490
6
Inclosure 10 in No. 1,
Agreement.
AGREEMENT made this 20th day of October, 1902, between Captain Ferdinand Balford Elderton, D.S.O., Royal Indian Marine, Senior Marine Transport Officer of the China Force, acting for and on behalf of the British Marine Transport Department (hereinafter called "the Vendor"), of the one part, and the Taku Tug and Lighter Company (Limited) of Tientsin in the Empire of China (hereinafter called "the Purchaser"), of the other part, whereby it is agreed as follows:---
1. The Vendor, acting as aforesaid, agrees to sell, and the Purchaser agrees to purchase, at the sum of 180,000 taels, free from all charges and incumbrances, all Hsin-ho1 and also all those lighters at present those two tugs named "Fuyun" and "Hsin-ho"2 respectively known and numbered 4, 5, 6, 7, 8, and 9, and also all that wooden hulk known and numbered 12, all respectively the property of the said British Marine Transport Department, and at present lying at Hsin-ho, in the Empire of China, together with all the steam-engines, shafts, cranks, screw machinery, funnels, gear implements, utensils, masts, sails, sail-yards, spars, anchors, cables, compasses, chains, ropes, cords, stanchions, tackle, apparel and appurtenances whatsoever to the said tugs, lighters, and hulk respectively belonging or in anywise appertaining.
2. The Purchaser further agrees, for a term of three years from the date of these presents if and when called upon, to enter into all or any contracts or contract with the Vendor or such other Senior Marine Transport Officer or his representative who may for the time being replace the Vendor at Hsin-ho aforesaid, to undertake all work required by the said British Marine Transport Department upon the terms following, that is to say :-
(a.) To let out or hire any lighter properly equipped, manned, and in working order, for the sum of 80 dollars per day.
(b.) To let out or hire any tug properly equipped, manned, coaled, and in working order, for the sum of 100 dollars per day.
(c.) To obtain and supply all necessary coolie hire at such market wage or price per man per day as shall be when required then ruling.
3. The Purchaser further agrees that if, without any reasonable cause or excuse, the Purchaser shall fail at any time during the said period of three years to supply transport or comply with any of the terms of any such contracts or contract as aforesaid, the Purchaser will, within twenty-four hours after having received notice in writing thereof from the Vendor, or such officer as aforesaid or his representative, pay to the Vendor or such other officer or representative as aforesaid all demurrage of transports, that is, daily hire rate per gross ton of same.
4. Provided always, and it is hereby further agreed, that if the Vendor acting as aforesaid or such other officer or representative as aforesaid, shall not be desirous of hiring any of the said tugs, lighters, or hulk per day, as provided for in the clause 2 hereof, for carriage or transportation of officers, men, animals, baggage, stores, or other effects, the Purchaser will supply such carriage or transportation between Tien-tsin and (or) Hsin-ho and (or) Tongku or Hsin-ho to Taku Bar, or vice versa, upon the following terms, that is to say :-
(a.) For the carriage or transportation of officers and men up to the number of 10, at the rate of 1 dollar per head; over the number of 10 and up to the number of 50, the sum of 75 cents per head; over the number of 50 and up to the number of 100, the sum of 60 cents per head; over the number of 100 and up to the number of 150, the sum of 50 cents per head; and over the number of 150, the sum of 30 cents per head.
(b) For the carriage or transportation of animals up to the number of 20, the sum of 5 dollars per head; over the number of 20 and up to the number of 50, the sum of 4 dollars per head; under the number of 100, the sum of 3 dollars per head; and over the number of 100, the sum of 2 dol. 50 c, per head.
7
(c.) For the carriage or transportation of stores, baggage, or other effects, the sum of 1 dollar per ton of 40 cubic feet measurement, or 20 cwt. weight.
5. Provided always that if, on the letting or hiring of any of the said lighters as aforesaid to the said British Marine Transport Department, the Senior Marine Transport Officer for the time being as aforesaid, or his representative, shall at any time or times during the continuance of the said term of three years require any special fittings on any of the said lighters, such fittings shall be constructed, erected, fitted, and dismantled at the sole cost and expense of the said department, the Purchaser agreeing at all times to safely store the said fittings when not in use, and it is hereby further agreed that for all purposes the said letting or hiring shall in every case be deemed to commence, and shall be paid for at the rate of letting or hiring aforesaid from the time when the said special fitting shall be commenced.
In witness whereof the Vendor hath hereunto set his hand, and the Purchaser hath hereunto caused its common seal to be affixed, and two of its Directors and its Secretary have hereunto set their hands, the day and year first above written.
F. H. ELDERTON, Commander R.I.M., Senior Marine Transport Officer, British Contingent, China Force.
(Signed)
Signed by the Vendor in the presence of-
(Signed) C. PERRETT, Clerk, R.L.M.
(Signed)
Sealed with the common seal of the Purchaser, and signed by J. Stewart and H. W. Walker, two of its Directors, and by W. T. L. Way, its Acting Secretary, in the presence of---
(Signed)
J. STEWART, Director. H. W. WALKER, Director. WILLIAM T. L. WAY, Acting Secretary.
K. MOUNSEY, Solicitor, Tien-tsin,
0
490
6
Inclosure 10 in No. 1,
Agreement.
AGREEMENT made this 20th day of October, 1902, between Captain Ferdinand Balford Elderton, D.S.O., Royal Indian Marine, Senior Marine Transport Officer of the China Force, acting for and on behalf of the British Marine Transport Department (hereinafter called "the Vendor"), of the one part, and the Taku Tug and Lighter Company (Limited) of Tientsin in the Empire of China (hereinafter called ("the Purchaser"), of the other part, whereby it is agreed as
follows:---
1. The Vendor, acting as aforesaid, agrees to sell, and the Purchaser agrees to purchase, at the sum of 180,000 taels, free from all charges and incumbrances, all Hsin-ho" and also all those lighters at present those two tugs named "Fuyun" and respectively known and numbered 4, 5, 6, 7, 8, and 9, and also all that wooden hulk known and numbered 12, all respectively the property of the said British Marine Transport Department, and at present lying at Hsin-ho, in the Empire of China, together with all the steam-engines, shafts, cranks, screw machinery, funnels, gear implements, utensils, masts, sails, sail-yards, spars, anchors, cables, compasses, chains, ropes, cords, stanchions, tackle, apparel and appurtenances whatsoever to the said tugs, lighters, and hulk respectively belonging or in anywise appertaining.
2. The Purchaser further agrees, for a term of three years from the date of these presents if and when called upon, to enter into all or any contracts or contract with the Vendor or such other Senior Marine Transport Officer or his representative who may for thetime being replace the Vendor at Hsin-ho aforesaid, to undertake all work required by the said British Marine Transport Department upon the terms following, that is to say :-
(a.) To let out or hire any lighter properly equipped, manned, and in working order, for the sum of 80 dollars per day.
(b.) To let out or hire any tug properly equipped, manned, coaled, and in working order, for the sum of 100 dollars per day.
(c.) To obtain and supply all necessary coolie hire at such market wage or price per man per day as shall be when required then ruling.
3. The Purchaser further agrees that if, without any reasonable cause or excuse, the Purchaser shall fail at any time during the said period of three years to supply transport or comply with any of the terms of any such contracts or contract as aforesaid, the Purchaser will, within twenty-four hours after having received notice in writing thereof from the Vendor, or such officer as aforesaid or his representative, pay to the Vendor or such other officer or representative as aforesaid all demurrage of transports, that is, daily hire rate per gross ton of same.
4. Provided always, and it is hereby further agreed, that if the Vendor acting as aforesaid or such other officer or representative as aforesaid, shall not be desirous of hiring any of the said tugs, lighters, or hulk per day, as provided for in the clause 2 hereof, for carriage or transportation of officers, men, animals, baggage, stores, or other effects, the Purchaser will supply such carriage or transportation between Tien-tsin and (or) Hsin-ho and (or) Tongku or Hsin-ho to Taku Bar, or vice versa, upon the following terms, that is to say :-
(a.) For the carriage or transportation of officers and men up to the number of 10, at the rate of 1 dollar per head; over the number of 10 and up to the number of 50, the sum of 75 cents per head; over the number of 50 and up to the number of 100, the sum of 60 cents per head; over the number of 100 and up to the number of 150, the sum of 50 cents per head; and over the number of 150, the sum of 30 cents per head.
(b) For the carriage or transportation of animals up to the number of 20, the sum of 5 dollars per head; over the number of 20 and up to the number of 50, the head; sum of 4 dollars per head; under the number of 100, the sum of 3 dollars per and over the number of 100, the sum of 2 dol. 50 c, per head.
7
Transport Officer for the time being as aforesaid, or his representative, shall at any time or times during the continuance of the said term of three years require any special fittings on any of the said lighters, such fittings shall be constructed, erected, fitted, and dismantled at the sole cost and expense of the said department, the Pur chaser agreeing at all times to safely store the said fittings when not in use, and it is hereby further agreed that for all purposes the said letting or hiring shall in every case be deemed to commence, and shall be paid for at the rate of letting or hiring aforesaid from the time when the said special fitting shall be commenced.
In witness whereof the Vendor hath hereunto set his hand, and the Purchaser hath hereunto caused its common seal to be affixed, and two of its Directors and its Secretary have hereunto set their hands, the day and year first above written.
F. H. ELDERTON, Commander R.I.M., Senior Marine Transport Officer, British Contingent, China Force.
(Signed)
Signed by the Vendor in the presence of-
(Signed) C. PERRETT, Clerk, R.L.M.
(Signed)
Sealed with the common seal of the Purchaser, and signed by J. Stewart and H. W. Walker, two of its Directors, and by W. T. L. Way,
its Acting Secretary, in the presence of---
(Signed)
J. STEWART, Director. H. W. WALKER, Director. WILLIAM T. L. WAY,
Acting Secretary.
K. MOUNSEY, Solicitor, Tien-tsin,
0
(c.) For the carriage or transportation of stores, baggage, or other effects, the sum of 1 dollar per ton of 40 cubic feet measurement, or 20 cwt. weight.
5. Provided always that if, on the letting or hiring of any of the said lighters as aforesaid to the said British Marine Transport Department, the Senior Marine
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