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PUBLIC RECORD OFFICE

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།།། ། mmimmi mC.O. 885

24 PUBLIC RECORD OFFICE, LONDON

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APPENDIX B.-AGREEMENTS AND CHARTER PARTIES.

THE HONG Kong and ShangHAI BANKING CORPORATION of 9 Gracechurch Street in the City of London as well on its own behalf as on behalf of the other shippers (here and/or consignees of the cargo now laden on board the steamship "Istria inafter called the Corporation") of the other part.

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WHEREAS the "Istria " (hereinafter called "the vessel ") being then owned by the Hamburg-America Line of Hamburg in Germany and on a voyage from Vladi- vostock to Port Said for orders with a cargo of soya beans was with her cargo captured at sea and brought as prize into Alexandria by a British warship on or AND WHEREAS the vessel has been condemned about the 17th day of August 1914 by the Prize Court at Alexandria and her cargo is claimed as prize of war and is waiting adjudication in the said Prize Court.

AND WHEREAB the Corporation desires that the cargo shall be carried in the "the said vessel to some convenient port in the United Kingdom to be nominated by the Cor- poration and approved by the Admiralty (hereinafter referred to as Port") and the Admiralty at the request of the Corporation is willing upon the terms and conditions hereinafter mentioned to place the vessel at the disposal of the Corporation for that purpose and to allow the Corporation to arrange at its own expense and risk for the navigation of the vessel from Alexandria to the said port and for the delivery of the cargo at the said port.

NOW IT IS HEREBY AGREED as follows:---

1. The Admiralty will procure the vessel as soon as practicable to be registered as a Government ship and will place her when so registered at the disposal of the Corporation 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 the same respectively shall be entirely at the risk and expense of the Corporation which hereby undertakes to indemnify the Admiralty and the Proper Officer and the Marshal of the said Prize Court against all claims whatso ever which may at any time be made against them or any of them or against the vessel by any of the owners or shippers or receivers of the cargo or by any other persons whomsoever in respect of the cargo or the conveyance or delivery thereof any such arrangements or in respect of the navigation of the vessel or in respect of as aforesaid.

3. The Admiralty shall not be deemed to warrant the seaworthiness of the vessel at the commencement or at any period of the voyage or to assume any liability whatsoever for unseaworthiness whenever or however caused or for the negligence default or error in judgment of themselves or of any other person whomsoever.

4. The engagement of competent and sufficient master officers engineers and crew for the voyages their wages and provisions the supply 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 costs 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 Corporation and the Admiralty shall not be deemed to have assumed any responsibility or liability in connexion therewith.

5. The Corporation shall purchase from the Admiralty at a price to be agreed or (failing agreement) to be fixed by an independent valuer all serviceable bunker coals stores and provisions which may be on board the vessel at the time of her being placed at the disposal of the Corporation as aforesaid and on the redelivery of the vessel to the Admiralty as hereinafter provided the Admiralty shall take over and pay for all coals and unconsumed stores then on board at a price to be agreed or ixed by valuation as aforesaid.

6. Should the Corporation 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 registration of the vessel as a Government ship shall have been notified to the Corporation then the Admiralty shall have the option of rescinding this Agreement by giving to the Corporation fifteen days previous written notice thereof and thereupon the same shall become altogether null and void except that the Corporation shall indemnify the Admiralty in respect of any charges and expenses reasonably incurred by the Admiralty in connexion therewith and the performance thereof up to the date of such rescission.

7. The Corporation shall immediately upon the vessel being taken over by the Corporation at its own expense insure the vessel for the sum of £60,000 so

APPENDIX BAGREEMENTS AND CHARTER PARTIES.

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valued (at and from Alexandria and at all times during the voyage to the said port and while there and until redelivery to the Admiralty as hereinafter provided) against all the risks covered by an ordinary marine insurance policy on hull machin- ery etc. for time and 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 Corporation 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 redelivery to the Admiralty as herein- after provided. Such insurances shall be effected with approved British companies and/or underwriters and the Corporation shall deliver the policies to the Admiralty not less than seven days before the sailing of the vessel from Alexandria.

8. The Corporation agrees to defray all expenses whatsoever which the Admiralty may reasonably incur in connexion with the premises (but not including the cost of any repairs alterations or additions to the hull machinery or equipment of the vessel) and an account of such expenses shall be rendered by the Admiralty to the Corporation as soon as may be after the redelivery of the vessel to the Admiralty as hereinafter provided In particular (but without prejudice to the generality of the foregoing) such expenses shall include all legal and other expensee 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 Corporation shall procure the voyage to be prosecuted and the discharge of the cargo to be completed with all reasonable despatch and shall not allow the vessel to enter any neutral or enemy port or territorial waters (unless it shall become necessary for her to do so for the safety of the vessel or cargo) or do or suffer anything to be done whereby the said insurances shall be in any way vitiated or avoided and after the completion of the discharge of the cargo the Corporation shall forthwith redeliver the vessel to the Admiralty at the said port and the Admiralty shall there take delivery of the vessel Provided that unless the Corporation shall have allowed or done or suffered anything as aforesaid it shall not be responsible to the Admiralty for any loss of or damage to the vessel which shall be recoverable under the said insurances nor for any other loss damage or expense which shall be so recoverable.

10. If the aggregate of the freights which would have been payable at destina- tion under the bills of lading issued by the said Hamburg-America Line if the original voyage had been completed shall be found to exceed the total expenses reasonably incurred by the Corporation in the navigation of the vessel from Alex- andria to the said port and the delivery of the cargo there (including the cost of insurances and the expenses payable by the Corporation under Clause 8 hereof) then the Corporation shall pay to the Admiralty the amount of such excess and for the purpose of enabling the Admiralty to ascertain whether there is any such excess the Corporation shall as soon as possible after the redelivery of the vessel to the Admiralty at the said port furnish to the Admiralty a statement containing full particulars of the said freights and expenses respectively This clause shall be effective against the Corporation only in the event of the proceedings against the said cargo in the said Prize Court resulting in the said cargo being released in favour of the Corporation and not being condemned as prize Provided always that if part of the said cargo only shall be so released and the remaining part con- demned as prize then in such case the Corporation shall be entitled to deduct from such amount as may become payable to the Admiralty under this clause a proportion thereof calculated pro rata in the proportion that the proceeds realized by the sale of the cargo condemned bears to the proceeds of the sale of the cargo released.

11. This Agreement is conditional upon the vessel being registered as a Government ship and placed at the disposal of the Corporation as aforesaid not later than the 31st day of May 1915 and in the event of this condition not being fulfilled or of the vessel when placed at the disposal of the Corporation being found to be unfit without extensive repairs to carry the cargo to the United Kingdom the Corporation shall have the option of rescinding this Agreement by giving to Provided that any such the Admiralty written notice of their intention so to do

notice of rescission must be given within twenty-one days after the registration of the vessel as a Government ship shall have been notified by the Admiralty to the Corporation.