shall and do at all times during the said voyage keep a just and true account in writing of the sale and disposal, pursuant to the orders aforesaid, of all the cargo aboard the said ship which the said owners and proprietors have intrusted them with, and a journal of the said voyage, and deliver the said account and journal within days after the said ship's arrival at the said port of L. or other her delivery port in England, to the said A. B. E. F. and G. or some of them; and shall likewise deliver up to them the said A. B. &c. or to such other person or persons as they or the major part of them shall appoint, the actual and peaceable possession of the said ship, with all the stores belonging to her according to the inventory thereof to be taken and sent to them the said A. B. &c. as aforesaid, and of all other things that shall belong to her, at what time soever the same shall be required of him, reasonable wear and tear excepted. AND likewise if the said C. D. shall and do in all other respects well, truly and faithfully acquit and discharge himself in and concerning all other matters and things relating to the said ship and cargo, and the trust reposed in him by the said A. B. &c. as master of the said ship during the said voyage which he hath undertaken to perform, and give a true account of as aforesaid, according to the true intent and meaning of the said orders, and of the said parties, and of these presents: THEN, &c. OTHERWISE, &c.

From a chief mate, to do the same things if the master dies.

WHEREAS the above A. B. F. and G. part owners of the ship &c. whereof C. D. is commander, have at the request of the above bounden G. allowed and employed him to go as chief mate of the said ship for her intended voyage, mentioned in the order hereunto annexed, and in case of the decease of the said C. D. at any time during the said voyage have appointed the said G. to succeed him, the said C. D., in the command of the said ship as master thereof, and in which case the said G. with I. M. who is appointed supercargo, will be also intrusted in the sale and disposal of the cargo on board the said ship belonging to the said A. B. &c., and for their account and benefit, amounting to the value of £20,000 all which in case of the decease of the said C. D. the said G. doth hereby undertake that he or the said I. M. or one of them will carefully and faithfully dispose of according to the orders hereunto annexed. AND the said G. is contented in case of such decease of the said C. D. to become bound to the said I. M.'s observing the said orders, and performing his trust as supercargo aforesaid in such

manner as the said C. D. should have done according to the tenor of his bond of the date hereof hereunto also annexed. NOW THE CONDITION, &c. That in case the said C. D. shall at any time during the said voyage happen to depart this life, then if the said G. and I. M. and either of them shall and do, &c. (as in the last, till the words, from L. to B. and then comes in) in case the said C. D. shall happen to die before the said ship's arrival at L. AND likewise if the said G. and I. M. shall and do immediately after the decease of the said C. D. at all times during the residue of the said voyage, keep a just, &c. (as in the last,) and a journal of the remainder of the said ship's voyage, &c. (as in the last till the words according to the inventory thereof, where instead of the words, to be taken and sent, comes in) which the said C. D. according to his obligation in that behalf, shall take and send to the said A. B. &c. or some of them, before the ship's departure from Gravesend; and then, and of all other things, &c. (as in the last till the words, according to the trust reposed in him, where comes in) as master of the said ship in case of the decease of the said C. D. during the then residue of the said voyage, &c. (as in the last.)

α

From a master of a ship, to follow orders, and deliver up ship, and give an account of freight and monies received and paid.

WHEREAS the above named C. D. at the request of the above bounden A. B., hath admitted and employed. the said A. B. to serve as master of the ship or vessel called the Justina, of the burthen of 300 tons or thereabouts, now bound to the island of Martinique, for such voyage and so long time as he the said C. D. or other the part owners thereof that shall employ her, shall think fit, and have thereupon delivered the actual possession of the said ship with all her appurtenances unto the said A. B. NOW THE CONDITION of the above written bond or obligation is such, That if the said A. B. shall and do at all times hereafter perform and follow all such lawful orders and directions, relating to the said ship, and such voyage or voyages as the said C. D. his executors, administrators or assigns, or other the part owners thereof that shall employ her, shall from time to time give and direct, AND shall at all times use his utmost care for preserving the said vessel with her appurtenances from all spoil and damage, and shall not directly or indirectly do or suffer, or procure to be done, any act or thing whatsoever, whereby the said vessel shall or may be forfeited, seized, extended, charged or chargeable. AND ALSO

if the said A. B. shall and do peaceably and quietly deliver up the said ship and the actual possession thereof unto the said C. D. or unto such other person or persons as the said C. D. or other the part owners thereof, or the major part of them, shall for that purpose order and appoint, together with all and singular the furniture, tackle, apparel and other appurtenances and things whatsoever to the said ship or vessel, and which shall belong, at the time the same shall be required by the said C. D. or other the part owners thereof, or the major part of them (reasonable wear and tear thereof excepted), free of all charges and incumbrances whatsoever to be done, committed or suffered by the said A. B. in any wise howsoever. AND if the said A. B. shall and do from time to time upon request of the said C. D. his executors or assigns, or other the part owners thereof, or the major part of them, make ready and give unto him or them a just and true account in writing of all freight and monies which he shall from time to time receive, pay or disburse for or on account of the said ship, and all other matters and things relating to the said ship's service and employment, and of the said affairs and transactions in and about the same, and shall and do likewise pay to the said C. D. his executors or assigns, or other the part owners thereof or some of them, all such sums of money as he shall from time to time receive, and upon any such account or accounts shall appear to be received or belong, and be due and payable to the said C. D. and to the others the part owners of the said ship. THEN, &c. OTHERWISE, &c.

From a chief mate of a ship let by charter-party to perform covenants, follow orders, give up an account, and deliver up the ship, and likewise for a second mate.

WHEREAS by a charter-party made, &c. as thereby, relation, &c. AND WHEREAS the above bounden D. is entertained and admitted to serve and go as first or second mate of and in the said ship, during the said intended voyage, and is to succeed the said A. the present master of the said ship, and to be and act as master thereof in case of the decease of the said A. (and the first or chief mate of the said ship) during the said voyage, and in case of such the decease of the said A. (and -) he the said D. hath agreed and promised to do and perform all matters relating to the said ship and her intended-voyage, as well which are mentioned and contained in the said recited charter-party, as in any other writings or orders given by and under the hands of the said B. and C. or others the part owners of the said ship, or the major part of them. NOW THERE

FORE THE CONDITION, &c. That if during the said intended voyage the said A.. (and) shall hap pen to depart this life and the said D. shall them survive that then and in such case he the said D. shall and will accordingly take upon him the office, care and government of the said ship a master thereof for the then resi due of her said intended voyage, AND shall truly do and perform all the several covenants, articles, clauses and agreements, which are mentioned and contained in the said recited charter-party, relating to the said ship and her said intended voyage, and the cargo of and effects and produce thereof, as also of any other matters and things whatsoever therein mentioned and contained, by and on the part and behalf of the said master, to be performed in any manner howsoever, and shall and do likewise observe and perform the orders, directions and instructions given by the part owners of the said ship, or the major part of them, respectively relating to the said premises as far as may be or can. AND ALSO if the said D. do and shall make and give a just and true account in writing of all monies, goods, effects and other things whatsoever which he shall receive, or which shall be delivered or come to his charge, care, custody or possession, or wherewith he shall or ought to be charged or chargeable, and deliver the same to such person or persons to whom the same shall belong or be ordered and consigned, and acquit and discharge himself therefrom. AND ALSO shall and do (the perils and dangers of the seas and other inevitable accidents excepted), deliver the actual possession of the said ship to B. and C. and other the part owners thereof, with all her appurtenances, stores and provisions, and free of all debts and incumbrances by him the said D. to be committed, THEN, &c.

BONDS CONCERNING ARBITRATORS.

Condition of a bond of arbitration.

The condition of this obligation is such, that if the above bounden A. B. his heirs, executors and administrators, and every of them, do and shall on his and their parts and behalves in and by all things well and truly stand to, obey, abide, observe, perform, fulfil and keep the award, order, arbitrament, final end and determination of I. M. of &c. and N. O. of &c. (if to three, or any two of them) arbitrators indifferently chosen and elected and named, as well on the part and behalf of the said A. B., as on the part and behalf of the above named C. D. to arbitrate, award, order, judge, determine and agree, touching and concerning all and all manner of action and actions, cause and causes of actions, suits, bills, bonds, specialties, covenants, contracts, promises, accounts, reck

onings, sums of money, judgments, executions, extents, quarrels, controversies, trespasses, damages and demands. whatsoever, both in law and equity, at any time heretpfore had, moved, brought, commenced, sued, prosecuted, done, suffered, committed or depending by or between the said parties, so as the award of the said arbitrators (or any two of them) be made and set down in writing, indented under their (or any two of their) hands and seals ready to be delivered to the said parties in difference on or before the day of now next ensuing, THEN, &c. OTHERWISE, &c.

To be added (before the words, Then, &c.) when there is to be an umpire.

And if the said arbitrators shall not make such their award of and concerning the premises within the time limited as aforesaid. THEN if the above bounden A. B. his heirs, executors and administrators, for and on his and their parts and behalves, do and shall well and truly stand to, obey, abide, observe, perform, fulfil and keep the award, determination or umpirage (if the umpire be named) of J. K. of &c. a person indifferently named and chosen between the said parties for umpire as aforesaid. -(if not named, of such person as the said arbitrators shall indifferently name and choose for umpire in and concerning the premises) so as the said umpire do make and set down his award and umpirage in writing, indented under his hand and seal on or before the day of now next ensuing, THEN, &c. OTHERWISE, &c.

To be added (after the word, Then, &c.) when the award or umpirage is to be made a rule of court.

AND IT IS HEREBY AGREED by and between the said parties, That neither of them shall not nor will bring or prosecute, or cause to be brought or prosecuted, any action or suit in any court at law or equity, against the said arbitrators or umpire, or bring or prosecute any in equity against each other of and concerning the premises so as aforesaid referred: AND ALSO that these presents and the submission hereby made in consequence thereof, shall be made a rule of court, if the court shall so please, TO THE END the said parties in difference shall be finally concluded by the said arbitrators.or umpire by these presents, pursuant to the statute in that case made and provided.