***
Fociodical drydocking
and ma-
chinery inspection
When hire
NOSSOS.
And berluas again.
Forty-eight bours' allowance.
Cancelling olame.
Payment of hire.j
Advances.
Short on- Entemente.
Balance of hire.
Broken
periods.
A day's hire.
claims : how
to be ren-
dered.
Owners'
liabilities.
Flage. Bignalling.
Navigation requisites.
Admiralty Habilities.
Fuel.
Admiralty
Miscel lamooks.
crew to be British sub- jects.
Day And
Wight work.
Winches. Winchmen.
Overtiớ
Ses risk.
War risk
damage or
loss of ship.
2
9. Should the steamar remain in the Admiralty service for more than six months from the date of her last drydocking, 1 Owners agree, if required by the Admiralty, at the expiration of such six months to place the steamer in drydock, to clean and paint her bottom, to open up or test under steam as may be considered necessary by the Admiralty Inspectors any parts of the machinery and boilers, and to make good any defects likely to interfere with satisfactory fulfilment of her continued service, all of which shall be done at Owners' expense, and the same at the expiration of every six months during the currency of this 5 Charter.
Such drydocking and inspection shall take place at the port at which the steamer shall complete her voyage or at anch other adjacent port as may be approved by the Admiralty. The hire shall cease from the time the steamer is available for drydocking at the port of drydocking until abe is again placed at the disposal of the Admiralty at that port, ready to load and/or bunker and efficient for further service, between the hours of 9 s.m. and 5 p.m., but not on Sundaya or public holidays nor after 1 pm on Saturdays, unless steamer sail or work be begun meantime.
In calculating the period off pay under this clause an allowance of 48 running hours without stoppage of hire shall be granted in respect of each drydocking.
10. If there is any misrepresentation as regarde steamer's size, capabilities, and position, or if steamer has not arrived at the port of delivery or is not ready to load by or on the
Admiralty have the option of cancelling this Charter.
11. Payntent of Hire shall be made in England as follows:--
In the cass of steamers engaged for two monthe certain or mors, one calendar mouth's hire in advance on the steamer entering into pay, half a month's hire at the end of the second month, half a month's hire at the end of the third month, and one month's further hire at the end of each succeeding completed month of service.
In the cass of steamers engaged for less than two months, the advance of hire to he made on the steamer entering into pay shall be for two-thirds of the hire for the period certain, such advance in no case to exceed the amount of one calendar month's hire, and the remaining paymenta shall be made as laid down above.
War risk: death or injury of
draw.
Master navigation
and boats.
Master I
ties and ponti- bilty. instructions from Admi- raity.
Accounts of ORTED.
14
Complaints against
Uraw.
Bailing orders.
20
In all cases such payments shall be considered as payments on account, and the balance of hire shall be paid on the passing in Office of the accounts, &c., to be rendered by the steamer, and on receipt of the Logs for the period (vide 25 alause 24).
Periods off pay, and periods less than one calendar month at the expiration of this Charter shall be reckoned in days. A day's hire shall be calculated on the basis of th of twelve calendar months' hire of the steamer; and in case of inefficiency under clauses 9 and 25, any fraction of a day amounting to 12 hours or over shall count as one day off pay.
Claims for hire and other expenses allowable under this Charter shall be rendered to the Director of Transporta, 30 Admiralty, S. W., on Form T. 191a.
12. The Owners shall provide and pay for all wages, provisions, including fuel for galley and Electric Light, and all other expenses in connection with the Master, Officers, Engineers and Crow, for the insurance of the steamer, for all deck and engine- room storse, water for all purposes, for the proper ventilation of the cargo, for bosta, for ballast necessary to enable the steamer to proceed with safety without cargo, and for the maintenance of the steamer in a thoroughly efficient state in hull and machinery 35 for and during the service.
13. The steamer shall sail under flags provided by the Admiralty, but the Ownere shall provide the following flags, &c., for signalling :-
(a) A set of International Code Flags and the latest edition of the Signal Code.
(b) A pair of Hand Flags for Semephoring messages in daylight.
(s) A Flashing Lamp for signalling at night (Morse Code),
(d) Signal Letters for British Ships.
Insmetenoy.
Partial
Enemciency.
Period of incficiency
not to count.
Limitation
of Owners" lability. Negligencs.
剖
Owners (or
The Owners shall provide the Charts required for the safe navigation of the steamer according to the services on which she may from time to time be employed, and shall supply the necessary Compasses and Chronometer, in respect of which certifi- cates from competent authorities shall be furnished that they are in good order and that a correct deviation table has been 45 provided.
14. The Admiralty shall be liable for all coal, or other fuel, except fuel for gallay and Electric Light, and shall accept and pay for all fuel in steamer's bunkere at the time of delivery.
The Owners shall on entry into pay hand to the Admiralty Officer or Agent at the port a certificata sigued by the Master and Chief Engineer of the number of tons of fuel in the bunkers of the steamer, and its description.
On the expiration of the Charter the Owners shall pay the Admiralty for all the fuel left in the bunkers,
Both such payments shall be made at the current market price at the respective ports.
Liability of
Government stores.
Stoware.
Salvago.
50
Admiralty ¡uen.
Formity.
Arbitration.
15. The Admiralty shall be liable for port charges, pilotage, lights, duas, necessary tug nesistance, consular charges (except such as relate to Officers or Crew), Bills of Health, sud overtime under conditions of clause 17, but the Owners shall without any charge against the Admiralty arrange through the Master or their Port Agents all such services in connection with the 55 navigation and clearing of the steamer as if they were trading on their own account, pay the claims therefor and reclaim from the Director of Transports such as are necessary and for Admiralty account, the claim for each service being supported by the receipted vouchers. All pilotage certificates must show the draft of water.
16. When Great Britain is at ponce the Officers, Engineers, and every member of the Crew shall be British subjects. When Great Britain is at war this stipulation is to be carried out so far as practicable, but in any case, Master, Officers and Engineers 8 must be British subjects, and members of the hostile nationality are to be excluded. At least one of the officers or men must be able to use the fashing lantern.
A full list of the Crew with their rating and nationality shall be produced on the entry into pay of the steamer.
17. The steamer shall work day and night if required and the steam winches shall be at the service of the Admiralty by day and night with full steam when and as required. "The same shall be worked free of cost by the Crow, which must contain 4 efficient skilled hands to work all the winches on board at once injoue shift. The Admiralty will repay overtime gader such conditione as may be from time to time authorised.
18. The Admiralty shall not be held liable if the steamer shall be lost, wrecked, driven on shore, injured or rendered incapable of service by or in consequence of dangers of the sss or tempest, collision, fire, accident, stress of weather or any other cause arising sa a sea risk.
19. The risks of war which are taken by the Admiralty are those risks which would be excluded from an ordinary English policy of marine insurance by the following, or similar, but not more extensive clause :—
Warranted free of captare, seizure, sad detention and the consequences thereof, or of any attempt therest, piracy excepted, and also from all consequences of hostilities or warlike operations, whether before or after declaration of war.
Such risks are taken by the Admiralty on the sacertained value of the steamer, if she be totally lost, at the time of such $ loa, or, if she be injured, on the ascertained value of such injury.
Should a dispute arise as to the value of the steamer the same shall be settled an laid down in clause 31.
* These clauses are to be modified, as may be necessary, in Charter Parties executed abroad.
General ATOKEO,
Quarantine.
Fair wakes.
Members of
Parliament.
Discharging
Double der- Heks and
winches.
3
381
20. In the event of any mamber of the Crew being killed or injured as a result of warlike operations in which Grast 1 Britain is engaged, the Admiralty agree to settle any lawful claims arising from such death or injury according to the seals laid down in the Instructions for Masters of Collier and Oiler Transports, and the Owners shall be relieved of their liability under the Workman's Compensation Act, 1906, or other Acts in respect of such claims.
21. The Master shali prosecute his voyages with the utmost despatch and shall render all customary assistance with ship's 5 Crew and bosta.
22. The Master shall obey all orders and instractions which he may receive from the Admiralty, or from any Officer suthorised by them, and shall in all respects comply with the Instructions for Masters of Collier and Oiler Transports, but he shall be solely responsible (on behalf of the Owners) for the management, handling, and navigation of the steamer. He shall keep accounts of his cargosa as laid down in the above-named Instructions and the Admiralty hereby agree to indemnify the 10 Owner from all consequences or liabilities that may arise from the Mester signing Bills of Lading, as well as from suy irregularity in Ship's papers consequent thereon, except as laid down in clanse 27.
The Admiralty shall not be held responsible for losses sustained through the negligence of Pilots, Tag-boats, Stevedores, or others employed by them, the Owners recognising them as their servants even if appointed and paid by the Admiralty or the Agents of the Admiralty (but ass also clause 26).
23. If the Admiralty shall have reason to be dissatisfied with the conduct of the Master, Officers, or Engineers, the Owners shall, on receiving particulars of the complaint, investigate the same, and, if necessary, make a change in the appointments.
24. The Master shall be furnished, from time to time, by the Admiralty, with all requisite instructions and sailing directions in writing, and shall keep a full and correct Log of the voyage or voyages which is to be forwarded quarterly to the Admiralty. (See also clause 11.)
25. If from deficiency of man or stores, breakdown of machinery, or any other cause, the working of the steamer is at any time suspended for a period exceeding twelve running hours, pay shall cease for the whole of such and any subsequent period of whatever duration during which the vessel is inefficient. (Sea also clause 11.)
15
20
Any work that may be done during a period of partial ineffiniency of the steamer, except proceeding to a port for repairs or to replenish banker coale owing to accident shall be paid for on the basis of the time it would have occupied had the steamer 25 remained efficient. If upon the voyage her speed be reduced by a defect in or breakdown of any part of her machinery, damage to propeller, rudder or by any other mishap of ball or engines or cargo, the time so lost and the cost of any extra coal consumed in consequence thereof shall be deducted from the hire'; but should the steamer be driven into port or to anchorage by stress of weather or for coals, euch detention or loss of time shall be at the Admiralty expense. In the event, however, of breakdown at
sea or other accident necessitating the steamer proceeding to a port of refuge for repairs, or to replace or land crew, hire to 30 coses until the steamer arrives back in a similar position to that in which ale was at the time of the breakdown or accident, &c., and any coals used to be replaced or paid for by Owners, whichever Admiralty may slect.
If through accident any part of the cargo or bunkers have to be discharged, the time occupied in discharging and reloading same to be deducted from the hire.
Any time so lost shall count as part of the term of charter named in clauses 2 sad 7, but the Admiralty have the option of 35 keeping the steamer for an additional period equivalent to the whole or part of the time lost.
26. Throughout this Charter losses or damages whether in respect of goods carried or to be carried or in other respecta arising or occasioned by the following canses shall be absolutely excepted, viz. :-The act of God, perils of the seas, fire on board, in hulk, craft, or on shore, barratry of the Master or Crew, enemies, pirates, robbers, or thieves, arresta and restraints of princes, rulers, and peoples, collisions and strandings, explosions, burstings of boilers, breakage of shafta, or any latent defect, evan 40 if existing at the beginning of the voyage, in the ball, boilers, machinery, or appartenances, negligence, default, or error of judgment of the Pilot, Master, or Crew, or other servants of the Owners, in the management or navigation of the steamer,
27. Except as limited in clauses 25 and 43, the Owners will be held strictly accountable for the value of and liable to the Admiralty for any loss or damage to coal, oil fuel, collier and oil fuel outfits, signalling stores, &c., and all other Government stores of whatever description which may be shipped, whether as cargo or for use on board, in charge of the Master, who will be 45 required to sign Bill of Lading and/or give receipts for same, and will be responsible for receipta given or Bills of Lading sigued by the Matee for same.
The Owners will be held responsible for the sabe and proper stowage of Government stores. If hired labour is employed for stowage, the expanse will be borne by the Admiralty.
The stores will be shipped under the supervision of the Admiralty Officer or Agent at the port, but this will not relieve the 50 Owners of their responsibility for stowage,
28. The steamer has liberty to assist vessels in distress, and to deviate for the purpose of saving life.
All sairage to be for Owners' benefit, but ship to be deemed off pay during the time occupied in salvage operations, and cost of coal consumed in such operations and port charges and expenses to be for Owners' account.
29. The Admiralty to have lien on the steamer for all moneys paid in advance and not earned
30. Penalty for non-performance of this agreement proved damages.
55
31. Any dispute arising under this Charter shall be referred, under the provisions of the Arbitration Act, 1889, or any Amendment thereof, to the arbitration of two persons, one to be nominated by the Owners and the other by the Admiralty, and should such Arbitrators be unable to agree, the decision of an Umpire whom they must elect shall be final and binding upon both parties hereto, and it is further mutually agreed that such Arbitration shall be a condition precedent to the commencement of 50 any action at law.
32. General average shall be settled according to York-Antwerp Rules, 1890, but the Admiralty shall not be called upon to
■ign bonds or pay deposits, as Owners of British ships have no lien on Government stores and cannot detain them.
33. The steamer shall not be ordered nor proceed to any port where fever or pestilence is prevalent, nor where quarantine je in force (except at Admiralty risk and expense), but the Owners shall be liable for any delay of quarantine arising from sickness 65 of the Master or Crew, if the vessel has not been sent to a quarantined port.
34. The wages paid to Crew employed under this Charter Party shall be not less than those current at the port on the date of signing-on.
35. In pursuance of Act 22 Geo. III. Cap. XLV., no Member of the House of Commons is to be admitted to any share or part in this Charter or to any benefit to arise therefrom.
SPECIAL CLAUSES.-COLLIERS,
(Not applicable to Oilers)
36. Colliers must be supplied with the necessary derricks, winches, &c., complete with the required 24-inch wire whips and other ropes, blocks, and fittings for the speedy and efficient discharge of cargo.
70
In colliers fitted with double derricks and winches, the following gear for conling whips shall be provided for each pair of 75 darricks:-
Two flexible steel wire 2-inch ropes, each sufficiently long to reach any part of the hold, with either derrick topped over
the collier's bold and the other wwang over the vassal being coaled. In addition two spare whips for each pair of derricks should be carried.
Four iron blocks capable of taking 2-inch wire rope and tested to six tons, viz.:-One block at the heel of each derrick 80
and one (which should be self-lubricating) at the head.
One swivel cargo hook constructed so se not to catch the coamings, de,