페이지 이미지
PDF
[ocr errors][merged small]

SCHEDULE (M).

Form of Emigrant Bunker's Annual Licence.

A. B. ((") of in the having made application in Writing to us, the under

signed Justices of the Peace assembled in Petty Sessions, for the (+) of to

grant to him a Licence to enable him to be registered as an Emigrant Runner in and for (+1 , and the said [A. B.] having also been recommended as a proper Person to receive such Licence by an Emigration Officer, or by the Chief Constable [or other Head OSctr «/ Police, as the Case may be] of [the District, Town or Place in trViicA the said A. B.

is to carry on his Business]: We, the under-mentioned Justices, having no sufficient Cause shown to us, and seeing of ourselves no valid Reason why the said A. B. should not rweire such Licence, do hereby grant to him this Licence for the Purposes afor.'said, subject nevertheless to be revoked for misconduct on the Part of the said A. B., as in the "Passenger! Act, 1855," is provided.

SCHEDULE (N).

Form of Summons for a Defendant or A Witness.

• Insert tbii when the Defendant la summoned.

t Insert thin In case a Witness la summoned.

County, or City, or Bo-)
rough, or Police District (
of (as the Case I

may be). )

• State whether Emigration Officer or Officer of Customs, or Government Emigration Agent, or Passenger of the ship

, as the Case may be.

t Here describe hrieflv and in general Terms the Requirement (or Requirements) of the Act which has not been fulfilled.

% Name the Witness, or Wit. nesses if more than One.

g Omit these Words where there is no Conviction, but only an Order of Adjudication.

[I Insert this In Ca#es where Compensation is awarded.

*[ Name the Passenger or Paj-sengers by or on whose behalf the Compensation is awarded. •• Insert this

A. B. Complainant. \ This is to command you to appear without fail on the
C. D. Defendant. \ Day of instant (or next) at o'clock in the

noon at before me, or other the Magistrate or

Justices of the Peace then and there present (*) [to answer the
Complaint of (an Emigration Officer, or Assistant Emi-

gration Officer, or Officer of Customs, or (in the Cdmiet a
Government Emigration or Immigration Agent, as the Cate
may be) for a Breach of the Section (or Sections, at tkt

Case mat/ be) of the Passengers Act, 1855,] (t) [or to give Evidence in the Complaint of A. B. against C. D. for Breach of the Passengers Act, 1855],

( Justice of the Peace, or Police or Stipendiary Magistrate, Signed < or Sheriff or Steward, or Sheriff Substitute, or Steward

( Substitute, as the Case may be.

Dated this Day of One thousand eight hundred and

To

SCHEDULE (0).

Form of Conyiction and Order of Adjudication under the Passengers Act, 1853, when the

Defendant appears.

A. B. Complainant. ) Be it remembered, That on the Day of

C. D. Defendant. \ instant, C. D. of personally came before me (or us, at

the Case may be), at to answer the Complaint of

County, or City, or Bo- \ A. B. (*) for a Breach of the Section (or Sections, as

rough, or Police District, I the Case may be) of the Passengers Act, 1855, in that, Ar. iti or Stewartry of i or (as the Case may be) for a Breach of the Contract contain*!

(as the Case may be) ) in a certain Contract Ticket, dated , and issued by

to for a Passage to in the Ship

Whereupon I (or we) did proceed to examine into the Complaint so made against the said C. J)., and the same having been (admitted to be true by the said C. D., or ai the Case »oj be) fully proved to my (or our) Satisfaction by the Testimony on oath of E. F. (J) a credible Witness (or Witnesses), I (or we) (§) [do convict him the said C. D. of the Offence (or Offeneesi aforesaid ; and I (or we)] do adjudge and order that he shall pay to the said A. B. as sudi (Emigration Officer, or Government Emigration Agent, or Officer of Customs, or Passenger of the Ship , as the Case may be) the sum of £ by way of Penalty (or by way

of Subsistence Money, or of Return of Passage Money, or as Damages for Breach of such Contract as aforesaid, as the Case may be) [(||) and shall also pay to the said A. B. the further Sum of £ as Compensation for the loss and Inconvenience occasioned to (r)

by the Loss of Passage in the Ship ].

(**) [And I (or we) do also adjudge and order that the Licence granted to the said CD. to act as a Passage Broker be forfeited.]

(*) [And I (or we) do hereby also adjudge and order that the Sum of £ being a

Fart not exceeding one Moiety of the said Penalty of £ be applied to compensate (t)

for the wrong or damage which he (she or they) has or have sustained in this

matter.

And I (or we) do further adjudge and order that the said C. D. shall forthwith pay to the said A. B. the further sum of £ for the Costs and Charges by him the said A. B.

incurred in the Prosecution of this Matter.

Given under my hand and Seal (or our Hands and Seal) this Day of

One thousand eight hundred and

I Justice of the Peace, Police, or Stipendiary Magistrate,
Signature < or Sheriff or Steward, or Sheriff or Steward Substitute,

( as the Case may be, fori

Be it remembered, That C. D. of being duly sum

moned to answer the complaint of A. B. (§) for a Breach of

Form of Cosviotioh and Order of Adjudication where the Defendant does not appear.

A. B. Complainant.
C. J). Defendant.

the Section (or Sections) of the Passengers Act, 1855,

or Bo- \ in that, ice. (B) or (as the Case may be), for a Breach of the
District, f Contract contained in a certain Contract Ticket, dated

and issued by to for a Passage to in

I the Ship , did not appear before me (or us), pursuant

to the said Summons. Nevertheless, I (or we) did proceed to examine into the Complaint so preferred against the said C. D., and the same having been duly proved to my (or our) Satisfaction by the Testimony on Oath of E. F. (H) a credible Witness (or Witnesses), I (or we) do, (etc. proceed as in preceding Form of conviction according to the circumstances of the Case).

County, or City,
rough, or Police
or Stewartry of
as the Case may be.

18 & 19 Viot. c 119.

where the Offender Is a Passage Broker, and his Licence is declared forfeited.

• Insert this where Compensation out of the Penalty is awarded to any aggrieved Passenger.

f Name the Passenger or Passengers.

t State County or District, &c as the Case may be.

g State whether Emigration Officer, or Officer of Customs, or Government Emigration Agent, or Passenger of the Ship , as the Case may be

|| Describe briefly and in general Terms the Requirement (or Requirements) of the Act which has not been fulfilled.

•J Name th Witness or Witnesses.

FORMS FOR BOTTOMRY AND RESPONDENTIA.

BOTTOMRY BOND ON SHIP AND FEEIGHT.

Khow all men by these presents, that I, A. B., master of the ship "Albany," of London, am held and firmly bound unto C. D., of Bombay, merchant, in the sum of lawftl British money, to be paid to the said C. D., or his certain attorney, executors, administrators, or assigns, for which payment well and truly to be made, I bind myself, my heirs, executors, and administrators, and also the said ship, her tackle, apparel, and furniture, and the freight to be earned by her on the voyage after mentioned, firmly by these presents. Sealed with my acal. Dated this day of one thousand eight hundred and

Whereas the said ship is lately arrived in the roadstead of Bombay from London, having on her said voyage sustained damage [describe the damage], and being in want of repairs and provisions to enable her to proceed on her voyage from Bombay to London, for which port she La now bound and about to return, and the said A. B., in order to be enabled to procure the said repairs and provisions, and to pay for the same and for the lawful and necessary disbursements and expenses of the said ship at the said port of Bombay, hath requested the said C. D. to lend the sum of for the aforesaid purposes; and the said C. D. hath accordingly lent the

Baid sum for the aforesaid purposes, on the hazard and adventure of the said vessel on her said intended voyage from Bombay to London.

Now the condition of the above obligation is such, that if the said Bhip do and shall with all reasonable and convenient speed, sail from the port of Bombay aforesaid, on the said intended voyage to London, and that without deviation (the perils, damages, accidents and casualties of the seas and navigation excepted); and if the above bounden A. B., his heirs, executors, or administrators, or the owners of the said ship, do and shall within ten days after the said vessel shall arrive at London aforesaid, well and truly pay or cause to be paid unto the said C. D., his agent, attorney, executors, administrators, or assigns, the said sum of lawful British money, together with pounds per centum, botfomry premium thereon;

or if on the said voyage the said vessel shall be utterly lost, cast away, or destroyed, in consequence of fire, enemies, pirates, storms, or other the unavoidable perils, dangers, accidents, or casualties of the seas and navigation, to be sufficiently shown or proved by the said A. B., his executors or administrators, or by the owners of the said ship, their executors or administrators: then the above written bond or obligation to be void: otherwise to remain in full force and virtue.

A. B. (Seal.)

Signed, sealed, and delivered, where no stamped ) paper is to be had, in the presence of J

BOTTOMRY BILL, ON SHIP, FREIGHT [AND CARGO].

To all men to whom these presents shall come. I, A. B., of Bengal [part owner and], master of the ship called the "Exeter," of the burden of five hundred tons and upwards, now riding at anchor in Table Bay, at the Cape of Good Hope, send greeting;

Whereas I, the said A. B., [part owner and] master of the aforesaid ship called the "Exeter," now in prosecution of a voyage from Bengal to the port of London, having put into Table Bay for the purpose of procuring provisions and other supplies necessary for the continuation and performance of the voyage aforesaid am at this time necessitated to take up upon the adventure of the said ship called the "Exeter," the sum of lOOOi. lawful monies of Great Britain, for

Betting the said ship to sea, and famishing her with provisions and necessaries for the said voyage, which sum C. D. of the Cape of Good Hope, master attendant, hath at my request lent unto me, and supplied me with at the rate of 1220/. sterling for the said 1000?., being at the rate of 122?. for every 100?. advanced as aforesaid, during the voyage of the said ship from Table Bay to London. Now know ye, that I, the said A. B., by these presents, do, for me, my executors, and administrators, covenant and grant to and with the said C. D., that the said ship shall, [with the first convoy that shall offer for England] [or, with all reasonable and convenient speed] after the date of these presents, sail and depart for the port of London, there to finish the voyage aforesaid, and that, without deviation during the course thereof (the perils, damages, accidents, and casualties of the seas and navigation excepted). And I, the said A. B., in consideration of the sum of 1000?. sterling 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, the tackle and apparel of the same, and also the freight of the said ship which is or shall become due for the aforesaid voyage from Bengal to the port of London, [and also the cargo shipped on board the said vessel for the voyage aforesaid] to pay unto the said C. D., his executors, administrators or assigns, the sum of 1220?. of lawful British money, within thirty days next after the safe arrival of the said ship at the port of London from the same 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 delivering of these presents, am [a true and lawful part owner and] master of the said ship, and have power and authority to charge and engage the said ship with her freight [and cargo] as aforesaid, and that the said ship, with her freight [and cargo], Bhall at all times after the said voyage, be liable and chargeable for the payment of the said 1220?. 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 utterly lost, miscarry, be cast away, or otherwise destroyed in consequence of fire, enemies, pirates, and any other perils and dangers of the seas and navigation, before her arrival at the said port of London from the said intended voyage, that then the payment of the said 1220?. 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 mentioned on the part and behalf of the said A. B. shall be void, anything herein contained to the contrary notwithstanding.

In witness whereof the parties have interchangeably set their hands and seals to four bonds of this tenor and date, one of which being paid, the others to be null and void.

At the Cape of Good -Hope, this fifteenth day of November, in the year of our
Lord one thousand eight hundred and

( E P

Witness, ] G*. H. A. B. (L. S.)

( I. K.

RESPONDENTIA BOND.

Know all men by these presents, that I, A. B., master of the ship " Albany." am held and firmly bound unto C. D., of Odessa, merchant, in the sum of lawful British money, to

be paid to the said C. D., his certain attorney, or his executors, administrators, or assigns, to which payment I bind myself firmly by these presents. Sealed with my seal. Dated this day of one thousand eight hundred and

Whereas the said ship "Albany," having laden on board a cargo of corn, was accidentally stranded and suffered great damage, and was taken into the harbour of Odessa by salvors, and her cargo discharged, some being damaged; and whereas, great expense for salvage and other charges were necessarily incurred, and were charged on the said cargo, and which the said master was unable to pay; and whereas the said C. D. did contract and agree with the said A. B. to advance the sums of money necessary to enable him to pay the same charges and expenses upon the goods and merchandise, lately the cargo of the said ship "Albany," to be re-shipped and forwarded from Odessa to their destination, that is to say, to the port of London in England, it being expressly agreed before ajiy part of such advance was made, that such advance should be by way of respondentia on the said cargo in the voyage last aforesaid; and whereas under and pursuant to the agreement last aforesaid the sum of was advanced as aforesaid, and a part of the said merchandise was laden at Odessa in and on board the ship "Otseonthe," to be carried to London aforesaid, in a voyage to be thereafter commenced and prosecuted by the said ship " Otseonthe;" and while the process of lading the same was going on, the said ship "Otseonthe" took fire, and together with a part of the said merchandise then on board, was destroyed, and the residue of the said merchandise on board was so damaged u to render a sale thereof necessary.

Now in pursuance of the original agreement, and in execution of the same, so far ts tie execution thereof has not been rendered impossible by the act of God, and without intending to displace or prejudice any claim, right, or lien of the 6aid C. D., in or to what was saved from the merchandise so shipped on board the "Otseonthe," but on the contrary, expressly admitting and declaring that according to the understanding of the undersigned A. B., in equity and good conscience, the same is to stand affected and bound unto him the said C. D., in lite manner as the residue of the said goods and merchandise which have now been laden at Odeaa on board the ship called the "Tempest," and bound for London, are hypothecated and assigned over by way of respondentia security, as the same are hereby declared to be hypothecated and assigned over for that end, and that the same are to be delivered to no other use whatsoever.

Now the condition of the above written obligation is such, that if the said ship "Tempest'' do and shall depart from Odessa, and sail to and arrive at London, and if the said A. B. shall pay unto the said C. D., or his legal representatives, within ten days after Buch arrival, the fall sum of together with a premium thereon of pounds per centum; or if in the

said voyage an utter loss of the said ship by any perils of the sea which are insured against under policies, a form of which is hereto annexed, shall unavoidably happen, and the said A. B. or those for whom he acts shall well and truly, without delay, account with the said C. D. or his representatives or assigns, for the just salvage which shall be received from and on account of the said hypothecated merchandise, and shall well and truly pay or deliver the same unto him or i hem, and shall not deliver the said merchandise to any other use whatsoever, without payment of the principal and interest, and premium due on this bond. Then this obligation shall 1 e void, otherwise to remain in full force.

A. B. (SeaL)

Signed, sealed, and delivered, where no stamped ) paper is to be had, in the presence of J

« 이전계속 »