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in the year one thousand nine handred and
between (name of the owner) owner of the of of the burden of
tons or thereabouts, register measurement, now lying in the harbor of of the first part, and (name of the hirer) of the second part, witnesseth, that the said part of the first part, for and in consideration of the covenants and agreements hereinafter mentioned, to be kept and performed by the said part of the second part, do covenant and agree on the freighting and chartering of the said vessel unto the said part of the second part, for the voyage from the port of
on the terms following ; that is to say,
First. The said part of the first part do engage that the said vessel in and during the said voyage shall be kept tight, stanch, well-fitted, tackled, and provided with every requisite, and with men and provisions necessary for such a voyage.
Second. The said part of the first part do further engage that the whole of said vessel (with the exception of the cabin, the deck, and the necessary room for the accommodation of the crew, and of the sails, cables, and provisions) shall be at the sole use and disposal of the said part of the second part during the voyage aforesaid ; and that no goods or merchandise whatever shall be laden on board, otherwise than from the said part of the second part, or agent, without
consent, on pain of forfeiture of the amount of freight agreed upon for the same.
Third. The said part of the first part do further engage to take and receive on board the said vessel, during the aforesaid voyage, all such lawful goods and merchandise as the said part of the second part, or agents. may think proper to ship.
And the said part of the second part, for and in consideration of the covenants and agreements to be kept and performed by the said part of the first part, do covenant and agree with the said part of the first part, to charter and hire the said vessel as aforesaid, on the terms following, that is to say : First. The said part of the second part do
engage to provide and furnish to the said vessel
Second. The said part of the second part do further engage to pay to the said part of the first part, or agent, for the charter or freight of the said vessel during the voyage aforesaid, in the manner following, that
is to say:
It is further agreed between the parties to this instrument, that the said
part of the second part shall be allowed, for the loading and discharging of the vessel at the respective ports aforesaid, lay days as follows, that is to
and in case the vessel is longer detained, the said part of the second part agree
to pay to the said part of the first part, demurrage at the rate of
Spanish milled dollars per day for each and every day so detained, provided such detention shall happen by default of the said part of the second part, or agent.
It is further understood and agreed, that the cargo shall be received and delivered alongside within reach of the vessel's tackles.
It is also further understood and agreed, that this charter shall commence when the vessel is ready to receive cargo at her place of loading, and notice thereof is given to the part of the second part, or to agent
To the true and faithful performance of all the foregoing covenants and agreements, the said parties, each to the other, do hereby bind themselves, Their executors, administrators, and assigns, and also the said vessel, freight, tackle, and appurtenances; and the merchandise to be laden on board, each to the other, in the penal sum of
In Witness Whereof, The said parties have hereunto interchangeably set their hands and seals, this
(Signatures.) (Seals.) Signed, Sealed, and Delivered in the Presence of (Witnesses.)
A Bill of Lading. Shipped, in good order and well conditioned, by (name of the shipper) on board the
whereof is master, now lying in the port of
and bound for To say :-(here describe or enumerate the parcels) being marked and numbered as in the margin, and are to be delivered in the like good order and condition, at the aforesaid port of
(the dangers of the seas only excepted), unto (the name of the consignee) or to assigns, he or they paying freight for the said (here specify the rate of freight agreed to be paid) with
primage and average accustomed. In Witness Whereof, The master or purser of the said vessel hath affirmed to
bills of lading, all of this tenor and date ; one of which being accomplished, the others to stand void. Dated in the
(95.) Shipping Articles, in Common Use. United States of America. It is agreed, between the master and sea. men, or mariners, of the (name of the vessel) of whereof is at present master, or whoever shall go for master, now bound from the
That, in consideration of the monthly or other wages against each respective seaman or mariner's name hereunder set, they severally shall and will perform the above-mentioned voyage: And the said master doth hereby agree with and hire the said seamen or mariners for the 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 they, the said seamen or mariners, do 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 become good and faith. ful 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 abovesaid voyage be ended, and the said vessel be discharged of her loading, with. out 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
sea: man or mariner shall absent himself from on board the ship or vessel, with. out leave of the master or officer commanding on board, and the mate or other officer having charge of 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 fortyeight 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 imprison. ment, the wages are to cease.
And it is further agreed by both parties, that each and every lawful com. mand which the said master or other officer shall think necessary hereafter to issue for the effectual government of the said vessel, suppressing immor. ality and vice of all kinds, shall be strictly complied with, under the penalty of the person or persons disobeying forfeiting his or their whole wages or hire, together with everything belonging to him or them on board the said vessel.
And it is further agreed on, 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 the said vessel's final port of discharge, and her
delivered. And it is hereby further agreed, between the master, officers and sea. men of the said vessel, that whatever apparel, furniture, and 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 or insufficiency, it shall be made good by such officer or seaman, by whose means it may happen, to the inaster and own. ers of the said vessel.
And it is hereby expressly agreed, that should the said ship on the 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 damages 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 the 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 what. soever, especially and 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.
And whereas, it is 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 the said parties, that neither officer nor seaman shall, on any pretence what. ever, be entitled to such indulgence, but shall do their duty by day in dis. charge 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, selative 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 hereunto, that all such expenditures as may be incurred by reason of the forego ing premises shall be charged to, and deducted out of the wages of, any offi. cer or such one of the crew by whose means or for whose benefit the same shall have been paid.
And whereas, it often happens that part of the cargo is embezzled after being safely delivered into lighters, and as such losses are made good by the owners
rs of the vessel, be it therefore agreed by these presents, that whatever officer or seaman the master shali think proper to appoint, shall take charge of her cargo in the lighters, and go with it to the lawful quay, and there deliver his charge to the vessel's husband, or his representative, to see the same safely landed.
That each seaman or mariner who shall well and truly perform the abovementioned voyage (provided always that there be no desertion, plunderage, embezzlement, or other unlawful acts committed on the said vessel's cargo or stores) shall be entitled to the payment of the wages or hire that may become due to him pursuant to this agreement, as to their names is severally affixed and set forth : Provided, nevertheless, that if any of the said crew disobey the orders of the said master or other officer of the said vessel, or absent himself at any time without liberty, his wages due at the time of such disobedience or absence shall be forfeited ; and in case such person or persons so forfeiting wages shall be reinstated or permitted to do further duty, it shall not do away such forfeiture. It being understood and agreed, by the said parties, that parol proof of the misconduct, absence, or desertion of any officer or any of the crew of said vessel, may be given in evidence at any trial between the parties to this contract, any act, law, or usage to the contrary thereof notwithstanding.
In Testimony Whereof, and for the due performance of each and every of the above-mentioned articles and agreements, and acknowledgment of their being voluntarily, and without compulsion or any other clandestine means being used, agreed to and signed by us, we have each and every of us hereunto affixed our hands, the month and day against our names as hereunder written
And it is hereby understood and mutually agreed, by and between the parties aforesaid, that they will render themselves on board the said vessel, on or before
o'clock in the
This is signed by all the officers and crew, under seventeen columns, which give the following particulars : Date of entry, names, stations, birthplace, age, height in feet and inches, wages per month, advance wages, advance abroad, hospital money, time of service in months and days, whole wages, wages due, sureties, witness. On the back of this instrument is usually a receipt in full in the following words. It should be remarked, however, that the sailor's discharge of all demands for assault and battery, or imprisonment, etc., is of little, if any, legal force.