CO885-24 — Page 286

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

242

APPENDIX B.-AGREEMENTS And chartER PARTIES.

to the generality of the foregoing all brokerages discounts and commissions what- soever) and on the debit side (i) all salaries and expenses of whatsoever nature properly chargeable against the vessels pursuant to Clause 4 hereof (except such as may be properly chargeable against Capital as distinct from Revenue) (ii) (by way of inclusion and not of exception) the fixed allowance to the Joint Managers at the rate of £100 per annum for each vessel (iii) the expenses not exceeding £750 per annum of the Admiralty Coasting Trade Office London (the written statement of the Organizing Secretary for the time being of such Office being conclusive as to the amount of such expenses) (iv) any premiums of insurance paid in respect of the vessels (v) in all cases where a vessel is uninsured sums equivalent to the premiums which would have been required to insure such vessel at Lloyd's against all risks (including war risks) not being risks against which the Joint Managers shall insure pursuant to Clause 14 hereof which sums shall in any case of differ- ence be conclusively settled by a certificate of the Chairman of Lloyd's for the time being which the Admiralty shall be at liberty to obtain ex parte. If this Agreement shall remain in force for more than one year from the 8th January 1915 the account shall be made up and adjusted as on the 8th January 1916 and on each successive 8th January as soon as possible after each such date. If this Agreement shall be determined during the currency of any year computed from the 8th January the account shall be made up as on the date of such determination and as soon as possible after such date.

11. THE Joint Managers shall render to the Admiralty full accounts from time to time as the Admiralty may direct and they shall remit to the Admiralty in round sums of thousands of pounds any balances from time to time standing to the credit of the banking account in excess of a working balance of £5,000 unless at the time when any such excess balance would otherwise be available there shall be obligations requiring to be immediately provided for out of such excess in which case they shall only remit in round thousands of pounds the surplus of

such excess.

12.

WHENEVER in the opinion of the Joint Managers any vessel shall require to be docked and/or cleaned and/or repaired at an estimated expense of more than £100 in all they shall before taking any action thereto report the matter to the Admiralty for instructions but when the Joint Managers shall deem it necessary in the interests of all concerned to act promptly they are hereby empowered to act in advance of such instructions for which they shall nevertheless apply as soon as practicable.

13. No vessel shall without the express sanction of the Admiralty be char- tered or otherwise committed by the Joint Managers at any one date for more than four voyages (inclusive of any voyage which may be current at the date in ques- tion) and the Admiralty may at any time withdraw any vessel from the British Coastwise Trade and from the management of the Joint Managers by notice in writing to the Joint Managers subject only to the completion of any voyages charters or other commitments already commenced or entered into by the Joint Managers before the receipt of such notice. If any vessel shall be either lost or damaged to such an extent that the Admiralty shall decide not to employ her further in the British Coastwise Trade then such vessel is to be deemed withdrawn from the Agreement on the expiry of forty-two days from the date of the occurrence of such loss or damage whichever shall be the earlier date.

14. THE Joint Managers shall insure and keep insured the vessels against all Protection and Indemnity and Employers' Liability and Workmen's Compensa- tion risks and all premiums paid for such insurances shall be debited to the account mentioned in Clause 10 hereof. Save as aforesaid the Joint Managers shall not The Admiralty shall not effect any insurances whatever upon any of the vessels.

be bound to effect any insurances whatever upon any of the vessels but may effect any such insurances upon all or any of the vessels as they may from time to time in their absolute discretion consider expedient.

15. THIS Agreement shall be ipso facto determined by the signature of a Treaty of Peace between Great Britain and Germany and it may also be deter- mined at any time by either the Admiralty or the Joint Managers giving not less than six weeks' previous notice in writing to the other.

16. SHOULD this Agreement be determined by notice under Clause 15 hereof then so far as is reasonably practicable the Joint Managers shall not after the receipt of such notice enter into any further commitments in connexion with the vessels or the business which will not in ordinary course run off within six weeks after such receipt.

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APPENDIX B.-AGREEMENTS And ChartER PARTIES.

243

17. AFTER the determination of this Agreement the Joint Managers shall wind up the business and complete the accounts thereof and if at the date of such determination any commitments in connexion with any of the vessels shall remain outstanding then the Joint Managers' fixed allowance at the rate of £100 per annum shall continue to be payable to them in respect of each such vessel until the expiry of thirty days after the completion of her last voyage or (if this Agree- ment shall be determined by the signature of a Treaty of Peace) until the expiry of forty-two days from the date of determination whichever period shall be the longer.

ALL notices to the Admiralty in connexion with this Agreement shall be addressed to the Organizing Secretary Admiralty Coasting Trade Office 9 Old Queen Street London S.W. or in such other manner as the Admiralty shall from time to time direct. All notices to the Joint Managers in connexion with this Agreement shall be addressed jointly and personally to the Joint Managers at Mansion House Chambers Newcastle-on-Tyne. Any notice sent by post shall be deemed to have been received in due course of post.

18.

19. ALL powers authorities and discretions expressed to be hereby vested in the Admiralty shall be exercisable for and on behalf of the Admiralty by the Oversea Prize Disposal Committee or by such other person or persons as the Admiralty shall from time to time direct.

20. FOR the purposes of calculating any broken periods of time hereunder a year shall be taken to consist of three hundred and sixty-five days.

21. ANY difference whatsoever at any time arising between the Admiralty and the Joint Managers or either of them (either during the currency or after the determination of this Agreement) 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 to a sole arbitrator to be appointed by the President for the time being of the Board of Trade. The arbitration shall be held in London and the arbitrator shall have power to obtain call for receive and act upon any such evidence or information (whether oral or documentary and whether legally admis- sible as evidence or not) as he may consider necessary or relevant and in conducting the arbitration and making his award (which shall be final) 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.

Witness to the signature of Harry Poore

Everett-

JNO. TURNER,

19, Simonside Terrace,

Newcastle-on-Tyne,

Čashier.

Witness to the signature of Edward

Richmond Newbigin-

JNO. TURNER,

(6d. Stamp.) HARRY P. EVERETT.

E. R. NEWBIGIN.

Čashier.

19, Simonside Terrace,

Newcastle-on-Tyne,

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

R 2

Cecil Perham,

Admiralty,

Civil Servant.

F. T. HAMILTON.

FRANCIS J. S. HOPWOOD.