an owner, or may proceed in admiralty against the ship, at his election.

Bottomry is in the nature of a mortgage of the ship, as will be seen by reference to form No. 2, annexed. This is done when money is hired for the completion of a voyage, and the ship's keel or bottom is pledged as security, and may be, and usually is, at a high rate of interest, which is valid and legal, as the lender takes a risk of the loss of his entire loan.

Respondentia is a similar contract for the borrowing of money for the completion of a voyage, to be repaid with a high rate of interest if the voyage terminate safely, and if otherwise, to be wholly lost to the lender.

Neither of these contracts are of frequent occurrence.

1. BILL OF Lading.

Shipped in good order and well conditioned by F. C. on board the ship called the Glen Mary, whereof H. T. is masE. F. ter, now lying in the port of New London and bound England. for Liverpool, England.

Liverpool,

Pks. Wt.

1-240 lbs. 2-310"

4-228" 5 315" 6-294"

Ten (10) Pkgs. Mdse. marked and numbered as 3-285 " in the margin, and are to be delivered in the like order and condition at said port of Liverpool, England, the dangers of the seas only excepted, unto E. F. or his assigns, he or they paying freight for the said packages the sum of

7312

8-272

9-345

"

10-322"

Each pkg.

marked

А. Н.

dollars with

mage and average accustomed.

cents pri

In witness whereof, the master or purser of said vessel hath affirmed to two bills of lading both of this tenor and date, one of which being accomplished the other to stand void.

Dated at

the

day of

A. D. 18

H. T. Master.

2. BOTTOMRY BOND.

Know all men by these presents, that I, A. B., now master and commander of the vessel called the of the bur

den of about tons, now lying at the port of am held and firmly bound unto C. D. of in the sum of dollars, money of the United States, to be paid to the said C. D. or to his certain attorney or assigns, for which payment I bind myself, my heirs and personal representatives, and also the said vessel, her tackle, apparel, and furniture, firmly by these presents.

Whereas the above bounden A. B. has been obliged to take up and borrow, and has received of the said C. D. for the use of the said vessel and for the purpose of fitting the same for sea, the sum of two thousand dollars money of the United States, which sum is to be and remain as a lien and bottomry on the said vessel, her tackle, apparel, and furniture, at the rate or premium of thirty per cent. for the voyage, in consideration whereof all the risks of the seas, rivers, enemies, fires, pirates, &c. are to be on account of the said C. D. And for the better security of the said sum and premium, the said master doth by these presents hypothecate and assign over to the said C. D., his heirs, personal representatives, and assigns, the said vessel, her tackle, apparel, and furniture.

And it is hereby declared that the said vessel is thus hypothecated and assigned over, for the security of the money so borrowed and taken up as aforesaid, and shall be delivered for no other use or purpose whatever until this bond is first paid, together with the premium hereby agreed to be paid thereon.

Now, the condition of this obligation is such, that if the above bounden A. B. shall well and truly pay or cause to be paid unto the said C. D., his certain attorney or assigns, the just and full sum of two thousand dollars, money of the United States as aforesaid, being the sum borrowed, and also the

then

premium as aforesaid, at or before the expiration of ten days after the arrival of the said vessel at the port of this obligation and the said hypothecation to be void and of no effect, otherwise to remain in full force and virtue. A. B. [L. S.]

Sealed and delivered,

of

in presence of

3. SHIPPING ARTICLES IN USE IN NEW YORK.

UNITED STATES OF AMERICA.

Between the master and seamen or mariners of the

whereof

is at present master, or whoever shall go for master, now bound from the port of New York

It is hereby expressly agreed, that if said ship while on said voyage be seized, detained, or fined, for smuggling tobacco or any other article by one or more of the undersigned sailors, cooks, or stewards, they shall all be responsible for the damage thence resulting, and shall severally forfeit their wages and all their goods and chattels on board, to the amount of such damage; and that the certificate of the person or persons who may seize, detain or fine said ship, for smuggling, signed by him or them and verified by the American Consul at under his seal of office, shall be conclusive evidence of the facts therein stated, in all courts whatsoever; especially, as to the fact that smuggling had been committed, the individual or individuals by whom the same had been committed, the amount of the fine imposed therefor upon the said ship, the incidental expenses thereon, and the number of days the said ship was detained in consequence thereof. No grog allowed, and none to be put on board by the crew, and no profane language allowed, nor any sheath knives permitted to be brought or used on board.

That in consideration of the monthly or other wages set against each seaman or mariner's name, they severally will perform the above mentioned voyage. And the said master doth agree with and hire the said seamen and mariners for

said voyages, at such monthly wages or prices, to be paid pursuant to this agreement and the laws of the Congress of the United States of America. And the said seamen or mariners severally hereby promise and oblige themselves, to do their duty and obey the lawful commands of their officers on board the said vessel or the boats thereunto belonging as good and faithful seamen or mariners; and at all places where the said vessel shall put in, or anchor at, during the said voyage, to do their best endeavors for the preservation of the said vessel and cargo; and not to neglect or refuse doing their duty by day or night; nor shall go out of the said vessel on board any other vessel, or be on shore, under any pretence whatsoever until the aforesaid voyage be ended and the said vessel be discharged of her loading, without leave first obtained of the captain or commanding officer on board; that in default thereof he or they will be liable to all the penalties and forfeitures mentioned in the. Marine Law, enacted for the government and regulation of seamen in the merchants' service, in which it is enacted, "That if any seaman or mariner shall absent himself from on board the ship or vessel, without leave of the master or officer commanding on board, and the mate or other officer having in charge the log-book shall make an entry therein of the name of such seaman or mariner, on the day on which he shall so absent himself; and if such seaman or mariner shall return to his duty within forty-eight hours, such seaman or mariner shall forfeit three days' pay for every day which he shall so absent himself, to be deducted out of his wages: but if any seaman or mariner shall absent himself for more than forty-eight hours at one time, he shall forfeit all wages due to him, and all his goods and chattels which were on board the said ship or vessel, or in any store where they may have been lodged, at the time of his desertion, to the use of the owner or owners of the said ship or vessel; and, moreover, shall be liable to pay him or them all damages which he or they may sustain, by being obliged to hire other seamen or mariners in his or their place.

And it is further agreed, that in case of desertion, death, or imprisonment, the wages are to cease.

And it is further agreed by both parties, that each and every lawful command, which the said master or other officer shall think necessary hereafter to issue, for the effectual gov ernment of the said vessel, or suppressing immorality and vice, shall be strictly complied with, under the penalty of the person disobeying forfeiting his whole wages or hire, together with everything belonging to him on board the said vessel.

And it is further agreed that no officer or seaman belonging to the said vessel shall demand or be entitled to his wages or any part thereof, until the arrival of said vessel at her final port of discharge, and delivery of her cargo.

And it is hereby further agreed between the master, officers, and seamen of the said vessel, that whatever apparel, furniture or stores, each of them may receive into their charge, belonging to the said vessel, shall be accounted for on her return; and in case anything shall be lost or damaged through their carelessness and inefficiency, it shall be made good by such officer or seaman by whose means it may happen, to the master and owners of the said vessel.

And whereas, it it customary for the officers and seamen, while the vessel is in port or while the cargo is delivering, to go on shore at night to sleep, greatly to the prejudice of such vessel and freighters: be it further agreed by said parties, that neither officer or seaman shall, on any pretence whatever, be entitled to such indulgence, but shall do their duty by day in discharge of the cargo, and keep such watch by night as the master shall think necessary to order relative to said vessel or cargo. And whereas it frequently happens, that the owner or captain incurs expenses while in a foreign port, relative to the imprisonment of one or more of his officers or crew, or in the attendance of nurses, or in the payment of board on shore for the benefit of such person or persons: now it is understood and agreed by the parties hereto, that all such expenses as may be incurred, by reason of the foregoing premises, shall be charged to and deducted out of the