PUBLIC RECORD OFFICE
19
Reference :-
C.O. 885
24 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
234
789/813
APPENDIX B.-AGREEMENTS AND CHARTER PARTIES.
No. 9.
AGREEMENTS WITH THE CHINA NAVIGATION COMPANY, LIMITED, FOR THE HIRE OF THE S.S. “RAJABURI ”/“ QUARTA.”
AN AGREEMENT made this 3rd/18th day of May 1915 between the COMMIS- SIONERS for executing the office of LORD HIGH ADMIRAL of the United Kingdom of Great Britain and Ireland for and on behalf of His Majesty (hereinafter called "the Admiralty") of the one part and THE CHINA NAVIGATION COMPANY LIMITED of 8 Billiter Square London E.C. (hereinafter called "the Charterers ") of the other part.
..
WHEREBY IT 18 AGREED as follows:-
soon as practicable procure the steamship. 1. The Admiralty will as
the vessel") now at Hong Kong/ "Rajaburi "/" Quarta" (hereinafter called Singapore to be registered as a British ship and painted in dry dock and certified by a competent surveyor to be mutually agreed upon as seaworthy and fit for service in the general trades of the Far East all at the expense of the Admiralty.
2. The Admiralty will demise and the Charterers will hire the vessel when so registered painted and certified on monthly hire from the date on which the vessel is placed at the disposal of the Charterers at Hong Kong/Singapore (which date if the Charterers so require shall not be earlier than fifteen days from the date hereof) for a period of six calendar months or until the date of the signature of a Treaty of Peace between Great Britain and Germany whichever shall be the shorter period. Such period is hereinafter called "the period of service."
3. The Charterers shall pay for the hire of the vessel in cash in advance monthly at the rate of £800/£400 per calendar month commencing on the date All such monthly. when the vessel is placed at the disposal of the Charterers. payments shall be made in London to the Assistant Paymaster General for Supreme Court business at the Royal Courts of Justice and if the Charterers shall make default in any payments the Admiralty may withdraw the vessel from the service but without prejudice to any claim against the Charterers under this Agreement or otherwise. Should the vessel be lost during the period of service any hire paid in advance and not earned (reckoning from the date of loss) shall be returned to the Charterers.
4. The Charterers shall employ the vessel only in lawful trade between safe ports in the Malay Peninsula Siam Indo-China China Hong Kong Japan Sumatra Philippines Java and Borneo and shall not allow her to enter any enemy port or territorial waters or to load or discharge or lie anywhere (unless in dry dock) except afloat.
5. The Charterers shall on demand pay to the Admiralty the cost of insuring the vessel during the period of service for the sum of £24,000/£9,500 against all the risks covered by an ordinary Lloyd's policy with Institute Clauses F.C. & S. warranty full R.D.C. and also against all Protection Indemnity Employers' Liability and Workmen's Compensation risks and the Admiralty shall effect such insurance and in so far as the same shall provide indemnity in respect of any damage or salvage or other claims for which the vessel or the Charterers may become liable to any third parties the Charterers shall be entitled to the benefit thereof. The Charterers shall not at any time do or suffer to be done anything whereby the said insurance would be vitiated or in any way affected. In the event of the vessel sustaining any damage which may be recoverable under the said insurance the Charterers shall cause the same to be repaired for account of the Admiralty and shall furnish to the Admiralty an average statement with all usual particulars and documents showing the claim against the insurers in respect of such damage and the Admiralty shall thereupon present the claim to the insurers and pay over to the Charterers the moneys received from the insurers in settlement thereof less the insurance brokers' usual collecting commission.
6. The Charterers shall keep the vessel in good repair and condition through out the period of service and at the expiry thereof shall redeliver her to the Admiralty at Hong Kong/Singapore in the same condition and state of repair as any 1088 she is in at the commencement of the period of service fair wear and tear and or damage recoverable under the said insurance or which but for the F. C. & S. warranty would have been recoverable thereunder always excepted.
APPENDIX B.-AGREEMENTS AND CHARTER PARTIES.
235
7. The Admiralty shall have a lien upon all cargoes and sub-freights for any freights due under this Agreement.
8. The Charterers and the Admiralty respectively shall take over and pay for (at fair Hong Kong/Singapore prices to be mutually agreed or failing agreement fixed by an independent valuer) all bunker coals provisions and stores which may be on board the vessel at the commencement and expiry respectively of the period of service.
9. All derelicts and salvages shall be for the Charterers' sole benefit. 10. Subject as herein before expressly provided the vessel shall during the period of service be at the absolute disposal and under the complete control and at the sole risk and expense of the Charterers.
12.
11. The Charterers shall not sub-demise the vessel except to a substantial British subject carrying on business in the United Kingdom and previously approved by the Admiralty and notwithstanding any such sub-demise the Charterers shall remain responsible to the Admiralty for the fulfilment of all the provisions of this Agreement.
All communications by the Charterers to the Admiralty shall be addressed to the Secretary Oversea Prize Disposal Committee Colonial Office London S.W.
13. This Agreement is conditional upon the vessel being placed at the disposal of the Charterers at Hong Kong/Singapore as aforesaid within one calendar month from the date hereof and if from any cause whatsoever this condition shall not be fulfilled then either of the parties shall be at liberty to rescind this Agreement by giving notice thereof in writing to the other party within fifteen days after the expiry of the said one calendar month but such rescission shall not entitle either of the parties to any compensation or damages whatsoever against the other party.
14. Any difference whatsoever at any time arising between the Admiralty and the Charterers shall be referred to the sole arbitration in England of William Walton of Donnington Holt Newbury Esquire or if he be dead or unable or unwilling to act then a sole Arbitrator to be nominated by the Chairman of Lloyd's for the time being The Arbitrator shall have power to call for receive and act upon any evidence or information (whether oral or documentary and whether legally admis- sible as evidence or not) which he may consider necessary or relevant and in conducting the arbitration and making his award 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. Witness to the signature of John Swire
and Sons Limited
H. J. JOHNSON
101 Leadenhall Street EC.
Solicitor.
Signed by Vice-Admiral Sir Frederick T. Hamilton K.C.B. C.V.O. and the Right Honourable Sir Francis J. S. Hopwood G.C.M.G. K.C.B. two of the Commissioners for executing the office of Lord High Admiral of the United Kingdom of Great Britain and Ireland in the presence of
CECIL PERHAM
691
Admiralty
Civil Servant.
No. 10.
[Seal]
CHINA NAVIGATION COMPANY
LIMITED.
JOHN SWIRE & SONS LIMITED
F. T. HAMILTON, F. J. S. HOPWOOD.
Managers.
11
AGREEMENT WITH THE HONG KONG AND SHANGHAI BANKING
CORPORATION FOR THE NAVIGATION OF THE S.S. "ISTRIA
TO THE UNITED KINGDOM.
AN AGREEMENT made the 4th day of May 1915, between THE COMMISSIONERS for executing the office of Lord High Admiral of the United Kingdom of Great Britain and Ireland (hereinafter called "the Admiralty") of the one part and