659434-1889-Mail-Contract-Canadian-line — Page 15

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THE HONGKONG GOVERNMENT GAZETTE, 21ST SEPTEMBER, 1889.

789

7. If any vessel subject to this Agreement is sold by the Company to any British shipowner. approved by the Admiralty such vessel shall notwithstanding such sale remain subject to this Agree- ment and shall be sold subject to the provisions thereof and the purchaser thereof shall be bound by all the said provisions as if the purchaser were a party to this Agreement Provided always that on any such sale the Admiralty may upon receiving notice thereof give notice to the Company or to the purchaser that they release the vessel so sold from this Agreement and in that case this Agreement shall cease to take effect in regard thereto.

8. The Company agree to employ as far as possible members of the Royal Naval Reserve in the complement of crew of the vessels subject to this Agreement and they further agree to facilitate by special agreement in the ship's articles or otherwise the securing as far as possible of the services to the Admiralty of such European members of the crew as are not members of the Royal Naval Reserve in the event of any vessel subject to this Agreement being hired as an armed cruiser or transport.

9. The Admiralty shall have the right of inspecting the vessels subject to this Agreement. once in every year to see that such vessels are in thoroughly seaworthy condition and if the Admiralty are of opinion on any such inspection that such condition is not maintained in the case of any vessel the Admiralty show give notice to the Company to that effect and the Company shall forthwith at their cost and chart put any vessel to which such notice relates into such condition as aforesaid.

10. The Admiralty shall have the right on giving notice to the Company of their intention so to do to take possession of any vessel which they require to purchase on hire under the provisions of this Agreement immediately on the arrival of such vessel at Vancouver or Hong Kong (as the case may be) from the voyage on which such vessel shall then be engaged at the time of the receipt by the Company of sich notice.

11. Any vessel hired by the Admiralty under the provisions of this Agreement shall during the period of such hire be subject to the following conditions namely:-

1. All risk and expense of ship and stores shall be borne by the Admiralty from the date on which the Admiralty provide the officers and crew but the Company shall leave on board the equipment required by the Regulations for Her Majesty's Transport Service which equipment shall be returned by the Admiralty or paid for on the termination of the service fair wear and tear excepted.

2. The Admiralty shall have the right to alter or remove any or all of the fittings or arrangements on board any vessel hired by them and to erect new fittings on such vessel provided that such vessel shall be given up to the Company in as good condition and fitted up as she was when taken by the Admiralty fair wear and tear alone excepted. 12. The Company shall be allowed seven days at the stipulated rate of hire for any vessel hired under this Agreement for taking down cabin fittings not required by the Admiralty and 10 days at the same rate at the termination of the service for replacing these fittings the work of dismounting dismantling and reinstating to be performed by the Company at the expense of the Admiralty If the Company shall neglect or refuse to perform the same then the work may be done by the Admiralty.

13. The hire for the vessels shall be paid monthly in advance that is to say immediately on the Admiralty taking over any vessel subject to this Agreement on hire the Company shall be entitled to receive a bill for one calendar month's hire according to the rates for tonnage hereinbefore specified provided the vessel so hired be then in the condition in which the Company have agreed to keep her and if such vessel is not in such condition then the Company shall be entitled to such bill as soon as such vessel is put into such condition which shall be done by the Admiralty at the expense of the Company and at the commencement of each month after such first payment during the continuance of such vessel in the service of the Admiralty the Company shall be entitled to receive a further bill for one month's hire all which aforesaid payments shall be made in England by bills payable at sight by Her Majesty Paymaster General Provided always and it is hereby agreed and declared that if at any time or times hereafter it shall be made to appear to the Adiniralty that any delay has been caused or accrued by breach of orders or neglect of duty on the part of the Company or the servants under its control or that the vessel so hired has become unfit for the purposes of the Admiralty from any defect deficiency breach of orders or from any cause whatsoever which the Company could by the performance of their proper duty under this Agreement have avoided then and in every such case it shall be lawful for the Admiralty to retain in arrear the said pay payable in respect of the then next succeeding month and to put the said vessel out of pay or to make such abatement by way of mulet out of the hire of the said vessel then next payable as they shall adjudge fit and reasonable or by themselves or by any officer authorised by them to dismiss from the said vessel the master or any of the ship's company found by them or by the authorised officer to be in default and at the cost and charge of the Company to appoint others in place of those so in default at the Company's usual rate of pay.

14. The Admiralty shall (but subject and without prejudice to the provisions of the last preceding Clause) be entitled to terminate the hire of any vessel subject to is Agreement by bringing such

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