, and the half time survey was passed in May 1903, when she was felted and remetalled.
The adjusters, after consultation with their surveyors, estimate the value of the schooner in damaged state at the sum of ₤700.
The Charter Party, dated Trinity, Newfoundland, 5th July 1907 contains the clause:
“Average, if any, according to York, Antwerp Rules, 1890”
The Bill of Lading dated Webber’s Harbour, Labrador, 13th September 1907 does not contain any clause regulating the adjustment of general average
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