CO885-24 — Page 273

PUBLIC RECORD OFFICE

سالسا

19

Reference :-

C.O. 885

24 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO

216

APPENDIX B.-AGREEMENTS AND CHARTER PARTIES.

borne by the Representatives shall be credited to the Representatives in the said account it being the intention of this Agreement that the Representatives in respect of the said expenses shall have the benefit of any such policies. The Representatives shall also be credited in the said account with any contribution in general average which may become due from the cargo in respect of the said expenses and be received by or allowed to the Admiralty or the contractor or the owner.

8 The liability of the Representatives to defray the said expenses generally or specifically mentioned in Clause 7 hereof shall be limited to the sum of £12,000 which sum the Representatives shall pay into the hands of the Admiralty concur- rently with the signature of this Agreement. If the total of the said expenses when ascertained shall prove to be less than £12,000 the difference between such total and £12,000 shall be repaid by the Admiralty to the Representatives. Provided that if the voyage to Boston and/or New York be completed the Admiralty shall in any event be entitled to retain out of the £12,000 a sum equivalent to the aggregate of the freights on any goods delivered at Boston and/or New York which would have been payable on such delivery under the said bills of lading of the Hansa Line less such a sum as may fairly represent any portion of such freights attributable to the conveyance to destinations beyond Boston or New York of any cargo originally shipped under through bills of lading from India or Ceylon to such ulterior destinations.

9. The Representatives shall be entitled to charge the owners and/or receivers of the said cargo with freight at such rates as they may arrange with the said owners and/or receivers respectively and to collect and retain all such freights for their own use and neither the Admiralty nor the contractor nor the owner shall have or make any claim in respect of freight against the Representatives or the shippers or receivers or owners of the cargo. And the Representatives hereby jointly and severally agree to indemnify the Admiralty and the contractor and the owner against any claim either in personam or in rem made by any person in any Court of the United States of America or elsewhere in respect of any of such freights.

10. Any dispute whatsoever between the Admiralty 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 England and the Arbitrator shall have power to call for receive and act upon any such 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 in England shall apply.

A. A. HARGREAVES

F. H. CAREY

G. A. HENDERSON

WILLIAM KING WEBSTER

Signed by the above-named Alfred Arthur Hargreaves, Francis Har- wood Carey, George Ashton Hender- son, and William King Webster in the presence of

F. C. GREANEY,

Clerk to Messrs. Parker,

Garrett & Company

Solicitors,

St. Michael's Rectory,

Cornhill, E.C.

F. T. HAMILTON CECIL LAMBERT

Vice-

Signed by the above-named

Admiral Sir Frederick Tower Hamil- ton, K.C.B., C.V.O., and Commodore Cecil Foley Lambert, two of the Com- missioners for executing the office of Lord High Admiral in the presence

W. J. EVANS,

Principal Clerk,

Admiralty,

of

127

DRAFT

APPENDIX B.-AGREEMENTS AND CHARTER PARTIES.

OF

No. 1 (b).

WITH

THE

217

UNION

FORM

POLICY

COMMERCIAL ASSURANCE COMPANY, LIMITED, INDEMNIFYING THE ADMIRALTY IN ACCORDANCE WITH CLAUSE 2 OF THE AGREEMENT WITH THE REPRESENTATIVES OF THE OWNers of Cargo ON THE STEAMSHIP "SCHNEEFELS."

WHEREAS COMPANY LIMITED that

represented to the COMMERCIAL UNION ASSURANCE interested in or duly authorized as Owner Agent or otherwise to make the Insurance hereinafter mentioned and described with the COMMERCIAL UNION ASSURANCE COMPANY LIMITED.

NOW THIS POLICY OF INSURANCE WITNESSETH that in consideration of the premises and of the sum of

paid by the said ASSURED

per cent. to the said Company by way of premium at and after the rate of for such Insurance the said COMMERCIAL UNION ASSURANCE COMPANY LIMITED do covenant with the said ASSURED that the said Company shall be subject and liable to pay and make good all such losses and damages hereinafter expressed as may happen to the subject matter of this Policy and may attach to this Policy in respect of the sum of

Pounds hereby insured which Insurance

is hereby declared to be an indemnity to the Admiralty and to the contractor with the Admiralty for the navigation of the steamship or vessel "Schneefels" with her cargo from Gibraltar to Boston and New York and to the owner for the time being of the said vessel and to the Proper Officer and Marshal of the Prize Court at Gibraltar against all claims of what kind soever which may be at any time made against them or any of them or against the said vessel by the owners or receivers of the said cargo or any of them or by any other person whomsoever in respect of the said cargo or any part thereof or the conveyance thereof from Gibraltar to Boston and New York or the delivery thereof at those ports.

on behalf of the COMMERCIAL

Signed this

day of

UNION ASSURANCE COMPANY, LIMITED.

191

NOTE. The policies concluded, six in all, and totalling £100,000, are with the following Assurance Companies, and for the amounts indicated:—

Date.

No.

78375 14th January

16246 15th

1889 20th

1261

14th

1284

18th

169597

14th

Company.

Amount.

London Assurance

£10,000

The Marine Insurance Com-

pany, Limited

£10,000

Cornmercial Union Assurance

Company, Limited

£35,000

Commercial Union Assurance

Company, Limited

£20,000

Royal Exchange Assurance...

£10,000

The Union Marine Insurance

Company, Limited

£15,000

The several policies vary in form with the different Companies, but all contain the clause commencing with the words" an indemnity to the Admiralty

"' and ending with the words

"at those porte "; but in the case of the last three the words "or the conveyance thereof are omitted from this clause.

148

London.

No. 1 (c),

AGREEMENT WITH THE CONTRACTOR FOR THE NAVIGATION OF THE S.S. "SCHNEEFELS."

SIR,

17, St. Helen's Place, London, E.C., 18th January, 1915. We agree to insure and navigate the "Schneefels" on the basis and terms of accompanying memorandum, from Gibraltar direct to Boston and New York (in