Whether an instrument of intimation is necessary, that a ship lies waiting freight?
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Charles Charters having fraughted a ship to Queensburgh, by charter party, the Skipper was to lie so many lie days, and to bring a fraught thence. He returned without full fraught, whereupon Charles refuses full payment; and being decerned by the Bailies of Leith to pay the rest, he suspends, on this reason, that the Skipper ought to get the fraught only proportionally to the loading, and offers to prove the third part less than the full loading brought home, and that the skipper could not have his full fraught, unless he instruct that he intimated to the factor at Queensburgh, to whom he was directed, of his coming, and that he lay his lie days; and after intimation to the factor, to give him any ware he had, he took instrument, or protested thereon.
The Lords found, he ought to prove the intimation, ut supra, by witnesses, but required no protest, or instrument thereon.
