then the payment of the said twelve hundred and twenty pounds shall not be demanded, or be recoverable by the said C. D. his executors, administrators, or assigns, but shall cease and determine, and the loss thereby be wholly borne and sustained by the said C. D. his executors, and administrators, and that then and from thenceforth every act, matter, and thing herein mentioned on the part and behalf of the said A. B. shall be void, any thing herein contained to the contrary notwithstanding. IN WITNESS whereof the parties have interchangeably set their hands and seals to four bonds of this tenor and date, one of which being paid, the others to be null and void. THE FORM OF A RESPONDENTIA BOND ON KNOW NOW ALL MEN by these presents, that we, James Peter Fearon, commander of the ship Belvidere, in the service of the honourable East-India Company, and Peter Douglas of Fitzroysquare, are held and firmly bound to Hans Busk of New Broadstreet, London, merchant, in the sum or penalty of fifteen hundred pounds of good and lawful money of Great-Britain, to be paid to the said Hans Busk, or to his certain attorney, executors, administrators, or assigns; to which payment well and truly to be made, we bind ourselves, jointly and separately, our heirs, executors, and administrators, firmly by these presents. Sealed with our seals, dated this fourth day of May, in the forty-first year of the reign of our Sovereign Lord George the Third, by the grace of God, of the united kingdom of Great Britain and Ireland King, defender of the faith, and in the year of our Lord one thousand eight hundred and one. WHEREAS the above-named Hans Busk has, on the day of the date above-written, advanced and lent unto the said James Peter Fearon and Peter Douglas, the sum of seven hundred and fifty pounds, upon the goods and merchandizes and effects laden and to be laden on board the good ship or vessel called tire Belvidere, of the burthen of 987 tons or thereabouts, now riding at anchor in the river of Thames, outward-bound to China, and whereof James Peter Fearon is commander, by his acceptance of a bill of exchange to that amount at four months date for the account of them the said James Peter Fearon and Peter Doug→ las: NOW THE CONDITION of this obligation is such, that if the said ship or vessel do and shall with all convenient speed proceed and sail from and out of the said river of Thames on a voyage to any port or place, ports or places in the East Indies, China, Persia, or elsewhere beyond the Cape of Good Hope, and from thence do and shall sail, return, and come back into the said river of Thames at or before the end and expiration of thirty-six calendar months, to be accounted from the day of the date above written, and there to end her said intended voyage (the dangers and casualties of the seas excepted); and if the said James Peter Fearon and Peter Douglas, or either of them, their or either of their heirs, executors, or administrators, do and shall, within thirty days next after the said ship or vessel shall be arrived at her moorings in the said river of Thames from her said intended voyage, or at or upon the end and expiration of the said thirty-six calendar months, to be accounted as aforesaid (which of the said times shall first and next happen), well and truly pay or cause to be paid unto the said Hans Busk, his executors, administrators, or assigns, the full sum of one thousand and twenty pounds of lawful money of Great Britain, together with thirteen pounds ten shillings of like money per calendar month for each and every calendar month, and so proportionably for a greater or lesser time than a calendar month, for alt such time and so many calendar months as shall be elapsed and run out of the said thirty-six calendar months over and above twenty calendar months, to be accounted from the day of the date above written, or if in the said voyage, and within the said thirty-six calendar months to be accounted as aforesaid, an utter loss of the said ship or vessel by fire, enemies, men of war, or any other casualties shall unavoidably happen, and the said James Peter Fearon and Peter Douglas, their heirs, executors, or administrators, do and shall within six calendar months next after such loss, well and truly account for (upon oath if required) and pay unto the said Hans Busk, his executors, administrators, or assigns, a just and proportionable average on all the goods and effects of the said James Peter Fearon carried from England 4 on board the said ship or vessel, and the net proceeds thereof, and on all other goods and effects which the said James Peter Fearon shall acquire during the said voyage for or by reason of such goods, merchandizes, and effects, and which shall not be unavoidably lost, then the above written obligation to be void and of none effect, else to stand in full force and virtue. No. IV. THE FORM OF AN INSTRUMENT OF HYPOTHECATION OF SHIP AND CARGO. KNOW NOW all to whom this instrument of bond and bill of maritime risk and bottomry may come, that in the year from the birth of our Lord Jesus Christ, 1801, on the 31st day of the month of January, in the city of Lisbon, in my office personally appeared Jacomo Mazzola, captain of the Imperial ship called the Gratitudine, whom I know to be the real person; and he declared to me the notary in the presence of the witnesses hereinafter mentioned, that within twenty-four hours after the arrival of his said ship at London, or any other port, and previous to beginning to make any delivery of the cargo at the port aforesaid, or any other port, that he the captain or whomsoever may act in lieu of him, or in case of his absence, or perform the duties of his said quality, shall or will pay by this bill of risk, sea exchange, and bottomry, to Francis Manoel Calvert, professed in the order of Christ, or to his order, the sum of L.5273 12s. sterling, principal and premium of risk and sea exchange, at the rate of 16 per cent. the which principal he acknowledged to have received here of the said Francis Manoel Calvert, in the good current money of this kingdom, under the denomination of true and legitimate money of sea exchange and bottomry, on the hull, keel, and appurtenances of the aforesaid ship, and therewith to supply the wants of the repairs, caulking, and of the cargo of the same, on which he had effectively invested it; the said Calvert taking upon himself, and in consideration of the aforesaid premium of 10 per cent, voluntarily agreed for and settled between them, to run the sea risk on the said hull, keel, and appurtenances, and cargo of the said ship, in her ensuing voyage, which the said captain is about prosecuting from this port of Lisbon to that of London these being the risks which the aforesaid Francis Manoel Calvert takes on himself, and is to run, such as of the sea, winds, fire, stranding, and ship wreck, enemies, and false friends, detentions of princes, and reprizals, during the whole of the said voyage, excepting nevertheless those of barratry of the master, and of average as well particular as general, the which are expressly excluded; the which risk shall commence to run from the hour the ship shall heave her first anchor to set sail from this port to that of London, and shall cease in twenty-four hours after having come to an anchor and for the ready payment of the aforesaid sum, he the captain binds himself, and his effects in general, dues and funds, both in actual possession and future, and by special mortgage the cargo, freights due, or that may become due; and in case of failure of the prompt payment in due time, he binds himself under this clause of mortgage to pay to him or his order, for all the delay until full payment, at and after the rate of six per cent, per annum; and there being also present Andrew Belucci, mate of the said ship, by whom it was declared, that in case of the absence of the aforesaid captain, he bound himself to fulfil the contents of this bond they thus executed and accepted, after these presents being read to them, and I the notary in the name of whomsoever it may concern being absent; to all which were witnesses present, Joao Pedro Roeks, who also acted as interpreter as well for the captain as for the mate, he being there vice-consul, and Manoel Eugenio Coetho, who together with the parties signed thereto. J. Joge de Almeida Rorig the notary wrote it: Jacomo Mazzola, Andrew Bellucci, Joao Pedro Rocks, Manoel Eugenio Coetho; and J. Joge de Almeida Rorig, notary public of notes in the city of Lisbon and its district of his Royal Highness the Prince Regent our lord, whom God preserve, caused this instrument to be transcribed from my book of notes, to which I refer myself, and have subscribed it, and signed it in public form. T is hereby agreed between the master, seamen, ners of the ship now bound for the pr the master or commander of the said ship, THAT in consideration of the monthly or other wag each respective seaman or mariner's name here severally shall and will perform the above-mentioned and the said master doth hereby agree with and bead seamen and mariners for the said voyage at such m to be paid pursuant to the laws of Great Britain; the said seamen and mariners do hereby promise and ob selves to do their duty, and obey the lawful command officers on board the said ship or boats thereunto belegg become good and faithful seamen and mariners, and atas where the said ship shall put in or anchor during the voyage, to do their best endeavours for the preservata said ship and cargo, and not to neglect or refuse doing they other vessel, or be on shore under any pretence whatsoever, by day or night; nor shall go out of the said ship on body the voyage is ended and the ship discharged of her cargo, wte Commanding leave first obtained of the master, captain, or officer on board; and in default thereof they freely agree liable to the penalties mentioned in the Act of Parliament, in the second year of the reign of King George the Second, m tituled, An Act for the better Regulation and Government of S men in the Merchants' Service; and the Act made in the ty seventh year of His present Majesty's reign; intituled, Andet for preventing the Desertion of Seamen from British Merch Ships trading to His Majesty's Colonies and Plantations the West Indies: And it is further agreed by the parties to these presents, that twenty-four hours absence, without leave, shall be deemed a total desertion, and render such seamen and maActs above recited; that each and every lawful command which the said master shall think necessary to issue for the efto the forfeitures and penalties contained in the fectual government of the said vessel, suppressing immorality riners liable t |