AGREEMENTS.

Expences.

No. XXXV.

* An Agreement between Assignees under a Commission of Bankrupt (or other Creditors or Persons) to bear the Expences of Suits in proportion to their respective Debts or other Interests.

WITNESS.

Parties agree
to bear equal
proportion of ex-
pences.

day of

ARTICLES of agreement made this
day of
, in the
year of our Lord
BETWEEN (assignees) of, &c. (assignees
of or under a commission of bankruptcy issued against (bankrupt)
of, &c.), of the one part, and (other creditors) of, &c., creditors un-
der the said commission, of the other part. Whereas a commission
of bankruptcy was on or about the
issued out,
and is still in force, against the said (bankrupt); AND WHEREAS,
&c. (recite shortly the proceedings under the commission); And
whereas there is now justly due from the said bankrupt's estate, to
the said parties hereto, the several sums set opposite to their re-
spective names, in the schedule hereunder written [and (if so) which
said sums have been duly proved before the said commissioners].
AND WHEREAS divers actions or suits have been, [or are expected
to be] instituted against [or are intended to be instituted by] the as-
signees (or other parties), in the prosecuting [or defending] which
said suits or actions various sums of money may be expended or
obliged to be paid by the said (assignees) as plaintiffs [or defendants]
therein. And whereas the said suits or actions having been insti-
tuted or defended with the privity and consent of the said (other
parties), they have severally agreed to bear and defray an equal and
proportionate part thereof. Now THESE PRESENTS WITNESS, that
each and every of them the several parties hereto, for himself and for
his executors and administrators, doth hereby covenant and agree
with the other and others of them respectively, and his, her and their
respective executors, administrators and assigns, in the manner follow-
ing, (that is to say) that all costs, charges and expences whatsoever,
which already have been, or which shall or may at any time or times
hereafter be paid, disbursed or expended, in the suing forth or carry-
ing on the said commission, or in instituting, prosecuting, defend-
ing or carrying on the said several suits, actions or proceedings so

AGREEMENTS.

Expences.

each other.

instituted, or which shall or may be instituted by or against them the said (assignees), on the part or behalf of themselves, and other the said parties hereto, shall be borne and sustained by all and every the said parties hereto, and their respective executors, administrators and assigns, rateably and proportionably, according to the amount of their several and respective debts, set opposite to their respective names in the schedule hereunder written. AND each of them the And indemnify said parties secondly hereinbefore named doth covenant and propose to and with each of the said parties firstly hereinbefore named, that they the said parties secondly hereinbefore named, and their respective executors and administrators, shall and will at all times and from time to time, well and truly pay their said respective parts and proportions, unto them the said parties firstly hereinbefore named, and their respective executors, administrators or assigns, upon lawful demand being thereof to them respectively made; or otherwise effectually save harmless and indemnify them the said firstly named parties respectively, and their respective executors, administrators and assigns, from and against the same, any judgement, decree or order of any court of law or equity to the contrary in anywise notwithstanding. IN WITNESS, &c.

SCHEDULE ABOVE REFERRED TO.

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 Char-
ter-Party (1).

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

WITNESS. The master agrees to let to freight.

Convoy.

Tonnage.

ARTICLES of agreement entered into the

of

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
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 consi-
deration hereafter mentioned, hath granted and letten to freight, and
hereby doth grant and let to freight the said ship or vessel called
(whereof is commander) unto the said (merchant) the
lading of
tons of such goods, wares and merchandizes (con-
traband only excepted) as the said (merchant), his executors, admi-
nistrators, factors or assigns shall think fit, (being the whole [or
part] of the said ship's tonnage) at the sum of £

at

within

per ton for

freight; the said goods to be laden on board the said ship or vessel,
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

(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.

"

AGREEMENTS.

Freight.

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 performing 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 performance of the said contract on the part of him the said (master)(1). The merchant And in consideration of the premises, the said (merchant) for him- covenants to pay freight, &c. 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 executors, 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.

(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 indemni. fication. 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.

ARTICLES of agreement entered into the

day of

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

or vessel called the

thereabouts, now at

, of the burthen of

tons, or

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 WITNESS. proceed from to (1). NOW THESE PRESENTS WITNESS, that Master agrees to 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

let ship to hire.

Convoy.

of

, or other goods, wares and merchandizes, for which the said merchants respectively have subscribed, or so shall subscribe with their names here underwritten, within

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.