No. 39. Respondentia Bond. ship Belvidere, in the service of the Honourable East India Company, and Peter Douglas, of Fitzroy-square, are held and firmly bound to Hans Busk, of New Broad-street, London, merchant, in the sum or penalty of one thousand five hundred pounds, of good and lawful money of Great Britain, to be paid to the said Hans Busk, or to his certain attorney, executors, administrators, or assigns, to which payment well and truly to be made, we bind ourselves jointly and separately, our heirs, executors, and administrators, firmly by these presents, sealed with our seals, dated this day of , in the year of our Lord one thousand eight hundred and WHEREAS, the above-named Hans Busk has, on the day of the date above written, advanced and lent unto the said James Peter Fearon and Peter Douglas, the sum of seven hundred and fifty pounds, upon the goods and merchandizes, and effects laden, and to be laden on board the good ship or vessel called the Belvidere, of the burthen of 987 tons or thereabouts, now riding at anchor in the river of Thames, outward bound to China, and whereof James Peter Fearon is commander, by his acceptance of a bill of exchange to that amount, at four months' date, for the account of them, the said James Peter Fearon and Peter Douglas. Bond. Now the condition of this obligation is such, No. 39. that if the said ship or vessel do and shall, with Respondentia all convenient speed, proceed, and sail from and out of the said river of Thames on a voyage to any port or place, ports or places, in the East Indies, China, Persia, or elsewhere, beyond the Cape of Good Hope, and from thence do and shall sail, return, and come back into the said river of Thames, at or before the end and expiration of thirty-six calendar months, to be accounted from the day of the date above written, and there to end her said intended voyage, (the dangers and casualties of the seas excepted,) and if the said James Peter Fearon and Peter Douglas, or either of them, their, or either of their heirs, executors, or administrators, do and shall within thirty days next, after the said ship or vessel shall be arrived at her moorings, in the said river of Thames, from her said intended voyage, or at or upon end and expiration of the said thirty-six calendar months, to be accounted as aforesaid, (which of the said times shall first and next happen,) well and truly pay or cause to be paid unto the said Hans Busk, his executors, administrators, or assigns, the full sum of one thousand and twenty pounds, of lawful money of Great Britain, together with thirteen pounds ten shillings of like money per calendar month, for each and every calendar month, and so proportionably for a greater or lesser time than a calendar month, for all such time, and so many calendar months as the Bond. No. 39. shall be elapsed and run out of the said thirtyRespondentia six calendar months, over and above twenty calendar months, to be accounted from the day of the date above written, or if in the said voyage, and within the said thirty-six calendar months, to be accounted as aforesaid, an utter loss of the said ship or vessel by fire, enemies, men of war, or any other casualties shall unavoidably happen, and the said James Peter Fearon and Peter Douglas, their heirs, executors, or administrators, do and shall within six calendar months next, after such loss, well and truly account for, (upon oath, if required,) and pay unto the said Hans Busk, his executors, administrators, or assigns, a just and proportionable average on all the goods and effects of the said James Peter Fearon, carried from England on board the said ship or vessel, and the nett proceeds thereof, and on all other goods and effects which the said James Peter Fearon shall acquire during the said voyage, for or by reason of such goods, merchandizes, and effects, and which shall not be unavoidably lost, then the above written obligation. to be void and of none effect, else to stand in full force and virtue. Signed, sealed, and delivered, one thousand eight hundred and between A. B. master of the ship or vessel of the one part, and the several persons and having, on or about the of following, encountered stormy and tempestuous weather, the said vessel labouring very hard and driving fast on shore, the crew were obliged for the safety of the vessel and cargo to [here must be recited, clearly and carefully, the facts and occurrences which gave rise to the general average, in order to show that the sacrifice and expences were for the benefit of all concerned, and that the parties are liable, in point of law, to contribute pro ratâ to the general average ;] whereby, or by means whereof, considerable loss has been sustained, and considerable expences, disbursements, and charges have been incurred, the amount whereof cannot, at present, be sufficiently ascertained, and which may form a charge on the vessel, freight, and the goods laden on board, or may come under the denomination of a general average, to which Average Agreement. the said parties of the second part being respectively owners, or consignees, or agents of owners or consignees of the goods laden on board thereof, may be liable to contribute. Now these articles witness, that in consideration of the engagements and agreements of the said parties of the second part, hereinafter contained, the said A. B. for himself individually, and also for the owners of the said vessel, engages and agrees with each of the said parties of the second part, that he, the said A. B. or the said owners shall and will deliver, or cause to be delivered, as soon as can be conveniently done, at the port of aforesaid, and on reasonable request, the respective goods, wares, and merchandize, so laden on board the said vessel, and belonging, or consigned, respectively unto the several parties of the second part, his or their factors, agents, or assigns, and permit them to receive, take possession, and remove the same according to their respective rights, positions, or ownerships thereof, (the damages and casualties of the seas and navigation, restraints of princes and rulers, fire, pirates, enemies, or other inevitable accident not preventing.) In consideration whereof, the said parties of the second part do hereby for themselves, severally and respectively, and not jointly, personally engage and agree with the said master, A. B. individually, and also with the owners of the said vessel to pay or cause to be paid unto the said A. B. or as may be required unto |