the said vessel [or "shares"] and appurtenances thereto belonging, and to receive and discharge the whole freight and profits thereof [or "corresponding thereto"], from the date hereof [if the vessel is at sea, it will be necessary here to state whether the purchaser has right to the current freight]; which ship or vessel (or "shares"], and appurtenances thereof, with this right thereto, I bind myself, my heirs and successors, to warrant to the said from all facts and deeds done or to be done by us in prejudice hereof; and also to free and relieve the said ship [or "shares"], hereby conveyed, of all debts or other incumbrances affecting the same at and preceding the date hereof, he being bound to free and relieve me and my foresaids of the same in all time thereafter. [If the vessel is at sea, and the purchaser is to have right to the current freight, there must be a clause obliging him to relieve the seller of the expenses of that voyage]. And having herewith delivered up to the said the title-deeds of the said ship [or "shares"], I consent to registration hereof in the books of council and session, or others competent, therein to remain for preservation, and that letters of horning, on six days' charge, and all other execution necessary, may pass on a decree to be interponed hereto in common form: and thereto I constitute In witness whereof, &c.

my procurators.

No. 5.

Stipulation for the Return of a Ship.

MARY ANN.

January 12, 1804.

ON which day Bogg exhibited as proctor, and made himself a party for George Goodwin Hope, master of the said ship Mary Ann, and produced for sureties Josiah Culmer, of Wapping High Street, mathematical instrument maker, and James Powell, of the same place, undertaker, who, submitting themselves to the jurisdiction of this Court, bound themselves, their heirs, executors, and administrators, for the said George Goodwin Hope, in the sum of six hundred and eightyfour pounds of lawful money of Great Britain, being double the appraised value of two-eighth parts of the said ship, unto William Fennings, of Rood Lane, Fenchurch Street, London, merchant, and Philip Fennings, of Harwich, in the county of Essex, owners of the said two-eighth parts or shares of the said ship, for the return of the said ship, to the amount of the shares of the said William Fennings and Philip Fennings; and unless they shall so do, they do hereby severally consent that execution shall issue forth against them, their heirs, executors, and administrators, goods and chattels, wheresoever the same shall be found, to the value of the sum afore-mentioned; which caution the said surrogate received on the report of John Crickett, marshal of this Court, as to the sufficiency of the said sureties, and, at the petition of Bogg, decreed the said ship to be released from the

arrest.

Present,

BEDFORD.

No. 6.

Form of a Bottomry Bond.

KNOW all men by these presents, that I, A. B., commander and two-thirds owner of the ship Exeter, for myself, and C. D., remaining third owner of the said ship, am held and firmly bound unto E. F. in the penal sum of two thousand pounds sterling, for the payment of which well and truly to be made unto the said E. F., his heirs, executors, administrators, and assigns, I hereby bind myself, my heirs, executors, and administrators, firmly by these presents. In witness whereof I have hereunto set my hand and seal, this 14th day of December, in the year of our Lord, 1796.

Whereas the above-bound A. B. hath taken up and received of the said E. F. the full and just sum of one thousand pounds sterling, which sum is to run at respondentia on the block and freight of the ship Exeter, whereof the said A. B. is now master, from the port or road of Bombay on a voyage to the port of London, having permission to touch, stay at, and proceed to all ports and places within the limits of the voyage, at the rate or premium of twenty-five per cent. (25 per cent.) for the voyage. In consideration whereof usual risks of the seas, rivers, enemies, fires, pirates, &c., are to be on account of the said E. F. And for the further security of the said E. F. the said A. B. doth by these presents mortgage and assign over to the said E. F., his heirs, executors, administrators, and assigns, the said ship Exeter and her freight, together with all her tackle, apparel, &c. And it is hereby declared, that the said ship Exeter and her freight is thus assigned over for the security of the respondentia taken up by the said A. B., and shall be delivered to no other use or purpose whatever, until payment of this bond is first made, with the premium that may become due thereon.

Now the condition of this obligation is such, that if the above-bound A. B., his heirs, executors, or administrators, shall and do well and truly pay, or cause to be paid, unto the said E. F., or his attorneys in London legally authorized to receive the same, their executors, administrators, or assigns, the full and just sum of 1,0007. sterling, being the principal of this bond, together with the premium which shall become due thereupon, at or before the expiration of ninety days after the safe arrival of the said ship Exeter at her moorings in the river Thames, or in case of the loss of the said ship Exeter such an average as by custom shall have become due on the salvage, then this obligation to be void and of no effect, otherwise to remain in full force and virtue. Having signed to three bonds of the same tenor and date, the one of which being accomplished, the other two to be void, and of no effect.

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

A. B. for self
and C. D.*

G. H.

I. K.

} (L. S.)

In this bond, the occasion of borrowing the money is not expressed, but the money was in reality borrowed to refit the ship, which, being on a voyage from Bengal to London, was obliged to put back to Bombay to repair. See the Exeter, Whitford, 1 Rob. Ad. Rep. 176. The occasion, therefore, of borrowing the money gave the lender the security of the entire interest of the ship. But this bond, although expressed to be executed by the master for himself and the other part-owner, would not bind the other part-owner personally, unless he had by a previous deed authorized the master to execute such a bond for him.

No. 7.

Form of a Bottomry Bill.

TO ALL MEN to whom these presents shall come. I, A. B. of Bengal, mariner, part-owner and master of the ship called the Exeter, of the burthen 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 provision and other supplies necessary for the continuation and performance aforesaid, am at this time necessitated to take up upon the adventure of the said ship, called the Exeter, the sum of one thousand pounds, sterling monies of Great Britain, for setting the said ship to sea, and furnishing 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 twelve hundred and twenty pounds sterling for the said one thousand pounds, being at the rate of one hundred and twenty-two pounds for every hundred pounds advanced as aforesaid, during the voyage of the said ship from Table Bay to London. Now know ye, that Ì, 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 which shall offer for England, after the date of these presents, sail and depart for the port of London, there to finish the voyage aforesaid. And I, the said A. B., in consideration of the sum of one thousand pounds 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, to pay unto the said C. D., his executors, administrators, or assigns, the sum of twelve hundred and twenty pounds 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 as aforesaid, and that the said ship, with her freight, shall at all times after the said voyage be liable and chargeable for the payment of the said twelve hundred and twenty pounds, 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 arrival at the said port of London from the said intended voyage, that then the payment of the said twelve hundred and twenty pounds 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.

Witness,

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.

E. F.
G. H.
I. K.

At the Cape of Good Hope, this 15th day of November, in the year of our lord one thousand seven hundred and ninety-seven.

No. 8.

The Form of Respondentia Bond on a Voyage to the East Indies.

KNOW all men, by these presents, that we, James Peter Fearon, commander of the ship Belvidere, in the service of the Honourable East India Company, and Peter Douglas of Fitzroy Square, are held and firmly bound to Hans Busk, of New Broad Street, London, merchant, in the sum or penalty of fifteen hundred pounds of good and lawful money of Great Britain, to be paid to the said Hans Busk, or to his certain attorney, executors, administrators, or assigns; to which payment, well and truly to be made, we bind ourselves, jointly and separately, our heirs, executors, and administrators, firmly by these presents. Sealed with our seals. Dated this fourth day of May, in the forty-first year of the reign of our Sovereign lord George the Third, by the grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith, and in the year of our Lord one thousand eight hundred and one.

Whereas the above-named Hans Busk has, on the day of the date above written, advanced and lent unto the said James Peter Fearon and Peter Douglas the sum of seven hundred and fifty pounds, upon the goods and merchandizes and effects laden and to be laden on board the good ship or vessel called the Belvidere, of the burthen of 987 tons or thereabouts, now riding_at anchor in the river of Thames, outward-bound to China, and whereof James Peter Fearon is commander, by his acceptance of a bill of exchange to that amount at four months' date for the account of them the said James Peter Fearon and Peter Douglas: Now the condition of this obligation is such, that if the said ship or vessel do and shall with all convenient speed proceed and sail from and out of the said river of Thames on a voyage to any port or place, ports or places, in the East Indies, China, Persia, or elsewhere beyond the Cape of Good Hope, and from thence, do and shall sail, return, and come back into the said river of Thames at or before the end and expiration of thirty-six calendar months, to be accounted from the day of the date above written, and there to end her said intended voyage (the dangers and casualties of the seas excepted); and if the said James Peter Fearon and Peter Douglas, or either of them, their or either of their heirs, executors, or administrators, do and shall within thirty days next after the said ship or vessel shall be arrived at her mooring in the said river of Thames from her said intended voyage, or at or upon the end and expiration of the said thirty-six calendar months, to be accounted as aforesaid (which of the said times shall first and next happen), well and truly pay or cause to be paid unto the said Hans Busk, his executors, administrators, or assigns, the full sum of one thousand and twenty pounds of lawful money of Great Britain, together with thirteen pounds ten shillings of like money per calendar month, for each and every calendar month, and so proportionably for a greater or lesser time than a calendar month, for all such time and so many calendar months as shall be elapsed and run out of the said thirty-six calendar months over and above twenty calendar months, to be accounted from the day of the date above written, or if in the said voyage, and within the said thirty-six calendar months to be accounted as aforesaid, an utter loss of the said ship or vessel by fire, enemies, men-of-war, or any other casualties shall unavoidably happen, and the said James Peter Fearon and Peter Douglas, their heirs, executors, or administrators, do and shall within six calendar months next after such loss well and truly account for (upon oath if required), and pay unto the said Hans Busk, his executors, administrators, or assigns, a just and proportionable average on all the goods and effects of the said James Peter Fearon carried from England on board the said ship or vessel, and the net proceeds thereof, and on all other goods and effects which the said James Peter Fearon shall acquire during the said voyage, for or by reason of such goods, merchandizes, and effects, and which shall not be unavoidably lost, then the above-written obligation to be void, and of none effect, else to stand in full force and virtue.

No. 9.

The Form of an Instrument of Hypothecation of Ship and Cargo. KNOW all to whom this instrument of bond and bill of maritime risk and bottomry may come, that in the year from the birth of our Lord Jesus Christ 1801, on the 31st day of the month of January, in the city of Lisbon, in my office personally appeared Jacomo Mazzola, captain of the imperial ship called the Gratitudine, whom I know to be the real person; and he declared to me, the notary, in the presence of the witnesses herein-after mentioned, that within twenty-four hours after the arrival of his said ship at London, or any other port, and previous to beginning to make any delivery of the cargo at the port aforesaid, or any other port, that he the captain, or whomsoever may act in lieu of him, or in case of his absence, or perform the duties of his said quality, shall or will pay by this bill of risk, sea exchange, and bottomry, to Francis Manoel Calvert, professed in the order of Christ, or to his order, the sum of 5,2731. 128. sterling, principal and premium of risk and sea exchange, at the rate of 16 per cent., the which principal he acknowledged to have received here of the said Francis Manoel Calvert, in the good current money of this kingdom, under the denomination of true and legitimate money of sea exchange and bottomry, on the hull, keel, and appurtenances of the aforesaid ship, and therewith to supply the wants of the repairs, caulking, and of the cargo of the same, on which he had effectively invested it; the said Calvert taking upon himself, and in consideration of the aforesaid premium of 16 per cent. voluntarily agreed for and settled between them, to run the sea risk on the said hull, keel, and appurtenances and cargo of the said ship, in her ensuing voyage, which the said captain is about prosecuting from this port of Lisbon to that of London; these being the risks which the aforesaid Francis Manoel Calvert takes on himself, and is to run, such as of the sea, winds, fire, stranding, and shipwreck, enemies and false friends, detentions of princes, and reprisals, during the whole of the said voyage, excepting nevertheless those of barratry of the master, and of average as well particular as general, the which are expressly excluded; the which risk shall commence to run from the hour the ship shall heave her first anchor to set sail from this port to that of London, and shall cease in twenty-four hours after having come to an anchor; and for the ready payment of the aforesaid sum, he the captain binds himself, and his effects in general, dues and funds, both in actual possession and future, and by special mortgage the cargo, freights due or that may become due; and in case of failure of the prompt payment in due time he binds himself under this clause of mortgage to pay to him or his order, for all the delay until full payment, at and after the rate of six per cent. per annum; and there being also present Andrew Belucci, mate of the said ship, by whom it was declared, that in case of the absence of the aforesaid captain, he bound himself to fulfil the contents of this bond they thus executed and accepted, after these presents being read to them, and I the notary in the name of whomsoever it may concern being absent; to all which were witnesses present, Joav Pedro Roeks, who also acted as interpreter, as well for the captain as for the mate, he being there vice-consul, and Manoel Eugenio Coetho, who together with the parties signed thereto. J. Joge de Almeida Rorig the notary wrote it: Jacomo Mazzola, Andrew Belucci, Joav Pedro Roeks, Manoel Eugenio Coetho; and J. Joge de Almeida Rorig, notary public of notes in the city of Lisbon and its district of his Royal Highness the Prince Regent our lord, whom God preserve, caused this instrument to be transcribed from my book of notes, to which I refer myself, and have subscribed it, and signed it in public form.

In testimony of the truth,

JOGE DE ALMEIDA RORIG.

Whose handwriting is certified by

FRANCIS ARBOUIN,

Vice-Consul.

Francis Manoel Culvert.