PUBLIC RECORD OFFICE
Reference :-
TELEC.O. 882
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PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—-NOT TO
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No. 350.
MESSRS. SUTTON, OMMANNEY, AND RENDALL to COLONIAL OFFICE.
(Received July 6, 1908.)
3 and 4, Great Winchester Street, London, E.C., July 6, 1906.
Straits Settlements.
Tanjong Pagar Dock Company, Limited.
We have to inform you that both Messrs. Druces and Attlee and ourselves yesterday received a letter from Lord St. Aldwyn stating that he had signed the award in this arbitration, and that the same would be delivered upon payment of the sum of £2,875, the balance of the fee agreed to be paid to him as Umpire.
It appears that immediately on receipt of this letter, Messrs. Druces and Attlee, as they were entitled to do, paid this fee, and took up the award. We have applied to Messrs. Druces and Attlee for a copy of the award, which we will send you as soon as we receive it.
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We have, &c.,
SUTTON, OMMANNEY, AND RENDALL.
No. 351.
MESSRS. SUTTON, OMMANNEY, AND RENDALL to COLONIAL OFFICE. (Received July 7, 1906.)
SIR,
3 and 4, Great Winchester Street, London, E.C., July 6, 1906.
Straits Settlements.
Tanjong Pagar Dock Company, Limited.
*
IN reference to our letter to you to-day, we hand you three proof prints of Lord St. Aldwyn's award which, we are informed, have been examined with the original award.
We have, &c.,
SUTTON, OMMANNEY, AND RENDALL,
Enclosure in No. 351.
In the Matter of an Arbitration between THE TANJONG PAGAR DOCK COMPANY, LIMITED, and THE GOVERNMENT OF THE COLONY OF THE STRAITS SETTLEMENTS.
To all to whom these Presents shall come, I, the Right Honorable MICHAEL EDWARD VISCOUNT ST. ALDWYN, send greeting:
Whereas by "The Tanjong Pagar Dock Ordinance 1905" (being an Ordinance enacted by the Governor of the Straits Settlements with the advice and consent of the Legislative Council thereof on the seventh day of April One thousand nine hundred and five) it was amongst other things enacted as follows, namely:
It should be lawful for the Governor by writing under his hand addressed to the Managing Director of the Tanjong Pagar Dock Company (therein and herein- after called "the Company ") to give notice that it was his intention to take over the undertaking of the Company on a date to be stated in the said writing and from and after such date thereinafter called the appointed date the undertaking of the Company in the Colony should be vested in the Government (section 3).
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There should be paid out of the funds of the Colony to the Company compensa- tion for the taking over of the undertaking of the Company and it should be lawful for the Directors of the Company to agree with the Government as to the sum to be paid as compensation for the taking over of the undertaking of the Company and if the Directors of the Company should fail to agree with the Government as to the sum to be paid as compensation for the taking over of the undertaking of the Com- pany the sum to be so paid should be determined by arbitration (section 10).
For the purpose of the arbitration a Court should be constituted in the manner following that was to say (A) Unless the Government and the Company should concur in the appointment of a single Arbitrator they should each of thêm nominate and appoint an Arbitrator. (c) If more than one Arbitrator should have been. appointed such Arbitrators should before they enter upon the matters referred to them nominate and appoint by writing under their hands an Umpire to decide on any such matters on which they should differ. (G) The decision of the Umpire on the matter on which the Arbitrators should differ should be final (scetion 11),
In the event of no agreement being arrived at by mutual consent within three months from the appointed date the Court should be constituted as soon thereafter as conveniently might be (section 12).
And whereas it was by the said Ordinance further enacted that in the events which have happened the Court should decide whether the whole or any part of the compensation to be paid to servants or officers including directors of the Com- pany should be payable by the Government (section 4) and that the Court should make such allowance as it thinks just for the recoupment of any loss of interest pending re-investment as well as for the cost of re-investment (section 14) And that the Court should in its Award allow such sum as might appear reasonable to cover the costs charges and expenses of liquidation (section 15).
And whereas the said Governor by writing under his hand duly gave potice that it was his intention to take over the undertaking of the Company on the First day of July One thousand nine hundred and five which last-mentioned day there- upon became the appointed date.
And whereas no agreement was arrived at by mutual consent as provided for in section 10 of the said Ordinance within three months from the appointed date.
And whereas the Governor and the Company did not concur in the appoint- ment of a single Arbitrator but each of them nominated and appointed an Arbitrator namely Sir Edward Boyle of 1 King's Bench Walk Temple Baronet K.C. was appointed by the Company and James Charles Inglis of Paddington Station London General Manager of the Great Western Railway Company by the Government.
And whereas the said Arbitrators before they entered upon the matters referred to them did by writing under their hands duly nominate and appoint me the said Michael Edward Viscount St. Aldwyn (in such writing described by my then name of Sir Michael Hicks Beach Baronet) to be the Umpire to decide on any such matters on which they should differ.
And whereas by the consent of the Government and of the Company the Arbi- trators and I sat together for the purpose of hearing Counsel for the parties and taking evidence and the said Arbitrators not having agreed upon an Award the matters so referred as aforesaid stood referred to me.
And whereas by an agreement in writing dated the Twenty-fifth day of October one thousand nine hundred and five it was agreed between the Government and the Company that the sum of Thirty-seven thousand eight hundred and sixty-five dollars ($37,865) should be allowed for the costs charges and expenses of the liquidation.
Now know ye that I the said Michael Edward Viscount St. Aldwyn having taken upon myself the burden of the said reference and umpirage and having heard examined and considered the allegations witnesses and evidence of both the said parties concerning the premises and having had regard to the provisions of the said Ordinance and having done and performed all things necessary to enable me to make a valid award of and concerning the same hereby make and publish this my Award as follows that is to say:
1. I award and determine that the sum to be paid by the Government to the Company as compensation for the taking over of the undertaking of the Company shall be the sum of Twenty-seven millions nine hundred and twenty-nine thousand one hundred and seventy-seven dollars ($27,929,177) inclusive of the sum of Three hundred and fifty-one thousand three hundred and fifty-four Dollars 31 Cents ($351,354.31) for Nine hundred and seven thousand five hundred and thirty-two
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