CHARTERPARTY.

With Convoy.

No. CCXC.

*A Charterparty by several Owners in Copartnership to Freighters in Copartnership (1), to proceed abroad with Convoy.

WITNESS.

Owners let to hire at freight.

Covenant by owners to fit ship

for voyage.

ship (name), of

day of

THIS CHARTERPARTY OF AFFREIGHTMENT, indented, made, and
concluded upon this
in the year of our Lord
BETWEEN (owners) of &c., merchants and partners in trade carry-
ing on business under the firm of
and being owners of the
tons register admeasurement, or thereabouts,
now lying in, &c., whereof (master) is now master, of the one part;
and (freighters) of, &c. also merchants and partners in trade, carry-
ing on business under the firm of
of the other part; WIT-
NESSETH, that the said (owners) have let, and the said freighters have
taken and hired the said vessel to freight for the voyage, upon the terms
and conditions following: Whereupon the said owners do covenant,
promise, and agree to and with the said freighters by these presents,
that the said vessel shall be tight, staunch, and strong, well and suffi-
ciently manned, provided, and furnished with all things needful and
necessary for such a vessel on her intended voyage hereinafter men-
tioned; and that he the said master shall take and receive on board
the said vessel at or in, &c. all such legal goods and merchandizes
as they the said freighters may think proper to ship, not exceeding
what she can reasonably stow and carry, over and above her tackle,
apparel, provisions, and other necessaries; and on being fully loaded
and afterwards despatched, shall join and proceed with the first
convoy to
in the Island of
and on his
arrival there deliver, agreeably to bills of lading, unto the agents or
assigns of the said freighters, all the goods and merchandizes laden
on board the said ship in the river
as aforesaid, and upon
such a right and true delivery, the said intended voyage to end;

(1) See notes to No. CCLXXXIX. ante, p. 310.

the acts of God and the king's enemies, fire, and all and every the
dangers and accidents of the seas and of navigation, of whatever
nature and kind soever, restraint of princes and rulers, and all
other unavoidable casualties during the said voyage always excepted:
AND for the purposes of loading the said vessel in the river
the said (owners) agree to allow from the day of the date hereof,
until within a sufficient time for the said vessel to join the convoy
which is appointed to sail the

aforesaid, the space of

CHARTERPARTY.

With Convoy.

Time allowed to 2 join convoy.

instant, and for unloading at
running days in the whole, if

nants to load

required, to be accounted and reckoned from the day she is ready to discharge, and notice thereof given in writing to the agents of the said freighters: In consideration whereof the said freighters do Freighters covecovenant, promise, and agree to and with the said (owners) by ship. these presents, to load or cause to be loaden on board the said vessel in the river a full and complete cargo of all such legal goods and merchandizes as they may think proper, not exceeding as aforesaid, in time to depart with the convoy (1) to sail as aforesaid, and by themselves or agents receive the same out of the said vessel at aforesaid, within the time hereinbefore mentioned, or days of demurrage hereinafter limited: AND also that they the said freighters And pay freight will well and truly pay or cause to be paid unto the said (owners) or their assigns, for the freight or hire of the said vessel for the aforesaid voyage, at and after the rate of L per ton, agreeably to the tonnage inserted at the foot hereof, in full satisfaction of all freight, primage, and port charges; the same to be paid in manner hereinafter mentioned; that is to say, one half in cash at the clearing out of the said vessel at the custom-house in London, and the other half on a right and true delivery of the cargo by good bills on London at

&c.

days sight. AND it is also further agreed upon by and between the Running days. said parties, that it shall and may be lawful for the said freighters

to keep the said vessel on demurrage during the said voyage the
space of
running days if required; they paying or causing to

be paid unto the said (owners), or their assigns, for the same, at

(1) It has been held that a proviso in a charterparty that the ship Convoy. shall arrive and be ready to load a given time before the sailing of convoy, bears relation to the time of loading with respect to the ship's sailing, and not with respect to the general obligation executed, or other matters; Duffell v. Brocklebank, 4 Price, 36. Hence the charterparty should, if a contra intention exist between the parties, be worded accordingly. The case of Shadwell v. Higgins, 3 Campb. 383. seems however to suppose a different construction, sed quære?

CHARTERPARTY.

With Convoy. Penalty.

Penalty.

and after the rate of £ per ton register per day, anything
herein contained to the contrary thereof in anywise notwithstanding.
AND for the true and faithful performance of all and every the fore-
going covenants, promises, and agreements, the said parties do
bind themselves, their heirs, executors, and administrators, (espe-
cially the said (owners) of the said ship or vessel, her freight and
appurtenances, and the said freighters, the merchandizes to be laden
in her) each to the other of them in the penal sum (1) of £ of
good and lawful money of Great Britain firmly by these presents.
IN WITNESS whereof they the said parties to these presents have
hereunto interchangeably set their hands and seals the day and year
first above written.

Sealed and delivered, being first duly stamped,
in the presence of

(1) See ante, p. 314, n. (3).

No. CCXCI.

*A Charterparty (1) by one Copartner-Owner on behalf of the rest, and a part Freighter on behalf of the others, to sail with or without Convoy.

CHARTERPARTY.

With or without
Convoy.

this

day of

THIS CHARTERPARTY OF AFFREICHTMENT, indented, had, made,
and concluded at
year, &c. and in the year of our Lord 18 BETWEEN
&c., acting owner of the good ship or vessel called the
tons measurements or thereabouts, whereof

in the

of,

of

is at pre

sent master, now lying in the river
for and on behalf of the
rest of the part-owners of the said ship, of the one part; and of,
&c., merchant, acting for and on the behalf of his house or trade,
under the firm of freighters of the said ship, of the other
part; WITNESSETH, that the said (owners) for the considerations
hereinafter mentioned do hereby covenant, promise, and agree to and
with the said (freighters), their executors, administrators, and as-
signs, that the said ship or vessel being tight, staunch, and sub-
stantial, and properly fitted, victualled, and manned for the voyage
hereafter mentioned to be performed, the said master or some other
proper person in his stead shall and will immediately receive and
take on board the said ship or vessel in the river from the said
freighters, their agents, correspondents or assigns, a full and com-
plete cargo of and other lawful goods, to consist of such kind
and qualities as the said freighters may think proper, not exceeding
what the said ship or vessel can conveniently stow and carry in her,
over and above her stores, tackle, apparel, and provisions; and hav-
ing received the same on board, and being despatched, shall and will
(wind and weather permitting) set sail from the river afore-
said, and proceed to the island of
India con-
voy expected to sail on the

day of

with the

now next ensuing,

(1) See notes to No. CCLXXXIX. ante, p. 310.

WITNESS.

Owners cove

nant to fit out

ship and receive

cargo.

CHARTERPARTY.

With or without
Convoy.
And deliver

same.

Ship to lay in port to dis

charge.

or without the said convoy, the said ship or vessel being in all and every respect fully and properly armed and manned, and legally authorized to sail as an armed vessel and letter of marque; and on the said ship's arrival at the said island, the said (master), or any other the master of the said vessel for the time being, shall and will give notice thereof in writing to the agents, correspondents, or assigns of the said (freighters), and shall and will make a right and true delivery of the said cargo unto them, some or one of them, at in the said Island of agreeably to the bills of lading that may be signed for the same; and upon such a right and true delivery, the said intended voyage to end (the dangers of the seas and enemies, restraint of princes and rulers, and other unavoidable casualties always excepted). AND the said (owners) do hereby further covenant, promise, and agree to and with the said (freighters), their executors, administrators, and assigns, that the said ship or vessel shall and will, if required, lay at her destined port of discharge, for the delivery of the said cargo, the space or time of running days; such lay days to commence from the day the said ship shall arrive there, and be ready to deliver the said cargo. In consideration whereof, and of every thing above-mentioned, they the said (freighters) do hereby covenant, promise, and agree to and with the said (owners), their executors, administrators, and assigns, that they the said (freighters), their executors, administrators, correspondents, agents, or assigns, some or one of them, shall at their own proper costs and charges send, or cause a full and complete cargo of or other lawful goods to be sent alongside the said ship in the river aforesaid, and despatch her in proper time to sail with the aforesaid convoy, provided the said ship or vessel should sail with convoy, or within days, provided the said ship or And pay freight. vessel sails without convoy; and likewise that he the said (freighters) shall and will pay or cause to be paid unto the said (owners), their executors, administrators, and assigns, freight for the said cargo at and after the rate (1) per ton, reckoning the ton as hereinafter mentioned;

Covenant by freighters to send cargo to ship.

Variation.

(1) It is sometimes varied, and such additions made as follow :— "AT and after the rate of s. sterling per ton for and during the term of six calendar months at the least, to be reckoned and accounted from the and so in proportion for any time less than a whole calendar month; and at and after the like rate for all such further time, if any, as the said ship shall or may be kept and detained in the service of the said (freighter), and until her