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The Old Whaling Days

Appendix “D” — The Mary and Elizabeth Papers, 1834

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Appendix “D”
The Mary and Elizabeth Papers
, 1834.

Whaling Articles.

Articles of Agreement made this thirty-first Day of March 1834 between James Kelly owner of the Brig Mary and Elizabeth of Hobart Town of the one part and the Several Subscribing Parties being Seamen and Whalers whose names are hereunto Subscribed of the other part Witnesseth

That the Subscribing parties agree with said James Kelly to proceed immediately in the Brig Mary and Elizabeth on her present Intended Whaling Voyage to the Coast of New Zealand or any other place Where Whales can be Caught for the purpose of procuring oil and Whale Bone for and in Consideration of the Specified Lay or Share of oil and Whale Bone as afixed opisite their Respective Names Which shall be a full Consideration for all Work or Services Done by them During the Voyage, and That they will Work and Navigate the said Brig from place to place as they may be Directed by the Master in Charge and faithfully do their Duty by Day or by Night in Boats or on Shore at any place the said Brig may touch at During the Voyage for the Benefit of all Concerned.

And James Kelly agrees to pay to Each officer and Seaman Signing this agreement at the Rate of Seven pounds ten shillings Pr ton for thair share of Good Marketable oil and Thirty five pounds Pr ton for thair share of Whale Bone after Deducting the Amount of Cash Slops and Tobacco that may have been advanced to the page 431 Respective parties During the Voyage which sums shall be payment in full for all Labour or Work Done, and the Subscribing parties agree to Receive the Same in Lieu of any Wages or other Emolument whatever.

And the Subscribing parties further Bind themselves to said James Kelly, in the Event of any Neglect of Duty Disobedience of orders or Insubordination on board the said Brig, That they will forfeit to the said James Kelly the whole of their Lay or Share that may be Due to them, also forfeit all Claims or Right to any Remuneration or payment for the time they may have been Employed And James Kelly binds himself to furnish the parties with sufficient Provisions During the Voyage and should the Master in Charge think it Proper it is agreed the same shall be weighed out Daily or Weekly.

In Witness hereof the Parties have hereunto set their Signatures at Hobart Town in Van Diemans Land this Thirty first Day of March 1834.

Witness Present



Names Description Lay or Share Witness to Signature
Hugh Forwood Boatsteerer Fortieth Lay Sophia Kelly
John Fitters Seaman Fortieth Lay Sophia Kelly
James X Walker Seaman Fortieth Lay Sophia Kelly
George Edwards Do. Sixty Second Sophia Kelly
Zachariah. X Chaffery Do. Sixty Second Sophia Kelly
William X Thomas Boatsteerer Fortieth Lay Sophia Kelly
George Smyth Seaman Sixty Second Lay Sophia Kelly
William X Carroll Do. Sixty Fifth Sophia Kelly
James X Phillips Do, Sixty Sixth Lay Sophia Kelly
Rolr Conel Do. Sixty Sixth Lay Sophia Kelly
Chs. Knight Seaman Sixtieth Lay Sophia Kelly
James X Saunders Do. Sixty Fifth Sophia Kelly
George Manning Cook & Steward Sixtieth Lay Robt. Jeffrie's

The X was in all cases accompanied by the words “his mark.” [The Author.]

page 432

Correspondence Re Register.

Colonial Secretary's Office,
24th September 1834


In reply to your letter of the 22nd instant representing the loss of your Brig's Register at New Zealand I am directed to inform you that directions have been given to the Customs to grant a new one after taking, the necessary steps.

I am, Sir,

Your very obedient Servant,


James Kelly, Esq.