Chapter 1811.

Navigating the Lower Saint Lawrence in the 19th Century.


	Quebec, Oct. 9th, 1811.
	Copy of an award made by the arbitrators under a rule of the Court of King's Bench for the District of Quebec, in the suit of Peter Fraser, plaintiff. vs. George & William Hamilton, defendants.

District of	IN THE KING'S BENCH.
Quebec.
	Peter Fraser, Esquire,	plaintiff.
	George Hamilton
		} defendants.
	William Hamilton,

    We the undersigned, two of the arbitrators and amicable compositors, named and appointed in virtue of a motion of consent made in this case, and bearing date on the 20th June last past, to wit, Benjamin Tremain, Esquire, named on the part and behalf of the said defendants, and Ross Cuthbert, Esquire, named on the part of the said Court of King's Bench, to award, order, arbitrate and finally determine the issue between the said parties in this case, and all matters and things in difference between them, touching the premises. Having duly examined and fully considered all the allegations and proofs made and advanced by the said parties respectively, and it appearing to us the said arbitrators, that the said Peter Fraser did bona fide proceed to the said ship Trio while stranded on the bank or shoal of Mille Vaches, as set forth in the declaration in this case, filed, with the sole intent to procure to the underwriters and all others whom it might concern, the said ship Trio, and cargo therein contained, and did, with the persons whom he procured to assist him, the said Fraser, protect and guard the said ship Trio and cargo, as aforesaid, for and during the space of seven days.
    We, the arbitrators, do therefore, by this our written instrument, award:
    1st. To the said Peter Fraser, the sum of thirty pounds currency, for the time, care and diligence employed and exercised on and about the said ship Trio, while stranded on the bank of Mille Vaches, as aforesaid, to wit, from the 26th day of October last past, until the 2nd day of November also last past.
    2nd. And further to the said Fraser, for the sole purpose of paying and compensating divers persons procured by him the said Fraser, to assist him, the said Fraser, in the preservation of said ship Trio and cargo, as aforesaid, to wit, William Pettigrew, pilot, the sum of seven pounds currency, Jean Baptiste Asselin, the sum of seven pounds currency, Joseph Albert, the sum of seven pounds currency, a boy (name unknown to the arbitrators, but proved to have assisted) the sum of three pounds ten shillings currency, and two other persons (also names unknown, &c.) who at the request of said Fraser did assist as aforesaid, but for and during the space of five days only, to each the sum of five pounds currency, making together the sum of thirty-four pounds ten shillings currency. These several sums thus and hereby awarded to the said Fraser, for the purpose aforesaid, in consideration of the time and labour expended and employed by them the said several persons in and about the said ship Trio and cargo aforesaid, at the special instance and request, and under the direction of him, the said Fraser.
    3d. And finally, we award and determine that the cost of suit be paid by the defendants in this case.
    And further we the arbitrators undersigned, in justification of this small sum of money, hereby awarded to the said Peter Fraser for salvage in this claim, desire to add, that the said ship Trio and cargo aforesaid, were not eventually saved by the said Fraser, owing to the said ship Trio and cargo aforesaid being taken possession of by Captain Cribbin and other, sent by the defendants to take charge thereof. To wit, on the 2nd day of November last past; which act was made expedient on consequence of the frequent intoxication of said Peter Fraser which rendered him in a great degree unfit in such circumstances to conduct said ship Trio, and made it doubtful whether the said Fraser could have contributed to the ultimate preservation of the same.

	(Signed)	Benjamin Tremain, Ross Cuthbert.
Made at Quebec, this 30th
day of September, in the
year of our Lord 1811.

A true copy, conformable to the original filed in the
above case, and remaining of record in our office.
Quebec, the 8th of October, 1811.
Pyke & Perrault, P.B.R.


G. R. Bossé©2001-05	Page 5	Chapter 1811