AGREEMENTS.

Build.

of

No. XV.

*An Agreement for Building a Merchant Ship or Vessel. Variations where it is for repairing a ship.

ARTICLES of Agreement indented and made the

day

day of

in the year 18 BETWEEN (a ship-builder) of &c. ship-builder, of the one part, and (merchant) of &c., merchant, of the other part. Whereas (1) the said (builder) hath proposed and agreed to build for the said (merchant) the hull or body of a ship, or vessel, of the dimensions hereinafter mentioned, and to complete the same, in a workman-like manner, on or before the NOW THEREnow next ensuing, for the price or sum of £ FORE WITNESS THESE PRESENTS, that in pursuance of the said agree ment he the said (builder) doth hereby, for himself, his heirs, executors, and administrators, covenant, promise, and agree with, and to the said (merchant), his executors, administrators, and assigns, that he the said (builder) shall and will construct, build, and complete, for him the said (merchant), his executors, administrators, or assigns, the hull of a ship, or vessel, of the descriptions and dimensions, and in the manner particularly mentioned and set forth in the schedule, inventory, or specification hereunder written or hereunto annexed; and when so constructed and finished the same shall, on or before the said day of be launched at or in the harbour of

and from thence be brought and safely moored at AND THESE PRESENTS FURTHER WITNESS; that in consideration of the covenants and agreements hereinbefore contained by and on the part of the said (builder), he the said (merchant) doth hereby, for himself, his heirs, executors, and administrators, covenant, promise and agree, with and to the said (builder), his executors, administrators, and assigns, that he the said (merchant), his executors or ad

(1) If the agreement be for the repair only of a ship, recite, Whereas the ship or vessel called the belonging to the said (merchant), has been much damaged, and is greatly out of repair and condition. And the said (builder) has agreed completely to repair the same within calendar months for the sum of £

Now, &c. (as above.)

AGREEMENTS.

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Merchant to make customary allowances to workmen.

Ship to be a se

curity against

claims upon merchant.

the

Builder will as sign ship to mer

chant on its being completed

and moored in

Further sum to

ed.

ministrators shall and will well and truly pay or cause to be paid,
unto the said (builder), his executors, administrators, or assigns, the
sum of £
of lawful current money of Great Britain,

at the time and in the manner following, viz. the sum of £
part thereof upon laying the harpins of the said vessel; the further
sum of £
other part thereof, upon laying the deck; and

the further sum of £
the said sum of £

being the residue, and in full of , upon the said vessel being safely moored aforesaid. And the said (mer

at or in the harbour of
chunt) doth also hereby agree to provide for the carpenters employ-
ed in the building of the said hull, during such time as they shall be
so employed, such allowances of bread, cheese, and ale, as are usual
in such cases. Provided always, and it is also hereby further agreed
by and between the said parties hereto, and particularly by the said
(builder), that the hull of the said vessel, so to be built as aforesaid,
shall from time to time, during the building thereof, and afterwards
until the same shall be so moored in safety as aforesaid (and be as-
signed to the said (merchant), his executors or administrators, as
hereinafter is mentioned), shall stand chargeable and charged with,
and be a security to him and them for such sum and sums of money,
as he or they shall in the mean time have advanced or paid to the
said (builder), his executors, administrators, or assigns, under or in
pursuance of these presents; to the intent that the said (merchant),
his executors, administrators, and assigns, shall and may thereby be
protected from or indemnified against being liable or subject to the
debts, contracts, or engagements, or otherwise affected by any act of
the said (builder), his executors or administrators. And the said
(builder) doth hereby lastly agree and declare, that he the said
(builder), his executors or administrators, shall and will, immediately
after the said hull shall be so moored in safety in the harbour of
as aforesaid upon request, and at the costs and charges
of the said (merchant), his executors or administrators, assign the
same, free from all incumbrances by him or them made or occasioned
unto him the said (merchant), his executors, administrators, or assigns,

be paid if award- in such manner as is usual or may be proper in like cases. Pro-
vided always, and it is hereby further declared and agreed by and
between the parties hereto, that in case the said (builder), his exe-
cutors or administrators, shall think himself or themselves en-
titled to, and shall claim any further or other sum or sums beyond
or in addition to the said sum of £
so agreed to be
paid for building the said ship as aforesaid, in order to complete
the price of the said hull, the same shall within

days from

the time of mooring the said vessel in

harbour,

as aforesaid, be referred to the judgement and decision of

of &c., and in case of his decease, or he shall refuse to undertake such determination, then to two indifferent persons, the one to be nominated by the said (builder), his executors or administrators, and the other, by the said (merchant), his executors or administrators, who, or a referee to be by them named as umpire, shall, within fifteen days from the time aforesaid, make or give his or their award or decision thereon. And the said (merchant), his executors or administrators, shall and will, within the space of days next thereafter, pay to the said (builder), his executors, administrators, or assigns, such sum or sums of money as shall be so awarded or adjudged. AND (a general clause of reference may be added, for the determination of differences (1) and a penal clause may also be inserted here (2)). IN WITNESS, &c.

AGREEMENTS,

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SCHEDULE, OR SPECIFICATION

ABOVE REFERRED TO.

The hull of the said ship or vessel referred to in the above agreement shall be in length within the posts feet, the rake abaft suitable; the harpins to and

feet, the rake afore be at

feet forward aft. The hull at the dead flat to be in breadth feet, the birth thereof from the top of the ceiling to the top of the covering board; the square of the floor to be on the keel and

inches inches at the sirmark; the timbers to inches at the top

be

inches square at the binds and timber heads; the transom to be

feet long, the post

inches

feet broad, the plank from the keel to the binds to be

thick, except five strokes on each side, or three on the bilge and two under the binds, which are to be inch plank; the hull to have three binds, each ten inches deep and seven inches thick, one stroke

immediately above the binds to be the channel bind

inch plank, all the rest to
inch plank, and above the channel bind to
hold beams
inches square

be

inch plank; to have

with

ceiled with

forward; all whole transoms aft, and one hook to be
inch plank from the keel to the underside of the

(1) See ante, p. 27.

(2) See ante, p. 65. 70.

Arbitration.

Penalty.

AGREEMENTS.

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hold beams, except three strokes on the bilge on each side, which
are to be
inch plank; all the ceilings from the hold beams to the
upper deck beams to be
inch plank, except one long plank
under the main deck beam, which is to be

ceiled fore and aft with

with

inch thick; to be

inch plank, and above the binds forward
inch plank; to have one four-inch plank to be bolted to
fore beam, and transom knees to be bolted through the side into the
beams; the main deck to be laid with Norway deals
thick to abaft the main mast, and from thence to be

to have a sufficient number of main deck beams; to have
inches waste and two drifts fore and aft

inches inch plank; feet

feet deep; the

quarter deck and forecastle deck to be laid with Norway deals
inches thick; the floors to be

feet long with

inches

rise; the binds to have two foot and a half hang, the covering boards in the midships to be two inch and a half plank; to have windlass, capstan, catheads, rudder, and tiller, all of sound good oak, of a size and construction fit for such a vessel; to have

at

gunports:

all the timbers and planks to be made use of in building the hull of the said vessel (except the planks with which the decks are laid, and which are to be of Norway deal as aforesaid) are to be oak of English growth, well seasoned and dried, and in every respect fit for the purposes to which the same shall be applied; the trennels to be bought and be of the best sort; the hatches to be made and constructed in the best and most approved manner; the hull and deck of the said vessel to be well caulked with well teased oakum, and fitted up and finished in a substantial and workmanlike manner, with all things necessary and usually made and provided by ship-builders for ships of such burthen and construction as the said vessel is intended to be.

AGREEMENTS.

Build.

No. XVI.

*An Agreement for Building a Merchant Ship, and to let the same to Freight to a Merchant.

ARTICLES of agreement indented, made, and concluded this in the year of our Lord 18

day of

BETWEEN

of, &c. (merchant) of the one part, and

of, &c. (shipbuilder) of the other part. WHEREAS the said (builder) hath agreed with the said (merchant) to build a ship of the dimensions mentioned in the schedule hereunto annexed, No. I. (1), and to let the same when completed on hire to the said (merchant) to freight for with her from London to

several voyages to be made and back again to London, on

the terms and conditions mentioned in the schedule hereunto annexed,
No. II. NOW THESE PRESENTS WITNESS, that in consideration of the
premises the said (builder) for himself, his heirs, executors, and ad-
ministrators, doth covenant, promise, and agree, to and with the said
(merchant), his executors, administrators, and assigns, in the man-
ner following: that is to say, that he the said (builder), his executors,
administrators, and assigns, shall and will, at their own proper
costs and charges in all things, build or cause to be built, within the
space of
calendar months from the date hereof, one good ship
tons burthen,

of not less than

tons, and not exceeding

and with such materials and to be furnished and provided in such manner as are particularly mentioned in the schedule, No. III.

WITNESS. Covenant by builder to build,

when finished.

AND that when the said ship shall be completed, he the said and let to hire (builder) shall let the same to him the said (merchant), for several and successive voyages at such freight and demurrage, and upon such terms and conditions as are particularly mentioned in the schedule hereunto annexed, No. IV. AND for that purpose the said ship shall at the costs and charges of the said (builder), his executors, administrators, or assigns, be from time to time repaired, fitted, armed, stored, and provided in all things according to the terms and conditions mentioned in the said last mentioned sche

(1) See the form of a schedule of this kind, ante No. XV, p. 83. Schedule.