AGREEMENTS. Mariners. considerable time at the quay before they can be unloaded, such officer or seaman so appointed shall, in that case, be entitled to two shillings and sixpence for every twenty-four hours, exclusive of his said monthly pay. That each seaman and mariner who shall well and truly perform the above-mentioned voyage (provided always, that there be no plunderage, embezzlement, or other unlawful acts by him committed on the said vessel's cargo or stores), shall thereupon be entitled to the wages or hire which may become due to him pursuant to this agreement. That for the due performance of each and every the Due perforabove-mentioned articles, agreements, and as an acknowledgement of their being voluntary and without compulsion, and of no other clandestine means being used, the said parties have each and every of them subscribed their names, the month and day against their respective names as hereunder written. mance AGREEMENTS. Mariners. No. XLIV. *An Agreement between Master and Mariners in the West India Trade (1). orders, &c. BETWEEN the master, seamen, and marinow bound for the port of and IT IS HEREBY AGREED, ners of the ship (master or commander), the master or commander of the said ship, as follows (1), that is to say, that in consideration of the monthly or other wages against each respective seaman or mariner's name hereunto set, they severally shall and will perform the above-mentioned voyage; and the said master doth hereby agree with and hire the said seamen and mariners for the said voyage at such monthly wages, Seamen to obey to be paid pursuant to the laws of Great Britain; and they the said seamen and mariners do hereby promise and oblige themselves to do their duty, and obey the lawful commands of their officers on board the said ship or boats thereunto belonging, as become good and faithful seamen and mariners, and at all places where the said ship shall put in or anchor during the said ship's voyage, to do their best endeavours for the preservation of the said ship and cargo, and not to neglect or refuse doing their duty by day or night; nor shall go out of the said ship on board any other vessel, or be on shore under any pretence whatsoever, till the voyage is ended, and the ship discharged of her cargo, without leave first obtained of the master, captain, or commanding officer on board; and in default thereof they freely agree to be liable to the penalties mentioned in the act of parliament, made in the second year of the reign of King George the Second, intituled, " An act for the better regulation and government of seamen in the merchants' service ;" and the act, made in the thirtyseventh year of the reign of King George the Third, intituled, "An act for preventing the desertion of seamen from British merchants' 37 Geo. 8. c. 73. (1) By the 37th Geo. III. c. 73. sec. 11. it is provided that articles of agreement entered into between the master, seamen, and mariners of ships trading to the West India colonies, shall be to the above purport or effect. AGREEMENTS Mariners. Desertion. ships trading to his Majesty's colonies and plantations in the West Indies:" AND it is further agreed by the parties to these presents, that twenty-four hours' absence, without leave, shall be deemed a total desertion, and render such seamen and mariners liable to the forfeitures and penalties contained in the acts above recited; that each and every lawful command which the said master shall think necessary to issue for the effectual government of the said vessel, suppressing immorality and vice of all kinds, be strictly complied with, under the penalty of the person or persons disobeying, forfeiting his or their whole wages or hire, together with every thing belonging to him or them on board the said vessel: AND it is further agreed, that no officer or seaman, or person belonging to the said ship, shall demand or be entitled to his wages, or any part thereof, until the arrival of the said ship at the above-mentioned port of discharge, and her cargo delivered, nor less than twenty days, in case the seaman is not employed in the delivery: AND it is hereby further agreed between the Damage. master and officers of the said ship, that whatever apparel, furniture and stores, each of them may receive into their charge, belonging to the said ship, shall be accounted for on her return; and in case any thing 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 master and owner of the said ship: AND whereas it is customary for the officers and seamen on the ship's Indulgences. return home in the river, and during the time their cargoes are delivering, to go on shore each night to sleep, greatly to the prejudice of such ship and freighters; BE it further agreed by the said parties, that neither officer nor seaman shall, on any pretence whatsoever, 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 or commander of the said ship shall think necessary, in order for the preservation of the above: AND whereas it often happens that part Embezzlement. of the cargo is embezzled after being delivered into lighters, and as such losses are made good by the owners of the ships; Be it therefore agreed, by these presents, that whatever officer or seaman the master shall think proper to appoint, shall take charge of the cargo in the lighters, and go with the same to the lawful quay, and there deliver his charge to the ship's husband, or his representative, or see the same safely weighed at the King's beam; and in consideration of his true fidelity, such officer or seaman shall be entitled to two shillings and sixpence each lighter, exclusive of his monthly pay; and should it so happen that lighters are detained a considerable time at the quay before they can be unloaded, such officer and seaman so ap AGREEMENTS. Mariners. pointed shall in that case be entitled to two shillings and sixpence for Table of Names, &c. to be underwritten as ante, No. XLIII. No. XLV. * Agreement between Merchants for the Sale and Delivery of Goods and Merchandise on the arrival of the ship in the port, and the Purchase Money being paid (1). AGREEMENTS. Merchants. MEMORANDUM of an agreement made this to sell and deli ver. the year 18 BETWEEN (vendor) of &c. of the one part, and Vendor agrees (vendee) of &c. of the other part, as to the sale and purchase respectively of certain goods and merchandize, of or under the orders of the said (vendor) now in or proceeding to the River Thames (or as the case may be,) and hereinafter named, as follows: that is to say: The said (vendor) for himself, his executors and administrators, doth hereby promise and agree with and to the said (vendee), his executors, administrators, and assigns, that he the said (vendor) shall and will deliver, or cause to be delivered unto the said (vendee), his executors, administrators, or assigns, in the River Thames, freight free, and clear from damage weight of of the several sorts, and to pay. agreeable to the several patterns hereunto annexed or underwritten, at the several prices or sums of £ for &c. the price or sum of £ for &c. the same respectively being paid for on such delivery in money or goods to be approved of by him the said (vendor). AND the said Vendee agrees (vendee) for himself, his executors, administrators, and assigns, doth hereby promise and agree, with and to the said (vendor), his executors and administrators, that he the said (vendee), his executors, administrators, or assigns, shall and will, upon notice to him or them given by the said (vendor), his executors or administrators, of the said ship, goods, and merchandize, being arrived in the River Thames, and in (1) The student is not to imagine that the following precedent is in the Memorandum. form of a memorandum, instead of articles of agreement, as in the preceding forms, on account of the subject-matter of the agreement requiring this particular form: all the forms usually adopted are equally valid and proper (subject to the remarks in the Introductory Essay), and the variations in this respect found in the present work, are to be considered as accidental, and without view to any particular design or object. |