AGREEMENTS. Build. hold beams, except three strokes on the bilge on each side, which inch thick; to be inches ceiled fore and aft with inch plank, and above the binds forward inch plank; feet feet deep; the quarter deck and forecastle deck to be laid with Norway deals 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 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. at 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 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, 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. AGREEMENTS. Build. Will enter into a charter party. Ship not to be otherwise employed. Owner, &c. will conform to direc tions of merchant. On breach of this agreement, mer chant may refuse the ship. dule, and as the same ought to be repaired, fitted, armed, stored, and provided for the service aforesaid, according to the usage and customs of merchants. AND the said (builder) or other managing owner or owners of the said ship, and the commander thereof, shall and will from voyage to voyage enter into a charter party of the said ship to the said (merchant) for the said respective voyages, upon the terms in the same schedules mentioned, and in which said charter parties such further stipulations, provisions, and agreements, as shall be necessary and reasonable, shall from time to time be inserted. AND that the said ship shall not until she shall have performed such several voyages as aforesaid, be employed in any other service or upon any other occasion whatsoever, than in and upon the service.of the said (merchant) without the consent in writing of him the said (merchant), his executors or administrators, first had and obtained. AND that during such time as the said ship shall remain in the service of the said (merchant) the said (builder), his executors, administrators, and assigns, and all and every other the owners, commanders, officers, and crew of the said ship shall and will from time to time in all things conform themselves to, and shall and will submit, obey, and conform, as well in the equipment of the said ship as otherwise, to the lawful and reasonable orders, instructions, and directions which shall from time to time be given by the said (merchant), his heirs or administrators. PROVIDED always, that in case of breach of these covenants and agreements aforesaid, or any of them, by or on the part of the said (builder), or of any of the terms, stipu lations, or agreements contained in or arising out of all, any, or either of the several schedules hereunto annexed, it shall be lawful to and for the said (merchant), his executors or administrators, to reject the said ship wholly from his service or employ, and also to recover a satisfaction for the damages occasioned by any such breach of covenant and the penalty of any obligation entered into for the due performance of this covenant, or to seek any other such remedies as he or they shall see fit, anything hereinbefore contained to the contrary thereof in anywise notwithstanding. IN WITNESS, &c. REFERRED TO IN THE ABOVE AGREEMENT MAY BE DIVIDED INTO, 1. The dimensions and scantlings of the ship. 2. The inventory of stores. 3. The charter party. No. XVII. *An Agreement To Charge (1) Lands with the Payment of a Debt previously owing. AGREEMENTS, Charge. ARTICLES of Agreement made this the year of our Lord, 18 BETWEEN the (debtor) of, &c. of the one part, and the (creditor) of, &c. of the other part. WHEREAS the said (debtor) is indebted to the said (creditor) in the sum of L. upon the note of hand, or bond (as the case may be), of him the said (debtor), as he the said (debtor) doth hereby acknowledge. AND whereas the said (debtor), at the request of the said (creditor), has consented to secure the same upon the real estates of the said (debtor) hereinafter mentioned. Now WITNESS THESE PRESENTS, that the said (debtor) hath agreed, and by these presents doth for himself, his heirs and assigns, covenant, agree, and declare, to and with the said (creditor), his executors, administrators, and assigns, that he the said (debtor), his heirs or assigns, shall and will, as soon as conveniently can or may be hereafter, well and effectually secure, at the costs of him the said (debtor), his heirs or assigns, the payment of the said sum of £ on or before the of day together with interest for the same, after the rate of per cent. per annum; and in the mean time, by charging the same upon all that and those his messuage or messuages, lands, tenements and hereditaments, situated at and known by the name of in the county of WITNESS. charge debt upon Agreement to lands. proper assur and for that purpose shall And will execute and will make, do, and execute every such deed, or other assurance, ances. or act, or deed, which the counsel in law of the said (creditor), his executors, administrators, or assigns, shall deem necessary or proper. AND these presents further witness, that the said (debtor) for him- Debt to be a self, his heirs, executors, and administrators, doth hereby declare charge in the and agree with and to the said (creditor), his executors, admi (1) See other charges upon lands, &c. post Title "CHARGE." mean time. 1 Charge. AGREEMENTS. nistrators, and assigns, that the same messuages, lands, and hereditaments, shall in the mean time, and until such conveyance or assurance, be or be considered chargeable with the payment of the said sum of £ and interest, after the rate aforesaid, in as forceable and effectual a manner as the rules of law or equity will permit. IN WITNESS, &c. |