same provisoes (e), unless they are founded on a contract under seal; if they are founded on such a contract, the statutable limitation does not apply to them; but after a lapse of twenty years the claim will be presumed to have been satisfied without any proof of payment. In suits in the Courts of Common Law, the form of action depends upon the nature of the contract: if the contract be under seal, and delivered as a deed, an action of debt or covenant must be brought; if it be not under seal or not so delivered, an action of debt or of assumpsit (ƒ). And in order to enable the plaintiff to frame his declaration correctly, a Judge of the Court will order the defendant to shew the articles to the attorney for the plaintiff, and, if necessary, to give him a copy of them. The course of pleading to be adopted by the defendant depends upon the form of the plaintiff's declaration, according to the general rules and distinctions respecting actions of debt, covenant and assumpsit, of which the consideration does not properly belong to a treatise on a single branch of the law. (e) 21 Jas. 1. c. 16. s. 3. & 7. and 4 Ann. c. 16. s. 19. (f) Clement v. Gunhouse, cited before part 4. ch. 1. sect. 1. p. 415 contribute in damages. But in other cases they may be admitted as witnesses. Per Judge Peters in Thompson v. Ship Philadelphia, 1 Peters. Adm. Rep. 210. But in case of a revolt they were admitted by Judge Davis in v. Ship Eliza, cited ante p. 457. note. And in case of an alleged embezzle, ment, the Supreme Court of New-York, held that as they were not directly interested in the event of the suit, they were competent witnesses. Hoyt v. Wildfire, 3 John. Rep. 518. THE END. APPENDIX. No. I. FORM OF A BOTTOMRY BOND. KNOW NOW ALL MEN by these presents, that I, A. B, commander and two-thirds owner of the ship Exeter, for my self, and C. D. remaining third-owner of the said ship, am held and firmly bound unto E. F. in the penal sum of two thousand pounds sterling, for the payment of which well and truly to be made unto the said E. F. his heirs, executors, administra tors, or assigns, I hereby bind myself, my heirs, executors and administrators, firmly by these presents. In witness whereof I have hereunto set my hand and seal, this 14th day of December, in the year of our Lord 1796.. WHEREAS the above bound A. B. hath taken up and received of the said E. F. the full and just sum of one thousand pounds sterling, which sum is to run at respondentia on the block and freight of the ship Exeter, whereof the said A. B. is now master, from the port or road of Bombay on a voyage to the port of London, having permission to touch, stay at, and proceed to all ports and places within the limits of the voyage, at the rate or premium of twenty-five per cent. (25 per cent.) for the voyage. In consideration whereof usual risks of the seas, rivers, enemies, fires, pirates, &c. are to be on account of the said E. F. And for the further security of the said E. F. the said A. B. doth by these presents mortgage and assign over to the said E. F. his heirs, executors, administrators, and assigns, the said ship Exeter, and her freight, together with all her tackle, apparel, &c. And it is hereby declared that the said ship Exeter and her freight is thus assigned over for the security of the respondentia taken up by the said A. B. and shall be delivered to no other use or purpose whatever, until payment of this bond is first made, with the premium that may become due thereon. NOW THE CONDITION of this obligation is such, that if the above bound A. B. his heirs, executors, or administra tors, shall and do well and truly pay, or cause to be paid unto the said E. F, or to his attornies in London legally authorized to receive the same, their executors, administrators, or assigns, the full and just sum of L. 1000. sterling, being the principal of this bond, together with the premium which shall become due thereupon, at or before the expiration of ninety days after the safe arrival of the said ship Exeter at her moorings in the river Thames, or in case of the loss of the said ship Exeter, such an average as by custom shall have become due on the salvage, then this obligation to be void and of no effect, otherwise to remain in full force and virtue. Having signed to three bonds of the same tenor and date, the one of which being accomplished, the other two to be void and of no effect: A. B. for self and C. D.* Signed, sealed, and delivered, where no stamped paper is to be had. } (L. S.). G. H. I. K. *In this bond the occasion of borrowing the money is not expressed, but the money was in reality borrowed to refit the ship, which being on a voyage from Bengal to London was obliged to put back to Bombay to repair. See The EXETER, Whitford, 1 Rob. A. R. 176. The occasion therefore of borrowing the money gave the lender the security of the entire interest of the, ship. But this bond, although expressed to be executed by the master for himself and the other partowner, would not bind the other part-owner personally, unless he had by a previous deed authorized the master to execute such a bond for him. See part 3. ch. 1. sect. 2. No. II. FORM OF A BOTTOMRY BILL. TO ALL MEN TO WHOM THESE PRESENTS SHALL COME. I. A. B. of Bengal, mariner, part-owner and master of the ship called the Exeter, of the burthen of five hundred tons and upwards, now riding at anchor in TableBay at the Cape of Good Hope, send greeting: WHEREAS I, the said A. B. part-owner and master of the aforesaid ship called the Exeter, now in prosecution of a voyage from Bengal to the port of London, having put into Table-Bay for the purpose of procuring provision and other supplies necessary for the continuation and performance of the voyage aforesaid, am at this time necessitated to take up upon the adventure of the said ship called the Exeter, the sum of one thousand pounds sterling monies of Great Britain, for setting the said ship to sea, and furnishing her with provisions and necessaries for the said voyage, which sum C. D. of the Cape of Good Hope, master attendant, hath at my request lent unto me, and supplied me with at the rate of twelve hundred and twenty pounds sterling for the said one thousand pounds, being at the rate of one hundred and twenty-two pounds for every hundred pounds advanced as aforesaid, during the voyage of the said ship from Table Bay to London. NOW KNOW YE, that I, the said A. B. by these presents, do, for me, my executors, and administrators, covenant and grant to and with the said C D. that the said ship shall, with the first convoy that shall offer for England after the date of these presents, sail and depart for the port of London, there to finish the voyage aforesaid. And I, the said A. B. in consideration of the sum of one thousand pounds sterling to me in hand paid by the said C. D. at and before the sealing and delivery of these presents, do hereby bind myself, my heirs, executors and administrators, my goods and chattels, and particularly the said ship, the tackle and apparel of the same, and also the freight of the said ship which is or shall become due for the aforesaid voyage from Bengal to the port of London, to pay unto the said C. D. his executors, administrators, or assigns, the sum of twelve hundred and twenty pounds of lawful British money, within thirty days next after the safe arrival of the said ship at the port of London from the same intended voyage. AND I, the said A. B. do, for me, my executors, and administrators, covenant and grant to and with the said C. D. his executors and administrators, by these presents, that I, the said A. B. at the time of sealing and delivering of these presents, am a true and lawful part-owner and master of the said ship, and have power and authority to charge and engage the said ship with her freight as aforesaid, and that the said ship, with her freight, shall at all times after the said voyage, be liable and chargeable for the payment of the said twelve hundred and twenty pounds, according to the true intent and meaning of these. presents. AND lastly, it is hereby declared and agreed by and between the said parties to these presents, that in case the said ship shall be lost, miscarry, or be cast away before her arrival at the said port of London from the said intended voyage, that |