1831.

FREEMAN

บ.

TAYLOR.

estimating the said space as equal to thirty-six pipes of wine or eighteen tons of measurement goods, together with the cabins and between decks, for the benefit of the said owner; and that having received the said goods on board, and completed the loading of the between decks, the said commander, or some other proper person as aforesaid, should and would, wind and weather permitting, set sail and proceed with the said vessel to the Cape of Good Hope, and thence to London, or direct to London, as the case might be; and having arrived at London, the said commander, or some other proper person as aforesaid, should and would make a right and true delivery of the said homeward cargo in the West India or London Docks, as directed by the said freighter, agreeably to bills of lading which should have been signed for the same, and there end the said intended voyage; the acts of God, the king's enemies, restraints of princes and rulers, fire, and all and every other the dangers and accidents of the seas, rivers, and navigation, of what nature and kind soever, excepted: And the said owner did thereby further agree with and to the said freighter, his executors, administrators, and assigns, that the said ship should lie in the port of London aforesaid for receiving the said outward goods until the 20th day of May then next ensuing, if required by the said freighter, and at Bombay, for delivering the said outward goods, and receiving on board the said homeward cargo, and at the Cape of Good Hope, in case the said ship should call there on her homeward voyage, for the purpose of the said freighter, as thereinafter provided, for the space of fifty running days in the whole, if not sooner despatched, such lay days to commence and be accounted from the days on which the said ship should respectively be ready to discharge the said goods at Bombay and the Cape of Good Hope aforesaid, and

notice thereof should be given as aforesaid; and the said owner also agreed to provide sufficient ballast for the said vessel at Bombay, in case the correspondents of the said freighter should not provide any or sufficient heavy or dead weight goods for that purpose; and also that the said ship should be addressed to the correspondents of the said freighter at Bombay aforesaid, who were to be allowed the usual commission upon all freight or passengers procured by them for the benefit of the said owner in the between decks and cabins: in consideration whereof and of every thing thereinbefore mentioned, the said freighter did therefore for himself, his executors, administrators, and assigns, promise and agree with and to the said owner, his executors, administrators, and assigns, that he the said freighter, his executors, administrators, correspondents, or assigns, some or one of them, should and would, at his and their own costs, expense, and risk, send alongside the said ship in the aforesaid port of London such quantity of lawful goods as he might think fit to load, not exceeding as aforesaid, in sufficient time to enable the said ship to clear outwards at that port on or before the 20th day of May then next ensuing, and receive the same from alongside the said ship at Bombay as aforesaid, and at their or his like costs, expenses, and risks, send alongside the said ship at Bombay as aforesaid such quantity of cotton and other lawful goods, both or either, as should be sufficient to load the lower hold of the said vessel, together with a sufficient quantity of goods to fill up the broken stowage, and no more, the space occupied therein by the fifteen chaldrons of coals on the outward voyage, estimating the said space as equal to thirty-six pipes of wine, or eighteen tons of measurement goods, being again reserved on the homeward voyage for the benefit of the said owner as aforesaid, and despatch

1831.

FREEMAN

v.

TAYLOR.

1831.

FREEMAN

บ.

TAYLOR.

spatch her therewith to London, or to the Cape of Good Hope and London, within the days thereinbefore limited for those purposes, or days of demurrage thereinafter granted; and in like manner receive the said homeward cargo in the port of London with all possible despatch; and should and would well and truly pay or cause to be paid unto the said owner, his executors, administrators, and assigns, in full for the freight of the lower hold of the said ship for the said voyage out and home, and including the freight of all goods discharged and reladen at the Cape of Good Hope as therein stipulated, at and after the rate of 77. sterling money of Great Britain per ton for each and every ton stowed in the lower hold when the ship was despatched from Bombay, or by the said charterparty engaged to be provided for stowing therein, always excepting the freight of the space reserved for stowage of thirty-six pipes of wine or eighteen tons of measurement goods for owner's account, --such freight to be paid as follows: 3007. part thereof, deducting two months' interest at the rate of 5l. per cent. per annum in cash in London, to be paid on the day on which the said vessel should clear outwards at the aforesaid port of London; 350l. further part thereof by the acceptance of the said freighter at two months' date from the same day; and the remainder on a right and true discharge of the said goods, by a good and approved bill payable in London at two months' date from the day on which the said ship should report inwards at the customhouse, London, after deducting such monies as might have been advanced to the commander of the said vessel by the correspondents of the said freighter at Bombay aforesaid, together with the premium of insurance to be effected by the said freighter on freight to the amount of such last-mentioned advance:

And the Plaintiff, in fact, said, that the said ship

being tight, staunch, and strong, and every way properly victualled and manned, as was usual for vessels in the merchants' service, and for the voyage in the said charterparty named, the Plaintiff, as commander of the said ship, did afterwards, to wit, on, &c. at, &c. take on board the said ship in the West India Docks, in the said port of London, such quantity of lawful merchandize as the Defendant thought proper to ship in the lower hold; and having received the same on board, the said ship was afterwards, to wit, &c. at, &c. despatched therewith, and the said Plaintiff then and there set sail and proceeded with the said vessel, with the said goods so on board thereof as aforesaid, to Madeira and the Cape of Good Hope, &c., and afterwards, to wit, on, &c., at, &c. arrived at Madeira and the Cape of Good Hope, and then and there discharged and disembarked all the goods and passengers destined for those ports, to wit, at, &c.; and did afterwards, to wit, on, &c. at, &c. proceed with all convenient speed to Bombay; and did afterwards, to wit, on, &c. at, &c. arrive at Bombay aforesaid; and the said ship was then and there addressed to the correspondents of the said freighter at Bombay aforesaid, and the said Plaintiff was then and there ready to discharge the said goods from the said ship, and did then and there give immediate notice thereof to the correspondents and assigns of the said Defendant at Bombay aforesaid, to wit, at, &c., and did then and there make a right and true delivery of the whole of the said outward bound goods, except such goods as were shipped by the agents of the said Defendant at the Cape of Good Hope for Bombay and London, freight free, and agreeably to bills of lading which had been signed for the same, according to the terms of the said charterparty, to wit, at, &c.; and having completed such delivery, the said Plaintiff was then and there ready to receive and take on board VOL. VIII.

K

in

1831.

FREEMAN

V.

TAYLOR.

1831.

FREEMAN

v.

TAYLOR.

in the lower hold of the said ship at Bombay aforesaid from the said freighter, his correspondents or assigns, all such quantity of cotton or other lawful goods, both or either, together with a sufficient quantity of goods to fill up the broken stowage as the said freighter, his correspondents or assigns, at Bombay aforesaid, should think fit to ship and load on board of the said ship; of all which said several premises the said Defendant afterwards, to wit, on, &c. at, &c. had notice; yet the said Defendant, not regarding his said promise and undertaking, but contriving and fraudulently intending to deceive and defraud the said Plaintiff in that behalf, did not, nor would within the said lay days or days of demurrage in the said charterparty mentioned, or either of them, hor did nor would any other person or persons in his behalf, at his or their costs, expense, and risk, send alongside the said ship at Bombay aforesaid such a quantity of cotton or other lawful goods, together with a sufficient quantity of goods to fill up the broken stowage, as would have been sufficient to have loaded the lower hold of the said ship, excepting the space so reserved for the benefit of the owner and commander as aforesaid, or any quantity of cotton or other goods, or any goods for broken stowage whatsoever, but wholly neglected and refused so to do, and otherwise wholly failed and made default, to wit, at, &c.; by means of which said several premises, the Plaintiff not only lost and was deprived of all the profit and advantage which he might and otherwise would have made by the freight and primage of the said homeward bound cargo, amounting to a large sum of money, to wit, the sum of 3000%., but was also put to great charges and expenses in and about endeavouring to procure and procuring another freight for his said ship for her homeward voyage, amounting to a further large sum of money, to wit, the sum of 500l.; and also,

by