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and apparel thereunto belonging, on the other part, witnesseth, that the said A. B. and C. D. have granted and letten to freight, and by these presents do grant and let to freight, all their said part and moiety of the said ship and premises, unto the said E. F. and G. H. for a voyage with her (by God's grace) to be made in manner and form following:

That is to say, that the said A. B. and C. D. for them, their executors, administrators, and assigns, do hereby covenant and grant to and with the said E. F. and G. H. for them, their and each of their executors and administrators by these presents, that the said ship (being already laden) shall, with the first good wind and weather, after the date hereof (God permitting) sail directly from the said river of Thames to the port of Leghorn in Italy, (the perils and dangers of the seas excepted) and there unlade and discharge such goods and merchandizes as shall be directed and appointed by the said E. F. and G. H. or one of them, their, or one of their factors or assigns, in good condition; and from thence shall sail, and take her direct course, as wind and weather shall serve, with as much speed as may be (the perils and dangers of the sea excepted) to Venice, and there shall stay and abide the space of twenty working days, next after her arrival there, to unlade all such goods and merchandizes as shall remain on board for account of E. F. and G. H. after her first delivery at Leghorn as aforesaid; and to relade such goods, wares, and merchandizes as the said E. F. and G. H. or either of them, their or either of their factors or assigns, shall think fit to charge and relade aboard and into the said ship, that is to say, so much as the said ship can conveniently carry, over and above her victuals, tackle, ammunition, apparel, and furniture.

And the said ship with her said lading shall with the first good wind and weather, after the expiration of the said twenty days, sail and proceed from the said city of Venice to London, with the said goods, within the time, &c. In consideration whereof the said E. F. and G. H. for themselves, and either of them, their and either of their executors and administrators, do covenant, promise, and grant to and with the said A. B. and C. D. and either of them, their and either of their executors, administrators, and assigns, by these presents, that they the said E. F. and G. H. or one of them, their, or one of their executors, administrators, or assigns, shall and will well and truly. pay or cause to be paid to the said A. B. and C. D. or one of them, their, or one of their executors or administrators, within the said city of London, for every ton of such wares and merchandizes as shall be laden or unladen in the said ship, during the said voyage, the sum of, &c. (counting the tonnage according to custom; or if a certain sum is agreed for the voyage, out and home, or so much per month) for the part and interest of the said A. B. and C. D. in the said ship, and for, and in respect of the freight and hire of their part of her; which said money is to be paid in manner and form following, that is to say; one third part thereof upon the right discharge of the said ship, and another third part thereof within the space of six weeks then next following, and the remaining third part thereof within the space of two months next ensuing after the end and determination of the said six weeks. And also shall and will pay for demurrage (if any shall be by default of the said E. F. and G. H. their factors or assigns) the sum of per day, daily, and every day, as the same shall grow due.

-And the said A. B. and C. D. for them, and either of them, their and either of their executors and administrators, do covenant and grant to and with the said E. F. and G. H. their executors and administrators, by these presents, that the said ship, for their part, shall be strong and staunch, and well and sufficiently tackled and apparelled, with sails, sail-yards, anchors, cables, ropes, gun-shot artillery, gunpowder, and all other instruments, tackle, and apparel, needful and necessary for such a ship and for such a voyage, together with an able master, and sufficient number of mariners.

And to the performance of all, and every the covenants, grants, articles, and agree.

Bills of
Lading.

W. B.

ments, on the parts, and behalfs of every of the said parties, truly to be holden, performed, and kept, in all things as is aforesaid, the said parties to these presents, do bind themselves to one another: that is to say, the said A. B. and C. D. do by these presents bind themselves, and either of them, and their several executors and administrators, goods, and their part and interest in the said ship, with the furniture thereof, to the said E. F. and G. H. and to their executors and administrators; and the said E. F. and G. H. do in like manner bind themselves, and either of them, their and either of their executors, administrators, and assigns, and all their goods and interest in the said ship, to the said A. B. and C. D. their executors and administrators, in the sum or penalty of one thousand pounds, of lawful money of Great Britain, by the party or parties infringing the said covenants, or any of them, to the other party or parties truly observing, to be paid by virtue of these presents.

If before the departure of the ship there should happen an embargo, occasioned by war, reprisals, or otherwise, with the country to which the ship is bound, so that she cannot proceed on her voyage, the charterparty shall be dissolved without damages or charges to either party, and the merchant shall pay the charges of unlading his goods; but if the restraint arises from a difference between the parties themselves, the charterparty shall still remain valid in all its points.

If the ports be only shut, and the vessels stopped for a time, the charterparty shall still be valid, and the master and merchant shall be reciprocally obliged to wait the opening of the ports, and the liberty of the ships, without any pretensions for damages on either side.

However, the merchant, at his own charges, may unlade his goods during the shutting up of the port, upon condition either to relade them, or indemnify the master. The great variety of circumstances which different voyages occasion, naturally produce a correspondent diversity in charterparties; and were I to quote a series of all that offers on this head, I should greatly exceed the limits I have prescribed myself. I therefore the rather omit it, as from those preceding others may be formed, to answer every purpose required; I shall, therefore, to what has already been said about freight, add here the copy of a bill of lading, which is a writing wherein masters of ships acknowledge the receipt of goods aboard, and oblige themselves to deliver the same in good order and condition at the place where they are consigned to. There must always be three made out, and in England they are to be on stamped paper, otherwise they are invalid, of which, one should be remitted per first post after signing to the person the goods go to, the second remain with the shipper, and the third, made out on an unstamped paper, be given to the master for his government, in ascertaining the specific merchandize he has on board.

The Form of a Bill of Lading, viz.

Shipped in good order by A. B. merchant, in and upon the good ship called No. 1 a 10. whereof C. D. is master, now riding at anchor in the river of Thames, and bound for Alicant in Spain, ten bales, containing fifty pieces of broad cloth, marked and numbered as per margin, and are to be delivered in the like good order and condition at Alicant aforesaid (the dangers of the sea excepted) unto E. F. merchant there, or to his assigns, he or they paying for the said goods per piece freight, with primage and average accustomed. In witness whereof the master or purser of the said ship hath affirmed to three bills of lading of this tenor and date, one of which bills being accomplished, the other two to stand void. And so God send the good ship to her designed port in safety. Amen. Dated at London.

The difference between a bill of lading and a charterparty is, that the first is required and given for a single article or more, laden on board a ship that has sundry merchandize shipped for sundry accounts. Whereas a charterparty is a contract for the whole ship. Bills of lading ought to be signed by the master within twenty-four hours after the delivery of the goods on board. But upon delivery of the goods, the master, or other person officiating for the master in his absence, is to give a common receipt for them, which is to be delivered up, upon the master's signing the bills of lading.

Upon delivering the goods at the port of destination to the shipper's factors or assigns, giving up the bill of lading sent to the factors or assigns is not a sufficient discharge, but the master may insist upon a receipt..

Demorrage, or demurrage, is an allowance made to the master of a ship by his freighters, for staying longer in a place than the time first appointed for his departure, or his stay at the delivering ports; and is generally inserted in the charterparty to be paid daily as it becomes due; the days are always limited, so that on expiration thereof, and protests duly made, the master is at liberty to proceed, as is before mentioned. The price is regulated by the burthen of the ship.

Bottomry is the act of borrowing money upon the keel or bottom of a ship by engaging the vessel for the re-payment, so that in case she miscarry, the lender loses his money, though, if she finishes her voyage and arrives in safety, the borrower is to re-pay the loan with a premium or interest agreed on (which is always adequate to the risk) and if this is denied, or deferred, the lender shall have the ship.

Bottomry is likewise called fanus nauticum, pecunia trajectitia, and sometimes usura marina, though improperly, for notwithstanding the interest in these contracts is always much larger than that the law prescribes for monies lent on landed securities, yet it is never accounted usury, as marine loans are furnished at the hazard of the lender, which the others are not; and where the risk is greatest on the advanced monies, the profit ought reasonably to be so too.

Money lent on bottomry is commonly on the ship only, though sometimes it is upon the person of the borrower, and sometimes on both; the first is where a man takes up money, and obliges himself, that if the ship agreed on arrives at such a port, then to re-pay the loan, with the interest stipulated, but if the ship miscarry, then nothing. But Sea Laws, when money is lent at interest, it is delivered at the peril of the borrower, and the pro- 206, 205. fit of this is merely the price of the loan; whereas the profit of the other is a reward for the danger and adventure of the sea, which the lender takes upon himself, and makes Jacob's the interest lawful. Usura marina joins the advanced money and the danger of the Law Dicsea together; and this obligatory sometimes to the borrower's ship, goods, and person. tionary. The interest on bottomry may amount to 30 or 40 per cent. and yet not fall within Ditto. the statute of usury. As thus, 5 per cent. for the legal interest of the principal sum advanced, 15 per cent. for the hazard of the voyage outwards, 10 per cent. for the hazard of the return home, or more, according to the agreement, and it is to be remembered, that the lender will consider the premium or price for insuring the principal at home, whether he pays it, or takes it upon himself.

Where bills or bonds of bottomry are sealed, and the money is paid, if the ship receives injury by storm, fire, &c. before the beginning of the voyage, then only the person borrowing runs the hazard, unless it be otherwise provided; as that, if the ship shall not arrive at such a place, at such a time, &c. there the contract hath a beginning, from the time of the sealing: But if the condition be, that if such ship shall sail from London to any port abroad, and shall not arrive there, &c. then, &c. there the contin gency hath not its beginning till the departure.

A master of a ship may not take up money on bottomry in places where his owners reside, except he be a part owner, and then he may only take up as much as his share.

Salk. 35.

2 Mod.

Cases 19.

10 Car. 2. cap. 6.

19 Geo. 2.

c. 37. p.

569.

21 Geo. 2. P. 76.

P. 17.

in the ship will answer; for if he exceeds that, his own estate is liable to make satisfaction; but when a master is in a strange country, where there are no owners, nor any goods of theirs, or of his own, and for want of money he cannot perform his voyage, he may in this case take up money on bottomry, and all the owners are chargeable thereto; but this is understood, where money cannot be procured by exchange or any other means: and in the first case, the owners are liable by their vessel, though not in their persons; but they have their remedy against the master.

Some masters of ships, who had insured or taken up money on bottomry, to a greater vale than their adventure, having made it a practice to cast away and destroy the ships under their charge, it is made felony, and the offenders to suffer death.

By another statute it is enacted, that after the 1st of Augusty 1746, every sum lent. ou bottomry, or at respondentia, upon any subject's ship to, or from the East Indies, shall be lent only on the ship, or the merchandizes laden on board her, and so expressed in the condition of the bond, and the benefit of salvage shall be allowed to the lender, his agents, &c. who alone shall have a right to make assurance on the money lent; and no borrower of money on bottomry, or at respondentia, as aforesaid, shall recover more on any assurance than the value of his interest on the ship or effects, exclusive of the money borrowed. And if the value of his interest doth not amount to the money borrowed, he shall be responsible to the lender for the surplus, with lawful interest for the same, together with the assurance and all charges, &c. notwithstanding the ship and merchandize be totally lost.

All his Majesty's subjects were prohibited during the continuance of the late war to lend money on bottomry or respondentia, on any ships or goods belonging to France, or to any of the French dominions or plantations, or the subjects thereof, and in case they did, the contracts and agreements to be void, and they or any agent or broker interfering therein was to forfeit 5001. &c.

Some have practised the taking up monies on a fictitious supposition, the condition reciting, whereas there is such a ship (naming her) bound to Amsterdam, whereof such a man is master (although there be neither such a ship or master existing) that if that ship shall not arrive at such a place within twelve months, the money agreed on shall be paid; but if the ship shall arrive, then nothing; this is an unreasonable way of raising money copied from the Italians; and though it is also very unconscionable, and, as to eternal right, unjust; yet it has had a currency between the necessitous and avaricious part of mankind, and it was adjudged † that such a contract was good, according to the common law of this realm, and that on a special verdict; but though it has this sanction, yet the prohibiting insurance, interest or no interest (as by the afore-recited act) will tend to render it at least less practicable, if not utterly to destroy it.

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To all people to whom these presents shall come, I A. B. of, &c. owner and master of the ship called, &c. of the burthen of two hundred tons, now riding at, &c. and bound for, &c. in the West Indies, send greeting; whereas I, the said A. B. am at this time necessitated to take up, upon the adventure of the said ship, called, &c. the sum of 1001. for setting forth the said ship to sea, and furnishing her with provisions for the said voyage: which C. D. of, &c. merchant, hath on request lent unto me, and supplied me with, at the rate of 201. for the said 1001. during the said voyage: Now, know ye, that I the said A. B. do by these presents for me, my executors and administrators, covenant and grant to and with the said C. D. that the said ship shall with the first fair

*Hob. 12. Mo. 918 Noy. 95. Latch 252. Salk. 34. Lex. Merc. 102, 122.

+ C. B. Hil. 22, 23. Car. 2

wind, after the day, &c. depart from the river Thames, and shall, as wind and weather shall serve, proceed in her voyage to, &c. in the West Indies; and having there tarried until, &c. and the opportunity of a convoy (if in time of war) or being sooner dispatched (which shall first happen) shall return from thence, and shall as wind and weather shall serve, directly sail back to the river of Thames, to finish her said voyage: And I the said A. B. in consideration of the said sum of 100l. 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, with the freight, tackle and apparel of the same, to pay unto the said C. D. his executors, administrators, or assigns, the sum of 1201. of lawful British money, within one and twenty days next after the return and safe arrival of the said ship, in the said river of Thames, from the said 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 delivery of these presents, am true and lawtul owner, and master of the said ship, and have power and authority to charge and engage the said ship, as aforesaid; and that the said ship shall at all times, after the said voyage, be liable and chargeable for the payment of the 1201. 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 next arrival in the said river of Thames, from the same intended voyage, that then the said payment of the said 1201. 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 con tained, on the part and behalf of the said A. B. shall be void; any thing herein contained to the contrary notwithstanding. In witness, &c.

Of Ballast.

Case, Leon,

Though ballast has been adjudged to be no part of a ship's furniture, yet it is so res Linter's quisite to the sailing of most vessels, as to render an enquiry into its cost, and the laws 6.47. about it, very necessary, while treating on maritime affairs. It generally consists of sand, gravel, or stone, though any heavy matter answers the purpose, which is to sink the vessel to its proper depth in the water, or so to adjust weight and counterpoise, as to enable her to bear sail without oversetting.

All masters of ships, lying in the river of Thames, shall pay to the corporation of 6 Geo. 2.. Trinity House, for all ballast demanded and entered at the ballast office, the rates fol. c. 29. s... lowing, viz. for every ton consisting of twenty hundred weight, carried to any ship em ployed in the coal trade, 12d. and for every ton carried to any other British ship 15d. and for every ton carried to any foreign ship 19d. And the corporation of Trinity House shall pay for the raising and carrying every ton of ballast, 9d. whereof 6d. shall be paid to the two ballastmen, and 3d. for the use of the lighters. Nothing in this act shall alter the price of washed ballast.

Ditto s. 2.

If any ballastman shall deliver any ballast, which shall fall short of quantity; or shall Ditto, s. 3). neglect to deliver to any ship such quantity as the rulers of the ballast office shall by their usual tickets direct; or shall deliver more, or other ballast than shall be directed, every ballastman so offending, and oath being made of the fact within ten days after the offence, or within ten days after the next return of such ship, by the master, or other officer of any such ship, before any supervisor of the ballast office, being an elder bro

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