be

Vol. III. Ch. IX. administrators, and for the other owners of the same ship or vessel, do further covenant, promise, and agree to and with the said united company, their suc cessors and assigns, by these presents, in manner and form following; that is to say, that neither they the said and the other owners or part owners of the said ship.or vessel, or any or either of them, or any other person or persons whatsoever, for their or either of their use or account, have or hath at any time or times heretofore, by any ways or means whatsoever, directly or indirectly sold the command of the said ship, or the privileges, emoluments, or advantages of that station; nor have or hath accepted, taken, or received, or been allowed, or contracted or agreed for receiving or being allowed, nor shall or will at any time or times hereafter, by any ways or means whatsoever, directly or indirectly sell the command of the said ship, or the privi leges, emoluments, or advantages of that station; or accept, take, receive, or be allowed, or contract or agree to receive or be allowed, any gratuity or consideration for the appointment of the said —, or any other person or persons, to the command of the said ship or vessel, or for or in respect of the privileges, emoluments, and advantages of that station; but that the appointment of the said to the said command hath been, and all other appointments to be made to such command, and to the privileges, emoluments, and advantages of that station, shall be gratuitous, without any fee, reward, or consideration whatsoever, other than the faithful services of such commander in his station, for the ordinary wages and allowances of such station. And in case it shall hereafter appear that any thing bath been or shall be done or caused to be done by any owners or part owners of the said ship or vessel respecting the sale of the appointment of a commander, or of such privileges and advantages as aforesaid, contrary to the true intent and meaning of these presents, then and in such case it shall and may lawful to and for the court of directors for the time being of the said united company, by notice in writing from the secretary of the said united company, to discharge the said ship or vessel from the service of the said united company, in such manner and at such time as in such notice shall be expressed; and the said united company, and also the owners of the said ship, shall from thenceforth respectively stand discharged from this charterparty, and from all other agreements whatsoever with respect to the future employment of the said ship; but nevertheless each party shall remain liable to the performance of their charterparty in every respect up to the time of such discharge. And moreover, if any thing shall be done or caused to be done by any owner or part owner of the said ship respecting such appointment of a commander, or such privileges and advantages as aforesaid, contrary to the true intent and meaning of these presents, then and in every such case the said part owners, party hereto, shall pay damages to the said company for such breach of covenant, at and after the rate of double the amount or value of the gratuity or consideration for which the said command, or the said privileges, emoluments, and advantages, shall be sold or agreed to be sold, or which shall be accepted, taken, received, or allowed, or contracted, or agreed to be accepted, taken, received, or allowed, for such appointment, or for or in respect of such privileges, emoluments, or advantages as aforesaid, contrary to the true intent and meaning of these presents, which said damages shall be paid in money, or at the option of the said company shall be set off and retained by the said united company out of any money due for the freight, demurrage, or earnings of the said ship. And the said, the said conmander of the said ship or vessel called the, for himself, his heirs, executors, and administrators, doth covenant, promise, and agree to and with the said united company, their successors and assigns, by these presents, in manner and form following; that is to say, that neither the said other person or persons whomsoever to his use or on his account, hath or have, in any way or manner whatsoever, subsequent to the same 18th day

or any

of May 1796, directly or indirectly bought, paid, given, or allowed, or con- Vol. III. Ch. IX. tracted, agreed, or promised to buy, pay, give, or allow, nor shall or will at any time or times hereafter, in any way or manner whatsoever, directly or indirectly pay, give, or allow, or contract, agree, or promise to pay, give, or allow, to any person or persons whomsoever, any gratuity or consideration whatsoever for the appointment of him the said to the command of the said ship or vessel, or for or in respect of the privileges, emoluments, and advantages of that station; but that the appointment of him the said

as such

to the said command, and to the said privileges, emoluments, and advantages, hath been gratuitous, without any fee, reward, or consideration whatsoever, other than the faithful service of him the said commander as aforesaid, for the ordinary wages and allowances of that station: And also, that he the said or any other person or persons whomsoever, to his use or on his account, shall not nor will, at any time or times hereafter, in any way or manner whatsoever, directly or indirectly sell the said command, or the privileges, emoluments, and advantages belonging thereto, to any owner or owners of the said ship, or any future commander thereof, or to any other person or persons, for their or any of their use and account, other than and except the sale of his private trade, goods, and privileges, for a full and adequate consideration in the ordinary course of such trade, nor shall or will accept, take, receive, or be allowed, or contract, promise, or agree to accept, take, receive, or be allowed, any gratuity or consideration whatsoever for resigning or quitting the said command, or for resigning or quitting the privileges, emoluments, or advantages thereof to any other commander of the said ship, or for any interest or influence of him the said to get any other person or persons appointed thereto : And also, that in case it shall hereafter appear that any thing hath been or shall be done or caused to be done by the said respecting the purchase or sale of the said command, or the said privileges, emoluments, or advantages, or any way relating thereto, contrary to the true intent and meaning of these presents, then and in every such case the said shall pay damages to the said united company for such breach of covenant, at and after the rate of double the amount or value of the gratuity or consideration paid, received, or allowed, or contracted to be paid, received, or allowed, for or in respect of every such breach of covenant as aforesaid, which said damages shall be paid to the said united company in money, upon demand thereof, or at the option of the said company shall be set off and retained by the said united company out of any goods in the hands of the said company, or any money due from the said united company, or from the owners of the said ship to the said wages, private trade, or otherwise. And it is hereby agreed by and between the parties to these presents, and particularly the said part owners for themselves and the other owners of the said ship, and the said master for himself, do hereby respectively consent and agree, that it shall and may be lawful to and for the said united company from time to time to file any bill or bills in equity against the said owners and master, their executors or administrators, or any other person or persons whatsoever claiming under or acting for them, for a discovery of every breach of covenant respecting the sale, purchase, appointment, or resignation of any such command as aforesaid, or the privileges, emoluments, and advantages of that station, and all circumstances relating thereto; and upon the said united company in such bill waving all penalties and demands, other than the said stated damages, the party or parties against whom the same shall be filed shall and will put in a full and perfect answer thereto upon oath, and make the discovery required, and shall not nor will demur or plead thereto, or seek to avoid answering the same by reason or under pretence that the same may subject them to a penalty, or upon any such like ground. And it is hereby further agreed, that neither the said master, nor the master for the time being, or part owners or any other part owners of the said ship, shall or will sell, or wittingly or willingly permit

for

No Office in the

Ship to be sold.

Penalty.

Ship to carry and pay for Commission.

Vol. III. Ch. IX. or suffer any other person to sell, to any officer of the said ship, his or their place or places, office or offices, nor shall nor will take, exact, have, or receive, or wittingly or willingly permit any other person to take, exact, have, or receive, any money, gratuity, or any promise, agreement, service, or reward whatsoever, directly or indirectly, for in respect of any place or office in or belonging to the said ship, or for relinquishing or giving up any office or place in the said ship to any other person or persons in or for any future voyage of the said ship, or for admitting any officer or officers, or other person or persons, to go in the said ship in this or any future voyage; and in case the said part owners, or any of them, or the master for the time being, shall offend against the true tenor and meaning hereof, the money or gratuity so received, and the promise, agreement, service, or reward made, paid, or given, shall be considered as received by and made and given to the said part owners and master, for the use of the said united company, and the said part owners and masters who shall offend in the premises (and such offending party or parties only) shall account for, pay, and deliver to the said united company all and every such monies or gratuities so received, and all and every such promises, agreements, services, and rewards so made, paid, or given, or the full value thereof, together with interest for the same, to be recovered by action at law or by suit in equity, whereto the defendants, by answer, shall make a full discovery respecting the monies or gratuities so received, and the promises, agreements, services, and rewards so made, paid, or given, and shall not nor will demur or plead in bar to the discovery or relief sought thereby. And whereas it is convenient that all ships freighted by the said united company should carry his majesty's commission, or a commission from the lord high admiral of Great Britain, or the lords commissioners of the admiralty for the time being, or both of them; it is hereby agreed by and between the parties to these presents, that the said ship shall carry such commission or commissions, in case the same can be had or procured, according as the said company shall judge proper and direct; and such commission or commissions shall be procured and paid for by the said part owners. And the said part owners and master do, in manner aforesaid, further covenant, that the said master, and the master for the time being of the said ship, shall, before the said ship's departure from the Hope, put up in the most visible place thereof, for the information or encouragement of all the mariners, an order in words or to the effect following; that is to say, "The court of directors of the united company of merchants of England trading to the East Indies, being willing to encourage the mariners of all their ships to be just to the said company, and careful of their effects and trade, and observant of all injuries done or doing thereto; as also to animate them to defend their said ships and their estates on board in case they should be assaulted by an enemy; do hereby declare, that they will allow and pay the following rewards, at the return of the ship from the East Indies into the river Thames, and finishing this present voyage; that is to say, to every seaman that shall prevent any wilful and malicious damage to any part of the said company's effects, or shall save the same from being lost, a reward suitable to their merit therein; to the widow, children, father, or mother of every seaman that shall lose his life in defence of the ship as aforesaid, thirty pounds; to every seaman that shall lose a leg or arm, or both, in such defence, thirty pounds; to every seaman that shall receive any other wound, such sum of money as the said court of directors shall think fit, upon producing a certificate from their commander or superior officer touching their merits; that every seaman so wounded in defence of the ship shall be cured of his wound at the charge of the said company and owners." And it is hereby agreed that the charges and sums of money mentioned in the said order to be payable for or in respect of the defence of the ship and cargo, shall be borne in the proportion following; that is to say, two-thirds by the said company, and one-third by the owners of the ship. And it is

Order of Encouragement to be put up in the Ship,

Vol. III. Ch. IX.

and to continue
during the
Voyage.
Ship to sail from
the Downs to
the Place ap-
pointed.

To deliver out
and take Goods
if required.

Contract Ton

hereby agreed, that the said order, or others of the same tenor in the room thereof, shall be in large legible characters, and continue in the place aforesaid during all the said voyage. And it is hereby further agreed, that the said ship, after her departure from the Downs, shall, as aforesaid, wind and weather permitting, and the restraint aforesaid excepted, directly sail to such ports and places in the East Indies, or other the limits aforesaid, or else where, as the said company, or their court of directors for the time being, or a committee appointed by the said court for that purpose, or the major part of them, shall direct, in writing, and shall there, according to such directions, fully, duly, and in safety discharge and deliver, in manner accustomed, all such bullion, goods, merchandizes, and passengers as shall be loaden or put on board the said ship; and shall also receive and take on board the said ship, and well and securely stow and place therein, all such other bullion, goods, merchandizes, and passengers as shall be loaden or put on board, or tendered to be loaden or put on board, for or on account of the said united company, or by their order, or by the order of any of their presidents, agents, chiefs, and council, or other their servants, from port to port, within the limits aforesaid, the said company allowing and paying to the said Owners to be' part owners and master after the rate of two pounds a ton for every ton that paid £2 a Ton shall so be put on board exceeding the quantity of tons as aforesaid; for Surplus Tonand afterwards shall sail therewith directly to such other ports, rivers, and nage from Port to Port, [beplaces to which the said ship shall be appointed by the said united company, yond Four-fifths or the said court of directors, or a committee thereof, or the said company's presidents, factors, or assigns; and shall at all or any of those other ports or nage ] places, whereunto she shall be so ordered, not only duly and in safety discharge and deliver, in manner accustomed, all such bullion, goods, merchandizes, and passengers as shall be carried in her thither, for the account of the said united company, there appointed to be landed; but also receive and take in her all such other bullion, goods, merchandizes, and passengers as the said united company, their presidents, factors, or assigns, shall lade or put on board her, or tender to be laden or put on board her, for England or elsewhere, leaving so much room as that therein she may (over and above the same) reasonably stow and carry her victuals, naval and other stores, tackle and apparel. And the said part Part Owners owners and master do as aforesaid jointly and severally covenant and and Master to agree to and with the said united company, that in case the said ship shall not pay for Defireceive, load, and bring home to England, on her return voyage, the full ciency of 'Tonquantity of tons of merchandize, on account of the said united com- Tons. [Conpany, reckoning the tonnage thereof as herein-after is mentioned, then and tract Tonnage.] in such case the owners of the said ship shall and will pay to the said united company so much money as the freight of such deficient merchandize would have amounted to, in case the same had been shipped and brought home in the said ship, which said payment shall be deducted from and allowed out of the money becoming due to the said owners for the freight and other payments hereby agreed to be paid to them; provided that if it shall appear that Except the dethe master of the said ship for the time being shall in due time before the ficient Tonnage said ships departure on her return voyage, have made a demand in writing, had been defrom the said united company's servants by whose orders the said ship shall fused to be laden be loaded, of more goods to be shipped, to make up such deficient loading to make up as aforesaid, or some part thereof, and such goods so demanded or some Tons. part thereof shall be refused, or, by the neglect or default of such servants [Contract of the said united company, shall not be shipped, then and so far as the Tonnage.] said servants of the said united company shall refuse or neglect to load the said ship up to the said quantity of tons, the said owners shall be excused from, and shall not be liable to make the said payment or allowance. And it is hereby further agreed by and between the parties to these presents, Ships to touch that it shall and may be lawful to and for the said company, or the said court at such Places of directors, or a committee thereof, to order, direct, or appoint the said as shall be or

nage under

manded and re

dered, and receive and deliver

&c.

Ship not to touch at any Places not ordered to touch at.

Penalty.

Vol. III. Ch. IX. ship, in her outward-bound voyage, to touch and receive in and deliver out any goods or merchandizes, letters or packets, at any island, port or place in Europe or Africa, or any other ports or places on this side of her consigned out any Goods, port or ports; and to perform any other service whatsoever, for which deviation or detention, if any be, the said part owners and master shall be allowed as much as such deviation and detention reasonably deserves, unless it shall be otherwise agreed on or before the said ship's departure from England; but it is the meaning of the parties hereto, and the said part owners and master do as aforesaid covenant, that the said master, or the master of the ship for the time being, shall not, outward-bound, stop or stay or take in any foreign coin or bullion, goods or provisions, at any of the Western, Madeira, or Canary Islands, or at any other place on this side her consigned port, without an especial order or licence in writing from the said company's court of directors, or a committee thereof. And in case the said master of the said ship shall stop, stay, or take in any goods or provisions at any of the said places without such especial order or licence, the said part owners and master shall pay, or at the choice of the said united company, out of the freight of demurrage which shall or may grow due by virtue of this contract, allow to the said company one hundred pounds sterling a day for every day the said ship shall so stop or stay at all or any of the said places or islands; and the said foreign coin or bullion and goods so to be taken in shall be deemed and accounted to be unlicensed goods. And the said part owners and master do as aforesaid covenant, that the said goods and merchandizes received or to be received into the said ship for account or by order of the said united company, their factors or assigns, shall be in the best manner stowed to prevent damage, and disposed of in the said ship in such manner and in such places as will not lumber or incommode her working, or render her incapable of defence. And in order to prevent any goods or merchandizes belonging to the said united company from being stowed in any place whereby they may be liable to be damaged, or whereby the said ship may be incumbered, it is hereby agreed, that no goods or merchandize whatever be longing to the said united company, from India or China, shall be put into or placed in any other part of the said ship than the said ship's hold and on her lower deck, in such parts as are herein-after mentioned; that is to say, India and China goods be permitted to be stowed on the lower deck of ships of twelve hundred

Cargo to be

stowed in best

manner to prevent Damage.

Cargo from India only to be stowed Hold and lower

in the Ship's

Deck abaft the
Pump-well.

Cargoes from

how to be

stowed.

that

to fourteen hundred tons, which have a hatchway into the lazaretto, from the stern to the fore-part of the beam abaft the main-mast (with exceptions here. after stated), and from the after-part of the foremost beam of the main hatchway to the after-most part of the beam abaft the fore-mast, strong and sufficient bulkheads being erected at the fore-part of the beam abaft the main-mast, the after-part of the fore-mast beam of the main hatchway, and the after-part of the beam abaft the fore-mast: That in ships of about eight hundred tons, having a hatchway into the lazaretto as before mentioned, the cargo be stowed (with the exceptions hereafter stated) from the stern to the after-part of the beam abaft the main-mast, and from the after-part of the fore-mast beam of the main hatchway to the after-part of the second beam before the fore hatchway, strong and sufficient bulkheads being erected in those places respectively: That in such ships which have not a hatchway down directly into the lazaretto, the bulkheads be erected at the same situations as above stated, with this difference only, that a bulkhead be built at the after-part of the fore hatchway, and also at the two sides thereof, and continued from thence as far forward as the prescribed place for the foremost bulkhead before mentioned for ships of each tonnage respectively, where the bulkheads are to return into the sides: That the cables of the ships of each description before stated, be coiled in the spaces before described, abreast the main hatchway; and that the space from the bows to the fore-mast bulk-head be reserved for the water and wet provisions for the homeward