CO129-044 - Public Offices - 1853 — Page 117

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Limited quantity of stores to be conveyed and delivered at rates as for private goods on 2 days notice.

Admiralty at liberty to alter times of de- parture of vessels on

timely notice, but not 10 necessitate employ

ment of greater num- ber of vessels.

Payments to Com- pany for services.

charges; and also shall and will receive on board each and every of the said vessels, and convey and deliver to, from, and between all or any of the said ports or places, any naval or other stores, not exceeding ten tons in weight at any one time in any one vessel, at the rate of freight charged by the said Company for private goods, on receiving from the said Com- missioners, or any of their officers or agents, two days previous notice of its being their intention to have such stores so con- veyed; and that the said Company shall in all cases be strictly responsible for the due custody and safe delivery of the said packages, articles, and stores.

That if at any time or times during the continuance of this Contract the said Commissioners shall deem it requisite to alter the particular days, times, and hours of departure from and arrival at all and every or any of the ports or places to or from which Her Majesty's mails are to be conveyed under or by virtue of this Contract, they shall be at liberty, at any time or times, or from time to time, to alter the days and hours of de- parture and arrival, on giving a timely notice in writing of such their intention to the said Company; and the particular days, times, and hours of departure from and arrival at all and every or any of such ports or places which may be appointed by any such alteration in force for the time being shall be deemed to be the days, times, and hours of departure and arrival of Her Majesty's mails under this Contract, and shall be observed and kept by the said Company accordingly: Provided always, that such alteration shall not necessitate the employment of any greater number of vessels than that herein-before specified. And in consideration of the due and faithful performance by the said Company of all the services hereby contracted to be by them performed, the said Commissioners do hereby agree that there shall be paid to the said Company, so long as they per- form the whole of the said services in the manner and with such vessels as herein provided, by bills at sight, payable by Her Majesty's Paymaster General, a sum after the rate of one hundred and ninety-nine thousand six hundred pounds per annum, by equal quarterly payments, and with a proportionate part thereof should this Contract terminate on any other day than a day of quarterly payment; to be subject, however, to the abatement of any deductions or forfeitures which the said Company may have incurred, as herein provided: Provided always that from and after the expiration of six calendar months from the day on which the railway now constructing or which may be constructed across Egypt shall be opened for public conveyance between Alexandria and Suez, there shall be paid to the said Company, so long as they perform the whole of the said services as aforesaid, a sum after the rate of only one hundred and seventy-nine thousand six hundred pounds per annum, in quarterly payments, in lieu of the said sum after the rate of one hundred and ninety-nine thousand six hundred pounds, aforesaid. And it is hereby agreed that in the event of the said vessels being ordered by the said Commissioners to leave

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Compensation to Con- any port or place in the United Kingdom instead of Southamp-

pany if any other port

of leaving than South. ton, in performance of this Contract, the said Company shall be entitled to receive compensation for the additional expense by arbitration in case which they shall necessarily be compelled by such order to

ampton to be settled

of difference.

Admiralty may pur chase or charter vessels at a rate to be settled

incur, and for the diminution of receipts which shall be occasioned thereby; and in case the said Commissiouers and the said Company shall not agree as to the amount of compen- sation that is due to the latter, the matter shall be referred to two arbitrators, one to be chosen by the said Commissioners, and the other by the said Company, and in case of a difference of opinion between such arbitrators to an umpire, to be chosen by such arbitrators before they proceed in their reference, and the joint and concurrent award of the said arbitrators, or the separate award of the said umpire when the said arbitrators cannot agree, shall be final and conclusive. And it is hereby agreed that the said Commissioners for executing the office of Lord High Admiral shall at any time during the continuance of this Contract, if they shall consider it necessary for the pub- lic interest, have power and be at liberty to purchase all or any of the said vessels at a valuation, or to charter the same ex- clusively, for Her Majesty's service, at a rate of hire to be mutually fixed and agreed on by them and the said Company; but if any difference should at any time or times arise as to the amount of valuation or hire so to be paid, such by arbitration in case difference shall be referred to two arbitrators, one to be chosen of difference.

from time to time by the said Commissioners, and the other by the said Company, and if such arbitrators should at any time or times not agree in the matter or question referred to them, then such question in difference shall be referred by them to an umpire to be chosen by such arbitrators before they proceed with the reference to thein, and the joint and concurrent award of the said arbitrators, or the separate award of the said umpire when the said arbitrators cannot agree, shall be binding and conclusive upon all parties; and that the said Commissioners, in the case of hiring any such vessel, shall return the same to the said Company in the same state and condition as she was in at the time of any such hiring, reasonable wear and tear excepted; and if any difference should arise upon that point the same shall be settled in the same manner as the amount for the hiring In case of purchase or is to be settled in case of difference. And it is further agreed, hire Company to per- that in case of such purchase or hire the service hereby con- other vessels, subject tracted to be performed shall be performed by other vessels of to Admiralty approval. the Company of a similar description to the vessel or vessels purchased or hired, if they can in due and proper time furnish them, such other vessels, as to construction, machinery, equip- ment, and crew, to be subject to the same approval as other vessels employed under this Contract; and in the event of the said Company being allowed by the said Commissioners to continue to perform only a portion of the service, there shall be paid to the said Company such annual sum of money as shall be agreed upon by the said Commissioners and the sai Company, and in case of their differing as to the amount the difference to be settled by two arbitrators, or an umpire, to be

form the service by

If part of service only performed, amount to be agreed on or settled

by arbitration.

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