Page:Federal Reporter, 1st Series, Volume 10.djvu/401

 MA.UEY V, COLLIFORD. �near thereiinto as she may safely get, and there load from the said charterers or their agents a full and complete cargo of cotton, in square baies, to be compressed in iaylor or equally good presses, at ship's expense, as customary, not exceeding what she can reasonably stow and carry over and above her cabin, tackle, apparel, provisions, f urniture, engine-room, machinery, and coals, and being so loaded shall therewith proceed to Liverpool, or to a safe port on the continent between Havre and Hamburg, Holland and Dunkirk excepted, both inclusive, or to Eevel, one port, as ordered in signing-bills of lading, or so near thereunto as she may safely get, and deliver the same agreeably to bills of lading, and so end the voyage. (Restraint of princes and rulers, the dangers of the seas, rivers, and navigation, tire, pirates, enemies, and accidents to machinery or boilers during the said voyage, always excepted.) �" Eighteen working days are to be allowed the said charterer (if the ship is not sooner dispatched) for loading; to count from the time the steamer is ready to receive cargo and vrritten notice thereof by the master to the charterers or their agents ; to be discharged as fast as the custom of port will permit. The cargo to be loaded and discharged according to the custom of the respective ports. Charterers to have option of ordering the steamer from port of call to an Atlantic port to load under this charter-party ; all con- ditions remaining the same as within. In the event of the steamer being ordered to load at Mobile, charterers to pay half the lighterage incurred, Should the steamer be ordered to Havre, Mr. F. Dennis, or charterers' assignees, to transact the ship's inward business for J per cent. �"And the said charterers do hereby agree to load the said vessel with said cargo at her port of loading, and also to receive same at her port of delivery, as herein stated, and also shall and will pay freight as follows: At the rate of, if discharged at Liverpool, seven-sixteentlis per pound gross weight, delivered ; if discliarged at any other safe port on the continent, seven-sixteenths per pound gross weight,shipped; if discharged at Eevel, one-ihalf pence per pound gross weight, shipped ; for cotton in square compressed baies, with 5 per cent, prirnage thereon. Payment whereof to become due and be made as follows: Cash for ordinary disbursements at port of loading, if required, not exceeding �£, to be advanced to the master by the charterers' agents, at the current �rate of exchange, against the captain's draft, at issuance, on the consignee ov agents, together with Insurance, and a commission at 2J per cent., and the remainder, on the true delivery of the cargo, in cash without discount. Lay days not to commence before the flfth of October, and merehants to have the option of cancelling this charter-party should steamer not arrive at South- west pass or Key West by the twentieth of October. And also shall and will pay demurrage the sum of 40 pounds British sterling per day, to be paid day by day for each and every day the steam-ship be detained over and above the said laying days and times as herein stated, but the vessel not to be required to remain on demurrage longer than 10 days. The steam-ship to be consigued to the charterers, or their agents, at the port of loading, pay- ing 2J per cent, commission. The master to sign bills of lading at cur- rent rates of freight, if required, without prejudice to this charter-party; but should the aggregate freiglit by bills of lading amount to less than the total ehartered freight, the master to be paid the difference in cash before sailing. �"And for the true performance hereof each of the said parties doth hereby Dind himself and themselves unto the other in the penal sum of estimated �freight, pounds of good and lawf ul money of Great Britain ; it being agreed �that for the payment of all freiglit, dead freight, and demurrage the said mas- ter or owners shall have an absolute lien and charge on the said cargo. �" Five per cent, commission is due on the execution of this charter-party to ��� �