Nantz, 25th June, 1775;

INVOICE of fundries, per the Margaret, captain Fairweather, by order, and for account, and at the risk of Mr. James Scruton, merchant in Glasgow, viz,

Livres.

Beft claret, 20 pipes, at 504 livres per pipe,

Beft Nantz, 20 pipes, at 378 livres per pipe,

Shipping charges,

Commiffion, at 24 per cent,

Exchange 31 ds. Sterling, per ecu,

SIR,

10080:

7560: Ò

270; 9 447: 15

18357:15

YOUR fhip, the Margaret, brought me fafe, and in good order, 300 hhds. tobacco, of which I fhall make the moft, and remit you accordingly; I have already fold 200 hhds. on the quay, at 8s. 6d. Francoife, per lb, at your credit.

By your order I have alfo fhipped for your accounț as above, which will, I hope, giye fatisfaction; in the mean time I have the honour to be,

SIR,

Your most obedient humble fervant,

FRANCIS LEMMAN.

Mr. James Scruton, Glasgow,

PRECEDENTS;

OR,

FORMS OF WRITINGS

USED BY MERCHANTS.

HE forms of merchants writings differ in different countries; Tand, in Britain, fome forms are peculiar to England, others to

Scotland, and fome are common to both; and under each of these heads there occurs fuch a great variety as would fwell this chapter to an immoderate bulk, and ftretch it far beyond the narrow limits here prescribed; and, therefore, I fhall only prefent the reader with a few fuch fpecimens, in each of these kinds, as the British merchant is moft concerned to be acquainted with.

ENGLISH PRECEDENTS.

A charter-party of Affreightment.

A Charter-party is, a written agreement between a merchant

and the mafter, or owners, of a fhip, relating to the freight, of which there must be two copies, one figned by the mafter, and delivered to the merchant; the other figned by the merchant, and delivered to the mafter or owners. This agreement may be either for fo much per month, or so much per ton, and the voyage may be either outward or inward, or both, or to feveral ports, called a trading voyage; again, though commonly the mafter or owners victual and work the ship themselves, yet sometimes the merchant does it, and the fhip is faid to be freighted for tear and wear. According to thefe circumftances, the form of the charter-party will vary a little; but the nature of the writing will be obvious, from the following fpecimen.

THIS charter-party, indented, made, and agreed upon the

of the month of

Anno Dom.

and in the

to

-year

of the reign of our fovereign, between A. B.-mariner, mafter and owner of the good fhip, or veffel, called thenow riding at anchor in the river- of the burden of one hundred tons, or thereabouts, of the one part, and C. D. of the city of merchant, of the other part; Witnesseth, that the faid A. B. for the confiderations herein after mentioned, hath granted, and to freight letten, and by these presents doth grant, and to freight let, unto the faid C. D, his executors, adminiftrators, and affigns, the whole tonage of the hold, ftern-fheets, and half-deck, of the faid ship, or veffel, called from the port of in a voyage to be made with the faid fhip, in manner hereafter mentioned; That is to fay, to fail with the first fair wind and weather, that shall happen after or before next, from the port of with the goods and merchandise of the faid C. D. his factors or affigns, on board, to — aforefaid, there to be discharged of her faid cargo, within twenty one days next after her arrival there, for the end of her faid voyage. In confideration whereof, the faid C. D. for himself, his executors and adminiftrators, doth covenant, promife, and grant to, and with the said A. B. his executors, adminiftrators and affigns, by these prefents, that he, the said C. D. his executors, adminiftrators, factors or affigns, fhall and will, well and truly pay, or caufe to be paid, unto the faid A. B. his executors, adminiftrators, or affigns, for the freight of the faid fhip and goods, Sterling, within twenty-one days after the faid fhip's arrival, and goods difcharged, at the port of faid, for the end of the faid voyage; and alfo fhall, and will pay for demurrage, (if any fhall be by default of him, the faid C. D. his factors or affigns,) the fum of per day, daily, and every day, as the fame fhall become due, and the faid A. B. for himself, his executors and administrators, doth covenant, promise, and grant to, and with the faid C. D. his executors, adminiftrators, and affigns, by these presents, that the fhip, or veffel, fhall be ready, at the said port of , to take in goods, by the faid or before

the fum of

afore

next coming, and within ten days next, after the said ship, or veffel, fhall arrive at the faid port, in manner and according to the times aforefaid, he the faid C. D. doth promise to have his goods ready to put on board the faid fhip, to proceed on the faid voyage, and the faid A. B. for himself, his executors and adminiftrators, doth further covenant, promise, and grant to, and with the faid C. D. his executors, administrators, and affigns, that the said ship, or veffel, now is, and at all times, during the faid voyage, fhall be, to the best endeavour of the faid A. B. his executors and adminiftrators, and at his, and their, own proper cofts and charges,

in all things made, and kept ftiff, ftaunch, ftrong, well apparelled, furnished, and provided, as well with men and mariners, sufficient and able, to fail, guide, and govern the said ship, as with all manner of rigging, boats, tackle, furniture, provifion, and appurtenances, fiting and neceffary for the faid men and mariners, and for the faid fhip, during the voyage aforefaid. In witness whereof, the parties aforefaid to thefe charter-parties indented, have interchangeably put their hands and feals, the day and year above written. Sealed and delivered in

in }

A. B.

A bond for goods fold by inch of candle.

M

ERCHANTS in London, particularly the Eaft-India company, when they want to difpofe of any cargo of goods fpeedily, they commonly fell them by inch of candle; that is, they expose them to public fale, and the highest bidder is to have them. In order to which, the goods are divided into parcels, called lots, and tickets are printed and difperfed upon the Exchange, and elsewhere, giving notice of the day of fale, and what quantity the lots contain, and at what price each lot will be fet up, with the advance to be obferved in bidding. During the time of the bidding for any lot, a fmall piece of wax-candle (about an inch) is burning; and he who bids last, at the time the candle goes out, has the lot; and if two or more should chance to bid at once, the lot, to prevent disputes, is again fet up; and the laft bidder has it, and muft ftand to the bargain, whether good or bad; and thereupon inftantly (before another lot is fet up) figns a bond to the following purpose.

KNOW ALL MEN, by thefe prefents, that I, on the date hereof, do confefs and acknowledge to have bought of at a public fale, at the candle, lot, containing, as by the printed tickets appear to be accepted and taken at the price aforefaid, in the like quality and condition as now they are in and fhall arife, good or bad, without exception, and without any abatement, for or in refpect of any fault or defect whatsoever. And I the faid -, for myself, my executors and affigns, do covenant, promife and agree, to and with the faid- his executors or affigns, by thefe prefents, that I the faid , my executors, administrators, or affigns, fhall, and will, well and truly pay, or caufe to be paid, unto the faid his executors, adminiftra-lawful money of

tors or affigns, the full and entire fum of

Great Britain, which the faid goods shall amount unto, at the rate

and price agreed upon aforefaid, at or in the now dwelling-houfe
or fhop of
(before I fhall receive the faid goods, or any
part or parcel thereof, into my cuftody or poffeffion,) in the manner
and form following
and then to receive and take away the
faid goods out of the house or warehouse, wherein now they are,
at my own proper coft and charges, without any delay, pretence, or
pretences to the contrary whatsoever. And for the true perfor
mance of all, and fingular, the premiffes, and due payment, in man-
ner and form aforefaid, I do bind myself, my heirs, executors, ad-
miniftrators and affigns, unto the faid — his executors and
affigns, in the fum of
lawful money
of Great Britain, firmly,
by these presents, to be paid unto the faid
his executors
or affigns, immediately after any default made, contrary to the true
intent and meaning of these presents. And furthermore, upon any
fuch default made, I do, by these prefents, fully and abfolutely,
for myself, my heirs, executors, adminiftrators and affigns, remife,
release, and for ever quit-claim and difcharge, unto the faid

his executors and affigns, all, and fingular, my right, title, intereft,
benefit, claim and demand whatsoever, of, in and unto the faid
goods, or any part or parcel thereof, which I ever had, and which
I, my heirs, executors, adminiftrators or affigns, fhall or may have,
claim, challenge or demand, for or by reafon, occafion, force or vir-
tue, by or in refpect of this prefent fale or agreement. In witness
auhereof, I have hereunto fet my hand and feal. Dated in
in the year of the reign of our fovereign lord George the third,
king of Great Britain
and in the year of our Lord God.

Signed, fealed and deli

A. B.

vered, in prefence of S

I

F. G.

T. R.

An arbitration bond.

Tis an ordinary and laudable practice among merchants, that they do not, upon every fmall difference that happens, go to law, but refer the matter in queftion to the decifion of two knowing men, or, in case these two cannot agree, they sometimes chufe a third, called an umpire. The contending parties oblige themfelves to ftand to their determination, by figning, and delivering, to each other, mutual bonds; the final fentence or decifion must be delivered in writing, which, if given by the arbitrators, is called in England, an award, and in Scotland, a decreet arbitral; and if given by the umpire, it gets the name of an umpirage. The bond of arbitration, as used in England, is commonly of the following form.

1