rators, and assigns, do hereby covenant and grant, to and with the said E. F. and G. H., for them, their, and either of their executors and administrators, by these presents, that the said ship (being already laden) shall, with the first good wind and weather after the date hereof, (God permitting,) sail directly from the said river Thames to the port of Leghorn, in Italy, (the perils and dangers of the seas excepted,) and there discharge such goods and merchandises, as shall be directed and appointed by the said E. F. and G. H., or one of them, their or one of their factors and assigns; and thence shall sail, and take their direct course, as wind and weather shall serve, with as much speed as may be, (the perils and dangers of the seas excepted,) to Venice, and there shall stay and abide the space of forty working days next after her first arrival there, to unlade all such goods and merchandises as shall remain on board for account of E. F. and G. H., after her delivery at Leghorn as aforesaid: and to relade such goods, wares, and merchandises, as the said E. F. and G. H., or either of them, their or either of their factors or assigns, shall think fit to charge, and relade on board and into the said ship, that is to say, so much as the said ship can conveniently carry, over and above her victuals, tackle, ammunition, apparel, and furniture.

And the said ship with her said loading shall, with the first good wind and weather, after the expiration of the said forty days, sail and proceed from the said city of Venice to London. And the said E. F. and G. H., for themselves and either of them, their and either of their executors and administrators, do covenant, promise, and grant, to and with the said A. B. and C. D., and either of them, their and either of their executors, administrators, or assigns, by these presents, that they, the said E. F. and G. H., or one of them, or their or one of their executors, administrators, or assigns, shall and will well and truly pay, or cause to be paid, to the said A. B. and C. D., or one of them, their or one of their executors or administrators, within the said city of London, for every ton of such wares and merchandises, as shall be laden or unladen in the said ship, during the said voyage, the sum of, &c. (counting the tonnage according to custom, or if a certain sum is agreed on for the voyage out and home, or so much per month,) for the part and interest of the said A. B. and C. D. in the said ship, and for and in respect of the freight and hire of their part of her: which said money is to be paid in manner and form following; that is to say, one third part thereof upon the right discharge of the said ship, and another third part thereof within the space of six weeks then next following, and the remaining third part thereof within the space of two months next ensuing after the end aud determination of the said six weeks.

And the said A. B. and C. D., for them and either of them, their and either of their executors and administrators, do covenant and grant to and with the said E. F. and G. H., their executors and administrators, by these presents, that the said ship, for their part, shall be strong and staunch, and well and sufficiently tackled and apparelled with sails, sail-yards, anchors, cables, ropes, gun-shot, artillery, gunpowder, and all other instruments, tackle, and apparel, needful and necessary for such a ship, and for such a voyage, together with an able master and sufficient number of mariners.

And, in the performance of all and every the covenants, grants, articles, and agreements, on the parts and behalf of every of the said parties, truly to be holden, performed, and kept, in all things as is aforesaid, the parties to these presents do bind themselves to one another; that is to say, the said A. B. and C. D. do, by these presents, bind themselves, and either of them, and their executors aud administrators, goods, and their part and interests in the said ship, with the furniture thereof, to the said E. F. and G. H., and to their executors and administrators; and the said E. F. and G. H. do, in like mauner, bind themselves, and either of them, their and either of their executors, administrators, and assigns, and all their goods and interest in the said ship, to the said A. B. and C. D., their executors and administrators, in the sum or penalty of £1000 of lawful money of Great Britain, by the party or parties infringing the said covenants, or any of them, to the other party or parties truly observing, to be paid by virtue of these presents.

The great variety of circumstances occasioned by different voyages naturally produce a correspondent diversity in charter-parties, all the different forms of which it would be impracticable and unnecessary to introduce, as the preceding may be varied to suit any purpose.

4 Charter-party between the Owners of a hired Freight Ship and the Trasport Board, providing especially for Demurrage.

Transport-Office, the

IT is this day mutually agreed between the commissioners for conducting his Majesty's transport service, (for and on behalf of his Majesty,) of the one part, on behalf of the owner of the ship undermentioned, of the on the terms and conditions

and

other part, for carrying

following, viz.

Ship's Name.

Register Tons.

Master's Name.

The said

agree that the aforesaid ship shall be tight, strong, and substantial, both above water and beneath, and provided with a sufficient number of men to navigate and with masts, yards, sails, anchors, cables, boats, and every thing else necessary and proper for the voyage as above mentioned; and that the master shall obey all orders that the said commissioners, their agents, or the officers in chief under whose command

rate of

may be.

from the day

may receive from

Twenty working days are to be allowed to the said commissioners for putting the lading on board the ship in reported by the officers of the said commissioners to be in readiness to receive it: and twenty working days to be allowed for unloading the ship at the place or places of delivery; but if detained by the officers of government, in loading and unloading, longer than the aforesaid forty working days altogether, demurrage is then to be allowed to the owners at the shillings per ton, registered tonnage, per calendar month, to be paid at the conclusion of the service, and upon the usual accounts being passed; but no claim for demurrage will be allowed, but what is vouched by a certifi cate under the hand of an agent of transports, if there be such an officer at the place where the demurrage is incurred; but should there not be such an officer, in that case only, a certificate from the commanding officer of his Majesty's ship or ships, or from the commissary-general, together with the ship's journal or log-book, will be admitted; but, on no account whatever, will an affidavit be deemed a sufficient document to establish a claim under the head of demurrage.

When the lading, ordered on board by the said commissioners, or their agents, received, and the master's signed receipts for the same, the ship

may appoint for

is

proceed to Portsmouth for convoy, and from thence with such convoy as the admirality protection, without any delay, to the place or places to consigned, where the master

which the lading

that

to deliver the

for

cargo agreeable to the bills of lading. Demurrage is to be allowed to the owners, provided the ship be detained, by orders from government, at Portsmouth, or any other port in Great Britain or Ireland, so be thereby prevented from sailing with the first convoy from the time of the sailing of such convoy, until the sailing of the next, at the rate before mentioned; but it is to be understood that no demurrage is to be allowed for any time the ship may be detained by the not sailing with convoy at the expected time, in consequence of foul winds, bad weather, or the orders of

government.

In consideration of which agreements, to be done and performed by the said on behalf of the owners, the said commissioners agree to pay for the freight of the aforesaid ship at the rate of per ton, for the quantity actually delivered at the place or places aforesaid, the tonnage so delivered being certified by the office to which the lading belongs, by transport bills, in the customary manner, together with demurrage, should any occur, which is to be vouched by documents from the proper officers; and farther, the usual certificates that the master

accounted for all government stores put on board, in failure of which, the value of the deficiency is to be made good according to the valuation which may be set upon

them by the department to which they belong, or else they are to be abated from the freight.

li is also agreed between the said parties, that, upon loss of time, breach of orders, or neglect of duty by the said master, being made appear, the said commissioners shall have free liberty and be permitted to mulct, or make such abatement out of the freight and pay of the said ship, as shall be by them adjudged fit and reasonable. To the true performance and keeping of all and singular the said agreements on the part of the said (on behalf of the owners,) the said hereby bind and oblige executors, administrators, and assigns, and the said ship, apparel, and furniture, unto the said commissioners for conducting his Majesty's transport service, (for and on behalf of his Majesty,) in the penalty of £500 of lawful money of Great Britain, by these presents, to be paid and recovered.

In witness whereof, the said set

(on behalf of the owners,)

hand and seal to one part hereof, and to the other part hereof the said commissioners (on behalf of his Majesty) have signed their names, and caused the seal of the transport-office to be affixed, the day and year above written. Signed, sealed, and delivered, (being first duly stamped) in the presence of

COURT OF COMMON PLEAS.

Trinity Term, 1832.

Madeiros v. Hill.-This was an action on a charter party for not proceeding to Terceira with a cargo of Salt, and not shipping at that island a cargo of Fruit; which the defendant resisted, on the ground that he was not bound to violate the blockade of Terceira.

The jury found a verdict for the plaintiff.

The court, in delivering judgment on the question, which was, that there was nothing illegal in a contract for landing a cargo in a blockaded port; said that where the effect of the blockade was equally within the knowledge of the contracting parties at the time of the contract, neither had a right to turn round afterwards and allege that fact as an excuse for not fulfilling his contract.

DEMURRAGE.

A given number of days is always allowed for the landing of goods, and if any "Demurrer" or stop be put by the proprietor or consignee, so that the goods cannot be discharged from the vessel within the time limited, she is said to be on demurrage, and the owner receives an allowance for such extra time as she is detained.

Where a vessel is chartered to the government it is very essential that the master pays particular attention, in case of demurrage, to procure the proper certificates, signed by the agents for transports, or commanders of his Majesty's ships, or commissary general, as mentioned particularly in the charter party.

When a vessel hired on freight has to deliver a given quantity of stores at a foreign port, the master on arrival immediately reports himself to the public officer, or his own consignee; and if the period called working days be permitted to elapse, (unless it arise from the fault of the master of the hired ship,) the charge for demurrage is calculated for every day exceeding it. A minute certificate of the facts should be procured from the agent of government, and transmitted immediately by the master to his owners, that the latter may apply for his freight-money.

In the case of Evans v. Foster and another, it was questioned whether he master of a vessel could maintain an action for demurrage. On the

4 Charter-party between the Owners of a hired Freight Ship Board, providing especially for Demurrage.

month, to be paid at the conclusion passed; but no claim for demurrage cate under the hand of an agent of where the demurrage is incurred; } only, a certificate from the comman the commissary-general, together but, on no account whatever, establish a claim under the head When the lading, ordered on

received, and the master's signe direct the disposal of Freight Money for the Co in the 59 Geo. III. c. 25., intituled " An Act to

OF FREIGHT, &c.

For Crown For treasure belong-
Treasure. ing to other parties.

department to which they belong, or else they are to be abated from the

between the said parties, that, upon loss of time, breach of orders, by the said master, being made appear, the said commissioners and be permitted to mulct, or make such abatement out of the said ship, as shall be by them adjudged fit and reasonable. ace and keeping of all and singular the said agreements on the (on behalf of the owners,)

the said

arniture, unto the said commissioners for conducting his for and on behalf of his Majesty,) in the penalty of executors, administrators, and assigns, and ey of Great Britain, by these presents, to be paid and

art hereof, and to the other part hereof the said (on behalf of the owners,) ty) have signed their names, and caused the he day and year above written.

t duly stamped) in the presence of

1

N PLEAS

32.

on a charter party for not and not shipping at that sted, on the ground that

eira.

estion, which was,

Eng a cargo in a de was equally ne of the con ge that fact

30

ach freight shall be payable, clear stipulated in the bill of lading, that and vessels shall not be liable to any

e or other articles, until the same shall els; and that their liability shall cease ne treasure at the port to which the ship

her respects, save what is hereby altered, the 9, and the rates and regulations thereby esta

mes's, the 23d day of April, 1831, and in the first

Jamation of the 23d day of April last, establish and de. reights should be payable for public and private treasure rships and vessels, we have, by and with the advice of it further to ordain, declare, and command, that from and Aber next, the freight for conveying gold and silver in any y two ports, the navigable distance between which shall exDe fixed at the rate of 1 per cent. both for gold and silver; and and declare, that the responsibility of the officer in charge of commence when it shall be safe alongside the said packet, and ent that it shall be landed at the port of destination. declared, that in all other respects the said proclamation of the 23d and the rules and regulations thereby established, shall continue in

at our court of St. James's this 8th day of June, 1831, in the first year of our reign.

God save the King.

Jose regulations chiefly relate to the manner of disposing of the freight.