Sivut kuvina
PDF
ePub

or lower the

17. No one should be permitted to enter the boats, except those No one to enter in charge of them; nor should any boat be lowered on any pretext boats without whatever, unless by the express orders of the captain. On a strict orders. observance of this rule the safety of the people in the last extremity will depend.

18. If the boats should be insufficient to hold all the people, the Raft. master will, of course, take whatever measures may be in his power to construct a raft. A raft may be made of spare spars lashed together in a triangular form, and, to render it more buoyant, the ends should be secured to empty water casks, whose heads should be guarded by hammocks or beds. As a precautionary preparation against such an emergency, some of the largest water casks as soon as emptied should be grometted round at each end with 8-inch rope, becketted, and tightly bunged, and stowed away in the long boat, and daily wetted, and thus kept ready for use at a moment's notice.

19. Any attempt to get at the spirits or wine on board in moments Broaching of danger should be resisted by all hands and at all hazards.

By order of the board,

S. WALCOTT, Secretary.

spirits in moments of danger to be forcibly resisted.

[blocks in formation]

day of

1842,

between A. B. of Sunderland, in the county palatine of Durham, shipowner, of the one part, and C. D. of Gower Street, in the county of Middlesex, Esq., of the other part.

The said A. B. agrees to sell, and the said C. D. agrees to buy, the good ship or vessel called the Collingwood, built at Sunderland, of the measurement tons, or thereabouts, old measurement, and

of

tons,

or thereabouts, new measurement, now lying in the river Thames, and all and singular her masts, sails, sail-yards, anchors, cables, ropes, cords, guns, gunpowder, ammunition, small arms, tackle, apparel, boats, oars, casks, kentledge, and other ballast, furniture, stores, and appurtenances whatsoever, to the said ship or vessel belonging, or in anywise appertaining to the said ship or vessel, appurtenances, goods, chattels, and premises, and the said stores and other things in the inventory herein-after mentioned, subject, however, to the terms herein-after mentioned, for the said sum of to be paid as herein-after mentioned; which said ship or vessel hath been duly registered, pursuant to the statute in such case made and provided, and a copy of the certificate of such registry is as follows:

[ocr errors]

[Here insert a copy of the Certificate of Registry. See ante, p. clxiv.

On payment of the whole of the purchase money, within one month from the date hereof, a legal bill or bills of sale or other instrument in writing shall be

• This and the five following forms are taken from Mr. Wilkinson's book on "Shipping," in which will be found several other forms and precedents of practical utility.

executed forthwith to the purchaser, to be prepared at his own expense: and the said ship or vessel, appurtenances, goods, chattels, and premises shall be forthwith delivered according to the said inventory herein-after mentioned; but the said inventory shall be made good as to quantity only. And the said ship or vessel, appurtenances, goods, chattels, and premises, shall be delivered to, and taken by the said purchaser with all faults, in the state and condition in which they now lie, without any allowance or abatement whatsoever, within one month from the date hereof. But in case any default shall be made by the purchaser or purchasers in the payment aforesaid, the money so paid in part shall be forfeited to the sole use and benefit of the said A. B., and he shall be at full liberty to put up and resell the said ship or vessel, appurtenances, goods, chattels, and premises, or the greatest part thereof again, either by public or private sale, and the deficiency and damages, if any, by such resale and otherwise, shall be made good by the said defaulting purchaser, who shall also be responsible for risks of every description. The said ship is declared to be at the risk of the purchaser, immediately after he is put in possession of her. As witness the hands of the parties, the day and year above written.

INVENTORY.

[Here should be inserted an inventory, the same as is usually printed and delivered on sales by auction.]

No. 2.

Agreement to build a Ship, and for Payment of Price by Instalments, regulated by the Progress of the Work. See ante, p. 3.

ARTICLES of agreement, made the
between A. B. of

day of
in the county of
builder, of the one part, and C. D. of
of the other part.

18 "

ship

in the county of

Whereas it is in contemplation on the part of the said C. D. to build a certain ship, and for that purpose the said C. D. gave notice to different shipbuilders of his intention to build such ship, and invited tenders for the building, launching, and completing the same, and the said C. D. received, amongst other tenders, one from the said A. B. for building, launching, and completing such ship, which tender the said C. D. had accepted upon the terms and conditions hereinafter more particularly expressed, and the said parties have thereupon mutually agreed to enter into and execute these presents: now these presents witness that the said A. B., in consideration of the several and respective payments to be made by the said C. D., in pursuance of his covenant in that behalf herein-after contained, doth hereby, for himself, his heirs, executors, and administrators, covenant, promise, and agree to and with the said C. D., his executors, administrators, and assigns, in manner following; that is to say, that he the said A. B., his heirs, executors, or administrators, shall and will build and complete for the said C. D., with the best materials which can be obtained, a good, staunch, and substantial ship, corresponding in every respect agreeable to and with the specification in the schedule hereunto annexed, and with the drawing of the said ship thereon, and also with the plan of the fore-cabin and accommodation, respectively signed by the said C. D. and by the said A. B., also hereunto annexed, so far as the same is and are in such specification, drawing, and plan set out: and also that the said ship, so

[ocr errors]

18

[ocr errors]

day of

covenanted to be built, shall, at the costs, charges, expenses, and risk of the said A. B., his executors, administrators, or assigns, be launched and completed, and delivered into the hands of the said C. D., his executors, administrators, or assigns, or his or their agent, authorized in writing, on the in the year of our Lord on the river Thames, and be in every respect ready to receive rigging, and be finally completed and launched on or before the day of And also, that at all times during the building, launching, and completing of the said ship herein-before covenanted to be built, such surveyor, or other person or persons as the said C. D. shall from time to time appoint for that purpose on the part of the said C. D., shall be allowed to come in, upon, and about the same and every part thereof, to superintend, direct, examine, and view the materials and workmanship and state of progress of the same. And these presents further witness, that in consideration of the premises the said C. D., for himself, his executors, and administrators, doth covenant, promise, and agree to and with the said A. B., his excutors, administrators, and assigns, that he the said C. D. shall and will pay to the said A. B., as the price of the said ship so to be built, launched, and completed as aforesaid, at and after the rate or sum of £ of lawful money of the United Kingdom of Great Britain and Ireland per ton, according to the burthen of the said ship in tonnage by old register measurement, such payment to be made as follows (provided that the surveyor or other person or persons appointed on behalf of the said C. D. shall have given from time to time a certificate, stating that the works have been respectively done to his or their satisfaction); that is to say, one-fifth part of the whole amount thereof on or before the execution of these presents; one other fifth part of the whole amount thereof when the vessel shall be in frame and the keelson bolted; one other fifth part of the whole amount thereof when the wales of the said ship shall be worked and the bottom planked; one other fifth part thereof when and immediately after all the beams shall be in and fastened and the decks laid; and the remaining fifth part thereof upon the delivery by the said A. B., his executors or administrators, of the usual builder's certificate, stating the said C. D. to be the purchaser of the said ship, and delivery of the said ship into the possession of the said C. D., or his authorized agent, duly appointed to receive the same; and also, that if at any time during the period of the building and completing of the said ship herein-before covenanted to be built, or previously to or after such ship being ready for sea as aforesaid, any alteration or alterations whatever in the building, constructing or fitting of such ship, or any part thereof, or such part of the apparatus and appurtenances as is herein-before covenanted to be fitted, shall be directed to be made by the said C. D., or the person or persons to be by him lawfully appointed as surveyor in that behalf as aforesaid, such alteration or alterations shall not be made by the said A. B. unless on the authority of a letter, signed by the said C. D., stating that he directs such alteration to be made, and specifying the precise amount which the said C. D. will allow for the same, and no more; and in the event of the said A. B. not being willing to make such alteration for such sum he shall be at liberty to decline doing so; provided he shall signify that he does so decline for that reason within one week from his receiving such letter, otherwise it is hereby agreed by the parties aforesaid that such alterations shall be made accordingly for the sum so specified. And in case any such alteration or alterations shall be so as aforesaid directed to be made, no additional time, unless expressly stated and allowed in the letter signed as aforesaid, shall be allowed for the launching, completing, and docking the said ship herein-before covenanted to be built, unless any delay in the works in progress shall have unavoidably arisen during the consideration of such projected alteration or alterations, in which case an additional time or leave in writing shall be allowed, equivalent to the loss of time consequent on such delay: provided always, and it is hereby further agreed, that any omissions respecting the building of such ship, which may occur in the specification and drawings before referred to, shall nevertheless be considered in no way authorizing the omission of any matters in the performance of this contract, which may be directed to be done in pursuance thereof by the surveyor of the said C. D., or other such person or persons as aforesaid; but on the contrary the said ship shall be completed without any extra charge to the said C. D. beyond the rate herein-before agreed to be paid for the said ship, either for shipwrights, caulkers, smiths, sawyers, joiners, copper

smiths, carvers, plumbers, painters, glaziers, or any other work whatever. And it is further agreed, that such damage as shall happen to the hull of the said ship from fire or otherwise, previously to her leaving the dry dock, as mentioned in the said specification, being delivered over to the said C. D., or his authorized agent as aforesaid, shall be forthwith made good by and at the sole expense of the said A. B., his executors or administrators: provided always, and it is hereby expressly declared and agreed, and the said A. B., for himself, his heirs, executors, and administrators, doth hereby covenant and agree with the said C. D., that in case the said A. B. shall fail or be unable to complete the said ship or vessel in accordance with the covenant herein in that behalf contained, then and from thenceforth it shall be lawful for the said C. D. to enter upon and take possession of the said ship or vessel, which from and after the payment of the first instalment shall be and be deemed and continue to be, as soon as the said ship or vessel shall be commenced, in every respect and for every purpose the property of the said C. D., and to cause the works herein agreed to be done to be completed by any person or persons whom he shall see fit to employ therein, using therein such of the materials of the said A. B. as shall be fit and applicable to the purpose, and it shall be lawful for the said C. D. to pay to such person or persons such reasonable sum or sums as he shall see fit to agree upon in that behalf, and that the said A. B. shall forthwith on demand pay to the said C. D. all such sum and sums as he the said C. D. shall so pay or advance; the said C. D. in that case nevertheless paying or allowing to the said A. B. on the final completion of the vessel, the amount of the contract price hereby agreed upon. In witness, &c.

SCHEDULE, DRAWING, and PLAN above referred to, must be added.

No. 3.

Grand Bill of Sale of a Ship by Deed, before Registry under the stat. 8 and 9 Vict. c. 89.

KNOW ALL MEN by these presents, that A. B., of Birchin Lane, in the city of London, merchant, for and in consideration of pounds of lawful money of the United Kingdom of Great Britain and Ireland, to him by C. D. of Walcot Place, Lambeth, in the county of Surrey, Esquire, in hand well and truly paid, at or before the sealing and delivery of these presents, (the receipt whereof the said A. B. doth hereby acknowledge, and of and from the same and every part thereof doth hereby acquit and release the said C. D.,) hath granted, bargained, sold, assigned, transferred, and set over, and by these presents doth hereby fully, freely, and absolutely grant, bargain, sell, assign, transfer, and set over unto the said C. D. a certain ship or vessel called the Wellington, of the port of London, of the tonnage of tons old measurement, and of tons new measurement, and of sixty-four shares thereof, being the whole and entirety of the shares of and belonging to the said ship or vessel; and all and singular the masts, sails, sailyards, anchors, cables, ropes, cords, guns, gunpowder, ammunition, small arms, tackle, apparel, boats, oars, stores, kentledge or iron ballast, or other ballast, furniture, and appurtenances whatsoever to the said ship or vessel belonging, or in anywise appertaining: To have and to hold the said ship, stores, goods, and other the premises so granted, bargained, sold, assigned, transferred, and set over unto the said C. D., his executors, administrators, and assigns, to his and their own use and benefit, and as his and their own proper ship, goods, and chattels, from henceforth absolutely and for ever. And the said A. B. doth hereby for himself, his heirs, executors, and administrators, covenant, promise, and agree to and with the said C. D., his executors, administrators, and assigns, in manner

following that is to say, that at the time of the sealing and delivery hereof the said A. B. had good right, full power, and lawful and absolute authority, to grant, bargain, sell, assign, transfer, and set over the said ship and all other the premises so bargained, sold, assigned, transferred, and set over unto the said C. D., his executors, administrators, and assigns, as aforesaid. And that the same and every part thereof now are, and so from henceforth ever shall be, remain and continue unto the said C. D., his executors, administrators, and assigns, free and clear, and freely and clearly acquitted, exonerated, and discharged of and from all former and other bargains, sales, gifts, grants, mortgages, titles, debts, charges, and incumbrances whatsoever. And further that the said A. B., his executors, administrators, and assigns, shall and will from time to time and all times hereafter, at the costs and charges of the said A. B., his executors, administrators, and assigns, make, do, and execute, and cause and procure to be made, done, and executed, all and every such further and other lawful and reasonable act and acts, deed and deeds, conveyances and assurances in the law whatsoever, for the further, better, and more effectually conveying, assigning, and assuring the said ship, stores, goods, and premises, and every part thereof, unto the said C. D., his executors, administrators, and assigns, as by him, them, any or either of them, or by his, their, any or either of their counsel learned in the law shall be reasonably devised, advised, or required.

In witness whereof I have hereunto set my hand and seal the in the year of our Lord 1843.

[blocks in formation]

day of

(L. S.)

No. 4.

Vendition of a Ship or Shares in Scotland, under the stat. 3 & 4 Will. 4, c. 55, and 8 & 9 Vict. c. 89.

[ocr errors]

in consideration of £

I, owner of the ship or vessel called the St. Andrew [or, if a part-owner only, specify the number of shares], of presently paid to me by as the agreed on price and value of the said ship or vessel for "shares", of which sum I hereby acknowledge the receipt; therefore I hereby sell, assign, and dispone to and in favour of the said his executors and assignees, all and whole that ship or vessel [or "ten sixty-fourth shares of that ship or vessel" called the St. Andrew, of with her [or "a corresponding share of her"] boats, masts, sails, standing and running rigging, and whole appur tenances, as she presently lies in the harbour of Lor as she is presently on her voyage to "], with all right, title, and interest which I have or can pretend to in the said ship or vessel [or "shares"] hereby conveyed, which vessel is registered at the said port of and of her certificate of registry a copy follows, [or if the vessel be at sea at the time of sale, add, as appearing from the register-book of the said vessel," insert a true copy of the certificate, and all endorsements on it]; surrogating hereby and substituting the said

66

[ocr errors]

in my

full right and place of the premises, with power to him to enter to possession of

« EdellinenJatka »