CO885-24 — Page 278

PUBLIC RECORD OFFICE

61

Reference :-

PELL CO. 885

24 PUBLIC RECORD OFFICE, LONDON

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

226

APPENDIX B.-AGREEMENTS AND CHARTER PARTIES.

whereby the said insurance may be in any way vitiated or avoided and after com- Provided that pletion of the delivery of the [Karachi cargo at that port] [cargo at Calcutta] they shall forthwith redeliver the vessel there to the Admiralty unless the Representatives shall have allowed or done or suffered anything as afore- said they shall not be responsible to the Admiralty for any loss of or damage to the vessel which may be recoverable under the said insurances nor for any other loss damage or expense which may be so recoverable.

10. The Representatives shall engage the master officers engineers and crew upon such terms that they agree to remain on board the vessel after her redelivery to the Admiralty as aforesaid for the purpose of navigating her either with cargo or in ballast to the United Kingdom from Karachi/Calcutta either direct or via any other port or ports to which the Admiralty may think fit to send her for any purpose And the Admiralty shall indemnify the Representatives against any liability in respect of wages and provisions of the said master officers engineers and crew from the date of the redelivery of the vessel at Karachi/Calcutta as aforesaid.

11. The Representatives shall be entitled to charge the owners and/or receivers of the cargo with such freight or other remuneration at 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 Admiralty shall not have or make aby claim in respect of freight against the Representatives or the owners or receivers of the cargo.

12.

This Agreement is conditional upon the vessel being registered as a Government ship and placed at the disposal of the Representatives as aforesaid not later than the 30th April 1915 and in the event of this condition not being fulfilled or of the vessel when placed at the disposal of the Representatives being found to be unfit without extensive repairs to carry on the cargo to [Bombay and Karachi] [Calcutta) the Representatives shall have the option of rescinding this Agree ment by giving to the Admiralty written notice of their intention so to do Provided that any such notice of rescission must be given within fifteen days after the registra- tion of the vessel shall have been notified to the Representatives.

13. The Representatives jointly and severally guarantee to the Admiralty that all the terms of the undertaking given by His Majesty's Procurator on behalf of the Admiralty as aforesaid and mentioned in the said Order of the said Prize Court shall be strictly observed and performed and they hereby jointly and severally indemnify the Admiralty against any liability costs charges or expenses whatso- ever which the Admiralty may incur by reason of the non-observance or non- performance of any of the said terms or otherwise howsoever in consequence of or in connexion with the said undertaking.

14. Any dispute or difference whatsoever at any time arising 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 The Arbitration shall be held in London and the Arbitrator for the time being.

shall have power to call for receive and act upon any 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 be 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.

(Signatures to

Gutenfels" Agreement.)

Witness to the signature hereof by Messrs. Grahams & Company and Messrs. J. H. Wackerbarth & Company

J. DUMVILLE Botterell

24 St. Mary Axe E.C.

Solicitor

GRAHAMS & COMPANY

Stamp 6d.

J. H. WACKERBARTH & COMPANY

APPENDIX B.-AGREEMENTS AND CHARTER PARTIES.

Witness to the signature of 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.

CECIL PERHAM

27th March 1915

Admiralty

Civil Servant

F. T. HAMILTON FRANCIS J. S. HOPWOOD

(Signatures to 'Barenfels" Agreement.)

Witness to the signing hereof by Messrs. Grahams & Company, and Messrs. J. H. Wackerbarth & Company

W. A. Cox

24 St. Mary Axe

London E.C.

Solicitor's Clerk.

Signed by the Right Honourable Sir Francis J. S. Hopwood G.C.M.G. K.C.B. and Commodore C. F. Lambert 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

562/698

Admiralty

Civil Servant.,

No. 6.

[6d. stamp]

GRAHAMS & Co.

J. H. WACKERBARTH & Co.

FRANCIS J. S. HOPWOOD.

CECIL LAMBERT.

227

AGREEMENT WITH THE REPRESENTATIVES FOR THE NAVIGATION OF THE S.S. "WERDENFELS "/" LAUTERFELS" TO THE UNITED KINGDOM.

WHEREAS the

J

AN AGREEMENT made the 7th/15th day of April 1915 between THE COM- MISSIONERS 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 firm of GRAHAMS & COMPANY of 5 Bishopsgate London E.Č. as well on their own behalf as on behalf of the shippers and/or receivers of the cargo now laden on board the steamship "Werdenfels "7" Lauter fels (hereinafter called "the Representa- tives") of the other part.

Werdenfels "/" Lauterfels" (hereinafter called "the vessel ") being then owned by the Hansa Line of Bremen in Germany and being then on a voyage from [Rangoon to Hamburg and Antwerp] [Karachi to Hamburg] 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 London or Liverpool without transhipment or breaking bulk and the Admiralty at the request of the Representatives are willing upon the terms and con- ditions hereinafter mentioned to place the vessel at the disposal of the Representa- tives 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 London or Liverpool and for the delivery of the cargo there.

Q 2