APPENDIX.

No. I.

FORM OF A BOTTOMRY BOND.

KNOW ALL MEN by these presents, that I, A. B,

commander and two-thirds owner of the ship Exeter, for myself, and C. D. remaining third-owner of the said ship, am held and firmly bound unto E. F. in the penal sum of two thousand pounds sterling, for the payment of which well and truly to be made unto the said E. F. his heirs, executors, administrators, or assigns, I hereby bind myself, my heirs, executors and administrators, firmly by these presents. In witness whereof I have hereunto set my hand and seal, this 14th day of December, in the year of our Lord 1796.

WHEREAS the above bound A. B. hath taken up and received of the said E. F. the full and just sum of one thousand pounds sterling, which sum is to run at respondentia on the block and freight of the ship Exeter, whereof the said A. B. is now master, from the port or road of Bombay on a voyage to the port of London, having permission to touch, stay at, and proceed to all ports and places within the limits of the voyage, at the rate or premium of twenty-five per cent. (25 per cent) for the voyage. In consideration whereof usual risks of the seas, rivers, enemies, fires, pirates, &c are to be on account of the said E. F. And for the further security of the said E. F. the said A. B doth by these presents mortgage and assign over to the said E. F. his heirs, executors, administrators, and assigns, the said ship Exeter, and her freight, together with all her tackle, apparel, &c. And it is hereby declared that the said ship Exeter and her freight is thus assigned over for the security of the respondentia taken up by the said A. B. and shall be delivered to no other use or purpose whatever, until payment of this bond is first made, with the premium that may become due thereon.

NOW THE CONDITION of this obligation is soch, that if the above bound . B. his heirs, executors, or administrators, shall and do well and truly pay, or cause to be paid unto the said E. For to his attornies in London legally authorized to receive the same, their executors, administrators, or assigne, the full and just sum of 1000L sterling, being the principal of this bond, together with the premium which shail become due thereupon, at or before the expiration of ninety days after the safe arrival of the said ship Exeter at her moorings in the river Thames, or in case of the loss of the said ship Exeter, such an average as by custom shall have become due on the salvage, then this obligation to be void and of no effect, otherwise to remain in full force and virtue. Having signed to three bonds of the same tenor and date, the one of which being accomplished, the other two to be void and of no effect.

• In this bond the occasion of borrowing the money is not expressed, but the money was in reality borrowed to refit the ship, which being on a voyage from Bengal to London was obliged to put back to Bombay to repair. See The EXETER, Whitford, 1 Rob. A. R. 176. The occasion therefore of borrowing the money gave the lender the security of the entire interest of the ship. But this bond, although expressed to be executed by the master for himself and the other partowner, would not bind the other part-owner personally, unless he had by a previous deed authorized the master to execute such a bond for him. See part 3. ch. 1. sect. 2.

No. II.

FORM OF A BOTTOMRY BILL.

TO ALL MEN

ΤΟ WHOM THESE PRESENTS SHALL COME. 1, A. B. of Bengal, mariner, part-owner and master of the ship called the Exeter, of the burthen of five hundred tons and upwards, now riding at anchor in TableBay at the Cape of Good Hope, send greeting:

WHEREAS I, the said A. B. part-owner and master of the aforesaid ship called the Exeter, now in prosecution of a voyage from Bengal to the port of London, having put into Table-Bay for the purpose of procuring provisions and other

supplies necessary for the continuation and performance of the voyage aforesaid, am at this time necessitated to take up upon the adventure of the said ship called the Exeter, the sum of one thousand pounds sterling monies of Great Britain, for setting the said ship to sea, and furnishing provisions and necessaries for the said voyage, which sum C. D. of the Cape of Good Hope, master attendant, hath at my request lent unto me, and supplied me with at the rate of twelve hundred and twenty pounds sterling for the said one thousand pounds, being at the rate of one hundred and twenty-two pounds for every hundred pounds advanced as aforesaid, during the voyage of the said ship from Table Bay to London. NOW KNOW YE, that I, the said A. B. by these presents, do, for me, my executors, and administrators, covenant and grant to and with the said C. D. that the said ship shall, with the first convoy that shall offer for England after the date of these presents, sail and depart for the port of London, there to finish the voyage aforesaid. And I, the said A. B. in consideration of the sum of one thousand pounds sterling to me in hand paid by the said C. D. at and before the sealing and delivery of these presents, do hereby bind myself, my heirs, executors and administrators, my goods and chattels, and particularly the said ship, the tackle and apparel of the same, and also the freight of the said ship which is or shall become due for the aforesaid voyage from Bengal to the port of London, to pay unto the said C. D. his executors, administrators, or assigns, the sum of twelve hundred and twenty pounds of lawful British money, within thirty days next after the safe arrival of the said ship at the port of London from the same intended voyage.

AND I, the said A. B. do, for me, my executors, and administrators, covenant and grant to and with the said C. D. his executors and administrators, by these presents, that I, the said A. B. at the time of sealing and delivering of these presents, am a true and lawful part-owner and master of the said ship, and have power and authority to charge and engage the said ship with her freight as aforesaid, and that the said ship, with her freight, shall at all times after the said voyage, be liable and chargeable for the payment of the said twelve hundred and twenty pounds, according to the true intent and meaning of these presents.

AND lastly, it is hereby declared and agreed by and between the said parties to these presents, that in case the

said ship shall be lost, miscarry, or be cast away before her arrival at the said port of London from the said intended voyage, that then the payment of the said twelve hundred and twenty pounds shall not be demanded, or be recoverable by the said C. D. his executors, administrators, or assigns, but shall cease and determine, and the loss thereby be wholly borne and sustained by the said C. D. his executors, and administrators, and that then and from thenceforth every act, matter, and thing herein mentioned on the part and behalf of the said A. B. shall be void, any thing herein contained to the contrary notwithstanding.

IN WITNESS whereof the parties have interchangeably set their hands and seals to four bonds of this tenor and date, one of which being paid, the others to be null and void.

THE FORM OF A RESPONDENTIA BOND ON A VOYAGE TO THE EAST INDIES.

KNOW ALL MEN by these presents, that we, James Peter Fearon, commander of the ship Belvidere, in the service of the honourable East-India Company, and Peter Douglas of Fitzroy-square, are held and firmly bound to Hans Busk of New Broadstreet, London, merchant, in the sum or penalty of fifteen hundred pounds of good and lawful money of Great-Britain, to be paid to the said Hans Busk, or to his certain attorney, executors, administrators, or assigns; to which payment well and truly to be made, we bind ourselves, jointly and separately, our heirs, executors, and administrators, firmly by these presents. Sealed with our seals, dated this fourth day of May, in the forty-first year of the reign of our Sovereign Lord George the Third, by the grace of God, of the united kingdom of Great Britain

and Ireland King, defender of the faith, and in the year of our Lord one thousand eight hundred and one.

WHEREAS the above-named Hans Busk has, on the day of the date above-written, advanced and lent unto the said James Peter Fearon and Peter Douglas, the sum of seven hundred and fifty pounds, upon the goods and merchandizes and effects laden and to be laden on board the good ship or vessel called the Belvidere, of the burthen of 987 tons or thereabouts, now riding at anchor in the river of Thames, outward-bound to China, and whereof James Peter Fearon is commander, by his acceptance of a bill of exchange to that amount at four months date for the account of them the said James Peter Fearon and Peter Douglas: NOW THE CONDITION of this obligation is such, that if the said ship or vessel do and shall with all convenient speed proceed and sail from and out of the said river of Thames on a voyage to any port or place, ports or places in the East Indies, China, Persia, or elsewhere beyond the Cape of Good Hope, and from thence do and shall sail, return, and come back into the said river of Thames at or before the end and expiration of thirty-six calendar months, to be accounted from the day of the date above written, and there to end her said intended voyage (the dangers and casualties of the seas excepted); and if the said James Peter Fearon and Peter Douglas, or either of them, their or either of their heirs, executors, or administrators, do and shall, within thirty days next after the said ship or vessel shall be arrived at her moorings in the said river of Thames from her said intended voyage, or at or upon the end and expiration of the said thirty-six calendar months, to be accounted as aforesaid (which of the said times shall first and next happen), well and truly pay or cause to be paid unto the said Hans Busk, his executors, administrators, or assigns, the full sum of one thousand and twenty pounds of lawful money of Great Britain, together with thirteen pounds ten shillings of like money per calendar month for each and every calendar month, and so proportionably for a greater or lesser time than a calendar month, for all such time and so many calendar months as shall be elapsed and run out of the said thirty-six calendar months over and above twenty calendar months, to be accounted. from the day of the date above written, or if in the said voyage, and within the said thirty-six calendar months to be accounted as aforesaid, an utter loss of the said ship or