AGREEMENTS.

Freight.

No. XXXVI.

*An Agreement for Freight between a Master of a Ship or Vessel and a Merchant for the whole tonnage; and to execute a Charter-Party (1).

Variations where the Agreement is for the part only of the ship's

tonnage.

WITNESS.

The master

ARTICLES of agreement entered into the

, in

day of
if so, between A. B.
(master)] of, &c.,
of the one part,

,

[or so

the year 18. BETWEEN (the master) [or as and for, and on the part and behalf of master of the ship or vessel, called the and (merchant) of, &c., of the other part. WHEREAS the said (master) hath agreed to let to freight, and the said (merchant) hath agreed to hire the said ship or vessel called the many tons of the said ship or vessel, &c.] of the burthen of tons, or thereabouts, upon the terms hereinafter mentioned. Now WITNESS THESE PRESENTS, that the said (master), for the consiagrees to let to deration hereafter mentioned, hath granted and letten to freight, and freight. hereby doth grant and let to freight the said ship or vessel called is commander) unto the said (merchant) the lading of tons of such goods, wares and merchandizes (contraband only excepted) as the said (merchant), his executors, administrators, factors or assigns shall think fit, (being the whole [or part] of the said ship's tonnage) at the sum of £ per ton for freight; the said goods to be laden on board the said ship or vessel, within days next after the date hereof [or next after the said ship or vessel shall be capable to stow or lay in the same there] whither the said ship is now bound, and to sail from thence directly to the port of , to discharge and end her said intended voyage; and he the said (master) shall and will pay all tonnage duty payable in respect thereof (2). And also shall and will

Convoy.
Tonnage.

at

(whereof

(1) If the ship is to sail with convoy, see post. No. xxxvii. (2) The propriety of making the master covenant to pay the tonnage duty, arises from the 42 Geo. 3. c. 43. empowering the commissioners of customs to order a sale of the ship and cargo for payment, if not paid within a given time.

within the space
of
from the date hereof, execute in due
form of law, a charter party (if the freight be of the whole ship, or
bill of lading, if of a part only) to the said (merchant) for perform-
ing the said voyage according to the true intent and meaning of these
presents. AND shall and will well and truly keep, observe and perform
all lawful port regulations, at
and elsewhere, until full per-
formance of the said contract on the part of him the said (master)(1).
And in consideration of the premises, the said (merchant) for him-
self, his executors and administrators, doth covenant, promise and
agree with and to the said (master), his executors, administrators
and assigns, by these presents, that he the said (merchant), his ex-
ecutors, administrators, factors or assigns, shall or will lade or cause
to be laden on board the said ship, at
aforesaid, the said

tons as aforesaid, and within the time aforesaid, well and truly
pay or cause to be paid unto the said (master), his executors, admi-
nistrators or assigns, at
aforesaid, freight for each several
of lawful and current money of

tons thereof the sum of £
Great Britain (whether laden or not laden) at the times and in the
manner following (that is to say) one moiety or half part thereof,
within
days next, after &c. &c. (as may be agreed) together
with average (2) and primage as is accustomed. And &c. (penal
clause may be added) (3). IN WITNESS, &c.

AGREEMENTS.

Freight.

The merchant

covenants to pay

freight, &c.

(1) By the 54 Geo. 3. c. 159. and other statutes, the commissioners of To observe the the Admiralty, or harbour masters, have authority to make such regula- port regulations. tions as they may deem expedient, relative to the mooring, anchoring and placing of merchant and other vessels in harbours, &c., in order to their more convenient ingress, &c.; and as some of the penalties incurred by a disregard to these orders are payable by the owners, it is proper that they should be protected by a covenant of this kind, on the part of their employer the master.

(2) The master of a vessel is liable for the weighage duty, although he Weighage. has no property in it; which makes the covenant proper for his indemnification. See Yarmouth v. Eaton, 3 Bur. 1402.

(3) See ante, pp. 65. 70.

AGREEMENTS.

Freight.

No. XXXVII.

*An Agreement for Freight between the Master of a Vessel and several Merchants for the whole ship's tonnage.

Variations where the ship is to sail with convoy.

WITNESS. Master agrees to let ship to hire.

Convoy.

ARTICLES of agreement entered into the

the

year 18 BETWEEN (the master) of, &c., master of the ship

or vessel called the

thereabouts, now at
of the one part, and the several other
persons who have signed and sealed these presents, merchants, of
of the other part. WHEREAS the said (merchants), par-
ties hereto, have agreed to hire of the said (master), the aforesaid
ship or vessel (whereof is commander) for loading at freight, to
proceed from
to (1). NOW THESE PRESENTS WITNESS, that
the said (master) hath agreed, and hereby doth covenant and agree
with the said several merchants, parties hereto, that the ship or vessel
above named, shall sail with the first fair wind [or with the first
convoy] (2) from
and then take in the several quantities
or other goods, wares and merchandizes, for which the
said merchants respectively have subscribed, or so shall subscribe with
their names here underwritten, within

of

days from the date

hereof [or if with convoy, within the time of the convoy's stay there] and return with the said convoy to the river

(or as the case

may be) and deliver and end her voyage there, at the rate of
per ton, for (the kind of goods, &c.)
goods and merchandizes, accounting the
with average and primage as accustomed.

(1) And see ante, p. 146.

per ton for all other tonnage thereof as usual AND in consideration of

(2) This and the subsequent parts of the precedent, relative to the ship's sailing with convoy, is of course necessary only where hostilities have commenced or are apprehended, with some other country; and where they have actually commenced, it is always for the protection of the commerce of the country, made the subject of legislative provisions (see the act 43 Geo. 3. c. 57); but it is often made a stipulation between the parties themselves. See Cohen v. Hinckley, 1 Taunt. 253.

AGREEMENTS.

Freight.

the premises they the said (merchants) and (master) do hereby jointly and severally covenant, promise and agree with the said (master), his executors, &c., to pay, &c. (covenant to pay the Covenant to freight) (1) and also seal and execute one part of the said charter pay, &c. party granted to him the said (master). IN WITNESS, &c.

(1) See ante, p. 147.

AGREEMENTS.

Freight.

No. XXXVIII.

*An Agreement for Freight (1) between a Merchant having a Charter-party, or Bill of lading for a certain number of tons, and one who takes on hire a part of the same number.

ARTICLES of agreement entered into this

.

day of

in the year 18 Between (one merchant) of, &c., merchant of the one part, and (another merchant) of, &c., merchant of the other part. WHEREAS (master of the vessel) master of the ship or vessel called

the

of the burthen of

tons, or thereabouts, and about to

day of

undertake a voyage to
and thence to
charter-party [or bill of lading] dated the
said (first party)
tons of the said

intended voyage, to be laden with

hath, by

let unto the ship's tonnage for her said within such time, and in

such manner as in the said charter-party [or bill of lading] is men-
tioned, at the price of per ton, for freight, primage, and average,

as accustomed, as by relation being thereunto had will appear. And
whereas the said (second party) has agreed with the said (first party)
to take a part of the said tonnage at the same rate: Now THESE
PRESENTS WITNESS, that the said (first party) doth hereby agree to
let unto the said (second party), his executors, administrators, and
assigns, tons of the said tons, so to him the said (first party)
letten by the said recited charter-party [or bill of lading] as aforesaid,
to be laden with by the said (second party) within the time, in
the
manner, and at the rate per ton for freight which the said (first
party) is, by the said charter-party, obliged to load and pay. AND
the said (second party) in consideration of the premises, doth hereby
for himself, his executors and administrators, covenant and agree
with the said (first party), his executors, administrators, and assigns,
that he the said (second party), his executors, administrators, fac-
tors, or assigns, shall and will, at aforesaid, lade and ship the

said

tons of

the same at

on board the said ship or vessel, and unlade aforesaid, within the respective times limited and

appointed by the said charter-party [or bill of lading], and pay the

(1) See the notes to the last precedent.