CO129-463 - Governor Sir Stubbs - 1920 [10-12] — Page 262

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

I

دولا

Periodica

and -

drydocking

abidery

Inspection

When hira

CELESS.

And beginn Brain.

Forty-eight hours

allowance."

Cancelling

OLATES.

Payment of bjra,

Advances,

thort 85- trements.

Bala 100 of hire.

Broken

periods.

A day's hire,

Claims: how

to be rea)–

dered.

Owner'

inbilities.

Plaza. signalling.

Navigation requisites.

Admiralty HADIISIDE. Fael.

Admiralty Hibilities, Miscol- laneous.

Graw tɔ de British Cab.

jocta.

DAY KAL

Wight work.

Winchok. Winch.

Son risk.

War risk damaga or

loss of ship.

2

9. Should the steamer remain in the Admiralty service for more than six months from the date of her last drydocking, 1 Ownere agree, if required by the Admiralty, at the expiration of wach six months to place the steamer in drydock, to clean and paint her bottom, to open up or test under steam as may be considered necessary by the Admiralty Inspectors any parts of the machinery and boilers, and to make good any defecta likely to interfere with satisfactory fulfilment of her continued service, all of which shall be done at Owners' expense, and the asure at the expiration of every six months during the currency of this 5 Charter.

Such drydocking and inspection shall take place at the port at which the steiner shall complete her voyage or at auch other adjacent port sa may be approved by the Admiralty. The hire aball cease from the time the stommer is available for drydocking at the port of drydocking until she is again placed at the disposal of the Admiralty at that port, ready to load and/or bunker and efficient for further service,-between the hours of 9 a.m. and 5 p.m., bút not on Sundays or public 10 holidays nor after I pm on Saturdays, unless atosmer sail or work be bogun meantime.

la calculating the period of pay under this class an allowance of 45 running hours without stoppage of hire shall Le guted in respect of each drydocking.

10. If there is any misrepresentation as regards steamer's size, capabilities, and position, or if steamer has not arrived at the port of delivery or is not ready to load by or on the

Admiralty bave the option of cancelling this Charter.

11. Payment of Hire shall be made in England as follows :-

In the case of steamers engaged for two months certain or more, one calendar month's hire in advance on the steamer entering into pay,

half a month's hire at the end of the second month, half a month's hire at the end of the third mouth, and one month's further hire at the end of each succeeding completed month of service,

In the case of steamers engaged for less than two months, the advance of hire to be made on the steamer entering into pay shall be for two-thirds of the hire for the period certain, such advance in no case to exceed the amount of one calendar month's hire, and the remaining payments shall be made as laid down above.

War risk death or Injury of

draw.

MASCOT I navigation and boats.

Master 1 matics and responst- bility. Instructions from Admi Falty.

Accounts of CATED.

15

20

Complaints animat Oraw. Sailing orders. Zogu.

Inoficiency.

In all cases much payments shall be considered as payments on account, and the balance of hire shall be paid on the passing in Office of the accounts, &c, to be rendered by the steamer, and on receipt of the Logs for the period (vide th clause 24).

Periods of pay, and periods less than one calendar month at the expiration of this Charter shall be reckoned in daya. A day's hire shall be calculated on the basis of th of twelve calendar months' hire of the steamer; and in case of inefficiozicy under clanese 9 and 25, any fraction of a day amouuting to 12 hours or over shall count as ons day off pay.

* Clans for hire and other expenses allowable under this Charter shall be rendered to the Director of Transports, 30 Admiralty, 8.W., on Form T. 191,

12. The Owner shall provide and pay for all wagon, provisions, including fuel for galley and Electric Light, and all other expenses in connection with the Master, Uficers, Engineers and Crew, for the insurance of the steamer, for all deck and engine- room stores, water for all purposes, for the proper ventilation of the cargo. for boats, for ballast necessary to enable the steainer to proceed with safety without cargo, and for the maintenance of the steamer in a thoroughly efficient state in hull and machinery 35 for and during the service.

13. The steamer shall sail ander age provided by the Admiralty, but the Owners shall provide the following Angs, &c., for signalling

(a) A set of International Code Flags and the latest edition of the Signal Code.

(b) A pair of Hand Flags for Semaphoring messages in daylight

(c) & Flashing Lamp for signalling at night (Morse Code).

(d) Signal Letters for British Ships.

40

The Owners shall provide the Charts required for the safe usvigation of the steamer according to the services on which she may from time to time be employed, and shall supply the necessary Compasses and Chronometera, in respect of which certifi- estow from competent authorities shall be furnished that they are in good order and that a correct deviation table has been 45 provided.

14. The Admiralty shall be liable for all coal, or other fuel, except fuel for galley and Electric Light, and shall accept and pay for all fuel in steamer's bunkers at the time of delivery.

Partial fusmolonay,

Foriod of ineficiency

not to Dott.

Limitation of Owners' Hability. Xegligence.

Liability of owners for Government stores.

Stowage.

On the expiration of the Charter the Owners shall pay the Admiralty for all the fuel left in the bankers, Both auch payments shall be made at the current market price at the respective porta.

The Owners shall on entry into pay band to the Admiralty Officer or Agent at the port a corticate signed by the Master and Chief Engineer of the number of tons of fuel in the bankers of the steamer, and its description.

SELVLED.

50

Admiralty Hen. Penalty.

Arbitration.

15. The Admiralty shall be liable for port charges, pilotags, lights, duse, necessary tug assistance, consular charges (except auch sa relate to Offics or Crew, Bills of Health, and overtime under conditions of clauza 17, but the Owners shall without any charge against the Admiralty arrange through the Master or their Port Agents all auch services in connection with the 55 navigation and clearing of the steamer as if they were trading on their own account, pay the claims therefor and reclaim from the Director of Transports such as are necessary and for Admiralty account, the claim for each service being supported by the receipted vouchers. All pilotage certificates must show the draft of water.

16. When Great Britain is at peace the Officers, Engineers, and every member of the Crew'shall be British subjects. When Great Britain is at war this stipulation is to be carrie 1 out so far sa practicable, but in any case, Master. Officers and Engineer 60 must be British subjects, and members of the hostile nationality are to be sxcluded. At least one of the officers or men wust be able to use the Bashing lantern.

A full list of the Crow with their rating and nationality shall be produced on the entry into pay of the steamer,

17. The steamer shall work day and night if required and the steam winches shall be at the service of the Admiralty by day and night with fall steam when and sa required. The same shall be worked free of cost by the Crew, which must contain 65 sufficient skilled hande to work all the winches on board as once in one shift. The Admiralty will repay overtime under such conditions as may be from time to time authorised.

18. The Admiralty shall not be held liable if the steamer shall be lost, wrecked, driven on shore, injured or rendered incapable of service by or in consequence of dangers of the sea or tempest, collision, fire, accident, stress of weather or any other cause arising as a soa risk.

19. The risks of war which are taken by the Admiralty are those risks which would be excluded from an ordinary English policy of marine insurance by the following, or similar, but not more extensive clause (——

20

Warranted free of capture, seizure, and detention and the consequences thereof, or of any attempt therent, piracy excepted, and also from all consequences of hostilities or warlike operations, whather before or after declaration of war.

Sach risks are taken by the Admiralty on the ascertained value of the steamer, if she be totally lost, at the time of such 75 loss, or, if she be injured, on the ascertained value of such injury.

Should a dispute arise as to the value of the steamer the same shall be settled as laid down in clause 31.

* These clauses are to be modified, sa may be necessary, in Charter Parties executed abroad,

General Average.

Quarantine.

Fair wagon.

Members of

Parliament.

bischarging gear.

Double der-

rloks and

winches.

3

20. In the great of any member of the Crew being killed or injured as a result of warlike oparations in which Great I Britain is enged, the Admiralty agree to settle any lawful claims arising frou ach loath or injury according to the scale laid down in the Instructions for Masters of Collier and Oiler Transporta, and the Uwuary shall be relieved of their liability under the Workmen's Compensation Act, 1903, or other Acts in respect of such claims.

21. The Master shall prosscuta hie voyages with the uton at despatch an ) skull reader all custo.airy assistance with ship's 5 Craw and boats.

22. The Master shall obey all orders and instructions which he may receive from the Admiralty, or from any Officer authorised by them, and shall in all respecta comply with the Instructions for Masters of Cillier and Diler Transports, but he shall be solely responsible (on behalf of the Owners) for the management, handling, nud navigation of the steamer, He shall keep accounts of his cargoes as laid down in the above-named Instructions and the admiralty hereby agree to indemnify the 10 Owners from all consequences or liabilities that may arise from the sater signing Bulla of Lading, as well as from any irregularity in Ship's papera consequent thereon, except as laid down in clause 27.

The Admiralty shall not be held responsible for losses sustained through the negligence of Pilota, Tug-boats, Stevedores, or other employed by them, the Owners recognising than sa their servants even if appointed and paid by the Admiralty or the Agents of the Admiralty (but see also clause 25).

23. If the Admiralty shall have reason to be dissatisfied with the coaduct of the Master, Officers, or Engineers, the Owners shall, on receiving particulars of the complaint, investigate the es mo, and, if necessary, make a change in the appointments.

24. The Master shall be furnished, from time to time, by the Admiralty, with all requisite instructions and sailing directions in writing, and shall keep a full and correst Log of the voyage or voyages which is to be forwarded quarterly to the Admiralty. (See also clause 11.)

25. If from deficiency of men or stores, breakdown of machinery, or any other cause, the working of the steamer is at any time suspended for a period exceeding twelve running hours, pay shall cease for the whole of such and any subsequent period of whatever duration during which the vessel is inefficient. (See also clause 11.)

15

20

Any work that may be done during a period of partial ineficiency of the steamer, except proceeding to a port for repairs or to replenish bunker soala owing to acsident shall be paid for on the basis of the time it would have occupied had the steamer 25 remained stiicient If upon the voyage her speed be reduced by a defect in or breakdown of any part of her machinery, damage to propeller, radder or by any other mishap of hall or engines or cargo, the time so lost and the cost of any extra coal consuined in consequence thereof shall be deducted from the hire; but should the steamer be driven into port or to anchorage by stress of weather or for coals, such detention or loss of time shall be at the Admiralty expense. In the event, however, of breakdown at sea or other accident necessitating the steamr proceeding to a port of refuge for repairs, or to replace or land crew, hire to 30 ceas> notil the steamer arrives back in a similar position to that in which sho was at the time of the breakdown or accident, &c.. and any coala used to be replaced or paid for by Owners, whichever Admiralty may elect.

If through accident any part of the cargo or bunkers have to be discharged, the time occupied in discharging and reloading came to be deducted from the hire.

Any time so lost shall count as part of the term of charter named in clauses 2 and 7, but the Admiralty have the option of 35 keeping the steamer for an additional period equivalent to the whole or part of the time lost.

26. Throughout this Charter losses or damages whether in respect of goods carried or to be carried or in other respecte arising or occasioned by the following causes shall be absolutely excepted, viz.:-The uct of God, perils of the seas, fire on board, in halk, craft, or on shore, barratry of the Master or Crew, esamies, pirates, robbers, or thieves, arrests and restraints of princes, rulers, and peoples, collisions and strandings, explosions, buratings of boilers, breakage of shafta, or any latent defect, even 40 if existing at the beginning of the voyage, in the hull, boilers, machinary, or appurtenances, negligence, default, or error of judgment of the Pilot, Master, or row, or other servants of the Owners, in the management or navigation of the steamer.

27. Except as limited in alauses 26 and 43, the Owners will be held strictly accountable for the value of and liable to the Admiralty for any loss or damage to coal, oil fuel, collier and oil feel outfits, signalling stores, &c., and all other Government stores of whatever description which may be shipped, whether a cargo or for use on board, in charge of the Master, who will be 45 required to siga Bills of Lading and/or give receipta for same, an1 will be responsible for receipts given or Bills of Lading signed by the Matee for same.

The Owners will be held responsible for the safe and proper atomage of Gorerument stores. If hired labour is employed for stowage, the expense will be borne by the Admiralty.

The atores will be shipped under the supervision of the Admiralty Officer or Agent at the port, but this will not relieve the 50 Owners of their responsibility for storage.

28. The steamer has liberty to Assist vessels in distress, and to deviate for the purpose of saving life.

All salvage to be for Owners' benefit, bet ship to be doors-l off pay during the times occupied in salvage operations, and cost of coal consumed in such operations and port charges and expenses to be for Owners' account.

29. The Admiralty to have lien on the 'stener for all moneys paid in advance and not earned.

30. Penalty for non-performance of this agreement proved damages.

55

31. Any dispute arising under this Charter shall be referred, under the provisions of the Arbitration Act, 1889, or any Amendment thereof, to the arbitration of two persons, one to be nominated by the Owner and the other by the Admiralty, and should ach Arbitratore be unable to agree, the decision of an Umpire who-n they must elect shall be final and binding upon both parties hereto, and it is further mutually agreed that sach Arbitration shall be a condition precedout to the commencement of 60 any action at law.

32. General average shall be settled according to York-Antworp Rules, 1890, but the Admiralty shall not be called upon to sign bonds or pay deposita, as Owner of British ships have no lion on Clovernment stores and cannot detain them.

33. The steamer shall not be ordered nor proceed to any port where fever or pastilence is prevalent, nor where quarantiae in in force (except at Admiralty risk and expa ise), but the Owners shall be liable for any delay of quarantine arising fro: wieku 65 of the Master or Crew, if the vessel has not been sent to a quarantined port.

34. The wages paid to Crew employed under this Charter Party shall be not less than those current at the port on the date of signing-on.

35. In pursuance of Act 27 Gen. III. Cap. XLV., no Member of the House of Commons is to be admitted to any share or part in this Charter or to any benefit to arise therefrom,

SPECIAL CLAUSES.—COLLIERS.

(Not applicable to Dilera,)

36. Colliere must be supplied with the necessary derricks, winches, &c., complete with the required 24-inch wire whips and other ropes, blocks, and fittings for the speedy and efficient discharge of dargo.

70

In colliers fitted with double derricks and winches, the following gear for coaling whips shall be provided for each pair of 75 derricka:-

Two flexible steel wire 24-inch ropes, each sufficiently long to reach any part of the hold, with either derrick topped over

the collier's bold and the other swung over the reasel being coaled. In addition two spare whips for each pair of derricks should be carried.

Four iron blocks capable of taking 24-inch wire rope and tested to six tons, riz.:-Una block at the heel of each darrick 30

and one (which should be self-lubricating) at the bead.

One swivel cargo hook constructed so as not to catch the coamings, &c.

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