Allowance for gencies. [Contract Tonnage.] Expences on Vol. III. Ch. IX. tween the said parties to these presents, and the said united company, for themselves and their successors, do covenant to and with the said part owners and master, that they the said united company and their suc cessors shall and will pay or allow, or cause to be paid or allowed, to the said part owners in London, over and above the several freights and payments herein-before agreed to be paid and made, the sum of - per ton, to be computed on the said tons for which this ship is freighted, for the difference of the war expences of the outfit of the said ship, the dif ference of the war premium of insurance, additional expences in clearing homewards, and the new convoy duty, and every other contingency and expence whatsoever, arising from the war; and also that the said united company shall take upon themselves the expences of maintaining in England such Lascars, or other seamen, natives of India or China, as shall be necessarily hired and brought to England to supply the places of seamen who shall happen to be pressed and taken into his majesty's service in India, or shall happen to be killed in defence of the said ship, such expences of Lascars and other seamen so to be paid by the said company to be allowed in the proportion of three Lascars or other seamen, natives of India or China, for two European seamen, and to commence and be computed from the time the said ship shall be cleared of her cargo after return from the said voyage; and the said company shall also pay all the expences of bedding and other necessaries, and of returning the said Lascars, and other seamen, natives of India or China, to their respective homes, all which said payments shall be made at the respective times and upon the conditions herein-after mentioned; that is to say, the sum of one pound ten shillings per ton, part of the said sum of per ton, shall be paid on the ship's arrival at Gravesend outwards, and per ton, other part of the said · per ton, shall be paid at the expiration of eighteen calendar months from the said day of, if the said ship shall be then afloat, or if not then afloat, then at the expiration of eighteen calendar months from the day on which the said ship shall come afloat, to proceed upon the voyage, as herein-before mentioned, or immediately on the arrival of the said ship at her moorings in the river Thames, homeward-bound, whichever shall first happen; such payment to be made although the said ship may be lost or taken in the course of the voyage; and per ton, residue of the said per ton, shall be paid only upon condition that the said ship shall perform her voyage in safety, and in that case the same shall be paid immediately on the ship's arrival at her moorings in the river Thames. And Payments to be it is hereby declared and agreed, that the several payments herein-before Times of Payment of War Contingencies. [One Pound Ten Shillings in part of Six-sevenths [Remaining One-seventh of ditto.J in full. Deduction in case of Loss, fully equipped, &C. sum of agreed to be made and allowed to the said part owners are accepted and received by them in full discharge and satisfaction of all claims and demands upon the said company and their successors, in respect of the said voyage, for every contingency of the war, and otherwise whatsoever: Provided always, that in case the said ship shall be burnt or lost, after the said day of or the day on which she shall come afloat as aforesaid, whichprevious to being ever shall last happen, and before she shall be fully equipped, rigged, stored, or victualled, then and in such case there shall be deducted from the payment of per ton herein-before mentioned, a fair and just sum, in respect of so much of the expence of equipment, rigging, storing, or victualling, as shall not then have been incurred: And that the said part owners or master are upon no pretence whatsoever to be paid or allowed any sum or sums of money other than as herein-before mentioned. And the said part owners and master, for themselves and the rest of the part owners of the said ship, and their heirs, executors, and administrators, do hereby covenant, promise, agree to and with the said united company, their successors or assigns, that if a peace shall be made or agreed upon, or any other circumstance shall take place before the ship's last departure from England, whereby the price of Allowance to be made to the Company in case of Peace. and stores, provisions, wages, insurance, or other matters relative to the outfit of Vol. III. Ch. IX. the said ship shall be reduced, then the said part owners shall pay or allow to the said united company or their successors, out of the payments by the covenant last hereinbefore contained, on the part of the said united company, agreed to be made to the said part owners, so much as the difference between the expence of the outfit of the said ship would cost the owners, according to the present prices of the articles of outfit, and the actual expence of the outfit, according to the reduced prices of such articles, or any of them, shall amount to. And to the performance of all and singular the covenants, grants, articles, payments, and agreements above written, which, as well on the part and behalf of the said united company and their successors, as on the part and behalf of the said part owners and master, their executors and administrators respectively, well and truly to be holden, paid, kept, and performed, in all things as above, the said part owners and master bind themselves jointly and severally, their joint and several heirs, executors, and administrators, and the ship aforesaid, with the freight, tackle, boats, and apparel of the same, unto the said united company and their successors : So nevertheless and provided, that the company shall not have, exact, or receive from the said part owners, by or from all or any of the aforesaid penalties, any sum or sums of money exceeding the value of the ship and appurtenances, her freight, demurrage, and earnings, and the master's private trade. And the said united company do also bind themselves, their successors and assigns, to the said part owners and master, their executors and administrators. In the name of God, amen. This charterparty indented of affreightment, made the day of in the year of our Lord one thousand eight hundred and -, between and, part owners of the good ship the of London, which the said part owners affirm to be of the burthen of tons or upwards, now riding at anchor in the river of Thames, and For Ships of 500 to 600 Tons to be freighted for the East India Com pany's Ser Ship's Name. Master. master of the said ship, of the one part, and the united company of vice. (1) merchants of England trading to the East Indies of the other part, wit- Date. nesseth, that the said part owners, for themselves and the rest of the owners Part Owners. of the said ship, and the said master for himself, his executors and administrators, have granted and let to freight all the said ship unto the said united company; and that the said united company have hired and taken to freight all the said ship, for a voyage with her to be made (by God's blessing), Let to Freight. as hereafter mentioned, as the said company, or any their governors, presidents, or agents, authorized thereunto by the court of directors for the time being of the said company, or any committee thereof, shall require or direct; whereupon the said part owners, for themselves jointly and Imprest. severally, and for the rest of the part owners of the said ship, and for their respective heirs, executors, and administrators, and the said master for himself, his heirs, executors, and administrators, do, in consideration of the sum of £ of lawful money of Great Britain, by the said united company to be impressed or paid to them at the ship's arrival at Gravesend outwards, in part of the freight and demurrage to grow due in respect of the said intended voyage, and of the further sum of £-to Primage and be then likewise paid by the said company to the said master, in full satis- Average. faction of and for all primage and average which might otherwise become due or payable to the said master, or for or on account of the said ship's intended voyage, and for and in consideration of the concessions and covenants herein-after on the part of the said company contained, and every of them, doth covenant, grant, and agree to and with the said united company, (1) Sec form, Montefiore, 205. Vol. III. Ch. IX. Ship will carry their successors and assigns, by these presents, in manner and form following; that is to say, that the said ship is of the burthen of — tons at the least, and capable of taking in, stowing, and holding, over and above her tackle, apparel, furniture, and provisions, at least tons, of the goods and commodities of the East Indies, and other the places comprehended within Measurement.] the limits granted or allowed to the said company to trade in, reckoning and Tons of Goods. shall tons, accounting the tonnage of goods and commodities as hereinafter is men- tons as shall be tons, Downs. Detention. in writing, which notice when received shall be deemed and taken as a dis- Vol. III. Ch. IX. patch for the said ship from thence to the Downs, unless the said united company, or their court of directors, or any committee thereof, shall order When to be disthe said ship to wait longer at or on this side of Gravesend; and which patched to the they are at liberty to do on payment or allowance to the said owners of demurrage after the rate of £ per day, for every day exceeding the said Demurrage for one calendar month next after she shall have to come afloat, which she shall be detained at or on this side of Gravesend by or by the orders of the said united company until she shall be dispatched to proceed from thence to the Downs; and that the ship being furnished, provided, supplied, fitted, vic- When to be in tualled, and manned as herein is mentioned, wind and weather permitting, the Downs, and the restraint of his majesty, his heirs or successors, and detention by the dispatched from said company excepted, shall sail to and arrive in the Downs within thence. days after she shall be dispatched from Gravesend, and shall remain in the Downs or shall sail to Portsmouth or such other port or ports in England or Ireland as the said united company shall direct, to wait until she shall be dispatched by the said united company on the said voyage; and that immediately after her dispatch the said ship shall sail on her intended voyage, with or without convoy, according to the directions of the said united company, as hereafter is mentioned; but if the said united company shall not give the said ship her dispatches before, or within five days after her arrival in the Downs or at Portsmouth, or such other port in England or Ireland, where she shall be ordered to wait until she shall be dispatched; or in case If not dispatched, the said ship shall be detained by the said company in the Downs or at the Company to Portsmouth, or any other port or ports in England or Ireland more than pay Demurrage, 6d. per Ton on five days, the said ship being so fully fitted, victualled, manned, furnished, Builder's and provided as aforesaid, and ready to sail, then they shall pay or allow, Measurement. unto the said part owners and master, demurrage after the rate of per day during such detention, unto the time the said ship shall be so dispatched, or in case of her waiting for convoy by order of the said united company, then the said part owners and master shall be paid at the rate above mentioned, whilst waiting for convoy, until the said commanding officer on board the said ship shall receive his sailing orders and signals from the commander of the convoy; but if the ship shall not, at the time appointed for that If the Ship does purpose as aforesaid, be ready fitted, victualled, manned, furnished, and provided as aforesaid, by the time aforesaid, or shall not sail unto Long Reach and Gravesend, and from thence, wind and weather permitting, and the restraint and detention aforesaid excepted, at the time before-mentioned, arrive in the Downs, and from thence directly sail on her intended voyage, or to such port or place where she shall be ordered by the said united company to wait; and after being dispatched from such port or place shall not immediately sail on her intended voyage; in all and each of the said failures, the Calculated at 6d. said part owners, and the rest of the owners, and the said master, shall per Ton on or at the choice of the said united company allow to them out of the freight and demurrage hereby payable, after the rate of per day for every day that shall intervene between the times before appointed for the said ship's arrival and being ready at the respective places aforesaid, or such other port or place as aforesaid, and her actual arrival and being ready there, and sailing from thence as aforesaid; and the said part owners and master do Ship's Company. hereby, for themselves, their executors and administrators, covenant, promise, and agree to and with the said united company, that the said ship, before her departure from Gravesend, and also on her departure on her homeward bound voyage from India, shall be manned with the said master and European men, of such stations as shall be required and approved by the said united company, or their committee of shipping, of which master and crew the said master, and at least three-fourths of the said men or mariners shall be English, and shall so continue manned during pay, not arrive at Gravesend and the Downs, and sail at the above Time, the Owners to pay Demurrage. Builder's Measurement. for Nine Europeans.] Kintledge. Dunnage. Pieces of Ordnance, Quantity of Gunpowder, and other Warlike Stores. Penalty for De ficiency of Guns, Vol. III. Ch. IX. the voyage: Provided always, that in case it shall happen by reason of any deficiency of European seamen, the master of the said ship shall be obliged [Twelve Lascars to ship Indian or Chinese seamen on board the said ship, then and in such case the said ship shall be manned, or such deficiency shall be made up by Indian or Chinese seamen for every European seamen deficient, and so in proportion for a greater or less number; and that the said ship shall during the voyage, both abroad and also outward and homeward bound, have and keep a sufficient quantity of ballast on board to navigate her with safety; and it shall be lawful for the said part owners and master, if they shall so please, to carry any quantity of kintledge in the said ship; but the said united company shall not be chargeable with, or pay any freight for the same. And it was agreed, that special care shall be taken by the said part owners and master, that the cargo shall be properly dunnaged at their expence, and particularly, that in case any kintledge shall be carried in the said ship, that a sufficient quantity of dunnage shall be put over the same to preserve the cargo from damage, which in ships from China shall be a complete flooring of deals, or other plank, not less than two inches thick, as in the company's regular ships: And also that the said ship shall, before and at her departure from Gravesend outwards, and also at the time and times of her departure from port to port abroad, and also at her last departure from the East Indies, or elsewhere within the limits of the said company's exclusive trade, be strong and tight, and well and sufficiently victualled, tackled, and apparelled; and also well and sufficiently furnished with all necessary stores, guns, being each twelve-pounder carronades, mounted on the upper deck; a stand of arms and a cutlass for each man on board the said ship; gunpowder and shot thirty rounds at the least; and ammunition and furniture equal to and sufficient for such a ship and voyage. And it is hereby covenanted and agreed, that in case the said ship shall sail from England without having the full number of guns herein-before agreed to be carried out in this ship, the said part owners and master shall forfeit to the said company forty pounds for each gun wanting of the said number. And it is hereby further covenanted and agreed by and between the parties to these presents, that in case any of the guns herein-before agreed to be carried out and brought home in this ship shall be disposed of without leave of the company's servants abroad to whom this ship is consigned, the said part owners and master shall forfeit and pay to the said united company the sum of £100 for each gun sold; and also, if any of the officers belonging to the said ship shall desert, or in any manner leave her in the East Indies, or elsewhere within the limits of the said united company's exclusive trade, without the leave, in writing, of the company's servants abroad, having proper authority for that purpose, then and in every such case the said part owners and master shall forfeit and pay to the said united company the sum of two hundred pounds of lawful money of Great Britain, for and in respect of every officer who shall so leave or desert the said ship. And it is further agreed, that the said company, their successors, agents, officers, waiters, and servants, in England and abroad, shall have free liberty from time to time and upon all occasions during this whole intended voyage, and until finally unladen, to repair and remain on board the said ship as they shall be thereunto appointed; and to this end and purpose this said ship, upon proper, usual, and known signals made to or for her, shall lie by if sailing, and shall stay till such person or persons shall and do come on board; and the said master shall civilly treat and entertain the said person or persons with reasonable and convenient food and lodging during their stay, at the charge of the said part owners and master. And it shall be lawful to and for all and every such persons to put locks on the hold, or seal the hatches of the said ship, if they please, and to take a survey of the said ship and every part thereof, and of the ship's cargo, ammunition, furniture, provision, and and also for Sale of Guns abroad. Company to have liberty to survey the Ship, &c. at any time. To lie by for Surveyors, &c. who are to be civilly treated and victualled. The Hatches to be sealed, if re quired, and the Ship surveyed. |