execution for the said sum of £500, and also for the said sum of £1000, Vol. III. Ch. VI. or so much thereof as the said A. B. shall or may have paid, or shall be liable to pay at the time of issuing such execution, together with the costs of such judgment and execution, sheriffs' poundage, officers' fees, and all other incidental expences: And it is hereby further agreed, that it shall not at any time or times hereafter be necessary to revive the said judgment previous to issuing execution thereon, any rule or practice of the court of common pleas to the contrary notwithstanding. Witness, E. F. C. D. Mr. A. B. You having at my request, and for my accommodation, accepted a bill, dated, &c. and drawn by me on you for the sum of £-, payable months after the date thereof, I hereby undertake and agree to provide and deliver to you money for the payment thereof days before the same shall become due, and to indemnify you from all damages, interest, costs, charges, and expences, on account of your having so accepted the said bill. Dated this A. D. 1823. day of Undertaking, not under Seal, to provide for a Bill, and indemnify.(1) · C. D. This present writing witnesses, that I A.B. of London, merchant (or banker), do undertake, to or with C. D. of, &c. merchant, his executors and administrators, that if the said C. D. do deliver or cause to be delivered unto E. F. of, &c., or to his use, any sum or sums of money amounting to the sum of, &c. pounds sterling of lawful British money (or any sum or sums of money as the said E. F. shall have occasion for), and shall take a bill under the hand and seal of the said E. F. confessing and shewing the certainty thereof; that then I, my executors and administrators, having the same bill delivered to me or them, shall and will, immediately upon the receipt of the same, pay or cause to be paid unto the said C. D., his executors or assigns, all such sums of money as shall be contained in the said bill at, &c., for which payment in manner and form aforesaid I bind myself, my executors, administrators, and assigns, by these presents. In witness, &c. Mr. E. F. London, May Sir, My last to you was of the 12th of March, wherein I wrote what was needful, in answer to yours of the 10th of the same month; and this serves chiefly to desire you to furnish and pay unto Mr. C. D., English gentleman, to the value of two thousand crowns, at one or more times, according as he shall have occasion for it, and request the same of you, taking his receipts or bills of exchange for the monies which you shall so furnish him with, and put it to my account, and this my letter of credit shall be your sufficient warrant for so doing. To Mr. E. F. merchant at Madrid. Yours, &c. A. B. Form of a Bill or Letter of Credit. (2): The like, in another Form. (1) If the bill exceeds £20, this requires an agreement stamp. (2) See Montefiore, 369, and ante, 3d vol. 336, &c. Vol. III. Ch.VII. CHAP. VII. Of Stoppage in Transitu. [There are no Forms in this Volume applicable to this Subject.] Vol.II.Ch. VIII. Usual Form of not be liable for Loss of Parcels above the value of £5, unless entered and paid for as such. (1) The like in an CHAP. VIII. Of Bailees; viz., Innkeepers, Warehousemen, Wharfingers, and Carriers by Land. Take notice, that the proprietors of the public carriages who transact their business at this office will not be answerable for any package containing cash, bank notes, bills, jewels, plate, watches, lace, silks, or muslins, however small the value, nor for any other package which with its contents shall exceed £5 in value, (2) if lost or damaged, unless the value be specified, and an insurance be paid over and above the common carriage, when delivered here, or to any of their offices or agents in the different parts of the kingdom. Public Notice. The proprietors of the London and Salop Waggons give this public notice other Form. (3) that they will not be answerable for cases, bank notes, writings, jewels, plate, watches, lace, silk, hose, wool, muslins, china, glass, paintings, or any other goods of whatever nature or kind soever, above the value of five pounds, (4) if lost, stolen, or damaged, unless a special agreement is made, and an adequate premium paid over and above the common carriage; such value to be specified and entered at the time of the delivery here, or at any of their offices or agents in the different parts of the kingdom. Carrier's Notice, subjecting him to Liability to Extent of £5 (5). Messrs. B. and Co., Proprietors. Take notice, that no more than £5 will be accounted for, for any goods or parcels delivered at this office, unless entered as such, and paid for accordingly. CHAP. IX. Charterparties, Bills of Lading, &c. London, 1st May, 1823. Memorandum for 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 Vol. III. Ch. IX. tons or there- Memorandum of or so Agreement for abouts, now lying in the port of London, and C. D. of that the said vessel being tight, staunch, strong, and every way fitted for the Form. (1) voyage, shall with all convenient speed sail and proceed to near thereto as she can safely get, for the purpose of loading from the factors Sea-worthiness of the said merchant a full and complete cargo of which the said of Ship. merchant binds himself to furnish and bring alongside the said vessel there; Furnishing and and the said master shall there load and stow on board the said vessel such loading Cargo. 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 Carriage and Debeing so loaded with the said goods, the said master shall with all convenient livery thereof. speed proceed therewith to the port of or so near thereunto as she of 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 Exception. 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 £ the freight to be paid on Freight and De unloading and right delivery of the cargo. The said merchant to be al- murrage.. lowed lay or running days (if the ship be not sooner dispatched) and for unloading the same at days on demurrage, over and above her lay per day. The penalty for non-performance of Penalty.. this agreement on either side to be £ for loading the said cargo at and to detain the said ship days, at the rate of A. B. London, May 14th, 1818. Memorandum for charter. It is this day mutually agreed between J. T. master of the good ship or vessel called the Salus, A. I., of the burthen of 164 tons or thereabouts, now in the river Thames, and Messrs. T. A. and H. of Hambro', merchant; that the said ship being tight, staunch, and strong, and every way fitted for the voyage, shall, with all convenient speed, load from the factors of the said merchants of Hambro', after the inward cargo shall be discharged, from six to seven hundred quarters of wheat, beans, or pease, or barley, rye, or oats, not exceeding seven hundred quarters, or other goods in proportion to the above amount, in case the said affreighters should not have grain to ship, not exceeding what she can reasonably stow and carry over and above her tackle, apparel, provisions, and furniture; and being so loaded, shall therewith proceed to London, or so near thereunto as she may safely get, and deliver the same on being paid freight, viz., three shillings and sixpence per quarter for wheat, beans, or pease, or three shillings per quarter for barley, rye, or oats, with ten per cent. primage. (Restraint of princes and rulers during the said voyage always excepted (2). Freight to be paid on a right and true delivery of the cargo. Ten days are to be allowed the said merchant (if the ship is (1) As to this instrument, stamp, &c. see ante 3 vol. 388.; and see other forms, Montefiore, 240. 2 Holt on Shipping, 427. (2) It is better to have a more extensive qualification of the carrier's liability; see last precedent. The like in an other Form, where Vessel to load a Cargo of corn at Hambro', for London. Vol. III.Ch. IX. not sooner dispatched) for loading the said ship at Hambro' and ten days for unloading at London, and ten days on demurrage over and above the said laying days, at £5 5s. per day. Penalty for non-performance of this agreement, one hundred pounds. The master agrees to sail in eight days from London, and the affreighters agree that the master has liberty to fili up his vessel with light goods after the seven hundred quarters of grain are on board, and to use all dispatch in proceeding on his voyage. The affreighters to find the necessary mats for dunnage. Common Form of under Seal for a Voyage from London to and back. (1) Fitting the Ship for her outward Voyage. Loading the J. T. T. A. and H. day of This charterparty of affreightment, indented and made the a Charter Party in the year of our Lord between A. B. owner [or master] of the ship or of Affreightment vessel called the, of the burthen of tons or thereabouts, now lying in the port of London, of the one part, and C. D. of London, merchant, freighter of the said ship or vessel of the other part, witnesseth, that the said owner [or master] for the considerations herein-after mentioned, hath granted, and to freight letten, and by these presents doth grant and to freight let, unto the said merchant, (who hath accordingly hired and taken to freight, and by these presents doth hire and take to freight), the said ship or vessel for the voyages, and upon the terms and conditions fol lowing, (that is to say), The owner of the said ship or vessel [or the said master] shall and will forthwith render the said ship or vessel tight, staunch, strong, properly rigged, sufficiently manned, and in every respect fit for navi gation, and to perform the outward and homeward voyages hereinafter mentioned; and shall thereupon with all convenient speed receive on board, load, and stow in a regular and proper manner all such goods and merchandizes as shall or may be sent by the said freighter alongside the said ship or vessel in the said port of London, not exceeding what the said ship or vessel can conveniently and safely carry over sea, besides her provisions, tackle, and appurtenances, (the master's cabin and the usual and necessary room for the ship's crew excepted); and being so laden, and being also dispatched, the said master shall and will, with the then first favourable wind and opportunity, set sail and depart without delay in the said ship or vessel from the said port of London, and proceed with the next convoy to the port of, and upon his arrival there, address himself to the agents or corre spondents of the said freighter; and, as soon after as may be, make discharge and right and true delivery of the said goods and merchandizes unto the agents, correspondents, or assigns of the said freighter, according to the Refitting for the bills of lading, and so to end of the said outward voyage. And, after delivery Homeward Voy- of the said outward cargo as aforesaid, the said master shall and will forthwith render the said ship or vessel in all respects fit to receive her homeward cargo, and perform her homeward voyage. And the said master shall and will thereupon, with all convenient speed, receive on board, load, and stow in a regular and proper manner all such goods and merchandizes as shall and may be sent alongside the said ship or vessel at the said port of Sailing of the Delivery of the age. Loading of Sailing on by the said freighter, his correspondents or agents, not exceeding what the said vessel can conveniently and safely carry over sea (besides and except as herein-before mentioned and excepted); and being so laden, and being also again dispatched, the said master shall and will with the then first favourable wind and opportunity, without delay, set sail and depart from the said last-mentioned port in the said ship or vessel, and proceed therewith direct to the said port of London; and upon arrival in the London Docks, (1) As to this instrument, &c., see ante, 3 vol. 388, &c. Homeward Cargo. Exceptions. Masters Cove nant not to take make discharge and right and true delivery of the said homeward cargo, Vol. III. Ch. IX. unto the said freighter or his order, according to the bills of lading; and so end the said homeward voyage, (the acts of God and the King's enemies, Delivery of the the dangers and accidents of the seas, rivers, and navigation, the restraints and detentions of kings, princes, rulers, and republics, and all and every other unavoidable dangers and accidents, excepted). And the owner (or master), for himself, his executors and administrators, doth hereby covenant, promise, and agree, to and with the said freighter, his executors and admiany Goods, &c. nistrators, that the said master shall not nor will, in either the said outward but Freighters. or homeward voyage, take or load on board, or suffer to be taken or loaden on board the said ship or vessel, any goods, merchandizes, packets, letters, or parcels whatever, from any other person or persons whomsoever, other than the said freighter, without his consent and permission, or the consent and permission of his agents, correspondents, or assigns, in writing for that pur pose first had and obtained. And the said freighter, for himself, his execu- Freighter covetors and administrators, doth hereby covenant, promise, and agree to and nants to procure with the said master, his executors and administrators, that he the said Cargoes, &c. freighter shall and will procure, and cause to be sent alongside the said ship or vessel, to be loaded on board thereof, such outward and homeward cargoes as aforesaid, and procure the necessary licences for the same. And To pay Freight. also, that he shall and will well and truly pay or cause to be paid unto the said owner [or master] his executors or administrators, the sum of £• in full for the freight of the said outward cargo, upon the right and true delivery thereof; and the sum of £- in full for the freight of the said homeward cargo, upon the right and true delivery thereof as aforesaid. And Primage and which said sums of money shall be in entire satisfaction, and in lieu of all Average, &c. primage and average, pilotage, and port charges whatever, for the said outward and homeward voyages. And it is hereby covenanted and agreed, by and between the said parties, that the said merchant shall be allowed lay or running days in the whole, for loading and unloading the said outward and homeward cargoes, to commence and be computed from and exclusive of the days after the said master shall be ready to take in and discharge his said respective cargoes, and notice given thereof to the freighter, his agents, correspondents, or assigns. And it is further agreed by and Demurrage. between the said parties, that it shall be lawful for the said freighter, or his agents, correspondents, or assigns, to keep and detain the said ship or vessel on demurrage, for the space of- working days, over and above the before-mentioned running or lay days, upon paying the said master, his executors or administrators, at the rate of £- sterling per day for each and every of the said days of demurrage. And it is hereby further mutu- Liberty to send ally covenanted and agreed by and between the said parties, that the said on board a Sufreighter shall be at liberty to place and send on board the said vessel a supercargo during the said voyages, for whose passage the said master shall make no charge whatever (the said supercargo, however, finding and providing himself in all necessaries during the said voyages); and for the due Penal Clause. performance of all and singular the covenants, conditions, and agreements herein contained, the said parties mutually bind themselves, their executors and administrators, in the penal sum of £ firmly by these presents. In witness whereof the said parties have hereunto set their hands and seals, in London, the day first above written. Signed, sealed, and delivered, being first duly stamped, in the presence of E. F. A. B. (L. s.) percargo. |