overall. During the aforementioned heavy weather the vessel was obliged to reduce the engine speed.

On December 7, 1999, at noon the vessel was at 41°01.1'N and 50°08.5'. During the day the vessel encountered rolling up to 25° on either side as well as rough 21° port swells that caused her to take water overall. During the aforementioned heavy weather the vessel was obliged to reduce the engine speed.

During the voyage the air and water temperatures varied from 00°С (November 26, 1999) to +22°C (December 6, 1999).

IV

TRUE COPY OF THE LOGBOOK

February 15, 1999 en route from Freeport, Bahamas to Augusta, Italy. 15.00 wind W, force 11, sea conf. vis. reduced to 0, heavy rain, wind

veering to N force 10—11. Bow lockout posted, commenced sounding fog signals.

20.00 wind W, force 10, vessel rolling and pitching and shipping seas across main deck.

24.00 clear sky, vis. good, winds WNW with mountainous sea and swell. Main deck awash with heavy seas.

February 16, 1999.

04.00 wind W, force 8, rough sea, cloudy, good visibility, WNW gale with high W'ly sea & swell causing vessel to roll and yaw. Main deck awash fore and aft.

Master

V

NOTE OF PROTEST

M/V …

On this Thirty-first day of August One Thousand Nine Hundred and Ninety nine appeared before me John Edward Leslie Bryson, Notary Public, duly authorized, admitted and sworn and practising in Mombasa in the Republic of Kenya, Master of the vessel ..., a motoship owned and operated by Messrs. ..., registered at ..., the registered number being 1212, gross registered tonnage of 10,380 tons and nett registered tonnage of 5,670 tons which sailed on a voyage from ODESSA on the Third day of August, One

Thousand Nine Hundred and Ninety nine bound for HODEIDAH by way of MOMBASA, ADEN and PORT SUDAN, and arrived at MOMBASA on the Twenty-ninth day of August, One Thousand Nine Hundred and Ninety nine at 06.30 hours laden with General Cargo. During the said voyage on the 12th, 13th, 14th, 15th, 16th, 17th, 18th, 20th, 21st, 22nd, and 23rd days of August, One Thousand Nine Hundred and Ninety nine the vessel encountered strong winds of gale force with rough and heavy seas which caused the vessel to pitch and roll heavily and ship water overall with consequent considerable changes of water and air temperatures. On the said Twentysecond day of August a fire started in Tweendeck No. I hold owing to spontaneous combustion of a cargo of matches which necessitated the use of fire-hoses before the fire was extinguished. The Master by reason of the foregoing, fearing damage to the ship and cargo by the fire and water, hereby gives notice of his intention to protest and causes this Note to be entered in this Register, reserving the right to extend this protest as need or occasion may arise.

Master of the m/v ...

Notary Public

VI

SEA PROTEST

ON THIS SEVENTEENTH DAY of the month of November, in the year one thousand nine hundred and ninety nine.

BEFORE ME, STENLY WRIGHT, the undersigned Notary for the Province of Quebec, in Canada, practising in the city of Quebec, in the said Province, personally came and appeared;

G ... Master Mariner, and Master of the motor vessel called the " …" registered at the port of ... under the official number M-27498, of the burthen of 10,657 tons (gross register) or thereabouts, now lying in the Port of Quebec.

The Master declared to have sailed with and in command of the said ship the m/v "…" from the port of Quebec on the sixteenth day of November, (1999) аt about 00.30 hours, the said ship being loaded with a cargo of grain in bulk, 12,839 metric tons, bound for the port of Havana, Cuba.

That at 09.51 the same day, November sixteenth, while the ship was in position: Latitude 48 degrees, 28.16 minutes North, Longitude 69 degrees, 04.2 minutes West the Spanish ship "M ..." struck the starboard side of the m/v "…" in way of hold No. 2, slid along the side of the vessel to the accommodation in way of the bridge where she made a deep indentation. The vessels then parted. The m/v " ..." stood by for about one hour and then returned to Quebec where she arrived at about 03.00 hours the next morning, November seventeenth.

The said Master, declaring damage to his ship and fearing damage to cargo, gives notice of his intention of protesting and causes this minute of all and singular premises to be recorded in the office of the undersigned Notary, and enters his Note of Protest accordingly, reserving to himself the right to extend the same at time and place convenient.

THUS DONE AND EXECUTED at the said city of Quebec, on the day, month and year first above written, these presents recorded in the office of the undersigned Notary under the Number three thousand and fourteen.

IN TESTIMONY WHEREOF the said Appearer has signed these presents with me, the said Notary, after due reading hereof.

(SIGNED) G ..., MASTER

STENLY RIGHT, NOTARY

A true copy of the original remaining on record in my office.