Imatges de pàgina
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That a factor shall dispose of the goods consigned to him to the best advantage, and return effects according to order.

WHEREAS the above named C. D. at the request of the above bound A. B. hath employed E. F. merchant, now residing at M. as his factor, and hath consigned goods and merchandises to him, to be by him sold and disposed of for the account of the said C. D. and the ef-. fects returned as he shall from time to time order. NOW THE CONDITION, &c. That if the said E. F. shall and do use his best endeavors in the sale and disposal of all such goods and merchandises, which the said C. D. hath consigned, and shall send and consign to him the said E. F. by any ships or vessels departed out and to depart for M. this present season or summer, according to the order of the said C. D. for the most profit and advantage that he can, and return and consign back the produce thereof according to the orders of the said C. D. AND ALSO, if the said E. F. shall and do, upon the request of the said C. D. his executors, &c. make and give unto him and them just and true accounts in writing of all such goods and merchandises so sent and consigned, or which shall be sent and consigned to the said E. F. by the said C. D. by any such ships or vessels in this present season or summer as aforesaid, and of the sale and disposal, effects and produce thereof: THEN, &c. OTHERWISE, &c.

BONDS CONCERNING LETTERS OF ATTORNEY.

From two persons impowered by letter of attorney to get in debts, and to pay duly.

WHEREAS the above named A. A. by his deed-poll or writing under his hand and seal, bearing even date herewith, hath constituted, nominated and appointed the above bounden B. C. and D. E. his attorney and attornies, jointly and severally for him the said A. A. and in his name, and to his use, to ask, demand, sue for, recover, and receive all such sum and sums of money, effects, debts and demands whatsoever, which now are or at the

day of- now next ensuing, shall be due and owing unto him the said A. A. or his estate from any person or persons whomsoever, and to do such other lawful, necessary and legal acts for the purposes aforesaid, as in such deed-poll or writing are on that behalf and for that purpose particularly mentioned, as by the said deed-poll or writing may more fully appear. NOW THE CONDITION of the above written obligation is such, That if the above bounden B. C. and D. E. their executors

or administrators, Do and shall from time to time well and truly pay or cause to be paid over unto the said A. A. his executors, administrators or assigns, upon demand in writing for that purpose, ALL such sum and sums of money, effects, debts and demands, as the said B. C. and D. E. shall from time to time receive and get in by virtue of the said letter of attorney or otherwise, to the use of the said A. A. or his estate, as aforesaid, without fraud or delay, THEN the above written obligation to be void; OTHERWISE to be and remain in full virtue and effect.

bonds of indeMNITY CONCERning bills, &c. LOST.

pay

Of indemnity for paying a bill that was lost. WHEREAS a certain draught or bill was drawn on or about the day of last past, by A. B. upon and accepted by the said C. D. for the sum of £able days after date, to the order of E. F. who indorsed the same, and which was afterwards paid to Messrs. G. H. I. K. and L. M. whose clerk has lost or mislaid the said bill (as the case may be ;) AND WHEREAS the said C. D. at the special instance and request of the said G. H. I. K. and L. M. hath agreed to pay them the amount of the said bill on being indemnified by them for so doing in manner hereunder mentioned. NOW THEREFORE THE CONDITION of the above written obligation is such, That if the said G. H. I. K. and L. M. any or either of them, their, any or either of their heirs, executors or administrators, DO and shall at all times hereafter, well and sufficiently save, defend, keep harmless and indemnify the said C. D. and also the said A. B. and all and every other person or persons lawfully interested in the said draught or bill, and all and every of them, their, each and every of their heirs, executors and administrators, and their, each and every of their lands, tenements, goods, chattels and effects whatsoever, of, from and against all payments, accounts, suits, actions, costs, charges, damages, expenses, claims, and demands whatsoever, both at law and in equity, that shall or may at any time or times hereafter arise, happen or accrue, to be had, made, moved, brought, commenced, sued, or prosecuted against the said C. D. and A. B. or either of them, their, any or either of their executors or administrators, or against any other person or persons whomsoever, whom it doth, shall or may concern, by reason, means, or on account of the loss or mislaying of the said draught or bill, or of the said C. D. having paid the amount thereof unto the said G. H. 1. K. and L. M. without having

delivered the same up to be cancelled, for or on account of any thing in any wise relating thereto. Then the said obligation to be void; OTHERWISE, &c. to be and remain in full force, virtue and effect.

Sealed &c.

a money.)}

(with a receipt for the payment of the money.)

To deliver up a note lost when found, and indemnify in the mean time upon payment of it.

WHEREAS the above named A. B. in the name of himself and C. D. his partner, gave a bill or note under his hand, dated &c. for the sum of £- payable to E.

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F. which said bill or note was delivered to the above bound G. H. and I. K. but is since lost or mislaid. AND WHEREAS the said A. B. hath at or before the sealing and delivery hereof, paid unto the said G. H. and I. K. the said sum of £- due and payable on the said bill, notwithstanding the said bill or note cannot be found to be delivered up, the receipt of which said sum the said G. H. and I. K. do hereby acknowledge, and of and from the same and every part thereof, do acquit and discharge the said A. B. and C. D. their executors and administrators for ever by these presents. NOW THE CONDITION, &c. that if the said G. H. and I. K. their heirs, executors and administrators, DO and shall deliver up the said note, when it shall be found, to be cancelled, and until the same shall be so delivered up and cancelled, save and keep harmless and indemnified, the said A. B. and C. D. their heirs, executors and administrators, and their and every of their lands, tenements, goods and chattels, of and from the said bill or note, and the said sum of therein mentioned, and of and from all actions, suits, costs, charges, payments and damages whatsoever, which shall or may be brought, commenced, sued, prosecuted, recovered or awarded against them, or either or any of them, or which they, either or any of them, may sustain or be put unto by any person or persons whatsoever, for, upon, or concerning the said bill or note, and the said sum of £- therein mentioned,

and which is so paid to the said G. H. and I. K. as aforesaid. THEN, &c. OTHERWISE, &c.

BONDS CONCERNING RESPONDENTIA AND BOTTOMRY.

Respondentia. London to India.

WHEREAS the above named

the sum of

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the day of the date hereof, advanced and lent unto the

above bound

upon goods, mer

or at

chandises and effects, laden or to be laden on board the said ship or vessel called the burthen tons or thereabouts, now in the river Thames. NOW THE CONDITION of the above bond or 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 Thames on a voyage to or any other port or ports, place or places, in East India, Persia, China, or elsewhere beyond the Cape of Good Hope, and that without deviation, (the dangers and casualties of the seas excepted;) and if the above bounden heirs, executors, and administrators, do and shall within days next after the said ship or vessel's arrival at the end and expiration of eighteen calendar months to be accounted as aforesaid, which of the said terms shall first and next happen, well and truly pay or cause to be paid to heirs, executors, administrators or assigns, the value of —, together with for every calendar month the said ship shall be on the said voyage over and above ten calendar months to the expiration of eighteen calendar months, to be accounted as aforesaid, and so on in proportion for a less time than a month, OR if in the said voyage, and before the said ship's arrival at utter loss of the said ship by fire, enemies, pirates, men of war, or any other casualty shall unavoidably happen, and the above bounden heirs, executors or administrators, do and shall within six calendar months after such loss happening, well and truly pay, or cause to be paid to the said executors or administrators, for the use of the said heirs, executors, administrators or assigns, a just and proportional average on all the goods, merchandises and effects which the said shall carry out from England on board the said ship, and all other goods and effects which shall acquire during the said voyage, and which shall not be unavoidably lost. THEN this obligation to be void, otherwise to remain in full force. WITNESS gations of this tenor and date, one of which being accomplished, the other

Respondentia.

hand and seal

to be void.

to

London to India and back.

WHEREAS the above named

the sum of

an

obli

ha -on

the day of the date hereof advanced and lent unto the above bound upon goods, merchandises and effects of that value, laden or to be laden on board the said ship or vessel, called the

burthen

tons or thereabouts, now in the river Thames. NOW THE CONDITION of the above written bond or 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 Thames on a voyage to

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or any other port or ports, place or places in East India, Persia, China, or elsewhere beyond the Cape of Good Hope, and back to the said river Thames, within thirty-six calendar months, to be accounted from the date hereof, and that without deviation (the dangers and casualties of the seas excepted) and if the above bounden heirs, executors, or administrators, do and shall within days next after the said ship or vessel's arrival in the river Thames from the said intended voyage, or at the end and expiration of thirty-six calendar months, to be accounted as aforesaid, which of the said terms shall first and next happen, well and truly pay, or cause to be paid, to the above named executors, administrators, or assigns, the sum of £- of good and lawful money of Great Britain, together with £ of the like lawful money for every calendar month the said ship shall be out on the said voyage over and above twenty calendar months to the expiration of thirty-six calendar months, to be accounted as aforesaid, and so in proportion for less tine than a month. 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, or any other casualty, shall unavoidably happen, and the above bounden heirs, executors or administrators, do and shall within six calendar months next after such loss, pay and satisfy to the said executors, administrators or assigns, a just and proportionable average on all goods, merchandises and effects, the said carried out from England, on board the said ship or vessel, and on all other goods, merchandises and effects which may require during the said voyage, and which shall not be unavoidably lost, THEN, &c. OTHERWISE, &c.

Condition of a Bottomry Bond. From L

M

and back.

to

WHEREAS the good ship or vessel called the Justina, of the burthen of twelve hundred tons or thereabouts, whereof, I. M. is master, is now bound out and forthwith to depart on a voyage to L, and thence to Mto end her voyage. AND WHEREAS the owners of part of the said ship have not paid and furnished their respective proportions of the charges of fitting out the said ship for the said intended voyage, and thereupon the said master is necessitated to take up money for supplying and fitting the said parts of the said ship for

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