Sunday, January 17, 2010

What is a marine/maritime protest?

Maritime protests, also called marine protests, unlike regular "protests", are not "duties" of a Florida notary, although because the term "protest" is used, most notaries believe this is something like a regular "protest". In reality, marine protests and regular protests have nothing to do with each other. Whereas a protest is a notarial act, a marine protest is nothing more than an affidavit by a ship’s captain, taken before a notary public. Although rare, there are some notaries who have found the drafting of marine protests a lucrative business.

A maritime protest is simply an affidavit stating the damage which may have occurred to a certain vessel (ship) due to inclimate weather, etc., and that the damage was not caused by the neglect of the captain or ship’s crew. Generally, the affidavit is signed by the "master" of the ship (i.e., the captain), and the first mate or other officer next in command. The maritime protest must be executed within twenty-four hours after its arrival into a Florida port.

These documents are referred to as "protests" because in "the old days", the notary was actually certifying the information contained in the affidavit as opposed to just administering an oath where the captain swore that the statements were true. In this sense, maritime protests were like regular protests, in that it was made on information satisfactory to the notary. However, because you have no personal knowledge or proof of these facts, unless you happen to also be an officer on the vessel, you should decline to set your hand and seal to a document in that form. Instead, you should request that the proper ship officers draft the document as an affidavit and include a jurat in compliance with Florida Statutes.

A proper form would be as follows:

UNITED STATES OF AMERICA
STATE OF FLORIDA
COUNTY OF ___________________


BE IT KNOWN by this public instrument of declaration, that on this ______ day of _________________, 20___, before me, the undersigned notary public in and for the State of Florida at Large, personally came and appeared (Name of captain) , master and commander of the ship (Name of ship) , belonging to (Owner of ship) ; also, (Name of first mate) , first mate, who did, upon oath duly administered, severally and solemnly declare and state as follows:

(Insert here the full statement of the ship’s crew relating to the damage which has occurred to the ship and its causes, etc.)

Wherefore, these affiants do protest against all and singular the premises, the aforesaid bad
weather, gales, storms, winds, high seas, accidents, casualties, occurrences, and all loss, damage, and injury sustained thereby or arising therefrom.


(SIGNED) , Master.
(SIGNED) , First Mate.


Thus declared, subscribed and sworn to before me, on the day and year first aforesaid, by (Name of Captain) , who produced _________ as identification, and by (First Mate) , who produced ______________ as identification.

(Signature of Notary Public) (OFFICIAL SEAL)
(Print, type, or stamp commissioned name)

SOURCES
1. Hinch, Frederick M. John’s American Notary and Commissioner of Deeds Manual, Third Edition. Callaghan & Company. Chicago, Il.: 1922. pp. 279-280.
2. Giauque, Florien, A.M., LL.D. A Manual for Notaries Public, Fifth Revised edition. The W.H. Anderson Co. Cincinatti, Oh.: 1922, pp. 262 -264.

1 comment:

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