No. XLIII. *An Agreement between a Master and Mariners to perform a Voyage to Foreign Parts. AGREEMENTS. Mariners. IT IS HEREBY AGREED, BETWEEN the master, seamen, and mariners of the ship now bound for the port of and whose names are entered in the schedule or table hereunder written, as follows, that is to say, the said (master) doth hereby agree with and hire the said seamen and mariners for, and they the said seamen and mariners do hereby agree to undertake the said voyage at such monthly wages as are set against their respective names in the said schedule or table, to be paid pursuant to the laws of Great Britain; and they the said seamen and mariners do hereby promise and oblige themselves to do their duty, and obey the lawful commands of their officers on board To obey officers. the said ship, and the boats thereunto belonging, as become good and faithful seamen and mariners, and at all places where the said ship shall put in or anchor during the said voyage, do their best endeavours for the preservation of the said ship and the cargo therein, and not refuse or neglect doing their duty by day or night; nor shall go out of the said ship on board any other vessel, or be on shore under any pretence whatsoever, without leave first obtained of the captain or commanding officer on board; and that in default thereof, they will submit to the penalties mentioned in the act of parliament made in the Under penalties. second year of the reign of King George the Second, &c. intituled, "An act for the better regulation and government of seamen in the merchants' service (1); AND will further, in case they shall leave or desert the said ship, without the master's consent, till the aforesaid voyage be ended, and the ship discharged of her loading, consent to forfeit and lose all wages which may at such time be due to them; (1) If the voyage is to be performed to the West Indies, add, "And the act passed in the thirty-seventh year of the reign of King George the Third, intituled, An act for the preventing the desertion of seamen from British merchants' ships trading to his Majesty's colonies, and plantations in the West Indies." West Indies. AGREEMENTS. Mariners. leave. Wages. Stores. together with all their goods, chattels, and effects on board, renouncing by these presents all right, title, demand, and pretension thereunto respectively for ever. And also that eight and forty hours' (1) absence Absence without without such leave as aforesaid, shall be deemed such desertion as to render them liable to the penalties above mentioned. AND further, every lawful command which the said master or officers shall issue for the government of the said vessel, or suppressing of immorality and vice, shall be by them respectively strictly complied with, under the penalty of the person or persons disobeying or disregarding the same being liable to the like forfeiture as aforesaid. AND it is further agreed, that no officer nor seaman 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. 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 should be lost or damaged through their carelessness or insufficiency, it shall be made good to the master and owners of the said ship, by such officer or seaman by whose means the same may happen. AND whereas Going on shore. it is customary for the officers and seamen on the ship's return home in the river, and whilst the cargo is delivering, to go on shore each night to sleep, greatly to the prejudice of such ship and freighters; it is therefore hereby further agreed, by and with 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 shall think Embezzlement. necessary in order for the preservation of the above. AND whereas it often happens, that part of the cargo of a ship is embezzled after being safely delivered into lighters, and as such losses must be made good by the owners of the ship, it is therefore further agreed, that whatever officer or seaman the master shall think proper to appoint, shall take charge of the cargo in the lighters, and go with it 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 consideration of his true fidelity, such officer or scaman shall be entitled to two shillings and sixpence each lighter, exclusive of his monthly pay; and should it so happen that lighters are detained any Detention at quay. West Indies. (1) In the West India service twenty-four hours is usually the time limited. AGREEMENTS. Mariners. considerable time at the quay before they can be unloaded, such officer or seaman so appointed shall, in that case, be entitled to two shillings and sixpence for every twenty-four hours, exclusive of his said monthly pay. That each seaman and mariner who shall well and truly perform the above-mentioned voyage (provided always, that there be no plunderage, embezzlement, or other unlawful acts by him committed on the said vessel's cargo or stores), shall thereupon be entitled to the wages or hire which may become due to him pursuant to this agreement. That for the due performance of each and every the Due perforabove-mentioned articles, agreements, and as an acknowledgement of their being voluntary and without compulsion, and of no other clandestine means being used, the said parties have each and every of them subscribed their names, the month and day against their respective names as hereunder written. mance AGREEMENTS. Mariners. No. XLIV. *An Agreement between Master and Mariners in the West India Trade (1). orders, &c. BETWEEN the master, seamen, and marinow bound for the port of IT IS HEREBY Agreed, ners of the ship and (master or commander), the master or commander of the said ship, as follows (1), that is to say, that in consideration of the monthly or other wages against each respective seaman or mariner's name hereunto set, they severally shall and will perform the above-mentioned voyage; and the said master doth hereby agree with and hire the said seamen and mariners for the said voyage at such monthly wages, Seamen to obey to be paid pursuant to the laws of Great Britain; and they the said seamen and mariners do hereby promise and oblige themselves to do their duty, and obey the lawful commands of their officers on board the said ship or boats thereunto belonging, as become good and faithful seamen and mariners, and at all places where the said ship shall put in or anchor during the said ship's voyage, to do their best endeavours for the preservation of the said ship and cargo, and not to neglect or refuse doing their duty by day or night; nor shall go out of the said ship on board any other vessel, or be on shore under any pretence whatsoever, till the voyage is ended, and the ship discharged of her cargo, without leave first obtained of the master, captain, or commanding officer on board; and in default thereof they freely agree to be liable to the penalties mentioned in the act of parliament, made in the second year of the reign of King George the Second, intituled, "An act for the better regulation and government of seamen in the merchants' service ;" and the act, made in the thirtyseventh year of the reign of King George the Third, intituled, " An act for preventing the desertion of seamen from British merchants' 37 Geo. 3. c. 73. (1) By the 37th Geo. III. c. 73. sec. 11. it is provided that articles of agreement entered into between the master, seamen, and mariners of ships trading to the West India colonies, shall be to the above purport or effect. AGREEMENTS. Mariners. Desertion. ships trading to his Majesty's colonies and plantations in 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 mariners liable to the forfeitures and penalties contained in the acts above recited; that each and every lawful command which the said master shall think necessary 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 the said vessel: AND it is further agreed, that no officer or seaman, 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 Damage. 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 Indulgences. 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 or commander of the said ship shall think necessary, in order for the preservation of the above: AND whereas it often happens that part Embezzlement. 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 consideration of his true fidelity, such officer or seaman shall be entitled to two shillings and sixpence each lighter, exclusive of his 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 ap |