BOTTOMRY BOND EXECUTED BY THE MASTER OF SHIP TO SECURE EMERGENCY FUND FOR REPAIR AND OTHER NECESSARIES OF THE SHIP
[Alternative Form]
THIS BOTTOMRY BOND is made by master of the Indian Sailing ship “___________” (name of vessel) of _______ tons gross and ______ tons net registered belonging to the port of Madras official number ________ and now at the port of ” __________ ”.
WHEREAS :
- The said ship “__________” (name of vessel) while in the course of a voyage from Madras to “___________” has been compelled to put into the port of ___________ for the purpose of procuring provisions and other supplies and for the repair of damage to enable her to continue and perform the said voyage to “__________”.
- I am without funds to pay for the same and the owners of the ship her freight and cargo and the shippers and consignees thereof have refused to provide, me with the necessary funds for that purpose.
- “_________” (Lender) of (address, etc.) (hereinafter called the Lender) has at my request and on the security of the said ship during the voyage to “______________” lent to me at Bottomry the sum of Rs.___________.
NOW BE IT KNOWN that I do covenant with the lender as follows:
- That the said Ship shall as soon as the necessary repairs and supplies have been completed and the weather permits sail and depart from the port of _______ for the port of _______ there to finish the voyage aforesaid.
- That in consideration of the sum of Rs. _________ paid to me by the lender the receipt of which I hereby acknowledge, I do hereby bind myself and particularly the said Ship the tackle and apparel of the same and also the freight of the ship which is or shall become due for the aforesaid voyage and the owners of the said ship to pay to the lender, his legal heirs or assigns the sum of Rs. ________and interest thereon calculated at the rate of twenty-five per cent per annum from the date of this deed within thirty days next after the safe arrival of the said ship at the port of ________ from the said intended voyage.
- That if the said ship in the course of the voyage on which she is now being dispatched shall go into any port of refuge to obtain repairs there all the monies for the payment of which the said ship her freight and owners are hereby pledge shall forthwith become due and payable.
- That I am the lawful master of the said ship and have full power and authority to charge and engage the said ship with her freight as aforesaid and that the said ship with her freight shall at all times after the said voyage be liable and chargeable for the payment of the said sums according to the true intent and meaning of this deed.
AND BE IT KNOWN ALSO and it is hereby declared that in case the said ship shall be lost miscarry or be cast away before her arrival at any port of refuge for repairs or at the port of __________ from the said intended voyage then the payment of the said sum of Rs. ________ and the interest due thereon shall not be demanded or be recoverable by the lender his legal heirs or assigns and the loss thereof shall be wholly borne and sustained by the lender his legal heirs or assigns and that then and from thenceforth every act matter and thing herein covenanted on the part and behalf of the said master shall be void notwithstanding anything herein contained to the contrary.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals to these presents on this _____ day of ________, 20____.
At the port of _______ this _______ day of ___________.
SIGNED, SEALED AND DELIVERED At the port of ___________
In the presence of:
[Signature and seal of master of the ship]
Witnesses:
- __________
- __________
[Signature and seal of the Lender]
