CO885-24 — Page 279

PUBLIC

RECORD OFFICE

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Reference :---

C.O. 885

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

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APPENDIX B.-AGREEMENTS AND CHARTER PARTIES.

AND WHEREAS [on] [on 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 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 com- mencement or at any period of the voyage or assume any liability whatsoever for

whomsoever. unseaworthiness (whenever and however caused) or for the negligence default or

any other person error of judgment of themselves or of

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 dues and charges of every description 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 undertaken and paid by the Representatives and the Admiralty shall not under any circumstances 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 London or Liverpool as hereinafter provided the latter shall take over and pay for all bunker coals and stores then on board the vessel 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 £55,000/£125,000 so valued (at and from Alexandria and at all times during the voyage to London or Liverpool and whilst there and until her redelivery to the Admiralty at London or Liverpool 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 London or Liverpool 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 Repre sentatives 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

APPENDIX B.-AGREEMENTS AND CHARTER PARTIES.

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(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 London or Liverpool 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 London or Liverpool to be completed with all reasonable despatch and shall not allow the vessel to enter any neutral or enemy port or terri- torial waters (unless it shall become necessary to do so for the safety of the vessel or cargo) or do or suffer to be done anything whereby the said insurance may be in any way vitiated or avoided and after completion of the delivery of the cargo at London or Liverpool they shall forthwith redeliver the vessel there to the Admiralty Provided that unless the Representatives shall have allowed or done or suffered anything as aforesaid 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 be entitled to charge the owners and/or receivers of the cargo with such freight or other remuneration at as they may them- selves 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 any claim in respect of freight against the Representatives or the owners or receivers of the cargo Provided that if the aggregate of the freights which if the original voyage had been completed would have been payable at destination under the bills of lading issued by the said Hansa Line shall be found to exceed the total expenses reasonably incurred by the Representatives in the navigation of the vessel from Alexandria to London or Liverpool and the delivery of the cargo (includ ing the cost of insurance and the expenses payable by the Representatives under Clause 8 hereof) then the Representatives shall pay to the Admiralty the amount of such excess and for the purpose of enabling the Admiralty to ascertain whether there 18 any such excess the Representatives shall as soon as possible after the redelivery of the vessel to the Admiralty furnish to the Admiralty a statement containing full.

But this clause shall be effective particulars of the said freights and expenses.

only against the Representatives in the event of the proceedings in the said Prize Court resulting in the cargo being released and not condemned as prize and if part of the cargo only shall be released and part condemned as prize then the Repre- sentatives shall pay to the Admiralty only the same rateable proportion of any such excess as the invoice value of the cargo released bears to the invoice value of the whole cargo.

11. 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 London or Liverpool the Representatives shall have the option of rescinding this Agreement 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 registration of the vessel shall have been notified to the Representatives.

12. 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.

13. 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