BE IT KNOWN AND MADE MANIFEST TO ALL WHOM IT DOTH OR SHALL OR MAY CONCERN THAT on the 15th day of January in the year of our Lord one thousand nine hundred and eighty
BEFORE..........JOHN HUNNICUT
Barrister and Solicitor and, as such a Commissioner for Oaths for the District of Montreal, Province of Quebec, Canada.
PERSONALLY APPEARED
CAPTAIN Niels Erik Loekkeboe
Master of the M.V. "KOYO MARU"
of a burden of 6,617.33 gross Metric Tons and 4,155.90 net Metric Tons, registered at the Port of OSAKA, Japan - 0/N 115537 Call Sign: JBBP, who did duly and solemny declare and state as follows;
that is to say;
THAT this Appearer and the rest of his crew of the said ship sailed in her from BARCELONA, SPAIN, BOUND for MONTREAL, PROVINCE of QUEBEC in ballast on December 27th, 1979. The vessel being tight, staunch and strong, well manned, victually and sound, and in every respect fit to perform the said intended voyage.
THAT in the course of the said voyage vessel encountered very bad weather and sea conditions; more particularly from the Fifth of January 1980 until the Thirteenth of January, 1980.
THAT during the aforesaid period of time, winds blew from various directions from NW to SW between force 5 and 9 and reaching force 10 in heavy rains on the Beaufort Scale.
THAT as a consequence thereof, vessel rolled and pitched in very high swells in confused seas; laboring and straining heavily, shipping seas on main deck over forecastle and hatches.
THAT in order to minimize the effect of said very bad weather and sea conditions vessel was hauled to the wind and speed was reduced on several occasions as and when required;
THAT upon arrival at Montreal, cracks were observed on Hatch Coaming No. 2 on port and starboard side;
THAT services of surveyors were requested for closer examination of ship's condition afloat; nonetheless, I fear damage to ships's bottom plating.
AND NOW fearing damage to the hull and machinery of the vessel from any or all of the above incidents, this Appearer doth protest against the aforesaid very bad weather, accidents, incidents and occurances, and against all and every matter and thing he had and met with aforesaid, and all loss or damage occasioned thereby; reserving the right to extend this protest at a time and place of convenience.
I, CAPTAIN Niels Erik Lokkeboe,
Master, do solemny and sincerely declare that the foregoing statement is correct and contains a true account of the facts and circumstances. AND I make this solemn declaration consciously believing it to be true and knowing that it is of the same force and effect as if it was made under OATH, the whole under the Canada Evidence Act.
THUS DECLARED AND PROTESTED, in due form of law, before me the said Commissioner, at Montreal, Province of Quebec, Canada, the day and year first written above.
(S) Niels Erik Loekkeboe
MASTER
Declared to before me at Montreal,
this fifteenth day of January, 1980.
(S) John Hunnicut
COMMISSIONER FOR OATHS FOR THE
JUDICIAL DISTRICT OF MONTREAL
