Chapter 1811.

Navigating the Lower Saint Lawrence in the 19th Century.


	Whereupon we guaranteed the sale to whomever might become the purchaser or purchasers; and the ship Trio and cargo being then set up at auction, Peter Fraser appeared in a state of intoxication (as will be remembered by numbers of the persons present) and but for the same, which, after some time, were adjudged to him for the sum of £1500; but from his then state of intoxication, and possible unwillingness afterwards to comply with the conditions of sale, we thought it necessary to take advice of our counsel, Edward Bowen, Esquire. His Majesty's acting Attorney General, and J. Fletcher, Esquire, Barrister at Law who delivered us the following opinion: On conversing with Messrs. George & William Hamilton, respecting the circumstances relative to the sale of the ship Trio of Whitehaven, and her cargo, adjudged to Mr. Peter Fraser, for £1500 as the last and highest bidder, we are of opinion that Messrs. Hamilton will be fully justified in the immediate demand of the price in pursuance of the condition of sale, and on his declining either to pay the same or give such security as shall be reasonably satisfactory, in again putting up the vessel and cargo, and calling on him for any defalcation which may take place on a second sale.

			J. Fletcher
	Quebec, 3rd December. 1811.

    We then make through Mr. Lee, Notary Public, the following protest:
    On the third day of the month of December, one thousand eight hundred and ten, at three of the clock in the afternoon, being in the Neptune Inn, I, Thomas Lee, Public Notary at the request of John Cribben, of Great Britain, mariner, Louis Delamare, of Quebec, auctioneer and broker, and Messrs. George & William Hamilton, of Quebec, aforesaid, merchants and agents for the underwriters; did personally speaking to Peter Fraser, of Green Island, tender unto him the register of the vessel called the Trio, now wrecked on Mille Vaches shoals, of which he has just now been the purchaser, under the express condition that the money should be insisted upon immediately, and did summon and require him the said Peter Fraser, forthwith to pay the sum of fifteen hundred pounds, current money of Quebec, the purchase money of the said vessel called the Trio and the remaining parts of the cargo now therein as will more fully appear by the advertisement to that effect, exhibited unto the said Peter Fraser, and hereunto annexed; hereby in default thereof protesting against the said Peter Fraser for all and all manner of damages and particularly declaring him that the said vessel called the Trio, and the remainder of the cargo therein shall be again put up for sale, for his own account, and at his risks and perils, when received for answer, "That he was pleased the vessel should be sold upon his own account" whereupon, I the said Notary, have protested in the manner aforesaid.
    Thus done at Quebec, in the presence of Francis Quirouet and Thomas Place, witnesses, hereunto required.

Francis Quirouet,
	} Witnesses:
Thomas Place.		Thomas Lee, Notary Public.

	I hereby certify the above to be a true copy taken by me from the original minute remaining of record in my office. In testimony where, I have hereunto set my hand and affixed my seal of office, at Quebec, this eighth day of October, one thousand eight hundred and eleven.
	Thomas Lee, Jr.
	The vessel was immediately put up again, and the conditions of sale proclaimed anew; when, we being the highest bidders, after waiting for fifteen minutes without receiving a bid, she was duly adjudged to us, at £1400. On the same day a monition, issuing from the Court of Vice Admiralty here, was served upon us, requiring us to show cause why salvage should not be decreed to the said Peter Fraser, to one William Pettigrew, J.B. Asselin, and Joseph Albert; and on the 24th of the same month, a libel was filed in the said Court on their behalf, demanding of us the sum of £2000, each, as salvage, on the said ship Trio and cargo, making thus a demand of £8,000, being about £3,000 more than the gross proceeds of the said ship Trio and her cargo: to this suit so instituted in the Court of Vice Admiralty, we pleaded an exception to the jurisdiction of that Court; and afterwards a prohibition from the Court of King's Bench, bearing date 20th February. 1811, was issued; upon which, Peter Fraser, frustrated in his attempts there, brought his action along against us in the said Court of King's Bench for his supposed services on board the said ship of £550, where, instead of £550 salvage, £30 had been adjudged to him, as the award expressed it, for labour and services, Peter Fraser still withholds from us the long boat of the ship Trio, left by Captain Cribben at Green Island, with sails, &c, we have frequently demanded it in the same of the underwriters and others concerned in the ship, but to no purpose: we are not without hope, that the suit being now terminated, he will give her up.

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Chapter 1811