613
PUBLIC RECORD OFFICE
། ། ། ། ། །
Reference :-
CO.885/25
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
.74
APPENDIX B.—AGREEMENTS AND CHARTER PARTIES.
11. The certificate of the Bombay Port Trust shall be conclusive evidence as to the quantity of the cargoes delivered to the Representatives (except ore and copper belonging to Messrs. Brandeis Goldschmidt and Company in the “ Damao "), and the Representatives undertake:—
(a) To insure the cargoes on the said vessels for a sum of £200,000 in the joint names of the Board and the Representatives against all marine and war risks during the voyages, but free of particular average absolutely, and against fire after discharge until sale or delivery.
(b) That all cargoes (except ore and copper belonging to Messrs. Brandeis Goldschmidt & Co. in the "Damao") be discharged at Bombay.
(c) That the said ore and copper remain in the "Damao" when that vessel is handed over by the Representatives to the Board or their nominees at Bombay.
(d) That the cargoes on the said vessels (except the said ore and copper) be held by the Representatives on the following terms, viz. :-
I-The Representatives will only deliver the said cargoes to persons to whom the Portuguese Government or Prize Court directs release or delivery. II.-The Representatives shall sell any cargo which the Portuguese Govern- ment or Prize Court directs to be sold at the best terms obtainable by public auction, unless the Portuguese Government directs to the con- trary, and account to the Board for the proceeds of sale, less the charges referred to in paragraph 7 (d) of the agreement mentioned in recital (g) as ascertained under that agreement, viz. :——
(i) Proportionate share of cost of voyage to Bombay, including hire and insurance of ships and cargo, and a commission of £250 in respect of each ship to Messrs. Grahams and Company for doing the ship's business, the Board having liberty, if they think it desirable, to aggregate the cost of both voyages and to treat the cargoes of both ships as one for the purposes of allocation.
(ii) Proportionate share of cost of fire insurance.
(iii) Warehouse and landing charges applicable to each lot of cargo. (iv) Proportion of expenses of sale, including a commission for the agents for sale at not more than two-and-a-half per cent. 12. The Representatives guarantee to the Board that all the terms of the undertaking given by His Majesty's Government to the Portuguese Government, and any decrees or orders of the said Portuguese Prize Court, shall be strictly observed and performed, and they hereby indemnify the Board against any liability, costs, charges, or expenses whatsoever which the Board may incur by reason of the non- observance or non-performance of any of the said terms or otherwise howsoever in consequence of or in connexion with the said undertaking or orders.
13. No alteration or variation in the terms of the said draft Agreement con- tained in the schedule hereto shall relieve the Representatives of any of their obliga- tions hereunder, provided that such alterations shall be submitted by the Board to the Representatives for their approval or ratification, but the Representatives shall not be entitled to withhold such approval or ratification unreasonably or arbitrarily. 14. Any dispute or difference whatsoever at any time arising between the Board and the Representatives shall be referred to the sole arbitration of William Walton, of Donnington Holt, Newbury, or (if he be dead or unable or unwilling to act) to a sole arbitrator, to be appointed by the Chairman of Lloyd's for the time being. The arbitration shall be held in London, and the arbitrator shall have power to call for, receive, and act upon any evidence or information (whether oral or documentary, and whether legally admissible as evidence or not) as he may consider necessary or relevant, and in conducting the arbitration and making his award he shall not be bound to follow the strict rules of procedure or evidence: Save as aforesaid the statutory provisions as to arbitration for the time being in force shall apply.
THE SCHEDULE ABOVE REFERRED TO:-
DRAFT AGREEMENT BETWEEN HIS MAJESTY'S GOVERNMENT AND THE PORTUGUESE
GOVERNMENT.
31
Steamships" Damao and "Pangim."
1. THE ships to be delivered to His Majesty's Government or their agents free of charge at Mormagao, with their cargoes on board, for removal to Bombay. 2. Any repairs which may be necessary to put the ships in a seaworthy con- dition for the voyage to Bombay to be carried out by His Majesty's Government at the expense of the Portuguese Government. Any repairs which may have to
APPENDIX B.--AGREEMENTS AND CHARTER PARTIES.
75
be made at Bombay, to fit the ship for the voyage to Europe, to be made on the
same terms.
3. Subject to the provisions of this agreement, the general agreement regard- ing the enemy ships seized in Portuguese ports and handed over to His Majesty's Government will come into operation so far as these ships are concerned as from the date of their leaving Mormagao, but no hire will be payable between the date of completion of discharge at Bombay and the date of the granting of the certificate of seaworthiness for Europe.
4. His Majesty's Government to be at liberty to send British officers and crews to Mormagao for the voyage to Bombay without the necessity of obtaining the authority required under Clause 7 of the general agreement.
5. His Majesty's Government to be responsible to the Portuguese Government for the cargo of the ships in accordance with the two next succeeding paragraphs. 6. The certificate of the Bombay Port Trust to be conclusive evidence as to the quantity, but not contents, condition, or description of the cargo, for which His Majesty's Government is responsible to the Portuguese Government (with the exception of the ore and copper in the "Damao," see 7 (b)), subject to any loss or damage recoverable under the policies of insurance.
7. His Majesty's Government undertake to deal with the cargo for which they are responsible under paragraph 5 as follows:-
(a) Cargoes on both ships to be insured for a total sum of £200,000 against all marine and war risks during voyage, but free of particular average absolutely, and against fire after discharge until sale or delivery, and in case of loss the liability of His Majesty's Government to be limited to this sum.
(b) All cargo, except the ore and copper belonging to Messrs. Brandeis Goldschmidt and Company in the "Damao," to be discharged at Bombay.
(c) The ore and copper to remain in the ship, if possible, during repairs, and be carried on to London at a rate of freight to be agreed with the time charterers. If this procedure proves impossible special arrangements will have to be made.
(d) The cargoes to be held by His Majesty's Government on following terms, viz. His Majesty's Government will only deliver to persons to whom Portuguese Government or Prize Court directs release or delivery. His Majesty's Government will sell any cargo which the Portuguese Government or Prize Court directs to be sold, at best terms obtainable, and account to Portuguese Government for proceeds of sale less the following charges, which will have to be deducted from the gross proceeds of sale:-
(i) Proportionate share of cost of voyage to Bombay, including hire and insurance of ships and cargo, and a commission of £250 in respect of each ship to Messrs. Grahams and Company for doing the ship's busi- His Majesty's Government shall have liberty, if they think it desirable, to aggregate the cost of both voyages, and to treat the cargoes of both ships as one for the purposes of allocation.
ness.
(ii) In the case of cargo forwarded to the United Kingdom for sale, freight
from Bombay to the United Kingdom.
(iii) Proportionate share of cost of fire insurance.
·
(iv) Warehouse and landing charges applicable to each lot of cargo. (v) Proportion of expenses of sale, including a commission for the agents
for sale at not more than two-and-a-half per cent.
8. His Majesty's Government to purchase from Portuguese Government, at price to be fixed by an independent valuer, all bunker coal, stores, and provisions which may be on board vessels at the time of delivery to His Majesty's Government or their agents, and which the valuer may certify fit for consumption. WITNESS to the signing hereof by
Messrs. Grahams and Company.
J. D. BOTTERELL,
Solicitor,
}
24, St. Mary Axe, E.C.
Signed by President of the Board of Trade. The seal of the Board having been duly affixed by his direction in the presence of
R. J. LISTER,
Librarian,
Board of Trade,
7, Whitehall Gardens.
GRAHAMS AND COMPANY.
A. H. STANLEY.
[Seal]
!
76
3463
APPENDIX B.—AGREEMENTS AND CHARTER parties.
(2)
s.s. “Apolda.”
FEDERAL STEAM NAVIGATION COMPANÝ, LIMITED.* MILLARS' TIMBER AND TRADING COMPANY, LIMITED, to THE
DEAR SIRS,
3.8. "Apolda" (tenth voyage).
Pinners' Hall. London, E.C., 30th April, 1917.
and charter-party of same date, for ninth voyage attached thereto. the same terms and conditions as set out in our letter † dated 24th October, 1916, shall fulfil another voyage, Durban to Western Australia and back to South Africa, on WE beg to confirm the arrangement agreed to between ns that this steamer
Yours truly,
MILLARS' TIMBER and Trading Company, Limited,
JOSEPH TEMPERLEY,
We confirm the above.
Joint Managing Director
FEDERAL STEAM Navigation COMPANY, LIMITED,
C. F. EDNEY, Secretary.
1st May, 1917.
† Page 105 of Miscellaneous No. 323. * Similar letters have passed in connexion with the eleventh and twelfth voyages.
Not reprinted.