However, the merchant, at his own charges, may unlade his goods during shutting up of the port, upon condition either to relade them, or indemnity the master.

Form of a Charter Party of Affreightment.

This charter party, indented, made, &c., between A. B., &c., mariner, master, and owner, of the good ship or vessel, called, &c., now riding at anchor at, &c., of the burthen of two hundred tons, or thereabout, of the one part, and C. D., of, &c., merchant, of the other part, witnesseth, that the said A. B., for the consideration hereinafter mentioned, hath granted, and to freight letten, and by these presents doth grant, and to freight let, unto the said C. D., his executors, administrators, and assigns, the whole tonnage of the hold, stern-sheets, and half-deck, of the said ship or vessel called, &c., from the port of London, to, &c., in a voyage to be made by the said A. B. with the said ship, in manner hereinafter mentioned, (that is to say,) to sail with the first fair wind and weather that shall happen after, &c., next, from the port of London, with the goods and merchandise of the said C. D., his factors or assigns, on board, to, &c., aforesaid, (the danger of the sea excepted,) and there unlade and make discharge of the said goods and merchandises; and also shall there take into and on board the said ship again, the goods and merchandise of the said C. D., his factors or assigns, and shall then return to the port of London, with the said goods, in the space of, &c., limited for the end of the said voyage. In consideration whereof, the said C. D., for himself, his executors, and administrators, doth covenant, promise, and grant, to and with the said A. B., his executors, administrators, or assigns, by these presents, that the said C. D., his executors, administrators, factors, or assigns, shall and will well and truly pay, or cause to be paid, unto the said A. B., his executors, administrators, or assigns, for the freight of the said ship and goods, the sum of, &c., (or so much per ton) within twenty-one days after the said ship arrived, and goods returned, and discharged at the port of London aforesaid, for the end of the said oyage; and also shall and will pay for demurrage, (if any shall be by default of him, the said C. D., his factors, or assigns,) the sum of, &c., per day, daily, and every day, as the same shall grow due. And the said A. B., for himself, his executors, and administrators, doth covenant, promise and grant, to and with the said C. D., his executors, administrators, and assigns, by these presents, that the said ship or vessel shall be ready at the port of London to take in goods by the said C. D., on or before, &c., next coming. And the said C. D., for himself, his, &c., doth covenant and promise, within ten days after the said ship or vessel shall be

thus ready, to have his goods put on board the said ship, to proceed on in the said voyage; and also, on arrival of the said ship at, &c., within, &c., days to have his goods ready to put on board the said ship, to return on the said voyage. And the said A. B. for himself, his executors, and administrators, doth further covenant and grant, to and with the said C. D., his executors, administrators, and assigns, that the said ship or vessel now is, and at all times during the voyage shall be, to the best endeavours of him, the said A. B., his executors, and administrators, and at his and their own proper cost and charges, in all things made and kept stiff, staunch, strong, well apparelled, furnished, and provided, as well with men and mariners sufficient and able to sail, guide, and govern, the said ship, as with all manner of rigging, boats, tackle, and apparel, furniture, provision, and appurtenances, fitting and necessary for the said men and mariners, and for the said ship during the voyage aforesaid. In witness, &c.

The following is the Form of a Charter party, whereby the Owners of one Moiety of a Ship let to freight their Share to the Owners of the other Moiety.

This charter party, indented, made, &c., between A. B. and C. D., of London, merchants, owners of one moiety, or halfpart, of the good ship or vessel called the Neptune, of the burthen of 200 tons, with the like moiety of all the sails, masts, tackle, apparel, furniture, ordnance, and appurtenances, thereto belonging, riding at anchor in the River Thames, within the port of London, of which the said C. D. is master, of the one part, E. F. and G. H., of London, merchants, owners of the other moiety and residue of the said ship with the masts, sails, tackle, ordnance, furniture, and apparel, thereunto belonging, on the other part, witnesseth, that the said A. B. and C. D., have granted and letten to freight, and by these presents do grant and let to freight, all their said part and moiety of the said ship and premises, unto the said E, F. and G. H., for a voyage with her (by God's grace) to be made in the manner and form following:

That is to say, that the said A. B. and C. D. for them, their executors, administrators and assigns, do hereby covenant and grant, to and with the said E. F. and G. H., for them, their and either of their executors, and administrators, by these presents, that the said ship (being already laden) shall, with the first good wind and weather after the date hereof, (God permitting,) sail directly from the said river Thames to the port of Leghorn, in Italy, (the perils and dangers of the seas excepted,) and there discharge such goods and merchandises as shall be directed and

appointed by the said E. F. and G. H., or one of them, their or one of their factors and assigns; and thence shall sail, and take her direct course, as wind and weather shall serve, with as much speed as may be, (the perils and dangers of the seas excepted,) to Venice, and there shall stay and abide the space of forty working days next after her first arrival there, to unlade all such goods and merchandises as shall remain on board for account of E. F. and G. H., after her delivery at Leghorn, as aforesaid; and to relade such goods, wares and merchandises, as the said E. F. and G. H., or either of them, their or either of their factors or assigns, shall think fit to charge and relade on board and into the same ship, that is to say, so much as the said ship can conveniently carry, over and above her victuals, tackle, ammunition, apparel, and furniture.

And the said ship with her said loading shall with the first good wind and weather after the expiration of the said forty days, sail and proceed from the said city of Venice to London. And the said E. F. and G. H., for themselves and either of them, their and either of their executors and administrators, do covenant, promise, and grant, to and with the said A. B. and and C. D., and either of them, their and either of their executors, administrators, or assigns, by these presents, that they, the said E. F. and G. H., or one of them, or their or one of their executors, administrators, or assigns, shall and will well and truly pay, or cause to be paid, to the said A. B. and C. D., or one of them, their or one of their executors or administrators, within the said city of London, for every ton of such wares and merchandises as shall be laden or unladen in the said ship, during the said voyage, the sum of, &c., (counting the tonnage according to custom, or if a certain sum is agreed on for the voyage out and home, or so much per month,) for the part and interest of the said A. B. and C. D. in the said ship, and for, and in respect of, the freight and hire of their part of her: which said money is to be paid in manner and form following; that is to say, one third part thereof upon the right discharge of the said ship, and another third part thereof within the space of six weeks then next following, and the remaining third part thereof within the space of two months next ensuing after the end and determination of the said six weeks.

And the said A. B. and C. D., for them and either of them, their and either of their executors and administrators, do covenant and grant to and with the said E. F. and G. H., their executors and administrators, by these presents, that the said ship for their part, shall be strong and staunch, and well and sufficiently tackled and appareled with sails, sailyards, anchors, cables, ropes, gunshot, artillery, gunpowder, and all other instruments, tackle, and apparel, needful and necessary for such a

ship, and for such a voyage, together with an able master and sufficient number of mariners.

And in the performance of all and every the covenants, grants, articles, and agreements, on the parts and behalfs of every of the said parties, truly to be holden, performed and kept, in all things as is aforesaid, the said parties to these presents do bind themselves to one another, that is to say, the said A. B. and C. D. do, by these presents, bind themselves, and either of them, and their executors and administrators, goods, and their part and interest in the said ship, with the furniture thereof, to the said E. F. and G. H., and to their executors and administrators; and the said E. F. and G. H. do in like manner bind themselves, and either of them, their and either of their executors, administrators and assigns, and all their goods and interest in the said ship, to the said A. B. and C. D., their executors and administrators, in the sum or penalty of one thousand pounds of lawful money of Great Britain, by the party or parties infringing the said covenants, or any of them, to the other party or parties truly observing, to be paid by virtue of these presents.

The great variety of circumstances occasioned by different voyages naturally produce a correspondent diversity in charter parties, all the different forms of which it would be impracticable and unnecessary to introduce, as the preceding may be varied to suit any purpose.

The difference between a bill of lading and a charter party is, that the first is required and given for a single article or more, laden on board a ship that has sundry merchandise shipped for sundry accounts. Whereas a charter party is a contract for the whole ship. Bills of lading ought to be signed by the master within twenty-four hours after the delivery of the goods on board. But upon delivery of the goods, the master, or other person officiating for the master in his absence, is to give a common receipt for them, which is to be delivered up, upon the master signing the bill of lading.

Upon delivering the goods at the port of destination to the shipper's factors or assigns, giving up the bill of lading sent to the factors or assigns is a sufficient discharge, but the master may insist on a receipt.

Demurrage.

Demurrage is an allowance made to the master of a ship by the freighters, for staying longer in a place than the time first appointed for his departure, and is generally inserted in the charter party, to be paid daily as it becomes due. The days are always limited, so that, on the expiration thereof, a protest must be made, and the master is at liberty to proceed as before

mentioned. The stipulation for the payment of demurrage, while a ship is waiting for cargo, ceases when the ship is fully laden, although the ship be afterwards detained by head winds or stormy weather.

The word lay-days, used alone in a clause of demurrage, is to be understood to mean working days only.

Many losses have frequently fallen upon owners of ships, from want of proper care being taken by their captains in signing bills of lading. When there is the least reason to suspect the quantity is not right, or that there is any damage in the goods, always write,

(If hemp, flax, bars of iron, &c.)

Quantity and conditions unknown: and three bundles of hemp in dispute: if on board, to be delivered.

Thomas Smith.

(If linens, yarns, bales, hardware, &c.)

Insides and contents unknown to

Thomas Smith.

(If tar, wines, brandy, turpentine, &c.)

Contents and conditions unknown; not to be accountable for leakage: and it is agreed that the freight shall be paid for the quantity shipped.

Thomas Smith.