Imágenes de páginas
PDF
EPUB

and vice of all kinds, be strictly complied with under the penalty of the person or persons disobeying forfeiting his or their whole wages or hire, together with every thing belonging to him or them on board the said vessel: And it is further agreed, That no officer or seamen, or person belonging to the said ship, shall demand or be entitled to his wages, or any part thereof, until the arrival of the said ship at the above-mentioned port of discharge, and her cargo delivered, nor less than twenty days in case the seaman is not employed in the delivery: And it is hereby further agreed between the master and officers of the said ship, That whatever apparel, furniture and stores, each of them may receive into their charge, belonging to the said ship, shall be accounted for on her return; and in case any thing shall be lost or damaged through their carelessness or insufficiency, it shall be made good by such officer or seaman by whose means it may happen to the master and owner of the said ship: And whereas it is customary for the officers and seamen on the ship's return home in the river, and during the time their cargoes are delivering, to go on shore each night to sleep, greatly to the prejudice of such ship and freighters; be it further agreed by the said parties, That neither officer nor seaman shall, on any pretence whatsoever, be entitled to such indulgence, but shall do their duty by day in discharge of the cargo, and keep such watch by night as the master cr commander of the said ship shall think necessary, in order for the preservation of the above: And whereas it often happens that part of the cargo is embezzled after being delivered into lighters, and as such losses are made good by the owners of the ships; be it therefore agreed by these presents, That whatever officer or seaman the master shall think proper to appoint, shall take charge of the cargo in the lighters, and go with the same to the lawful quay, and there deliver his charge to the ship's husband, or his representative, or see the same safely weighed at the King's beam, and in consequence of their true fidelity, such officer or seaman shall be entitled to two shillings and sixpence each lighter, exclusive of their monthly pay; and should it so happen that lighters are detained a considerable time at the quay before they can be unloaded, such officer and seaman so appointed shall in that case be entitled to two shillings and sixpence for every twenty-four hours, exclusive of their said monthly pay; that each seaman and mariner who shall well and truly perform the abovementioned voyage (provided always that there be no plunderage, embezzlement, or other unlawful acts committed on the said vessel's cargo or stores) shall be entitled to their

wages or hire that may become due to him, pursuant to this agreement; that for the due performance of each and every the abovementioned articles and agreements, and acknowledgment of their being voluntary and without compulsion, or any other clandestine means being used, the said parties have hereto subscribed their names, the day and month set opposite to their respective names.

[blocks in formation]

ON which day Bogg exhibited as proctor, and made himself

a party for George Goodwin Hope, master of the said ship Mary Ann, and produced for sureties Josiah Culmer of Wapping HighStreet, mathematical instrument maker, and James Powell of the same place, undertaker, who, submitting themselves to the jurisdiction of this Court, bound themselves, their heirs, executors and administrators for the said George Goodwin Hope, in the sum of six hundred and eighty-four pounds of lawful money of Great Britain, being double the appraised value of two eighth parts of the said ship, unto William Fennings of Rood-Lane, Fenchurchstreet, London, merchant, and Philip Fennings of Harwich, in the county of Essex, owners of the said two eighth parts or shares of the said ship, for the return of the said ship, to the amount of the shares of the said William Fennings and Philip Fennings; and unlesss they shall so do, they do hereby severally consent that

execution shall issue forth against them, their heirs, executors and administrators, goods and chattels, wheresoever the same shall be found, to the value of the sum aforementioned; which caution the said surrogate received on the report of John Crick'ett, marshal of this Court, as to the sufficiency of the said sureties, and, at the petition of Bogg, decreed the said ship to be released from the arrest.

Present.

BEDFORD.

THIS

No. VII.

FORM OF A CHARTER PARTY.

HIS CHARTER PARTY of affreightment, indented, made and fully concluded upon, this

day of

in the year of our between owner

tons, or thereabouts, now

LORD one thousand eight hundred and of the good of the burthen of lying in the harbor of whereof is at present master, on the one part, and on the other part, WITNESSETH, that the said for the consideration hereafter mentioned, ha letten to freight the aforesaid with the appurtenances to her belonging, for a voyage to be made by the said

in and

where she is to be discharged (the danger of the seas excepted :) And the said do by these presents covenant and agree with the said in manner following, that is to say, that the said during the voyage aforesaid, shall be tight, staunch and strong, and sufficiently tackled and appareled with all things necessary for such a vessel and voyage: and that it shall and may be lawful for the said agents or factors, as well at as at load and put on board the said

to

loading of such goods and merchandize as they shall think proper, contraband goods excepted.

IN consideration whereof, the said

and

do by these presents agree with the said well and truly to pay, or cause to be paid, unto in full for the freight or hire of the said appurtenances, the sum of and so in proportion for a less time, as the said shall be continued in the aforesaid service, in days after her return to or in days after the said voyage shall be otherwise, in any manner whatsoever, determined and notice thereof to the said . And the said agree to pay the charge of victualling and manning said. port charges and pilotage during said voyage, and to de

do

and

liver said on her return to order.

to the owner aforesaid or

And to the true and faithful performance of all and singu lar the covenants, payments and agreements aforementioned, each of the parties aforenamed binds and obliges himself, his executors and administrators in the penal sum of dollars, firmly by these presents. In witness whereof, the parties, aforesaid have hereunto interchangeably set their hands and seals, the day and year above written.

Signed, sealed and delivered,

in presence of us,

}

No. VIII.

FORM OF A SHIPPING PAPER.

IT IS AGREED, between the master and seamen or mari

ners of the

for

master, now bound from the port of THAT in consideration of the monthly, or other wages, against each respective seaman or mariner's name hereunder set, they severally shall and will perform the above mentioned voyage; and the said master doth hereby agree with, and hire the said seamen or mariners for the said voyage, at such monthly wages or prices, to be paid pursuant to this agreement, and the laws of the Congress of the United States of America, and the custom and usage of the port of And they, the said seamen or mariners, do hereby promise and oblige themselves, to do their duty, and obey the lawful commands of their officers on board of the said vessel, or on board the boats thereunto belonging, as becomes good and faithful seamen or mariners; and at all places where the said vessel shall put in, or anchor at, during the said voyage, to do their best endeavours for the preservation of the said vessel and her cargo, and not to neglect or refuse doing their duty, by day or night, nor shall go out of the said vessel, on board any other vessel, or on shore, under any pretence whatsoever, without leave first obtained from the captain or commanding officer on board. That in default thereof, they will be liable to the penalties mentioned in the act of Congress, for the government and regulation of seamen in the merchants' service, in which it is enacted, “That if any seaman or mariner shall absent himself from on board the ship or vessel, without leave of the master, or officer commanding on board; and the mate, or other officer having charge of

[ocr errors]

the log-book, shall make entry therein, of the name of such seaman or mariner, on the day on which he shall so absent himself; and if such seaman or mariner shall return to his duty within forty-eight hours, such seaman or mariner shall forfeit three days' pay for every day which he shall so absent himself, to be deducted out of his wages; but if any seaman or mariner shall absent himself for more than forty-eight hours at one time, he shall forfeit all the wages due to him, and all his goods and chattels which were on board the said ship or vessel, or in any store where they may have been lodged at the time of his desertion, to the use of the owners of the ship or vessel; and moreover shall be liable to pay to him or them, all damages which he or they may sustain, by being obliged to hire other seamen or mariners in his or their place. And it is further agreed, by both parties, that each and every lawful command which the said master shall think necessary hereafter to issue, for the effectual government of the said vessel, suppressing immorality and vice of all kinds, be strictly complied with, under the penalty of the person or persons disobeying, forfeiting his or their whole wages, or hire, together with every thing belonging to him or them, on board said vessel. And it is further agreed, That no officer or seaman belonging to the said vessel, shall demand, or be entitled to his wages, or any part thereof, until the arrival of the said vessel at the port of her discharge, and her cargo delivered.

And it is further agreed, between the master and officers of the said vessel, that whatever apparel, furniture and stores, each of them may receive into their charge, belonging to said vessel, shall be accounted for on her return; and in case any thing shall be lost or damaged, through their carelessness or insufficiency, it shall be made good, by such officer or seaman by whose means it may happen, to the master and owners of the said vessel. And whereas it is customary for the officers and seamen, on the vessel's return home, in the harbor, and whilst her cargo is delivering, to go on shore each night to sleep, greatly to the prejudice of such vessel and freighters: Be it further agreed, by the said parties, that neither officer or seaman, shall, on any pretence whatsoever, be entitled to such indul. gence, but shall do their duty by day in discharge of her cargo, and keep such watch by night, as the master shall think proper to order, for the preservation of the same. And whereas it often happens, that part of the cargo is embezzled, after being safely delivered into lighters; and as such losses are made good by the owners of the vessel-Be it therefore agreed, by these presents, that whatever officer or seaman, the master

« AnteriorContinuar »