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CHARTER-PARTY. The following is the form of a charter-party of affreightment between the transport-board and the owners of a hired ship or vessel, and exhibits the usual conditions required by the commissioners. It will, of course, be readily inferred that there is a variation in different charter-parties, according to circumstances.
CHARTER-PARTY of Affreightment between the Transport-board and
the Owners of a hired Ship.
“ Complement, ten men and two boys." It is covenanted, concluded, and agreed upon, this day of
in the year of our Lord one thousand eight hundred and , and in the year of the reign of our sovereign lord George the Fourth, by the grace of God, of the United Kingdom of Great Britain and Ireland, defender of the faith, &c. by and betreea of the good ship, or vessel, called the
is now master, of the burthen of tons, register tonnage, now riding in the
of the one part, and the commissioners of his Majesty's Transport-Office, for and on behalf of his Majesty, on the other part, in the manner following, that is to say, the said
for and on behalf of himself, and all and every of the part-owners of the said ship or vessel, hath granted, and to hire and freight letten, and by these presents doch grant, and to hire and freight let, the said ship or vessel to the said commissioners, to receive on board, at such port or ports as shall be directed, all such soldiers, horses, romea, servants, arms, ammunition, provisions, and stores, as shall be ordered to be put on board her, and proceed therewith to sucha port or ports as shall be required, and, after having landed the said soldiers, horses, and stores, to receive on board such others, with their baggage, &c. as shall be put on board her, and proceed therewith as shall be directed : the ship to continue in pay for
months certain, and afterwards till her return to
and receive notice of discharge.
And the said commissioners, for and on behalf of his Majesty, hare kired or retained the ship or vessel for the said time and service accordingly. Item. The said
doth covenant, promise, and agree, that the said ship or resse! be strong, firm, tight, staunch, and substantial, both above water and beneath, and (if required) sheathed ; and shall and will sail forthwith to or near (if wind and weather permitting) equipped, fitted, furnished, and prorided with masts, sails, sail-yards, anchors, ropes, cords, tackle, apparel ; also with two proper boats, and gratings to her hatchways, necessary for such a voyage ; and also with furniture, and all other materials and things necessary, proper, convenient, and fitting, for such a ship or vessel, for her intended voyage and service ; and not to have less than three large cables, one hundred and twenty fathoms each, or so many together as will make up three hundred and sixty fathoms, and one stream-cable, all in good condition; and to have all proper sails, and not less than two main-sails, two main-top sails, two fore-sails, and two fore-top sails, with a complete set of small sails; and also to be manned in proportion to
to one hundred tons, fit and capable to manage and sail her; and shall have, at least, sis carriage guns mounted, not less than three-pounders, and six swivels, and must be provided with powder and shot, not less than twenty rounds of each for each gun, and all other things necessary and answerable thereunto, with a proper place, or magazine, for the security of the powder ; and also with good and wholesome victuals, sufficient for the said men during the said service and employment, and the whole number of men to be constantly on board, and a regular book kept of their entries and discharges : and the said ship or vessel shall, in like manner, be furnished and provided, at the cost and charge of the owners, with coppers or furnaces, for the boiling and dressing of provisions for such a number of soldiers as shall be ordered and directed to be received on board ; and also with cans and pumps for serving the
All additional ammunition required by the commissioners is to be paid for by them, and gun-money to be allowed for all additional guns, provided by the owners, with ammunition for the same. The number of additional guns is, however, limited by the board; and no allowance is made for any sent to the ship without their consent and order.
said soldiers with beer and water in their voyages, as well as with platters, spoons, candies, and lanterns; and also a proper number of pumps and buckets for drawing and serving water to such a number of horses in their passage as shall likewise be ordered to be received on board the said ship or vessel. Item. The said master shall and will receive and take on board the said ship or vessel, from time to time, such a number of soldiers, horses, provision, provender, or any kind or sort of naval or victualling stores, recruits, and whatever else there shall be occasion for, for the service of His Majesty, as he shall be directed and required, and as he can reasonably stow and carry : and shall and will therewith proceed and sail to such port, place or places, under convoy, as the said commissioners, or the officerin-chief, whose command he shall be under, shall order and direct, landing and delivering the same according; and so from time to time during her continuance in the said service; in performance of which, the said master and his men, with his boats, shall be aiding and assisting to the utmost of their power. Item. The said master shall, and is hereby obliged to give and sign receipts, bills of lading, or other proper indents, for what he shall receive on board (men and horses excepted,) and be accountable for the same; who likewise is bereby required to keep a true log-book of the wind and weather, and other remarkable observations; and, at the end and determination of the said service, to deliver the same into the transportoffice, upon oath if required; together with all orders and instructions that he shall receive ; and, upon the arrival of the said ship or vessel, at any port es place whatsoever, he shall also, by the first opportunity, send immediate notice thereof to the said commisioners. In consideration of which covenants, conditions, and agreements, hereby to be performed by the said
the said commissioners do covenant and promise, for and on behali of his Majesty, that the said
his executors, administrators, or assigns, shall be allowed and paid for the hire and freight of the said ship or vessel, the sum of
per lon each calendar month, with the discount of transport-office bills added thereto, for the number of tons above-mentioned, for so long time as he shall be continued in his Majesty's said service : which freight or pay shall commence upon producing s certificate from the proper inspecting officer or officers belonging to the transportoffice, of the ship being completed, fitted, victualled, manned, and provided with proper necessaries and stores for the ship and company, so far as it is incumbent on him to provide, ready to sail, and fit to proceed, on his part, when required; and the same shall also cease and determine at the time of her discharge on the conditions before- mentioned. And the said
shall, ou signing and sealing hereof, have and receive a bill of imprest, made out and registered for two months' freight upon account, after certified as aforesaid by the said officers, to be ready to proceed on his Majesty's service, as in part thereof paid in hand, according to the rate and tonnage aforesaid : and after the said ship or vessel hath been in the service six months, and the owner prochuces to the said commissioners a certificate thereof froin the commanding officer, or agent for transports, if there shall be such an officer, he shall have and receive a bill of imprest, made out and registered for two months' freight more, and thence forward the like bill to the end of every four months ; that is to say, when he shall have been in the service ten months, and approved to be safe, by the like certificate above-mentioned ; and the like payment of two months to be continued at the end of every four months as it shall become due, during her continuance in the said service, and the remainder on passing accounts, all to be paid in course of the transport-office. Provided nevertheless, and it is agreed between the said parties, that, upon the loss of time, breach of orders, or neglect of duty, by the said master, being made appear, the said commissioners shall have free liberty and be permitted to mulct, or make such abatement out of the freight and pay of the said ship or vessel, as shall be by them adjudged fit and reasonable.-And it is further covenanted and agreed, that if the said ship or vessel shall happen to be burnt, sunk, or taken, by the enemy, in and during the aforesaid service, as it shall appear to a court-martial that the same did not proceed through any fault, neglect, or otherwise, in the master or ship's company, and that they made the utmost defence they were able, the value of her shall be paid for by His Majesty, according to an appraisement to be made thereof, on oath, by such persons as the said commissioners shall appoint, reasonable wear and tear first deducted.-And, lastly, it is declared and agreed, that the officers shall be accommodated with the great cabin, and other cabins of the ship, except the cabin which the agent for transports on board may reserve for himself, and also a proper cabin for the master, and a small one for the mate : and that the gun-room, forecastle, and steerage, or such part thereof as shall be necessary, be reserved for lodging the seamen.
To the true performance and keeping all and every the covenants, conditions, and agreements, above-mentioned, on the part and behalf of the said
be kept, done, and performed, he the said
bindeth himself, his Deirs, erecutors, and administrators, and the said ship or ressel, with her acile, apparel, ammunition, freight and furniture, unto the said commissioners, for sad on behalf of His Majesty, in the penalty or sum of five hundred pounds, of lartal mosey of Great Britain, to be recorered and paid by these presents. In witsess whereof he, the said
hath set his hand and seal to one part bereof: and to the other part hereof, the said commissioners, for and on His Majesty's behall, have signed their names, and caused the seal of the Transport-Office to be afired, the day and year above-written.
Entered into pay the Sized, sealed, and delivered (being first duly stamped), in the presence of
The transactions with the Transport-board are generally conducted by means of a ship-broker, with whom the ship's books and papers are lodged, and thence transferred to the agent whose duty it is to arrange and pass the accounts through the public offices, preparatory to the receival of the freight by the broker. The assistance of the latter is, however, dispensable, if the owner be sufficiently acquainted with the nature of these concerns, and chooses to act for himselt.
Here it is to be understood, that the passing of accounts has been sometimes attended with difficulty, owing to inattention on the part of the master, who may have suffered them to become inaccurate or incomplete ; but it is presumed that, if the printed instructions issued by the Transport and Victualling boards be duly attended to, with the other requisite precautions, this will seldom hannen.
The master should, in particular, be well acquainted with the terms and meaning of the charter-party, as its exact performance depends principally on his conduct. He will be expected to make oath to the truth of his accounts, and must produce proper vouchers and receipts for his various transactions. The board requires that every masier shall direct his mate, or other confidential person, who may sin receipts on his account for provisions or victualling stores, to write under his own name that of the master; and if there has been any other master during the course of the voyage, the name of him also beneath the former.
On the arrival of the ship at any port, whether in Great Britain or abroad, the master is required to make immediate inquiry for, and report himself to, the agent for transports ; and, should none be on the spot, he is to write, by first post, or other early conveyance, to the Transport-board, stating his arrival, with date, place, or other particulars
When provisions or other government stores are received on board, the master should see that his mate or other officer attends, and notes down very correctly, the quantities and other particulars of the articles delivered. Deliveries thence should be made with equal punctuality, and receipts always taken for the same.
The numerous and various vouchers, as receipts, orders, surveys, certificates, affidavits, &c. occasioned by the varying situations of the shin, must be, in all cases, carefully preserved and forwarded to the owners or their agents; and it is recommended that three sets of every
For the form of a charter-party, between the owners of a hired freight-ship and tàe Transport-bound, providing especially for demurrage, see chapters on Freight, CHARTER-PARTY, and DENURRAGE, Part 2 c. I.
material voucher shall be procured; as thus, in the event of the ori. ginal being lost, all difficulty will be obviated.
The annexed statement will furnish a general idea of the various books and papers required for passing the accounts of vessels by the Transport-board.
FOR A TROOP-SHIP THE FOLLOWING ARE REQUIRED, viz.—A victualling-book; a voluntary charge of provisions, &c. received on board during the time for which the accounts are intended to be passed; an affidavit of the returns of stores, &c.; all receipts for provisions lent or supplied; orders for, and reports upon, all surveys, whether arising from leakage, accidental loss, decayed provisions, or other causes ; all certificates relative to the victualling of troops, especially those for the issue of any extra allowance; certificates for serving out spirits or wine; certificates of losses, leakage, &c.; protests, if any made; ship's discharge from the service; ship's log ; transport store account; an account of beds, bedding, and hammocks, received on board ; account of any forage received and expended ; certificates of having paid the Greenwich dues ; also of merchantseamen's dues ; also of Trinity-house dues, or light-money ; lastly, certificate of no charge against the ship for ordnance stores. The latter is a voucher usually applied for, and obtained by, the ship's agent from the Ordnance-office in the Tower.
The books and PAPERS required for passing a VICTUALLER'S ACCOUNT are as follow, viz.—A victualling book, if soldiers, &c. are at any time victualled on board ; a voluntary charge of provisions received on board during the time for which the accounts are intended to be passed; an affidavit to returns of stores, &c.; all receipts for provisions lent or supplied ; orders for, and reports upon, all surveys, &c. as above; all certificates, &c. as above; certificates of serving out spirits or wine ; certificates of losses, leakage, &c.; protests, if any made; ship’s discharge from the service; ship’s log; transport store account; account of beds, bedding, &c. as above ; account of forage, &c. if any received ; certificate of having paid Greenwich dues, merchant-seamen's dues, and Trinity-house dues. as above ; certificate of no charge against the ship for ordnance stores.
If this vessel bé employed merely to convey stores to any place, to be delivered into company's stores, and the company's receipt obtained, no voluntary charge is required. The production of the receipt, and a memorandum of the time for which the parties have to obtain a certificate, is all that is required to obtain the victualling certificate. If thus employed, the vessel is denominated an ARMY VICTUALLER, and no bond is required ; but all victuallers must give bond, and produce a voluntary charge.
For a CARRIER the following are required, viz.-A voluntary charge of provisions, &c. received on board during the time for which the accounts are intended to be passed ; an affidavit to the return of stores; all receipts for provisions lent, supplied, and returned; orders for, and reports upon, all surveys, whether arising from leakage, accidental loss, loss by decayed provisions, or other cause ; all certificates which, on any occasion, the master may have found it necessary to procure: protests, if any made; ship's discharge from the service ; ship's log ; transport store account; bed and bedding account; forage account, as above ; certificates of Greenwich dues, merchant-seamen's dues, and Trinity dues, or lightmoney, being paid; ordnance vouchers for ordnance certificate.
Should it happen that, at any time, troops are victualled on board a victualling book will also be required.
As this ship, technically styled a carrier, is chiefly employed to convey provisions and stores from one ship or place to another, it becomes especially requisite that receipts should be obtained by the master for all quantities delivered. For ships of war, in particular, the purser's receipt is required; or, in his absence, a voucher from the commanding officer, and a memorandum from the purser's stew. ard. When any clothing, shoes, &c. are received, they must, of course, be secured from pillage ; as every deficiency must be satis factorily accounted for by the master, or will otherwise be charged to the ship's account by the commissioners.
If naval slops be received on board, an account current must be rendered of the same, or a debit and credit account of slops received and delivered, certified by affidavit, inscribed beneath : also, a Farther Account, or statement of slops, supplied and returned to and from his Majesty's ships or stores, and to which the following note is attached.
“N. B. As, in passing many hired vessels and other accounts, great “ confusion has arisen from the circumstances of receipts being signed “ by clerks' and pursers' stewards, in the absence of the store“ keepers and pursers themselves; it is directed, in future, that in “ all such cases, the purser's steward, or storekeeper's clerk, shall “ sign thus:
“A. B.- for G. C. storekeeper or purser." The debit side of the account last mentioned is formed from the several invoices or bills of lading, furnished with the goods, and he takes credit for the quantities issued and returned.
The HORSE-SHIP is a vessel engaged more especially for the conveyance of horses, with a certain number of soldiers to attend them : hence a victualling list will be required with other accounts and vouchers as follows, viz.
A voluntary charge of all provisions, &c.; an affidavit of the returns of stores, &c.; all receipts for provisions, &c. lent, supplied, or returned; orders for, and reports upon, all surveys, whether arising from leakage, loss, damage by stress of weather, or other cause; all certificates relative to the victualling of troops, especially those for the issue of any extra-allowance ; certificates of serving out spirits or wine ; certificates of losses, leakage, &c. ; protests, if any made ; ship's discharge from the service; ship's log ; transport store account; an account of beds, bedding, and hammocks, received and expended ; certificates of having paid the Greenwich dues, merchantseamen's dues, Trinity dues, or light-money; ordnance certificate, as above.
For the quantity of way and oats that may be expended in foraging the horses, particular certificates must be obtained from the com. manding officer of the soldiers on board, expressing the quantity in pounds, and the qualities. Should any be delivered to ships, or returned into stores, receipts for such parts must be taken.
ORDNANCE STORE-SHIP.-If a vessel engaged as an ordnance store-ship should, at any time during that engagement, victual troops, or if she receive on board any provisions upon government account, the papers, requisite to pass her accounts, are the same as for the troop-ship and victualler above. In other cases the following are required