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
240
1161
APPENDIX B.-AGREEMENTS AND CHARTER PARTIES.
(5)
MESSRS. ELDER DEMPSTER AND COMPANY, LIMITED, to OVERSEA PRIZE DISPOSAL COMMITTEE.
DEAR SIR,
4. St. Mary Axe, London, E.C., 23rd July, 1915.
Marina."
8.5.
WE are advised by cable from Lagos that the repairs to this steamer were completed on the 19th July, and that she commenced to load on our account on the same day, from which date therefore we shall be prepared to pay hire money.
We are, &c., ELDER DEMPSTER AND COMPANY, LIMITED,
per H. G. CRELLIN.
T. H. Holt, Esq.,
Oversea Prize Disposal Committee,
1161
13, Great St. Helens, E.C.
(6)
OVERSEA PRIZE DISPOSAL COMMITTEE to MESSRS. ELDER DEMPSTER AND COMPANY, LIMITED.
GENTLEMEN,
8.5. "Marina."
Downing Street, 27th July, 1915.
I AM directed by the Oversea Prize Disposal Committee to acknowledge the receipt of your letter of the 23rd July, reporting that the repairs to this steamer were completed on the 19th July.
780
No. 12 (a).
I am, &c.,
R. A. WISEMAN.
AGREEMENT WITH MANAGERS OF STEAMSHIPS EMPLOYED IN BRITISH COASTWISE TRADE.
AN AGREEMENT made the 1st day of January 1915 BETWEEN THE COMMIS- BIONERS 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 HARRY POORE EVERETT of Exchange Buildings Quayside Newcastle-upon-Tyne Shipbroker and EDWARD RICHMOND NEWBIGIN of Mansion House Chambers The Close Newcastle-upon-Tyne Shipbroker WHEREAS the (hereinafter called "the Joint Managers") of the other part. Admiralty consider it expedient that certain enemy steamships which are being detained during the present war should be temporarily employed in British Coast- wise Trade and it has been arranged that the Joint Managers shall act as Managers thereof upon the terms and conditions hereinafter expressed : Now IT IS Hereby agreED as follows:-
1. THE Admiralty hereby engage the Joint Managers and the latter hereby agree to act as Managers of the several steamships specified in the Schedule hereto and of any others which may from time to time hereafter by the direction of the Admiralty be added to the said Schedule (all which steamships are hereinafter collectively referred to as "the vessels "). Subject nevertheless to determination by notice as hereinafter provided.
2. THE vessels shall be requisitioned by the Admiralty and registered by them As soon as any vessel as Government ships as and when they shall think proper. is so registered the Admiralty shall give notice of such registration to the Joint Managers who shall thereupon as soon as possible survey dock clean store and man the vessel and offer her for charter on the Newcastle-on-Tyne Exchange or elsewhere in the customary manner of the trade. Subject to any express directions by the Admiralty to the contrary no offer shall be accepted except for British Coast- wise Trade and preference shall be given to the London Coal Trade and the vessels distributed as fairly as possible among the different classes of consumers.
APPENDIX B.-AGREEMENTS AND CHARTER PARTIES.
241
3. SUBJECT in all respects to the control and directions of the Admiralty the Joint Managers shall have the sole management of the vessels in all matters relating to their employment with full power to make or cancel any chartering arrangements and to engage and dismiss such persons as they may think fit as masters officers and crews for the vessels and to make adjust apportion or settle at discretion or refer to arbitration any claims in favour of or against the vessels and to receive payment and obtain delivery of all moneys and securities receivable and to pay all sums payable in respect of the vessels and generally to perform all other duties usually performed by managers of steamships.
4. For the purposes of such management the Joint Managers shall provide and maintain a proper office in Newcastle-on-Tyne and the expenses of such office (including all rent rates taxes lighting heating furnishing books paper stationery salaries and wages of a sufficient staff postages telegrams telephone installations local and trunk calls and all other usual and proper expenses but not including travelling expenses of the Joint Managers or staff or the remuneration or travelling expenses of any specialists whose employment may be expressly ordered or sanc- tioned by the Admiralty) shall be borne and defrayed by the Joint Managers. Save as aforesaid all expenses properly incurred by the Joint Managers in respect of the vessels shall be chargeable against the vessels and be borne by the Admiralty who will keep the Joint Managers in such funds (if any) as they (the Admiralty) may from time to time think necessary for the purpose. The Admiralty shall be entitled to all earnings freights discounts brokerages commissions and other sums whatsoever received or allowed in respect of the vessels and the Joint Managers shall account for the same accordingly.
5. THE Joint Managers shall keep all proper books of account in such form that the accounts of each vessel shall be distinct and separate from the accounts of any other vessel and the Admiralty or any person authorised by them shall at all times have free access to all books vouchers documents papers and other records relating to the vessels and to the management thereof and the Joint Managers shall produce the same for the purpose either in Newcastle-on-Tyne or in London as the Admiralty may from time to time direct.
6. A BANKING account shall be opened in the name of the "Admiralty Coasting Trade Office "with the Newcastle-on-Tyne Branch of the Bank of England through which all monies receivable and payable in respect of the vessels shall be passed and in the absence of any directions by the Admiralty to the con- trary (but subject to any such directions if given) such banking account may be operated upon by the Joint Managers jointly and severally.
7. To meet the expenses of the Newcastle-on-Tyne Office as defined in Clause 4 hereof the Joint Managers shall be entitled to a fixed allowance at the rate of £100 per annum for each vessel so long as it is employed hereunder and until the expiry of thirty days after the completion of its last voyage or of forty-two days after notice by the Admiralty of its withdrawal under Clause 13 hereof whichever shall be the longer period. Such allowance shall be computed and payable in respect of each vessel separately as from the date inserted against the vessel's name in the Schedule hereto.
8. As remuneration for their personal services the Joint Managers shall be entitled to a commission at the rate of 7 per cent. on the net profits actually realized but so that such remuneration for any one year computed from the 8th January or (if the determination of this Agreement shall take place during the currency of any year computed as aforesaid) for the completed portion of such year shall not in any case (whatever may be the amount of the net profits) exceed £5,000,
9. PRO RATA payments in respect of the said fixed allowance and up to £5,000 per annum on account of the said commission may be claimed by the Joint Managers at any time or times not less than one month after the same shall have been actually earned. But all such claims shall be submitted to the Admiralty before being paid or allowed and if when the net profits have been ascertained any sum or sums so paid or allowed to the Joint Managers shall prove to be in excess of the sum payable to them they shall on demand refund to the Admiralty the amount of such excess.
10. FOR the purpose of ascertaining the net profits actually realized there shall be brought into the account on the credit side all sums directly or indirectly received in respect of the vessels (including in particular but without prejudice
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