CO885-24 — Page 277

PUBLIC RECORD OFFICE

سيسيا

Reference →→

C.O. 885

24 PUBLIC RECORD OFFICE, LONDON

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

224

APPENDIX B.-AGREEMENTS AND CHARTER PARTIES.

8. It is understood that, in order to provide the funds necessary for the dis- bursements of the vessels, we shall from time to time make advances on account of freight (subject to the deduction for interest and insurance stipulated in the charters), the money being provided in London or at other ports as and when required by you. In the event of the disbursements on any voyage being in excess of the amount which you can call upon us to advance under the charter party for that voyage, it is understood that we shall, if and when required by you, make you advances up to the full amount of the disbursements.

Yours, &c.,

MILLARS' TIMBER AND TRADING

COMPANY, LIMITED,

JOSEPH TEMPERLEY, Joint Managing Director.

Messrs. The Federal Steam Navigation

Company, Limited,

2, Fenchurch Avenue, London, E.C.

We confirm the above-

FEDERAL STEAm Navigation COMPANY, LIMITED,

ALLAN HUGHES, Chairman.

493/598

No. 5.

AGREEMENT WITH THE REPRESENTATIVES FOR THE NAVIGATION OF THE S.S. "GUTENFELS "/" BARENFELS" TO [BOMBAY AND KARACHI] [CALCUTTA].

An Agreement made the [25th day of March] [15th day of April] 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 the firms of GRAHAMS & COMPANY of 5 Bishopsgate London E.C. and J. H. WACKERBARTH & COMPANY of 268 Billiter Buildings London E.C. as well on their own behalf as on behalf of the owners of the cargo now laden on board the the Representatives") of steamship "Gutenfels "/" Baren fels " (hereinafter called the other part.

WHEREAS the "Gutenfels "/" Baren fels" (hereinafter called "the vessel ") being then owned by the Hansa Line of Bremen in Germany and being then on a voyage from Hamburg [and Antwerp to Bombay and Karachi] [to Calcutta] with a general cargo was with her cargo captured and brought as prize into Alexandria by a British warship on or about the 17th October 1914 and is detained there.

AND WHEREAS the vessel has been sentenced to detention during the period of the war and part of her cargo is waiting adjudication in the Prize Court at Alexandria.

And whereas the Representatives desire that the cargo shall be carried on in the vessel to [Bombay and Karachi] [Calcutta] without transhipment or breaking bulk and the Admiralty at the request of the Representatives are willing upon the terms and conditions hereinafter mentioned to place the vessel at the disposal of the Representatives for that purpose and to allow the Representatives to arrange at their own expense and risk for the navigation of the vessel from Alexandria to [Bombay and Karachi] [Calcutta] and for the delivery of the cargo [at those ports] [there]. AND WHEREAS on [the 5th] [or about the 17th] day of March 1915 the said Prize Court made an order permitting the Admiralty to cause the cargo to be removed out of its jurisdiction and dealt with in the manner in the said Order mentioned upon a certain undertaking being given by His Majesty's Procurator on behalf of the Admiralty.

NOW IT IS HEREBY AGREED as follows:-

1. The Admiralty will procure the vessel to be as soon as practicable regis- tered as a Government ship and will place her when so registered at the disposal of the Representatives for the purposes aforesaid.

2. The Admiralty shall be under no liability whatsoever in respect of the navigation of the vessel or the conveyance or delivery of the cargo or of any arrange- ments therefor but such navigation conveyance delivery and arrangements shall be entirely at the risk and expense of the Representatives who hereby jointly and severally undertake to indemnify the Admiralty and the Proper Officer and the Marshal of the said Prize Court against all claims of what kind soever which may at any time be made against them or any of them or against the vessel by the owners

APPENDIX B.-AGREEMENTS AND CHARTER PARTIES.

225

or shippers or receivers of the cargo or any of them or by any other persons whom- soever in respect of the cargo or the conveyance or delivery thereof or in respect of the navigation of the vessel or in respect of any such arrangements as aforesaid.

3. The Admiralty do not warrant the seaworthiness of the vessel 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 master officers engineers and crew for the voyage their wages and provisions the supplying of all coals and stores all pilotages towages Suez Canal dues and other dues and charges of every descrip- tion and generally all expenses whatsoever of and incidental to the voyage and also all arrangements for and expenses of and incidental to obtaining the leave of the said Prize Court for the removal of the cargo from its jurisdiction shall be under- taken and paid by the Representatives and the Admiralty shall not under any cir- cumstances be deemed to have assumed any responsibility or liability in connexion therewith.

5. The Representatives shall purchase from the Admiralty at a price to be agreed or (failing agreement) fixed by an independent valuer all bunker coals stores and provisions which may be on board the vessel at the time of her being placed at the disposal of the Representatives as aforesaid and on redelivery to the Admiralty of the vessel at [Karachi] [Calcutta as hereinafter provided] the latter shall take over and pay for all coals and unconsumed stores the value thereof to be ascertained as above provided.

6. Should the Representatives fail to obtain the leave of the said Prize Court for the removal of the cargo from its jurisdiction and to despatch the vessel from Alexandria before the expiry of six weeks from the date when the vessel's registra- tion as a Government ship shall have been notified to the Representatives then the Admiralty shall have the option of rescinding this Agreement by giving to the Repre sentatives fifteen days previous written notice thereof and thereupon the same shall become altogether null and void except that the Representatives shall indemnify the Admiralty against all costs charges and expenses whatsoever reasonably incurred by the Admiralty 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 vessel for the sum of £75,000/£55,000 so valued (at and from Alexandria and at all times during the voyage to [Bombay and Karachi] [Calcutta] and whilst [in those ports respec- tively] [there] and until her redelivery to the Admiralty at Karachi/Calcutta as hereinafter provided) against all the risks covered by an ordinary marine insurance policy on hull machinery etc. for time or voyage with Institute Clauses and full R.D.C. and without any franchise and also against War Risks and all Protection Indemnity and Small Damage Risks And the Representatives shall also fully insure the vessel and the Admiralty against all Employers' Liability and Workmen's Compensation Risks at and from Alexandria and at all times until her redelivery to the Admiralty at Karachi/Calcutta as hereinafter provided Such insurances shall be effected in the name of the Admiralty with approved British Companies and/or Lloyd's Underwriters and the Representatives shall deliver the policies to the Admiralty not less than seven days before the sailing of the vessel from Alexandria.

8. The Representatives jointly and severally agree to defray all expenses what- soever which the Admiralty 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 equipment of the vessel) and a statement or account of such expenses shall be rendered by the Admiralty to the Representatives as soon as may be after the redelivery of the vessel to the Admiralty at Karachi/Calcutta as hereinafter provided In particular (but without prejudice to the generality of the foregoing) such expenses shall include all legal and other expenses incurred by the Admiralty in the negotiation preparation approval printing and execution of this Agreement and the cost of all telegrams despatched by the Admiralty and the Foreign Office and His Majesty's diplomatic and consular representatives in Egypt.

9. The Representatives shall procure the voyage to be prosecuted and the delivery of the cargo at [Bombay and Karachi] [Calcutta] to be completed with all reasonable despatch and shall not allow the vessel to enter any neutral or enemy port or territorial waters other than the Suez Canal (unless it shall become neces- sary to do so for the safety of the vessel or cargo) or do or suffer to he done anything

Q