Page:Federal Reporter, 1st Series, Volume 9.djvu/439

 424 FEDERAL REFOBTEB. �her "between-decks" to the libellants for a voyage from Hong Kong, China, to Portland, to carry "passengers and (or) freight" in number aa permitted by the laws of the United States, upon the terms and con- ditions following: "The said vessel shall be tight, staunch, and strong, and in every way fitted and provided for said voyage;" the libellants to provide at Hong Kong the "passengers and freight as aforesaid, and furnish bunks, cook-houses, water-closets, and hatch- houses, and everything necessary to the carrying of passengers, " and to pay the defendants "for the use of said vessel" during said voyage $2,900, — one-half before the vessel left Hong Kong, and the remain- der upon her arrivai at Portland; but, "if no cargo and all passengers, full amount payable in Hong Kong." �The "lay days for loading at Hong Kong" were to be from March 1 to April 1, 1880, and any detention caused by either party was to be compensated for by the payment to the other of demurrage at the rate of $50 per day. The charter-party contained the following stip- ulation: "To the true and faithful performance of all and every part of the foregoing agreement, we, the said parties, do hereby bind ourselves, our heirs, executors, administrators, and assigns, each to the other, in the penal sum of amount of charter;" that is, $2,900. It was also stipulated that "security" should "be given for the perform- ance of this agreement in the sum of $500," previous to the sailing of the vessel on her voyage to China. No attention seems to have been paid to this provision, except by the libellants, who, on February 26, 1880, advanced the defendants $600 earnest-money on the voyage from Hong Kong to Portland, erroneously stated in the answer to have been paid before the bark left Portland for the former place. The agreement is signed by the libellant, Ye Seng Company, and the various mercantile firms that compose the adventure, and by "Corbitt & Macleay, agents for owners." �In October, 1879, the Garibaldi left Portland for Hong Kong, Avhere she arrived about the end of that year. Hop Kee, a Chinese merchant at Hong Kong, was the agent of the libellants to deliver the cargo of freight and passengers, for which he was to receive a commission of 5 per centum. When the vessel arrived at Hong Kong shipping was scarce and coastwise freights were high. Soon after her arrivai in port, and before January 31, 1880, the master, Thomas J. Porbes, informed Hop Kee that he would not be allowed to carry passengers out of that port on the Garibaldi; and on Jan- uary 31st she was surveyed by R. McMurdo, the "surveyor for the government and local offices," who made and furnishod the master a ��� �