Powder-rooms,

&c.

bound passage: That the angles in the gun-room, formed by the traverse of Vol. III. Ch.IX. the tiller into the sides, and the space of eight feet forward immediately from the stern-post towards the bread-room scuttle, being the exceptions before alluded to, be in like manner reserved for the dry provisions: And that Deals for those parts on the lower decks of all ships in general where goods are allowed Dunnage. to be stowed, be properly dunnaged with billet-wood or battens one inch thick; with such other precautions as may be directed to the commanders. And it is hereby further agreed, that in case any goods or merchandizes No Freight to whatsoever belonging to the said united company shall be put into or placed be paid for Goods in any powder-rooms or other part of the ship, contrary to the true intent stowed in the and meaning of these presents, the said united company, in respect of such goods so improperly stowed, shall not be liable to pay any freight for the same; but all such goods shall be delivered to the said united company freight free. And it is also agreed, that no kind or sort of goods whatsoever No Goods to be (pepper only excepted) shall, without leave in writing given by the said shot loose in the united company, or their president, agent, or chief factor, and the council Hold. where such goods shall be taken on board, or without the like leave given in writing by the supra-cargoes of the ship, be shot loose in the hold; nor any Luggs not to be bale or package, after its coming aboard, be altered, by cutting off the luggs cut off the of the bales or otherwise: And that if the master or mariners of the said Bales. ship shall do any thing in breach of this covenant, that then and in such Penalty. case the said united company shall pay or allow unto the said part owners and master but one-half of the freight otherwise agreed to be paid for the said goods so unduly stowed, shot, or altered in the package; and the said part owners and master shall make good all other damages that shall arise thereby. And it is further agreed, that for every bale of cloth or other goods that shall be opened on board the said ship, or altered during the voyage, opened without and whereof the said part owners and master shall not give notice unto the giving Notice. said company, or their respective warehouse-keepers, within ten days after the ship's arrival in the river of Thames, the said part owners and master Penalty. shall forfeit and pay to the said company and their successors the sum of

Bales not to be

ward-bound to

be paid for with £30 per cent.

ten pounds sterling. Provided also, and it is hereby further agreed, that no Pepper not to be pepper loaded on board the said ship shall be shot loose between decks; and shot loose in case the master or mariners of the said ship, or any of them, contrary to and between Decks. in breach of this agreement, shall shoot any pepper loose between decks, then and in such case the said united company shall not pay or allow to the said part Penalty. owners or master, nor shall they be entitled to demand for such pepper any freight. And also it is covenanted and agreed by and between the parties to these Goods lost or presents, that if any of the goods or merchandizes that shall be laden aboard undelivered outthe said ship in England, or at any other place in her outward-bound voyage, shall be lost, or not delivered to the said company, their presidents, factors, agents, or servants, at the ship's consigned port or ports abroad; in such case the said part owners and master shall pay, or at the election of the said company, as aforesaid, allow to the said company out of the freight and demurrage to grow due by virtue of these presents, the full prime cost of such goods so lost and undelivered, together with thirty pounds for every hundred pounds on such prime cost; except nevertheless, and it is hereby Exceptions. agreed, that no such payment shall be made if there happens to be an utter and inevitable loss of the said ship and cargo; nor shall any other payment be made for such goods as shall necessarily perish, or be cast into the sea in the outward-bound voyage for the preservation of the ship and cargo, than by an average to be borne by the said ship, freight, demurrage, and cargo. And If Goods it is further agreed, that if it shall happen that any of the said goods laden damaged, how on board the said ship, outward-bound, shall within thirty days after the delivery thereof be by the said company's servants, or any of them, declared to the master for the time being to be wet or damaged, and accordingly found so to be, that then the said part owners and master shall pay, at such

to be settled.

If homeward Cargo lost or undelivered, what to be paid for them.

If any wet or prejudiced,

and the Company refuse them,

how to be paid for.

Pepper excepted.

and

Vol. III. Ch. IX. consigned ports, the difference in value between such wet or damaged goods and such as are sound; which difference shall be adjusted by and between the master of the said ship for the time being and the said company's presi dents or factors at such consigned ports, and in default of such adjustment payment shall pay, or as aforesaid allow to the said company, the prime cost thereof, and moreover the damaged goods shall be and remain to the use of the said company. And if any of the homeward-bound cargo shall be lost or undelivered into the said company's warehouses at the said ship's arrival in England, except as above excepted, the part owners and master shall pay or allow to the company as aforesaid, the prime costs of such goods, and thirty pounds for every one hundred pounds on such prime costs as above. And if any of such homeward-bound cargo, when delivered into the company's warehouses in England, shall be found to be injured by assafoetida on board the said ship, or shall be found to be prejudiced, wet, or damnified, by any occasion or accident whatsoever, it shall and may be lawful to and for the said united company to refuse any such goods or merchandizes; and in such case the said part owners and master shall take and accept of the said goods so prejudiced, wet, or damnified, or such part thereof as the said company, their agents, servants, or assigns, shall refuse, to the use of the said part owners and masters; and as to all goods, except goods shipped in China, shall pay, or as aforesaid allow unto the said united company for the same, the respective sums which the said goods are invoiced at, with charges and all customs and duties, to be accounted and reckoned according to the invoice; and as to goods shipped in China, besides the said prime costs, duties, and charges, shall also pay thirty per cent. on such prime costs, which said several payments shall be valued at the current exchange allowed the company's covenant servants; and that in such several cases the said united company shall pay no charges of freight, or otherwise, for the said goods so prejudiced, wet, or damnified, unless in case of damaged pepper, which the said part owners and master are to allow the said united company for, at the current price such pepper, if sound, would be sold for here in London, and the said united company are to pay the freight and charges on such pepper as if the same were not damnified: Provided nevertheless, that the said part owners shall not be charged with any sum of money in respect pay for damaged of goods damaged on board the said ship, either in her outward or homeward-bound voyage, exceeding the sum of nor for any damage except such as shall, by the condition and appearance of the package thereof, or by some other reasonable proof, appear to be damage received after shipping the goods, any thing herein contained to the contrary thereof in anywise Damages to be notwithstanding: Provided also, and it is hereby expressly agreed, that all adjusted and paid damages to be made good or paid by the said part owners or master, in respect of wet or damaged goods, or of goods lost or undelivered outwardbound, pursuant to these presents, after the same shall be adjusted in manner herein-before prescribed, shall not be paid and made good in India, but shall be paid by the said part owners to the said united company in London, upon demand, upon their producing to the said part owners a true account of the adjustment in India of such loss or damage, although the said ship shall or may happen to be lost before her arrival at, or shall not return in safety to the port of London. And the said part owners and master do as aforesaid covenant and agree, that the said ship, having received in her lading, and the master his dispatches, shall depart from her last lading port, and (unavoidable danger of the seas excepted) shall, as wind and weather permit, sail directly and return without any deviation, other than what shall be ordered by the said company, or their agents or servants abroad, into the said river of Thames, without the port of the said city of London, and as near to the said city as she may safely arrive and come, and shall there anchor and ride by herself, and make a right and due discharge

What Sum the
Owners are to

Goods.

[£3000 for a Ship of 800 Tons.]

for in London

on Demand,

though the Ship be lost.

Ship to make no

Deviation, and

the whole Cargo

to be delivered into the Company's Warehouses.

homeward

elsewhere in

into the said company's warehouses and possession, of all the goods and Vol. III. Ch. IX. merchandizes that shall be laden and received into the said ship at any port or place in the East Indies, China, Mocha, or elsewhere within the limits granted and allowed to the said united company, or that the said ship shall take in on her homeward-bound voyage, either beyond or on this side the Cape of Good Hope, or on the high seas, or elsewhere, on account of the said united company, or for the account of any person whatsoever, excepting only such goods as shall be laden on board and consigned for the island of St. Helena, as herein-after is mentioned, and upon such discharge the said ship shall finish her intended voyage. And it is also agreed, that if the said If Ship is not ship, from any delay or impediment caused by the said company, shall not cleared within make such discharge within the space of days, to be accounted from Days by the Company's the day of the said ship's entry at the custom-house, then the said company Neglect, then to shall pay and allow to the said part owners or master, five pounds a day pay £5 a Day for every day that such delivery shall be so delayed beyond the said till cleared. days. And it is further agreed, that if the said ship shall, in her homeward- If the Ship touch bound voyage, touch at the island of Ascension; or if the said ship, touching at Ascension at St. Helena, shall sail from thence in the night-season, without the leave bound, or sail of the governor and council, attested under their hands, the said part owners from St. Helena and master of the said ship for the time being shall pay, or, at the election of in the Night the said company, allow to the said company the sum of two hundred pounds without Leave. sterling, out of the freight and demurrage to grow due by virtue of these Penalty. presents; and if the said ship shall, in her homeward-bound voyage, without an inevitable necessity, touch at the island of Barbadoes, or at any other or touch at island or port in America, without particular orders in writing from the said Barbadoes, or company, or their presidents, agents, or chiefs, and councils, from whom he America, with shall receive her last dispatch, then and in such case the said part owners out Orders. and master shall pay or allow as aforesaid unto the said company, after the Penalty. rate of ten pounds sterling a ton for every ton the said ship is hereby let for. And it is also covenanted and agreed, that (unavoidable danger of the seas Nor in any' excepted) the said ship shall not put into any of the Western Islands or Ply- Ports of Europe. mouth, or at any port of England or Ireland, or any other port or ports of Europe, unless the said master be so directed by the said company, or their court of directors for the time being, or some committee thereof, or by their presidents, agents, or factors. And in case the said ship shall put into any Penalty. of the places aforesaid, contrary to the true intent and meaning of this covenant, the said part owners and master shall pay, or as aforesaid allow [£500, and likewise - per Ton unto the said united company, the sum of five hundred pounds for every offence in putting into such places as aforesaid; and also the sum of per day, for every day the said ship shall remain in such port, or shall lose by going in there, reckoning such loss of time from the time the said ship shall have departed from the ordinary track of her voyage to the river of Thames, to the time she shall regain that track again. And the said part owners and Master, Chief master do as aforesaid further covenant and agree to and with the said united and Second company, that the master, chief and second mates of the said ship for the Mates, to keep time being, shall respectively keep true and exact diaries and journals of the Ship's Proceedship's daily proceedings, from her first taking in of goods in the river of ings, Thames, to her return and discharge of her cargo in England, and of the wind and weather, and all remarkable transactions, accidents, and occurrences during the whole voyage: And furthermore, that the said master, chief and also of every and second mates of the said ship for the time being, shall each of them thing received daily, duly, fully, truly, and in due course of time, register and enter into livered from the particular books for that purpose, true and perfect accounts of all private Ship. and other trade that shall be had or carried on, and of all goods, bullion, merchandizes, and passengers whatsoever, that shall be from time to time taken into or delivered out of the said ship, either in her outward-bound or homeward-bound voyage, or in the East Indies, China, Mocha, or elsewhere,

per Day.]

Journals, &c. of

into and de

To whom the said Accounts are to be produced, and Copies taken.

To be delivered to the Company on Oath, if required.

Vol. III. Ch. IX. or in her voyaging from port to port, until her return into the river of Thames, with the quantities, qualities, marks, and number of each parcel, for whose account, and of whom received, and to whom delivered, or to be delivered, and the names of the passengers and places they were taken in at, and where landed or delivered; unto which books, accounts, journals, registers, and diaries, not only the supra-cargoes on board the said ship, if any shall belong thereunto, shall and may have free access and resort to view and inspect the same, and take copies thereof, at their pleasure; but also the said master and officers shall produce the same to be inspected, perused, and copied, if necessary or required, by the president, agent, or chief factor of the said company in the East Indies, China, and other the limits aforesaid, at each and every port and place respectively where the said goods, bullion, and passengers shall be taken in, or laden or unladen, or landed, before the said ship shall depart from such port or place; and in case there be none of the said company's presidents or factors there, that then the said registers, journals, diaries, and accounts shall be (for the purposes aforesaid) produced at the next port or place to which the said ship shall proceed, and where any such president, agent, or chief factor shall reside or be; and upon the return of the said ship to England, the books in which such entries are made, or agreed to be made, as aforesaid, shall, together with the journals and diaries so to be kept by the master or mates, or purser or boatswain of the said ship for the time being, be delivered unaltered to the said company, upon the oath of the said respective persons so keeping the same, if required; and in case the said respective persons shall not deliver the same, and, if required, make oath before one of the masters of the court of chancery, that such books, journals, registers, diaries, and accounts, do respectively contain a true, full, and perfect account of the acts, proceedings, accidents, and occurrences aforesaid, and of all the bullion, goods, merchandizes, and passengers taken in and delivered out of the said ship as aforesaid, and that such books respectively have not been altered, that then it shall be deemed and construed that the said ship has deviated from her intended voyage, and taken in and traded with and for unlicensed goods; and in or towards reparation or damages to the said united company for and in respect thereof, the goods and merchandizes which otherwise would belong to the said master and officers, as an indulgence and encouragement to them to perform the covenants of this charterparty, as herein-after is mentioned, shall for failure of performing this covenant in particular, so far as concerns the offenders or defaulters respectively, be taken, retained, held, and enjoyed by the said company, to and for the use and behoof of the said company: And moreover, and until such delivery, it shall and may be lawful to and for the said united company retain and keep to their own use the last moiety or half-part of all such freight and demurrage as shall be due or payable to the said part owners and master for the hire of the said ship by virtue of this charterparty; any thing herein contained to the contrary notwithstanding. And the said part owners and master do as aforesaid covenant and agree, that there shall not be laden or taken on board the said ship, by the said master, officers, or seamen of the said ship, or any of them, or any other person whatsoever, to be carried in the said ship for or towards the East Indies, or elsewhere within the limits granted or allowed to the said company, or to be carried from one port or place to another there, or to be brought from thence, or elsewhere, to or towards England, any greater or other quantities or kinds of goods, merchandizes, bullion, or effects, than what are for the said company's account, or expressly and particularly allowed by the said company, in writing, under their common seal; nor shall they, or any of them, carry or transport in the said ship to the East Indies, or elsewhere within the said limits, to stay there, or carry or suffer to be carried or transported from one port there to another, or bring home from thence, or from St. Helena, any person or persons but

Penalty.

No unlicensed

Goods to be carried in the Ship,

or any Pas

sengers, Leave.

without

to

what is neces

sary to prevent unlawful Trade.

Covenant not to

the said ship's company, and such as are then actually in the said company's Vol. III. Ch.IX. service, except by and with the especial orders or licence in writing of the said company, or their governors, presidents, agents, or chiefs; and if it shall appear that any goods, merchandizes, or persons have been carried in the said ship contrary to this agreement, such goods, merchandizes, bullion, and effects, and every part thereof, shall be deemed and accounted to be, and the same are hereby declared to be unlicensed goods, and the same shall be taken, held, and enjoyed by the said united company and their successors, as their own goods and chattels, and to and for their own proper use and behoof for ever; and moreover, the parties offending therein shall Penalties. be subject and liable to such pains and penalties as any law or statute made in that behalf enacts or directs; and furthermore, it shall be lawful to and for the said company, and their successors, to retain to their own use and behoof fifty pounds sterling for every passenger or other person that shall be carried in the said ship contrary to this covenant, or the true meaning thereof. And it is agreed, and the said part owners and master do hereby Company to do consent, that the said company shall and may do all or any such acts as they shall think fit, for the preventing or discovering of all or any unlawful, unlicensed, or clandestine trade. And the said part owners and master do as aforesaid hereby covenant and agree, that the said master, or the master do any thing for the time being, or any the officers, seamen, or mariners of the said ship, against the Act or persons employed therein during the said voyage, shall not do or suffer of Navigation. to be done any act, matter, or thing against the act commonly called the act of navigation, or against any law or statute, laws or statutes of this kingdom, whereby or by means whereof all or any of the goods, wares, or merchandizes laden or to be laden on board the said ship shall or may, in part or in all, be or become forfeited, or liable to be forfeited or seized. And to the in- Ship to have her tent that the ship may be the better navigated and secured, and that justice Complement of Men during the may be done by the master for the time being to the seamen of or belonging Voyage. to the said ship, and to the said company, it is agreed by the said part owners and master, that if any of the seamen, or others acting as such, in the said ship, shall happen to die before her arrival at, or during her stay in, or before her setting sail from the East Indies, or elsewhere within the limits aforesaid, or from St. Helena for England, that then and in such case the whole number agreed to be carried out in her from England shall, if procurable, be supplied by the master for the time being at the place where she shall take in her lading or elsewhere; or in default thereof, the said company's president, agent, or chief, or the governor of St. Helena, shall and may put on board such number of scamen, or other persons, as shall complete the said number to be brought for England, at the charge of the owners, and the company shall not be obliged to pay for any such person's passage or diet. And it is further covenanted and agreed as aforesaid, that How far, and at it shall not be lawful for the said master, or the master of the said ship for what Rates Seathe time being, or any other officer of the said ship, during this present voyage (directly or indirectly) to furnish any of the seamen of the said ship Voyage. with any money, liquors, provisions, or necessaries, beyond the value of onethird part of what the wages of such seamen shall amount unto at the time of furnishing the same (excepting what they shall take up for dead men's clothes bought at the mast), nor for a higher profit or advantage on such monies, liquors, or provisions, or other necessaries, than after the rate of forty pounds for every hundred pounds advance in time of peace, and seventy pounds for every hundred pounds in time of war, upon their real prime cost; and in case any money, liquors, provisions, or necessaries shall be furnished above the said third part, including the said profit thereon, or shall be charged at a greater price than as aforesaid, no deduction shall be made for the same from the pay of the said seamen for the excess; but contrary-wise it shall be lawful for the said united company to retain the exceedings out of the freight

men to be supplied during the