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PUBLIC RECORD OFFICE

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C.O.

Reference

885/25

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

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APPENDIX B.-AGREEMENTS AND CHARTER PARTIES.

the said

(c) The "Pangim" and the "Damao" (hereinafter referred to as vessels") have been seized and taken in Mormagao as prize of war by the Portuguese Government;

(a) The said vessels and their cargoes are waiting adjudication in the Portuguese Prize Court;

(e) The Representatives, being desirous that the cargoes of these vessels should be carried on in the said vessels to Bombay without transhipment or breaking bulk, have requested the Board to obtain the consent of the Portuguese Government to the said vessels being placed at the disposal of the Representatives for that purpose, and to the Representatives receiving permission to arrange, at their own expense and risk, for the removal of the said vessels and the cargoes from the said Prize Court, and for the navigation of the said vessels from Mormagao to Bombay and for delivery of the cargoes there;

(f) In pursuance of the said request, the Board have recommended to His Majesty's Government that His Majesty's Government should, for account of the Board, endeavour to arrange with the Portuguese Government that the said vessels and their cargoes should be placed at the disposal of His Majesty's Government for, inter alia, the purposes aforesaid;

(9) His Majesty's Government have accordingly requested the Portuguese Government to enter into an agreement with His Majesty's Government on the terms of the draft Agreement contained in the schedule hereto, which said Agreement has been prepared with the privity and approval of the Representatives;

(A) It has been agreed between the Board and the Representatives that when the said vessels and their cargoes shall be placed at the disposal of His Majesty's Government or their nominees for the purposes aforesaid, the Board shall permit the Representatives, at their own expense and risk, and upon the terms herein. after more particularly mentioned, to navigate the said vessels to Bombay and deliver cargoes there;

NOW IT IS HEREBY AGREED as follows:-

1. As and when the said vessels and their cargoes shall be placed by the Portuguese Government at the disposal of His Majesty's Government or its nominees for the purposes, inter alia, of the said vessels being__navigated from Mormagao to Bombay and their cargoes discharged there, the Board will place the said vessels and their cargoes at the disposal of the Representatives for the purposes aforesaid.

2. Neither the Board nor His Majesty's Government shall be under any liability whatsoever in respect of the navigation of the said vessels from Mormagao to Bombay or the conveyance or delivery of the cargoes or of any arrangements therefor, but such navigation, conveyance, delivery, and arrangements shall be entirely at the risk and expense of the Representatives, who hereby undertake to indemnify the Board and His Majesty's Government against all claims, of what kind soever, which may at any time be made against them, or any of them, or against the said vessels, by the owners or shippers or receivers of the cargoes or any of them, or by any other persons whomsoever in respect of the cargoes or the conveyance or delivery thereof, or in respect of the navigation of the said vessels; or in respect of any such arrangements as aforesaid.

3. Neither the Board nor His Majesty's Government warrant the seaworthiness of the said vessels at the commencement or at any period of the voyage, or assume any liability whatsoever for unseaworthiness (whenever and however caused) or for the negligence, default, or error of judgment of themselves or of any other person whomsoever.

4. The engagement of competent and sufficient masters, officers, engineers, and crew for the voyages, their wages, and provisions, the supplying of all coals and stores, all pilotages, towages, dues, and charges of every description, and generally all expenses whatsoever of, and incidental to, the voyages, including any hire payable to the Portuguese Government by His Majesty's Government under the agreement referred to in recital (g), and also of all arrangements for, and expenses of and incidental to obtaining the leave of the Portuguese Government or of the said Prize Court for the removal of the said vessels and their cargoes from their jurisdiction, shall be undertaken and paid by the Representatives, and neither the Board nor His Majesty's Government shall under any circumstances be deemed to have assumed any responsibility or liability in connexion therewith.

5. The Representatives shall purchase from the Board, at the price fixed under the agreement referred to in recital (g), all bunker coals, stores, and pro- visions certified fit for consumption under that agreement, which may be on board

APPENDIX B.-AGREEMENTS AND CHARTER PARTIES.

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the said vessels at the time of their being placed at the disposal of the Represen- tatives as aforesaid, and, on redelivery to the Board of the said vessels at Bombay, as hereinafter provided, the latter shall take over and pay for all coals and uncon- sumed stores, the value thereof to be ascertained as above provided.

6. Should the leave of the Portuguese Government or of the said Prize Court for the removal of the said vessels and their cargoes from their jurisdiction and for the despatch of the said vessels from Mormagao be not obtained within three calendar months from the date hereof, or should the Representatives fail to despatch the said vessels on their said voyages within six weeks from the date when the Representatives shall have been notified that the said vessels have been placed at their disposal for the purposes aforesaid, then the Board shall have the option of rescinding this Agreement by giving to the Representatives fifteen days previous written notice thereof, and thereupon the same shall become alto- gether null and void, except that the Representatives shall indemnify the Board against all costs. charges, and expenses whatsoever reasonably incurred by the Board in connexion therewith and with the performance thereof up to the date of such rescission.

7. The Representatives shall, at their own expense, insure the said vessels for a sum of £20 per gross ton so valued (at and from Mormagao, and at all times during the voyages to Bombay, and whilst there, and until their redelivery to the Board at Bombay, as hereinafter provided), against all the risks covered by an ordinary marine insurance policy on hull, machinery, etc., for time or voyage, against the risk of total or constructive total loss only, but including general average, salvage charges, and full collision clause, including damage to stationary objects, and also against war risks. And the Representatives shall also fully insure the said vessels and the Board against all Employers' Liability and Workmen's Compensa- tion risks at and from Mormagao, and at all times until their redelivery to the Board at Bombay, as hereinafter provided. And, subject as hereinafter men- tioned, the insurances referred to in this Article and Article 11 (a) hereof shall be effected in the name of the Board or its nominees with approved British com- panies and/or Lloyd's underwriters, and the Representatives shall deliver the policies to the Board before the sailing of the said vessels from Mormagao.

8. The Representatives agree to defray all expenses whatsoever which the Board may reasonably incur in connexion with the premises (but not including the cost of any repairs or alterations or additions to the hull, machinery, and equip- ment of the said vessels), and a statement or account of such expenses shall

Board to be rendered by the

the Representatives as soon as

may be after the redelivery of the said vessels to the Board at Bombay, as hereinafter pro- vided. In particular (but without prejudice to the generality of the foregoing) such expenses shall include all legal and other expenses incurred by the Board in the negotiation, preparation, approval, printing, and execution of this Agreement and of any Agreement concluded between His Majesty's Government and the Portuguese Government in any way relating to the said vessels, and the cost of all telegrams despatched by any Department of His Majesty's Government or His Britannic Majesty's diplomatic and consular representatives in connexion therewith. 9. The Representatives shall procure the voyages to be prosecuted and the discharge of the cargoes at Bombay to be completed with all reasonable despatch, and shall not allow the said vessels to enter any neutral or enemy port or territorial waters (unless it shall become necessary to do so for the safety of the said vessels or cargoes), or do, or suffer to be done, anything whereby the said insurances may be in any way vitiated or avoided, and after completion of the discharge of the cargoes at Bombay they shall forthwith redeliver the said vessels there to the Board Provided that, unless the Representatives shall have allowed, or done, or suffered anything as aforesaid, they shall not be responsible to the Board for any loss of or damage to the said vessels which may be recoverable by the Board under the said insurances, nor for any other loss, damage, or expenses which may be so recoverable.

10. Subject to the provisions of the next suoceeding clause, the Representa- tives shall be entitled to charge the owners and/or receivers of the cargoes with such freights or other remuneration as they may themselves arrange with such owners and/or receivers and to collect and retain all such freights or other remuneration for their own use, and the Board shall not have or make any claim in respect of freight against the Representatives or the owners or receivers of the cargoes.