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and by equal proportions. Mutual penalties. IN WITNESS, &c.

Agreement between two merchants and their clerk respecting goods intrusted to and to be consigned to him at New Orleans to sell upon half profits during a term of

years.

Between two

their clerk.

ARTICLES OF AGREEMENT indented, made, &c. BETWEEN A. B. of &c. of one part, and C. D. and E. F. of &c. of the other part. WHEREAS the said A. B. is shortly about to proceed on a voyage to N. Orleans, in the U. States of America: AND WHEREAS the said C. D. and E. F. have shipped with the said A. B. on board the ship or vessel called the Justina, whereof G. H. is master, now bound to New Orleans aforesaid, divers goods, wares, and merchandises, to the amount and value of £5000 sterling, and intrusted the same to the care of the said A. B. for the purpose and on the conditions hereinafter mentioned, NOW THIS AGREEMENT WITNESSETH, and the said A. B. for himself, his executors and administrators, doth covenant, promise and agree to and with the said C. D. and E. F. their executors, administrators, and assigns, in manner following; that is to say, That he the said A. B. shall and will take the said goods, wares, and merchandises, with him to New Orleans aforesaid, and there sell and dispose of them to the best advantage and for the most price; and shall and will merchants and from time to time remit from thence home to them, the said C. D. and E. F. their executors, administrators, or assigns, all such sum and sums of money arising from the sale of the said goods, or the produce thereof. And the said C. D. and E. F. do hereby covenant, promise, and agree to and with the said A. B. that they the said C. D. and E. F. shall and will from time to time during the term of years, to commence from the day of the date hereof, as they receive from the said A. B. the remittances or produce arising from the sale of the said goods, wares, and merchandises so shipped and intrusted to the care of the said A. B. as aforesaid, ship and consign to the said A. B. such other goods, wares and merchandises as they the said C. D. and E. F. shall think proper so as to keep a stock of goods, wares, and merchandises in the hands and custody of the said A. B. to the amount of $5000. And the said A. B. doth hereby for himself, his executors and administrators, further covenant, promise, and agree to and with the said C. D. and E. F. their executors, administrators and assigns that he the said A. B. his executors and administrators, shall and will from time to time, during the said term of

Each party to re

the profits.

years, sell and dispose of the said goods, wares and merchandises so to be shipped and consigned to him from time to time by them the said C. D. and E. F. to the best advantage and for the most money that he can procure for the same, and shall and will immediately thereupon remit home to the said C. D. and E. F. their executors, administrators, or assigns, all such sum and sums of money that shall or may arise from the sale or produce, with a true and particular account or accounts of the sales thereof. And also that he the said A. B. shall not nor will during the said term of years purchase or receive any goods, wares, or merchandises whatsover in his own name or on his own account, or in the name of any other person or persons in trust for him, but solely for the mutual benefit of him the said A. B. and the said C. D. and E. F. and also shall and will employ his whole time in disposing and vending such goods, wares, and merchandises so shipped and intrusted to his care, and ceive a moiety of to be from time to time during the said term of. years shipped or consigned to him by the said C. D. and E. F. And it is hereby mutually covenanted, concluded, and agreed by and between the said parties, and it is the true intent and meaning of these presents, that all such profits, advantages, and emoluments that shall or may at any time during the said term of years arise or be made by the sale or produce of the goods, wares, and merchandises now intrusted to his care and custody, and to be shipped and consigned to him as aforesaid (after full payment of all incidental charges and expenses) shall be divided between them the said A. B. and C. D. and E. F. in manner following, that is to say, one moiety or half part thereof to the saidA. B. his executors, administrators or assigns, and the other moiety or half part thereof to the said C. D. and E. F. their executors, administrators, or assigns. And the said A. B. for himself, his executors, administrators, and assigns doth hereby further covenant, promise and agree to and with the said C. D. and E. F. their executors, administrators, and assigns, that he the said A. B. his executors, administrators, or assigns, shall and will from time to time and at all times during the said term of- years keep, or cause to be kept, proper, regular, and useful books of accounts, and shall and will make, or cause to be made, regular entries therein of all such goods, wares, and merchandises as he the said A. B. his executors, administrators or assigns, shall from time to time during the said term of -years receive from the said C. D. and E. F. and also shall and will make proper entries in the said books of accounts of all such sum and sums of money or commodities which he shall receive by the sale or produce of the

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said goods, wares, and merchandises for the better ascer-
taining the matters aforesaid. And it is hereby further
agreed by and between the said parties, that they the said
C. D. and E. F. their executors, administrators, or as-
signs, or their agents shall and may from time to time and
at all times during the said term of
years, have free
liberty to inspect, view, and examine such books of ac-
count so to be kept as aforesaid, and to take or cause to
be taken true extracts or copies thereof. IN WIT-
NESS, &c.

Agreement between the owner of a ship and the surgeon for a ship.

ARTICLES OF AGREEMENT indented, &c. BETWEEN A. B. of &c. owner of the ship or vessel called the Justina, of the one part, and C. D. of &c. surgeon, of the other part, WITNESSETH, That the said A. B. for the considerations hereinafter mentioned doth covenant, promise and agree, to and with the said C. D. his executors and administrators, that he the said A. B. shall and will, at the said ship's costs and charges, find, provide, and allow unto the said C. D. in the said ship or vessel, during her intended voyage to and and thence to in -and return to and to end her voyage, his lodging in the cabin of the said ship, and likewise his full and necessary provisions, and all other accommodations for his passage in the said intended voyage. And the said C. D. doth hereby for himself, his executors and administrators covenant, promise, and agree to and with the said A. B. his executors and administrators, by these presents, That he the said C. D. shall and will during all the said inten- Between the ow ded voyage, and during her stay and continuance at ner of a ship and any port or places, and until her said voyage shall be ful- ship. ly completed and ended, out of the chest of medicines belonging to the said ship or vessel, and fully provided with every necessary, drugs, and medicine, and instruments of surgery, at the costs and charges of the said A. B. administer and apply the same unto E. F. master of the said ship or vessel, and all other the ship's company and passengers to be received and taken in during all the said voyage, all such medicines in physic and surgery as shall be proper and needful during all the said intended voyage, and according to the best and utmost of his skill and knowledge; and also shall and will during all the said voyage, in case of accidents or otherwise, dó and perform all necessary operations as a surgeon on the said E. F. and on all other the ship's company and passengers. And the said A. B. doth hereby for himself,

the surgeon of a

Respecting a concern with a vessel in copartnership.

his executors and administrators, covenant, promise and agree to and with the said C. D. his executors and administrators, That he the said A. B. his executors and assigns, shall and will pay or cause to be paid unto the said C. D. his executors and administrators, the sum of £- of lawful &c. per month, to commence from the date hereof, for his services on board the said ship or vessel for every month the said ship or vessel shall continue on her said voyage, and until her said voyage shall be fully complete and ended.—(And for the true performance, &c.) IN WITNESS, &c.

AGREEMENTS CONCERNING SHIPS, &c.

Respecting a concern with a vessel in Copartnership. ARTICLES OF AGREEMENT, indented, made, &c. BETWEEN A. B. of &c. the one part, and C. D. of &c. of the other part. WHEREAS the said A. B. hath this day purchased of the said C. D. half part or share of all that -or vessel called the

one

of the burthen of tons or thereabouts, and also one half part or share of all and singular the anchors, cables, ropes, masts, sails, sail-yards, boats, oars, arms, ammunition, apparel, and furniture whatsoever to the said

or vessel belonging, or in any wise appertaining, which or vessel whereof the said C. D. is master, is now employed in trade, as by the bill of sale thereof, reference being thereunto had, will more fully appear. Now this agreement witnesseth, and the said party doth hereby mutually covenant and agree to and with the other of them, his executors and administrators, by these presents in manner following, that is to say, First: the said C. D. doth hereby covenant, promise, and agree, to and with the said A. B. his executors and administrators, that he the said C. D. shall and will from time to time, and at all times so long as he the said C. D. shall continue master of the said or vessel, duly enter or cause to be entered in some convenient book or books, by him the said C. D. to be kept for that purpose, a just and true account of all receipts, payments and disbursements whatsoever by him the said C. D. to be received and paid for and on account of the said or vessel, and the said employment thereof; and shall and will once in every months deliver unto the said A. B. a true and faithful state of the said account or accounts by him to be kept as aforesaid; and also shall and will, on the delivery and statement of the said account or accounts, pay or cause to be paid unto the said A. B. his executors, administrators, or assigns, his the said A. B.'s half part or share of all the profits, benefits, and advantages, that may

in any wise arise and be made by the said

or vessel, and the employment thereof: and the said A. B. doth hereby for himself, his executors, and administrators, covenant, promise, and agree to and with the said C. D. his executors, administrators, that in case loss or damage shall at any time be suffered or sustained by and on account of the said or vessel and the employment thereof, that then, and in such case, the said A. B. his executors, administrators, or assigns, shall and will pay, or cause to be paid, unto the said C. D. his executors, administrators or assigns, when thereunto required (proper vouchers and receipts being first delivered to him or them,) his the said A. B's. one half part or share of all such loss or damage so to be suffered or sustained as aforesaid. And for the true performance, &c, IN WITNESS, &c.

day of

Agreement to ship goods.

memorandum. A. B. of &c. agrees To ship goods.
E. F.

to ship, and C. D. of &c. owner of the ship
master, agrees to receive on board the said vessel

tons of goods, viz.

one half payable

at the rate of £ per ton, -on bill of lading being signed, the other moiety on a right and true delivery of the said goods to the holders of the bills of lading, or to the agents or assigns of the said A. B. in in the island of

WITNESS our hands, &c.

Another. Ship to sail with or without a convoy.

MEMORANDUM made this

day of

of the burthen of

BE

-tons

day

or without con

TWEEN A. B. and C. D. of &c. merchants, and E. F.
of &c. shipbroker, on behalf of the owners of the good
ship or vessel called the
or thereabouts, whereof G. H. is master, now bound on a
voyage to
The said A. B. and C. D. doth hereby
agree to ship, and the said E. F. doth agree to receive
on board the said ship or vessel, on or before the
of- now next ensuing,
chandises, at and after the rate of -
agreed between them, the said A. B. and C. D. and the
said E. F. on behalf of the owners of the said ship or ves-
sel, That of the freight to be paid for the said goods
and merchandises, shall be payable in cash on the bill of
lading being signed, and the other
of the said freight
on a right and truc delivery of the said goods and mer-
chandises on the said Messrs. A. B. and C. D.'s wharf,
at- in the
aforesaid. And the said E.
F. on behalf of the owners of the said ship as aforesaid,
doth further agree with the said A. B. and C. D. `that the
said ship or vessel called the shall sail and proceed

tons of goods and mer- Ship to sail with
And it is voy.
per ton.

of

,

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