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 hereinafter-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 following, (that is to say) The owner of the said ship or vessel [or the said master] shall and will Fitting the forthwith render the said ship or vessel tight, staunch, strong, properly ship, for her rigged, sufficiently manned, and in every respect fit for navigation, and outward voyto perform the outward and homeward voyages hereinafter-mentioned; and shall thereupon with all convenient speed receive on board, load, and Loading the stow in a regular and proper manner all such goods and merchandises as goods.. 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 age. for the ship's crew excepted) and being so laden, and being also de- Sailing of the spatched, the said master shall and will, with the then first favourable ship. 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 his arrival there address himself to to the port of and upon the agents or correspondents of the said freighter; and, as soon after as Delivery of the may be, make discharge, and right and true delivery of the said goods outward cargo. and merchandises unto the agents, correspondents, or assigns of the said freighter, according to the bills of lading, and so to the end of the said outward voyage. And, after delivery of the said outward cargo as afore- Refitting for said, the said master shall and will forthwith render the said ship or the homeward vessel in all respects fit to receive her homeward cargo, and perform her voyage. homeward voyage. And the said master shall and will thereupon, with all convenient speed, receive on board, load, and stow in a regular and Loading of proper manner all such goods and merchandises as shall and may be sent homeward alongside the said ship or vessel, at the said port of by the cargo. 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 Sailing on also again despatched, the said master shall and will with the then first homeward favourable wind and opportunity without delay, set sail and depart from voyage. 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, make discharge and right and true delivery of the said home- Delivery of the ward cargo, unto the said freighter or his order, according to the bills homeward of lading; and so end the said homeward voyage, (the acts of God and cargo. the King's enemies, the dangers and accidents of the seas, rivers, and Exceptions. 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 administrators, that the said master shall not, nor will, in either the said outward or homeward voyage, take or load on board, or suffer to be taken or loaden on board the said ship or vessel, any goods, merchandises, 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 Master's cove nant not to take any goods, &c. but freight ers. cure cargoes, &c. Primage and average, &c. Freighter cothat purpose, first had and obtained. And the said freighter for himvenants to pro- self, his executors and administrators, doth hereby covenant, promise, and agree to and with the said master, his executors and administrators, that he the said 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 To pay freight. licences for the same. And 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 which said sums of money shall be in entire satisfaction, and in lieu of all 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 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 mutually covenanted and agreed by and between the said parties that the said freighter 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 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. Demurrage. Liberty to send on board a supercargo. Penal clause. Signed, sealed, and delivered, A. B. (L.S.) No. VIII. The Form of a Bill of Lading. N. B. shipped, in good order, and well conditioned, by A. B., mer- Bill of lading. chant, in and upon the good ship called whereof C. D. is the goods following, viz. [here describe the goods] marked and numbered as per margin, to be delivered in the like good order and condition at master, now in the river Thames, and bound for Rate of freight, aforesaid, (the acts of God, the King's enemies, fire, and all and every Exception. other dangers and accidents of the seas, rivers and navigation, of whatever nature and kind soever excepted,) unto the said A. B., or his assigns, he or they paying freight for the said goods at the rate of per with primage and average accustomed. In witness whereof I the said master, of the said ship, have affirmed to three bills of lading of this tenor and date; any one of which bills being accomplished, the other two are to be void. &c. Dated at London, this day of 1824. INDEX TO THE NAVIGATION LAWS. PART I. The Index to Parts II. and III., viz., Part II. Of Merchant A. AFRICAN Company, 100 Sierra Leone Company, 101 AMERICA, 80 of shipping goods from America, 81, 82, 83 of the trade with America, 89 built of ships and seamen, produce, &c. 90 ships importing to, and exporting from Bermuda, Bahama, &c. general rules for exporting and importing American goods, 82 AMERICA, (SOUTH) 89 ASIA, AFRICA, AND AMERICA, trade with (Chapter I. passim) 80 of the ports of shipping in this trade, 90 And see Chap. I. passim, and title East India Company, and |