The Whaling Journal of Captain W. B. Rhodes: Barque Australian of Sydney 1836 - 1838
1. Articles of Agreement between the Owners and the Master of the 'Australian'
1. Articles of Agreement between the Owners and the Master of the 'Australian'
Articles of Agreement made and entered into this Eighteenth day of April—in the Year of our Lord One thousand eight hundred and thirty six between James Holt and Richard Roberts, of Sydney, Merchants, on behalf of the Firm of Cooper, Holt and Roberts, owners of the Barque called The Australian of the one part, and William Barnard Rhodes, Master of the said vessel, of the second part, namely, That the said William Barnard Rhodes who has been placed in command of the said vessel shall forthwith assume his duties and proceed therein as Commander thereof to such Fishing Grounds and Stations for taking and procuring Black Whale Oil at or adjacent to the Island of New Zealand or other places as he may be directed by the Instructions of the said Owners or as in his judgement and discretion (should he be so authorized by the said Owners) may appear most eligible there to fish, and shall and will exert himself and use his best endeavours to procure for the said vessel a full and complete cargo of Black Whale Oil Whale Bone and other substances or articles usually procured on such voyages and having so done or at the expiration of the season shall return with the same to the aforesaid Port of Sydney and there discharge and deliver the said cargo to the aforesaid Cooper, Holt and Roberts, their Agents, Executors, Administrators or Assigns That the said William Barnard Rhodes, on the due fulfilment of the conditions of this agreement, shall be entitled for his services, skill and ability to One Twelfth part of the said Black Whale Oil, Whale Bone and other substances or articles procured during the said voyage first deducting the value of casks at the rate of Four Pounds per Tun old Measure, the Re-coopering, Wharfage (if any), Labour, and other incidental Expenses page 88as may accrue on the landing or transhipping thereof, the said owners reserving to themselves the option of taking the said Master's portion of Oil, Bone, and other substances or articles at the market price at Sydney and on the usual terms of sale first deducting the value of casks and other expenses before enumerated, or, if he should so make his election, the said Master may ship the said Oil, Bone and other substances or articles home through the said owners on his own account, or (if the said owners should decline to purchase the same on the terms before mentioned) may sell the same here to his best advantage.
That the said William Barnard Rhodes shall use his utmost exertions to preserve due subordination obedience and sobriety among the crew of the said vessel and shall stand by and protect the said vessel in all parts and places seas and dangers and shall at all times use his utmost exertions skilled ability for the preservation of the said vessel and cargo and her Boats, Tackle, Apparel, Furniture, Stores, Materials and Appurtenances, and shall, whenever required by the said Owners or their Agents, truly account to them for the same and all such other things as the said Master shall be entrusted with by the said owners or which shall in any way come to his hands custody, care possession or power as Master of the said vessel and for all monies received and paid by him and for all his other transactions and conduct in the course of his duty as such Master and Commander of the said Barque Australian That he shall keep and cause to be kept a true and exact account of the Receipt and of the Issue, Expenditure and Consumption of all provisions liquors stores and supplies furnished for the use of the said vessel and shall produce and verify such account to the said owners when required and shall not suffer any misapprehension embezzlement or waste of any such provision Liquors stores and supplies That the said William Barnard Rhodes shall be just true and faithful to the said owners in all his transactions and conduct as Master of the said vessel and in all the concerns thereof and shall communicate with page 89them at every opportunity and shall not neglect his duty by day or night nor suffer the same in any of the Officers, Seamen or Crew under his command, but shall in all respects well and truly and faithfully perform the said intended voyage and strictly follow observe and obey the orders and directions of the said Cooper, Holt and Roberts for the performance of the said intended voyage according to the true intent and meaning of these presents That in the event of any or either of the officers or crew dying on board or deserting at any place or places before mentioned whilst engaged in Fishing or procuring Cargo the said William Barnard Rhodes shall be entitled to receive the amount of his claim against the person or persons so dying or deserting for slops, supplies and advances out of the balance (if such there be) which may be due to the person or persons so dying or his or their Estate or Estates after the said Cooper, Holt and Roberts shall have deducted therefrom and received the amount of their own claims for advances or otherwise.
That the said William Barnard Rhodes shall not wilfully negligently or incautiously do or permit to be done or omit or permit to be omitted any act matter or thing whatsoever during the course of the said intended voyage whereby the owners of the said vessel or any or either of them shall or may sustain any loss injury or damage and particularly That the said William Barnard Rhodes shall not at any time from the commencement of his duty as Master and Commander or throughout the said intended voyage carry on any illicit contraband or illegal trade or do permit or suffer to be done any other act matter or thing to subject or render liable the said vessel or her Cargo Boats Apparel Furniture or Appurtenances or any part or parts thereof to seizure confiscation fine or penalty or the said owners to any loss damage injury or expense in respect thereof or otherwise howsoever That the said William Barnard Rhodes shall not have any claim or demand or under any pretence whatsoever for performing the said intended voyage or any service on board the said vessel page 90or in her boats or on shore or in any other situation or place except as aforesaid.
Also that the said Cooper, Holt and Roberts engage to furnish out of their own stock on credit to the said William Barnard Rhodes at the current or market prices such supplies of slops, Tobacco and other Articles for sale to the crew of the said vessel actually employed as such (but not for trade or Barter with the Natives of New Zealand or others) in amount not exceeding One Hundred and Twenty pounds as the said Wiliam Barnard Rhodes may require, such amount to be deducted and paid for out of the amount of the aforesaid One Twelfth portion of Oil, Bone and other articles or substances to which the said William Barnard Rhodes may become entitled as master of the said vessel, if such there be, otherwise or in the event of deficiency therein, the said William Barnard Rhodes to be liable to pay, account for and make good to the said Cooper Holt and Roberts for such amount or such deficiency on his return from the aforesaid voyage to the said Port of Sydney.
That if any difference or dispute shall arise between the said owners and the said William Barnard Rhodes in respect of the accounts of the said William Barnard Rhodes or his conduct as Commander of the said vessel in any respect whatsoever or any clause or agreement herein contained or the meaning or construction thereof the same shall be referred to Two Arbitrators one to be chosen by the said Owners and the other by the said William Barnard Rhodes the award of which Arbitrators shall be binding and conclusive, and in case such two Arbitrators cannot agree in their award they shall have liberty to nominate and appoint an Umpire whose award shall be final, binding and conclusive and That the said Owners or the said William Barnard Rhodes shall be at liberty to make this submission a Rule of Court in either of His Majesty's Courts of Record at Westminster or Sydney, and that the cost of doing so and of such award shall be in the discretion of the said Arbitrators or Umpire.page 91
In witness whereof the said parties to these presents have hereunto set their hands and affixed their seals the day and year first before written.
W. B. Rhodes