CO885-24 — Page 281

PUBLIC RECORD OFFICE

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Reference :-

C.O. 885

24 PUBLIC RECORD OFFICE, LONDON

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

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APPENDIX B.-AGREEMENTS AND CHARTER PARTIES.

procedure or evidence. Save as aforesaid the statutory provisions as to arbitration for the time being in force shall apply.

Signed by the Right Honourable Sir Francis J. S. Hopwood, G.C.M.G., K.C.B., and Commodore C. F. Lam- bert, 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

756

CECIL PERHAM

Admiralty

Civil Servant.

No. 8.

RICH. W. STARKEY

CECIL LAMBERT,

FRANCIS J. S. HOPWOOD.

AGREEMENT WITH THE SUN SHIPPING COMPANY, LIMITED, FOR THE HIRE OF THE S.S. "DIANA."

AN AGREEMENT made the 21st day of April 1915 between THE COMMIS- SIONERB 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 SUN SHIPPING COMPANY LIMITED Of 4 London Wall Buildings London EC. (hereinafter called "the Charterer") of the other part.

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1. The Admiralty will as soon as practicable procure the steamship "Diana (hereinafter called "the vessel") now at Forcados in Nigeria to be registered as a British ship.

2. The Admiralty will demise and the Charterer will hire the vessel on monthly hire from the date (not to be earlier than 1st May 1915) on which the vessel is placed at the disposal of the Charterer for a period of six calendar months or until the date of the signature of a Treaty of Peace between Great Britain and Germany Such period is hereinafter called "the whichever shall be the shorter period.

period of service."

3. The Charterer shall pay for the hire of the vessel in cash in advance All monthly at the rate of £400 per calendar month commencing on the date when the vessel is placed at the disposal of the Charterer but not before 1st May 1915. such monthly payments shall be made in London to the Assistant Paymaster- General at the Royal Courts of Justice and if the Charterer shall make default in any of such monthly payments the Admiralty may withdraw the vessel from the service but without prejudice to any claim against the Charterer under this Agreement or otherwise. Should the vessel be lost during the period of service any hire paid in advance and not earned (reckoning from the date of loss) shall be returned to the Charterer.

4. The Charterer shall take the vessel as she now lies at Forcados and employ her only in lawful trade between safe British or British protected or Portuguese or Allied ports in Africa and shall not allow her to enter any enemy or neutral port or territorial waters (unless necessary for the safety of the vessel or cargo) or to lie anywhere (unless in dry dock) except afloat.

5. The Charterer shall on demand pay to the Admiralty the cost of insuring the vessel during the whole period of service for the sum of £10,000 so valued against all the risks covered by an ordinary Lloyd's policy on hull machinery etc. with Institute Clauses full R.D.C. and also against War Risks and all Protection Indemnity Employers Liability and Workmen's Compensation risks and the Admiralty shall effect such insurance and in so far as the same shall provide indemnity in respect of any damage or salvage or other claim for which the vessel or the Charterer may become liable to any third parties the Charterer shall be entitled to the benefit thereof. The Charterer shall not at any time do or suffer to be done anything whereby the said insurance would be vitiated or in any way affected

APPENDIX B.-AGREEMENTS AND CHARTER PARTIES.

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6. The Charterer shall keep the vessel in good repair and condition (fair wear and tear excepted) throughout the period of service and at the expiry thereof shall redeliver her to the Admiralty at Forcados or Lagos as the Admiralty may direct in the same condition and state of repair as she was in at the commencement of the period of service fair wear and tear and any loss or damage recoverable under the said insurance always excepted. Provided that the Admiralty shall not less than twenty-one days before the expiry of the period of service notify the Charterer at which of the two above-mentioned places they require the vessel to be redelivered and failing such notice the Charterer shall be at liberty to redeliver the vessel at either of such places at his option.

7. The Admiralty shall have a lien upon all cargoes and sub-freights for any hire due under this Agreement.

8. The Charterer and the Admiralty shall respectively take over and pay for at prices to be agreed or failing agreement fixed by independent valuation all bunker coals provisions and stores which may be on board the vessel at the commencement and expiry respectively of the period of service.

9. Subject as hereinbefore expressly provided the vessel shall during the period of service be at the absolute disposal and under the complete control and at the sole risk and expense of the Charterer.

10. Should the vessel from any cause whatsoever not be placed at the disposal of the Charterer at Forcados within two calendar months from the date hereof then either of the parties shall be at liberty to rescind this Agreement altogether by giving to the other party notice in writing thereof at any time within fifteen days after the expiry of the said two calendar months and thereupon this Agreement shall become void and of no effect but neither of the parties shall be liable to pay any compensation or damages to the other by reason of such rescission. Except that the Admiralty shall indemnify the Charterer to the extent of any expenses actually incurred by him in sending a master and/or officers and/or crew from the United Kingdom to Forcados and bringing them back from thence to the United Kingdom.

11. Any notice to be given by the Charterer to the Admiralty shall be addressed to the Secretary of the Oversea Prize Disposal Committee Colonial Office London S.W.

12. No member of the House of Commons shall be admitted to any share or part of this Contract or Agreement or to any benefit to arise therefrom.

13. Any difference whatsoever at any time arising between the Admiralty and the Charterer shall be referred to the sole arbitration of William Walton of Donnington Holt Newbury Esquire or if he be dead or unable or unwilling to act then to a sole arbitrator to be appointed by the Chairman of Lloyd's for the time being. The Arbitrator shall have power to call for receive and act upon any evidence or information (whether oral or documentary and whether legally admis- sible as evidence or not) which he may consider necessary or relevant and in con- ducting 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 shall apply. The Common Seal of the Sun Shipping Company Limited was affixed hereto in the presence of

W. W. MITCHELL COTTS

W. A. Cox

Manager.

Secretary.

Signed by 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 of the United Kingdom of Great Britain and Ireland in the presence of

CECIL PERHAM

Admiralty

Civil Servant.

[Seal]

F. T. HAMILTON. FRANCIS J. S. HOPWOOD.