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that the said ship being tight, staunch, and strong, and in every way fitted for the Voyage, shall with all convenient speed, sail and proceed

to

or as near thereunto as she may safely get, and there load from the factors of the said Merchant a full and complete cargo

which is to be brought to and taken from alongside at Merchant's Risk and Expense, and not exceeding what she can reasonably stow and carry over and above her tackle, apparel, provisions, and furniture, and being so loaded shall therewith proceed to

or as near thereunto as she may safely get, and deliver the same on being paid freight.

Restraint of Princes and Rulers, the Act of God, the Queen's Enemies, Fire, and all and every other Dangers and Accidents of the Seas, Rivers, and Navigation of whatever Nature and Kind soever, during the said Voyage, alwags excepted.

Freight to be paid on the right delivery of the cargo.

days to be allowed the said Merchant (if the Ship

be not sooner despatched), for

and

laying days at £

days on Demurrage a over and above the said per day.

Penalty for non-performance of this agreement, estimated amount of freight.

Witness to the signature of

Witness to the signature of

a It is usual to fix a certain number of days, called the 'lay days,' for the loading and unloading of the ship. Beyond these the merchant may be allowed to detain the ship, if need be, on payment of a fixed sum per diem. The detention and the payment are called Demurrage.

FORM OF BILL OF LADING FOR GOODS SHIPPED
ON SAILING VESSEL.a 1

Shipped in good Order and well conditioned by

in and upon the good Ship called the

whereof is Master for this present Voyage

and now riding at Anchor in the

to say

and bound for

being marked and numbered as in the Margin, and are to be delivered in the like good order and well conditioned at the aforesaid Port of

(the Act of God, the Queen's Enemies, Fire, and all and every other Dangers, and Accidents of the Seas, Rivers, and Navigation of whatever nature and kind soever excepted) unto

or to

Assigns

he or they paying Freight for the said Goods

with Primage and Average accustomed. En Witness whereof the

Master or Purser of the said Ship hath affirmed to

all of this Tenour and Date the one of which

Bills of Lading

Bills

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a A Bill of Lading for goods shipped on a steamship includes among the excepted risks those from 'Fire, Machinery, Boiler, Steam,' and all other dangers and accidents of steam navigation.

Primage is a small customary payment to the master, and Average here means small necessary payments made by the master and repaid him by the merchant. Particular average means the incidence of loss from damage to any part of ship or cargo upon the individual owner or his insurer.

General average means the apportionment of the loss among all the parties interested in ship or cargo in proportion to their interest where the loss is caused in tentionally and for the common safety, as by cutting away masts or throwing cargo overboard.

1 For uniform inland bill of lading see Porter, Law of Bills of Lading,

S. G.

£

FORM OF POLICY OF MARINE INSURANCE.1

Be it known that

as well in

own Name, as for and in the Name and Names of
all and every other Person or Persons to whom the same doth, may, or
shall appertain in part or in all, doth make assurance, and cause
and them and every of them, to be insured, lost or not lost, at

and from
upon any kind of Goods and Merchandises, and also upon the Body,
Tackle, Apparel, Ordnance, Munition, Artillery, Boat and other Furni-
ture, of and in the good Ship or Vessel called the

whereof is Master, under God, for this present voyage,

or whosoever else shall go for Master in the said Ship, or by whatsoever other Name or Names the same Ship, or the Master thereof is or shall be named or called, beginning the Adventure upon the said Goods and Merchandises from the loading thereof aboard the said Ship upon the said Ship, &c.

Abode there, upon the said
all her Ordnance, Tackle,
soever, shall be arrived at

and shall so continue and endure, during her Ship, &c.; and further, until the said Ship, with Apparel, &c., and Goods and Merchandises what

upon the said Ship, &c., until she hath moored at Anchor Twenty-four Hours in good Safety, and upon the Goods and Merchandises, until the same be there discharged and safely landed; and it shall be lawful for the said Ship, &c., in this Voyage to proceed and sail to and touch and stay at any Ports or Places whatsoever

without Prejudice to this Insurance. The said Ship, &c., Goods and Merchandises, &c., for so much as concerns the Assured, by Agreement between the Assured and Assurers in this Policy, are and shall be valued

at

Touching the Adventures and Perils which we the Assurers are contented to bear and to take upon us in this Voyage, they are, of the Seas, Men-of-War, Fire, Enemies, Pirates, Rovers, Thieves, Jettisons, Letters of Mart and Countermart, Surprisals, Takings at Sea, Arrests, Restraints and Detainments of all Kings, Princes, and People, of what Nation, Condition, or Quality soever, Barratry of the Master and Mariners, and of all other Perils, Losses, Misfortunes that have or shall come to the Hurt, Detriment, or Damage of the said Goods and Merchandises and Ship, &c., or any Part thereof; and in case of any loss or Misfortune, it shall be lawful to the Assured, their Factors, Servants, and Assigns, to sue, labour and travel for, in, and about the Defence, Safeguard and Recovery of the said Goods and Merchandises, and Ship, &c., or any Part thereof, without Prejudice to this Insurance; to the Charges whereof we, the Assurers, will contribute, each one according to the Rate and Quantity of his Sum herein assured. And it is agreed by us the Insurers, that this Writing or Policy of Assurance shall be of as much Force and Effect as the surest Writing or Policy of Assurance heretofore made in Lombard Street, or in the Royal Exchange, or elsewhere in London. And so we the Assurers are contented, and do hereby promise and bind ourselves, each one for his own Part, our Heirs, Executors, and Goods, to the Assured, their Executors, Administrators, and Assigns, for the true Performance of the Premises, confessing ourselves paid the Consideration due unto us for this Assurance by the Assured at and after the Rate of

IN WITNESS whereof, we the Assurers have subscribed our Names and Sums assured in

N.B.-Corn, Fish, Salt, Fruit, Flour, and Seed are warranted free from Average, unless general, or the Ship be stranded; Sugar, Tobacco, Hemp, Flax, Hides, and Skins are warranted free from Average under Five Pounds per Cent.; and all other Goods, also the Ship and Freight, are warranted free from Average under Three Pounds per Cent.; unless general, or the Ship be stranded.

1 See Richards on Insurance, p. 600.

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I promise to pay to RICHARD ROE or order at the Old Bank, Oxford, six

months after date the sum of £100, for value received.

JOHN DOE

INDEX.

REFERENCES ARE TO TOP PAGINGS.

A.

Absolute promise:

and concurrent condition, 361.
Acceptance: 13-49.

of offer of contract, 5, 13-24.

must be absolute and unconditional, 23.

its effect in concluding contract, 5, 28.
must be communicated, 5, 19-23.
in case of rewards, 19 n.

may be made by conduct, 17.

in contracts by correspondence, 25-32.
motive of acceptance immaterial, 43.
of bill of exchange

must be in writing, 68, 296.
consideration for, 90, 299.

Accommodation bill:
its character, 301.

Accord and satisfaction:
how constituted, 106, 383.

a form of discharge of right of action,
381.

accord without satisfaction, effect of, 336.
Account stated:

with infant, void, 134.
its general effect, 439.
Acquiescence:

how far equivalent to acceptance, 20.
in fraud, affirms contract, 211.

in breach of condition, 182, 373.

in act of agent, a ratification, 408, 431.
Act of God:

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