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Theophilus Parsons.

Laws of business for all the states of the Union : with forms and directions for all transactions. And abstracts of the laws of all the states and territories on the various topics online

. (page 36 of 70)
Online LibraryTheophilus ParsonsLaws of business for all the states of the Union : with forms and directions for all transactions. And abstracts of the laws of all the states and territories on the various topics → online text (page 36 of 70)
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resulting from their own negligence or default, and have been held
strictly to this liability.



SECTION XIIL

MATERIAL MBIT.



MARITIME law calls by this name all persons employed to repair a
ship or furnish her supplies. Such persons, and indeed all who



COMMERCIAL FORMS. 347

i

work upon her, have a lien on the ship for their charges. There is,
however, this important distinction. Material men, by Admiralty
law, have a lien only on foreign ships, and not on domestic ships.
But many of our States have by statute given this lien to material
men on all ships, without distinction ; as in New York, Pennsyl-
vania, Massachusetts, Maine, Illinois, Indiana, Missouri, Alabama,
and Michigan ; and in Louisiana the same lien exists under the
general Spanish law.

It has been held that such a lien extends beyond mere repairs,
certainly to alterations, and perhaps to reconstruction, but not to
original building, unless the statute includes ship-building. A
laborer, employed in general work by a shipwright or mechanic, and
by him sometimes employed on the vessel, and sometimes elsewhere,
gets no lien on the vessel for that part of the labor performed about
it. These statute liens take precedence of the claims of all other
creditors.

It has been said in previous pages, that our States are foreign to
each other for most purposes under the law of Admiralty ; and they
are so as to the lieu of material men. Therefore, in States in which
there is no statute on the subject, material men would have a lien
for supplies or repairs for a vessel belonging to any other of our
States, but not for a vessel belonging to the State in which the sup-
plies were furnished or the repairs were made. See the chapter on
Liens.



(91.)
Bill of Sale of Vessel.

To all to whom these Presents shall come, Greeting 1 : Know ye,
that (name of seller) of the (town or city and county where lie resides)

in the State of owner (if the seller owns only a part of

the vessel, here say what part) of the (ship, or what else it is-) or vessel called the
of the burden of tons, or thereabouts, for

and in consideration of the sum of dollars

lawful money of the United States of America, to me (or us, if more sellers

tiian one) in hand paid, before the ensealirg and delivery of these presents, by
(name of the buyer) the receipt whereof I (or we) do hereby acknowledge, have

24



348 THE LAW OF SHIPPING.

granted, bargained and sold, and by these presents do grant, bargain and sell, unto
the said (name of the buyer)

and his

executors, administrators, and assigns, the whole (or name the

part) of said or vessel, together with the masts, bowsprit, sails,

boats, anchors, cables, tackle, apparel and furniture, and all other necessaries there-
unto appertaining and belonging. The certificate of the enrolment of which said
or vessel is as follows :



No. . ENROLMENT.

In conformity to an act of Congress of the United States of America, entitled
"An Act for enrolling and licensing Ships and Vessels," &c., passed the 18th of
February, 1 793 ; and " An Act to regulate the Foreign and Coasting Trade on the
Northern, North-eastern and North-western Frontiers of the United States, and for
other purposes," passed the 17th of June, 1864, and all the acts of the 7th July,
1838; 29th July, 1850, and 6th May, 1864 (name of the owner) having taken or
subscribed the oath required by the said acts, and having sworn that he

citizen of the United States, and sole owner of the

or vessel, called the of whereof is

at present Master ; and as he ha citizen of the United

States, and that the said or vessel was built at

in the year 18 , as appears by And having

certified that the said vessel has deck mast ,

and that her length is feet, her breadth feet,

her depth feet, her height feet, and that

she measures tons and hundredths.

Tonnage. ^oo

Capacity under tonnage deck

Capacity between decks above tonnage deck ....

Capacity of enclosure on upper deck

Total tonnage ...............

that she has a figure-head (describing it).

And the said having agreed to the description and

admeasurement above specified, and sufficient security having been given, hi con-
formity with the terms of the said acls, the said has been d.ily
enrolled at the port of

Given under my hand and seal of office, at the port of this

day of in the year one thousand pjght

hundred and sixty

Collector.



COMMEKCIAL FOEMS. 349

To Have and to Hold the said or vessei, and appur-

tenances thereunto belonging, to him (or them), the said (name of the buyer)

and his (or tiieir) executors, administrators and assigns, to the sole and only proper
use, benefit and behoof of him (or them), the said (name of the buyer) and his

(or their) executors, administrators and assigns forever ; and I (or we) the said
(name of the seller) ha and by these presents do promise, covenant and agree, for
myself (or ourselves) and my (or our) heirs, executors, administrators and assigns,
to and with the said (name of buyer) and with his (or their) heirs, executors,
administrators and assigns, to warrant and defend the said or

vessel, and all the other before mentioned appurtenances against the lawful claims
and demands of all and every person or persons whomsoever, and that I (or we)
ha good right and authority to sell and dispose of the same in manner aforesaid.

In Testimony "Whereof, The said has hereunto

set his hand and seal this day of

one thousand eight hundred and

(Signature.) (Seal.)

Sealed and Delivered in the Presence of



[ss.
f- >



STATE OP

COUNTY.

I, a Notary Public in and for the in the

County of and State of , do hereby certify,

that personally known to me as the same person whose

name subscribed to the annexed instrument of writing, appeared before me this
day in person, and acknowledged that signed, sealed and delivered

the said instrument or writing as free and voluntary act, for the uses

and purposes therein set forth.

Given under my hand and notarial seal this day of

A.D. 186

Notary Public,



(92.)
Mortgage of a Vessel.

Know all Men by these Presents, That I (or we, giving the names and
residence of all the mortgagors) am (or are)

held and firmly bound unto (the names and residence of the mortgagees) in the

just and full sum of dollars, lawful money of the United States

of America, to be paid to the said or his (or their) executors,

administrators or assigns : for which payment well and truly to be made, I bind



350 THE LAW OF SHIPPING.

myself, my heirs, executors and administrators firmly by these

presents.

Dated at this day of in

the year one thousand eight hundred and

Whereas, (name oftiie mortgagee) has this day lent and advanced unto

the said (name of the mortgagor) the sum of dollars on

the body, tackle and appurtenances of the or

vessel called the of the burden of tons, or

thereabouts; the said (name of the mortgagor) being the (owner) of the

same.

Now the Condition of this Obligation is such, That if the said
(name of the mortgagor) shall pay or cause to be paid to the said (name of the

mortgagee) the sum of dollars (the amount loaned), and interest

thereon on or before the day of

in the year 18

then this obligation to be void ; otherwise, to remain in full force and virtue. And
in consideration of and as security for said loan as aforesaid, the said (vessel,

or ship, or steamer, a* it may be) is by these presents assigned, pledged, mortgaged,
set over and conveyed to the said heirs and assigns ; the

certificate of the enrolment of which vessel is as follows, viz. :
(Enrolment as in the previous form of a Bill of Sale of a Vessel.)

It being Mutually Understood and Agreed, That in case the amount
of said loan and interest, or any part thereof, according to the terms of these
presents, shall remain due and unpaid to said (name of mortgagee') after the expira-
tion of the said (name of mortgagee} may take possession
of said and appurtenances, and sell the same at public auction,
in order to satisfy the amount then due, without any proceedings in court or other-
wise, for the purpose of authorizing such sale, and thereupon may execute and
deliver a sufficient bill of sale to transfer completely to any purchaser or purchasers
all title and property in and to the said and appurtenances, to
the said (name of mortgagor) as (owner) thereof, now belonging.

The said (name of the mortgagee) thereupon to account to the said (name of
the mortgagor) for any surplus of such sale, after paying all charges and expenses.

And in case of such sale as aforesaid, the said (name of the mortgagor) ex-

ecutors, administrators or assigns, shall, whenever thereto requested, make, execute
and deliver to such purchaser or purchasers, another bill of sale of said

and appurtenances, in which the enrolment shall be recited as above,
for the transferring completely to said purchaser or purchasers all the (right),
(interest) and (claim), of said executors, administrators OT

assigns, as (owner) of said And in default of the prompt

execution and delivery of such other bill of sale to such purchaser or purchasers, by
the gaid when thereto requested, the said ia

hereby constituted and appointed the legal attorney of the said



COMMERCIAL FORMS. 351

for the purpose of making, executing and delivering such bill of sale , and the said

hereby ratifies and confirms the act of the said
as attorney for said purpose.

And it is hereby further Agreed, That insurance shall be made at some
office in on the said for the security of the

said (name of the mortgagee) to an amount not less than the sum loaned as
aforesaid, and the said (name of the mortgagee') is hereby authorized to procure
such insurance, at the expense of the said (name of the mortgagor') if not
seasonably obtained by him.

(Signature.) (Seal.)

Signed, Sealed and Delivered in Presence of
( Witness.)

STATE OP )

[-88.

COUNTY OF )

On the day of in the year one thousand

eight hundred and before me personally came

to be the individual described in, and who executed the foregoing instrument,
and acknowledged that he executed the same.



(93.)
A Charter -I* arty*

This Charter-Party, Made and concluded upon in the

day of in the year one thousand eight

hundred and between (name of the owner) owner of the

of of the burden of tons

or thereabouts, register measurement, now lying in the harbor of
of the first part, and (name of the hirer) of the second part, witnesseth, that the
said part of the first part, for and in consideration of the covenants and agree-
ments hereinafter mentioned, to be kept and performed by the said part of the
second part, do covenant and agree on the freighting and chartering of the said
vessel unto the said part of the second part, for the voyage from the port of

on the terms following ; that is to say,

First. The said part of the first part do engage that the said vessel in and
during the oaid voyage shall be kept tight, stanch, well-fitted, tackled, and provided
with every requisite, and with men and provisions necessary for such a voyage.

Second. The said part of the first part do further engage that the whole of
said vessel (with the exception of the cabin, the deck, and the necessary room for
the accommodation of the crew, and of the sails, cables, and provisions) shall be at
the sole use and disposal of the said part of the second part during the voyage



352 THE LAW OF SHIPPING.

aforesaid ; and that no goods or merchandise whatever shall be laden on board,
otherwise than from the said part of the second part, or agent, without

consent, on pain of forfeiture of the amount of freight agreed upon for the same.

Third. The said part of the first part do further engage to take and receive
on board the said vessel, during the aforesaid voyage, all such lawful goods and
aerchandise as the said part of the second part, or agents, may think proper
to ship.

And the said part of the second part, for and in consideration of the covenarts
and agreements to be kept and performed by the said part of the first part, do
covenant and agree with the said part of the first part, to charter and hire the
said vessel as aforesaid, on the terms following, that is to say :

First. The said part of the second part do engage to provide and furnish t<r
the said vessel

Second. The said part of the second part do further engage to pay to the said
part of the first part, or agent, for the charter or freight of the said vessel

during the voyage aforesaid, hi the manner following, that is to say :

It is further agreed between the parties to this instrument, that the said part
of the second part shall be allowed, for the loading and discharging of the vessel at
the respective ports aforesaid, lay days as follows, that is to say :

and in case the vessel is longer detained, the said part of the second part agree

to pay to the said part of the first part, demurrage at the rate of
Spanish milled dollars per day for each and every day so detained, provided such
detention shall happen by default of the said part of the second part, or
agent.

It is further understood and agreed, that the cargo shall be received and de-
livered alongside within reach of the vessel's tackles.

It is also further understood and agreed, that this charter shall commence when
the vessel is ready to receive cargo at her place of loading, and notice thereof ia
given to the part of the second part, or to agent

To the true and faithful performance of all the foregoing covenants and agree-
ments, the said parties, each to the other, do hereby bind themselves, their executors,
administrators and assigns, and also the said vessel, freight, tackle, and appur-
tenances ; and the merchandise to be laden on board, each to the other, in the
penal sum of

In "Witness Whereof^ The said parties have hereunto interchangeably set
their hands and seals this day of 185

(Signatures.) (Seals.)

Signed, Sealed and Delivered in the Presence of
(Witnesses.)



COMMERCIAL FORMS. 358

(94.)
A Bill of Lading.

Shipped, in good order and well conditioned, by (name of the shipper) OB

board the called the whereof is

master, now lying in the port of and bound for

To say : (here describe or enumerate the parcels)



being marked and numbered as in the margin, and are to be delivered in the like

good order and condition, at the aforesaid port of (the dangers

of the seas only excepted), unto (the name of the consignee) or to assigns, he or

they paying freight for the said

(here specify the rate of freight agreed to "be paid)

with primage and average accustomed.

In Witness Whereof, The master or purser of the said vessel hath affirmed
to bills of lading, all of this tenor and date ; one of which being accom-

plished, the others to stand void.

Dated hi the day of 185

(Signature.)

(95.)



United. States of America. It is agreed, between the master and seamen,
or mariners, of the (name of the vessel) of whereof

is at present master, or whoever shall go for master, now bound from the port
of ,to

And it is hereby expressly agreed, that should the said ship on the said voyage
oe seized, detained, or fined, for smuggling tobacco, or any other article, by one or
more of the undersigned sailors, cooks, or stewards, they shall all be responsible for
the damages thence resulting, and shall severally forfeit their wages, and all their
goods and chattels on board, to the amount of such damage, and that the certificate
of the person or persons who may seize, detain, or fine the said ship for smuggling,
signed by him or them, and verified by the American consul at under

hia seal of office, shall be conclusive evidence of the facts therein stated, in all
courts whatsoever, especially and as to the fact that smuggling had been committed,
the individual or individuals by whom the same had been committed, the amount
of the fine imposed therefor upon the said ship, the incidental expenses thereon,
and the number of days the said ship was detained in consequence thereof. No
grog allowed, and none to be put on board by the crew ; and no profane language
allowed, nor any sheath-knives permitted to be brought or used on board.

That, in consideration of the monthly or other wages against each respective



864 THE LAW OF SHIPPING.

seaman or mariner's name Lereunder set, they severally shall and will perform the
above-mentioned voyage : And the said master doth hereby agree with and hire
the said seamen or mariners for the said voyages, at such monthly wages or prices,
to be paid pursuant to this agreement, and the laws of the Congress of the United ,
States of America : And they, the said seamen or mariners, do severally hereby
promise and oblige themselves to do their duty, and obey the lawful commands of
then* officers on board the said vessel, or the boats thereunto belonging, as become
good and faitliful seamen or mariners ; and at all places where the said vessel shall
put in, or anchor at, during the said voyage, to do their best endeavors for the
preservation of the said vessel and cargo, and not to neglect or refuse doing tLeir
duty by day or night, nor shall go out of the said vessel on board any other vessel,
or be on shore, under any pretence whatsoever, until the above-said voyage be
ended, and the said vessel be discharged of her loading, without leave first obtained
of the captain or commanding officer on board : that in default thereof, he or they
will be liable to all the penalties and forfeitures mentioned in the Marine Law,
enacted for the government and regulation of seamen in the merchants' service, in
which it is enacted, " That if any seaman or mariner shall absent himself from on
board the ship or vessel, without leave of the master or officer commanding on
board, and the mate or other officer having charge of the log-book, shall maka an
entry therein of the name of such seaman or mariner, on the day on which he shall
BO absent himself; and if such seaman or mariner shall return to his duty within
forty-eight hours, such seaman or mariner shall forfeit three days' pay for every day
which he shall so absent himself, to be deducted out of his wages ; but if any seaman
or mariner shall absent himself for more than forty-eight hours at one time, he shall
forfeit all wages due to him, and all his goods and chattels which were on board
the said ship or vessel, or in any store where they may have been lodged at the
time of his desertion, to the use of the owner or owners of the said ship or vessi-1,
and moreover shall be liable to pay him or them all damages which he or they may
sustain by being obliged to hire other seamen or mariners in his or their place."

And it is further agreed, that in case of desertion, death, or imprisonment, the
wages are to cease.

And it is further agreed by both parties, that each and every lawful command
which the said master or other officer shall think necessary hereafter to issue for
the effectual government of the said vessel, suppressing immorality and vice of all
kinds, shall be strictly complied with, under the penalty of the person or persons
disobeying forfeiting his or their whole wages or hire, together with every thing
belonging to bun or them on board the said vessel.

And it ia further agreed on, that no officer or seaman belonging to the said vessel
shall demand or be entitled to his wages, or any part thereof, until the arrival of
said vessel at the said vessel's final port of discharge, and her cargo delivered.

And i* is hereby further agreed, between the master, officers, and seamen of the
said vessel, that whatever apparel, furniture, and stores each of them may receive
into their charge, belonging to the said vessel, shall be accounted for on her return ;
and in case any thing shall be lost or damaged, through their carelessness or insulD-



COMMERCIAL FOKMS. 355

ciency, it shall be made good by such officer or seaman, by whose means it may
happen, to the master and owners of the said vessel.

And whereas, it i? customary for the officers and seamen, while the vessel is in
port, or while the cargo is delivering, to go on shore at night to sleep, greatly to
the prejudice of such vessel and freighters, be it further agreed by the said parties,
that neither officer nor seaman shall, on any pretence whatever, be entitled to such
indulgence, but shall do their duty by day in discharge of the cargo, and keep such
watch by night as the master shall think necessary to order relative to said vessel
or cargo ; and whereas it frequently happens that the owner or captain incurs
expenses while in a foreign port, relative to the imprisonment of one or more of
his officers or crew, or in the attendance of nurses, or in the payment of board on
shore for the benefit of such person or persons : now it is understood and agreed by
the parties hereunto, that all suc;h expenditures as may be incurred by reason of
the foregoing premises shall be charged to, and deducted out of the wages of, any
officer or such one of the crew by whose means or for whose benefit the same shall
have been paid.

And whereas, it often happens that part of the cargo is embezzled after being
safely delivered into lighters, and as such losses are made good by the owners of
the vessel, be it therefore agreed by these presents, that whatever officer or seaman
the master shall think proper to appoint, shall take charge of her cargo in the
lighters, and go with it to the lawful quay, and there deliver his charge to the
vessel's husband, or his representative, to see the same safely landed.

That each seaman or mariner who shall well and truly perform the above-men-
tioned voyage (provided always that there be no desertion, plunderage, embezzle-
ment, or other unlawful acts committed on the said vessel's cargo or stores) shall
be entitled to the payment of the wages or hire that may become due to him pursu-
ant to this agreement, as to their names is severally affixed and set forth : Provided,
nevertheless, that if any of the said crew disobey the orders of the said master or
other officer of the said vessel, or absent himself at any time without liberty, his
wages due at the time of such disobedience or absence shall be forfeited ; and in
case such person or persons so forfeiting wages shall be reinstated or permitted to
do further duty, it shall not do away such forfeiture. It being understood and
agreed, by the said parties, tLat parol proof of the misconduct, absence, or desertion
of any officer or any of the crew of said vessel, may be given hi evidence at any
trial between the parties to this contract, any act, law, or usage to the contrary
thereof notwithstanding.

In Testimony Whereof, and for the due performance of each and every
of the above-mentioned articles and agreements, and acknowledgment of their
being voluntarily, and without compulsion or any other clandestine means being
used, agreed to and signed by us, we have each and every of us hereunto affixed
our hands, the month and day against our names as herennder written.

And it is hereby understood, and mutually agreed, by and between the parties
aforesaid, that they will lender themselves on board the said vessel, on c 4 before

the - dny of 18

-it o'clock iii the noon.



356 THE LAW OF SHIPPING.

This is signed by all the officers and crew, under seventeen col-
umns, which give the following particulars : Date of entry, names,
stations, birthplace, age, height in feet and inches, wages per month,
advance wages, advance abroad, hospital money, time of service in
months and days, whole wages, wages due, sureties, witness. On
the back of this instrument is usually a receipt in full in the follow
ing words. It should be remarked, however, that the sailor's dis-
charge of all demands for assault and battery or imprisonment, &c.,
is of little, if any, legal force.

We, the undersigned, late mariners on board the on her

late voyage described on the other side of this instrument, and now performed to
this place of payment, do hereby, each one for ourselves, -with our signatures, ac
knowledge to have received of agent or owner of said

the full sum hereunder set against our names ; being in full 'amount of our waget
for our services, and all demands for assault and battery, or imprisonment, of what-
ever name or nature, against said her owners or officers, to the
day or date hereunder also set against our names.

(Sig natures.')

(96.)
A Bottomry Bond.

Know all Men by these Presents, That I (name of the master, or of the
owner if the Bond is made by him) now master and commander of the or

vessel called the of the burden of tons, or thereabouts,



Online LibraryTheophilus ParsonsLaws of business for all the states of the Union : with forms and directions for all transactions. And abstracts of the laws of all the states and territories on the various topics → online text (page 36 of 70)