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3-274 (Original)

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addressee author,male,Agreement,un
Legal Document
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Government English
Legal English
Connell, 1980
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3-274.txt — 2 KB

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MEMORANDUM OF AGREEMENT made and entered into this first day of June in the year of our Lord one thousand eight hundred and seventy one - Between, Henry Banford, Henry Simpson and others, of the one part forming the Whaling Company at Encounter Bay in the Province of South Australia, And Alexander Ewen of Port Victor in the said province of the other party - That is to say - The said Alexander Ewen doth hereby agree to take the management of the said Whaling Company of Encounter Bay and to use all means in his power to secure Whales on behalf of the above named Company, and doth hereby agree to take charge of, and securely keep all and sundry the property of the said Whaling Company. Viz: all Boats, Oars, Storegear, at present on the station and also any other property the said Company may from time to time add to the said Whaling Station at Encounter Bay.
And the said Alexander Ewen doth further agree and bind himself to send all Whale-Oil, and Whale-Bone (if any obtained) to Port Adelaide and to consign the same to the said Henry Banford, Henry Simpson and others of the said Whaling Company and that he the said A Ewen will not sell or allow to be sold or disposed of in any way whatever any portion of the Oil or Bone obtained from any Whales caught and secured by the said Alexander Ewen or the crews under his charge and controul, at any other place or in any other way except by the sanction Of the said Henry Banford, Henery [sic] Simpson and others, - And further the said Alexander Ewen doth hereby agree and hold himself accountable to the said Henry Banford and others for all Boats, Oars, Stores, gear, and all other property now in the possession or to come into the possession of the said Whaling company and to be kept at Encounter Bay in the said province, and shall deliver them to the said H Banford and others in the same good order as he receives them (ordinary wear and tear excepted) at the end of the Whaling Season on or about the last day in August in this present year 1871.
In compliance with the above conditions the said Henry Banford, Henry Simpson and others on their part do agree to pay, or cause to be paid to the said A Ewen or his order the sum of Five pounds sterling money for every ton of Marketable Whale-oil and Five pounds per centum upon all monies realized by the sale of Whale bone as witness our hands this first day of June 1871
Witness Henry Banford on behalf of the said Company to Signatures Alexander Ewen