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 hereinmentioned 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. Witness E. F. At the Cape of Good Hope, this 15th day of November, in the year of our Lord 1824 A. B. (L. S.) No. III. 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 Broad-street, 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 4th day of May, in the forty-first year of the reign of our sovereign Lord George the Third, by the grace of God of of the United Kingdom of Great Britain and Ireland King, Defender of the Faith, and in the year of our Lord 1801. 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 nine hundred and eightyseven 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 vessel by fire, enemies, men of war, or any other casualties, shall unavoidably happen, and the said James Peter Fearon, and Peter Douglas, their heirs, executors, or administrators, do and shall within six calendar months next after such loss well and truly account for (upon oath if required,) and pay unto the said Hans Busk, his executors, administrators, or assigns, a just and proportionable average on all the goods and effects of the said James Peter Fearon carried from England on board the said ship or vessel, and the net proceeds thereof, and on all other goods and effects which the said James Peter Fearon shall acquire during the said voyage for or by reason of such goods, merchandizes, and effects, and which shall not be unavoidably lost, then the above written obligation to be void, and of none effect, else to stand in full force and virtue. No. IV. The Form of an Instrument of Hypothecation of Ship and Cargo. KNOW all to whom this instrument of bond and bill of maritime risk and bottomry may come, that in the year from the birth of our Lord Jesus Christ 1801, on the 31st day of the month of January, in the city of Lisbon, in my office personally appeared Jacomo Mazzola, captain of the Imperial ship called the Gratitudine, whom I know to be the real person; and he declared to me, the notary, in the presence of the witnesses hereinafter mentioned, that within twenty-four hours after the arrival of his said ship at London, or any other port, and previous to beginning to make any delivery of the cargo at the port aforesaid, or any other port, that he the captain, or whomsoever may act in lieu of him, or in case of his absence, or perform the duties of his said quality, shall or will pay by this bill of risk, sea exchange, and bottomry, to Francis Manoel Calvert, professed in the order of Christ, or to his order, the sum of five thousand two hundred and seventy-three pounds twelve shillings sterling, principal and premium of risk and sea exchange, at the rate of 16 per cent., the which principal he acknowledged to have received here of the said Francis Manoel Calvert, in the good current money of this realm, under the denomination of true and legitimate money of sea-exchange and bottomry, on the hull, keel, and appurtenances of the aforesaid ship, and therewith to supply the wants of the repairs, caulking, and of the cargo of the same, on which he had effectivelly invested it; the said Calvert taking upon himself, and in consideration of the aforesaid premium of 16 per cent. voluntarily agreed for and settled between them, to run the sea risk on the said hull, keel and appurtenances, and cargo of the said ship, in her ensuing voyage, which the said captain is about prosecuting from this port of Lisbon to that of London; these being the risks which the aforesaid Francis Manoel Calvert takes on himself, and is to run such as of the sea, winds, fire, stranding and shipwreck, enemies, and false friends, detentions of princes, and reprisals, during the whole of the said voyage, excepting nevertheless those of barratry of the master, and of average as well particular as general, the which are expressly excluded; the which risk shall commence to run from the hour the ship shall leave her first anchor to set sail from this port to that of London, and shall cease in twenty-four hours after having come to an anchor; and, for the ready payment of the aforesaid sum, he the captain binds himself, and his effects in general, dues and funds, both in actual possession and future, and by special mortgage, the cargo, freights due, or that may become due; and in case of failure of the prompt payment in due time, he binds himself under this clause of mortgage to pay to him or his order, for all the delay until full payment, at and after the rate of 6 per cent. per annum; and there being also present Andrew Belucci, mate of the said ship, by whom it was declared that, in case of the absence of the aforesaid captain, he bound himself to fulfil the contents of this bond they thus executed and accepted, after these presents being read to them, and I the notary, in the name of whomsoever it may concern, being absent; to all which were witnesses present, Joav Pedro Rocks, who also acted as interpreter as well for the captain as for the mate, he being there vice-consul, and Manoel Eugenio Coetho, who together with the parties signed thereto; I, Joge de Almeida Rorig, the notary wrote it; Jacomo Mazzola, Andrew Bellucci, Joav Pedro Rocks, Manoel Eugenio Caetho; and J. Joge de Almeida Rorig, notary public of notes in the city of Lisbon and its district of His Royal Highness the Prince Regent our Lord, whom God preserve, caused this instrument to be transcribed from my book of notes, to which I refer myself, and have subscribed it, and signed it in public form. ON which day Bogg exhibited as proctor, and made himself a party for George Goodwin Hope, master of the said ship Mary Ann; and produced for sureties Josiah Culmer, of Wapping High Street, mathematical instrument maker, and James Powell, of the same place, undertaker, who, submitting themselves to the jurisdiction of this Court, bound themselves, their heirs, executors, and administrators, for the said George Goodwin Hope, in the sum of six hundred and eighty-four pounds of lawful money of Great Britain, being double the appraised value of two eighth parts of the said ship, unto William Fennings, of Rood-lane, Fenchurch street, London, merchant, and Philip Fennings, of Harwich, in the county of Essex, owners of the said two eighth parts or shares of the said ship, for the return of the said ship, to the amount of the shares of the said William Fennings and Philip Fennings; and unless they shall so do, they do hereby severally consent that execution shall issue forth against them, their heirs, executors, and administrators, goods and chattels, wheresoever the same shall be found, to the value of the sum aforementioned ; which caution the said surrogate received on the report of John Crickett, marshal of this Court, as to the sufficiency of the said sureties; and at the petition of Bogg, decreed the said ship to be released from the arrest. Present, BEDFORD. for charter. seaworthiness of ship. Furnishing and loading cargo. No. VI. The Form of a Charter-party. London, the of London; and C. D., of to Memorandum MEMORANDUM of Charter.-It is this day mutually agreed between A. B. master [or owner] of the good ship or vessel called the of the burthen of tons, or thereabouts, now lying in the port merchant; that the said vessel, Agreement for being made by the said master tight, staunch, strong, and every way fitted for the voyage, shall, with all convenient speed, sail and proceed or so near thereto as she can safely get, for the purpose of loading from the factors of the said merchant a full and complete cargo of which the said merchant binds himself to furnish and bring alongside the said vessel there; and the said master shall there load and stow on board the said vessel such goods, or so much thereof as she shall be able reasonably to carry over and above her tackle, apparel, provisions and furniture; and the said vessel being so loaded with the said goods, the said master shall, with all convenient speed, proceed therewith to the port of -, or so near thereunto as she can safely get, and there make right and true delivery of the same to the correspondents, agents, or assigns of the said merchant (the acts of God or the King's enemies, detentions and restraints of kings, princes, rulers, and republics, fire, the dangers and accidents of the seas, rivers, and navigation, and all and every other unavoidable dangers and accidents, always excepted ;) on being paid for freight the sum of -1. The freight to be paid on unloading and right delivery of the cargo. The said merchant to be allowed lay or running days (if the ship be not sooner despatched) for loading the said cargo at for unloading the same at and to detain the said ship Carriage and delivery there of. Exception. Freight and demurrage. Penalty. and days on demurrage, over and above her lay days, at the rate of 7. of affreight Form of Charter-party of Affreightment. day of Charter-party THIS charter-party of affreightment, indented and made the in the year of our Lord, 1820, between A. B., owner [or master] of the burthen of ment. of the ship or vessel called the |