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SS Geo. 3. shall determine by lot which of the said proposals shall be accepted, and the same shall be accepted accordingly, subject to the several provisions in this act contained.

c. 83.

How ships

may be engaged after

Rule 8. It shall be lawful for the court of directors of the said company, if they shall see fit, in the manner and according to the the expiration provisions herein contained, as to hiring ships to be built for the serof their con- vice of the said company, to advertise for proposals for any such ships tracts, § 3. which have performed and completed, or hereafter shall have performed and completed, the contracts by which they were built for the said company, again to be tendered for the service of the said company; and it shall be lawful for the said court of directors again to hire and take up any such ship so tendered for the service of the said company, for an additional voyage, or for such number of additional voyages to and from India or China or elsewhere within the limits of the charter of the said company, as the said court of directors shall see fit, beyond and after the performance of the voyages for which any such ship has been or shall be engaged by any prior contract to serve the said company; provided that all such ships shall be fit or shall be capable of being repaired and made fit to serve the said company for such additional voyage or voyages: provided always, that the peace freight and additional allowance to be paid for any such ship to be taken up for any additional voyage or voyages shall not exceed the rate of peace freight paid for such ships respectively under the last contracts respectively by which they have been engaged in the service of the said company, together with such additional allowance as she might eventually be entitled to under this act, in respect of any voyage for which she might be afloat to proceed upon in time of peace.

War freight, $4.

Tables of prices of

building and outfit, 5.

Rule 9. Besides the peace freight for ships built or to be built and hired or to be hired for the service of the said company, the court of directors of the said company shall be at liberty to make such allowances to the owners of the said ships, from voyage to voyage, in respect of the additional charges, if any, arising to the said owners in time of war or hostilities, or of preparations for war or hostilities, as the said court of directors shall think right and just.

Rule 10. The court of directors of the said company shall cause to be prepared, once in every year, by the master attendant or other proper officers of the said company, tables of the average current prices for the time being of the articles of building and outfit for ships to be engaged in the service of the said company, and tables of the probable total cost and expence of such building and outfit for the several voyages for which any ship shall have been contracted for or hired, distinguishing the probable expence of each voyage of ships of the different sizes actually engaged or which may be engaged in the service of the said company; which tables, when signed by the master attendant or other proper officers of the said company, and when approved and allowed by their court of directors, shall be fairly transcribed and signed by the secretary or assistant secretary of the said company, by order of the said court of directors, and shall be left or hung up in some public office in the East India House, for the perusal and inspection, at seasonable times and in a reasonable manner, of all persons whom it may concern, with liberty for them, at such times and in such manner as aforesaid, to make and take copies and extracts thereof; and the first of such tables or sets of tables shall be made and completed within four months next after June 5, 1818, and afterwards such tables or such sets of tables shall from time to time

be made and completed between the 1st of June and the 1st of 58 Geo. §. October in every year.

c. 83.

coming afloat

Rule 11. From the conclusion of any war or hostilities which may What prices hereafter take place, when any ship which now is or hereafter shall be of outfit ships in the service of the said company, by virtue of any contract made after war to or entered into since 20th Nov. 1815, or hereafter to be made or have, 6. entered into, shall come afloat, to proceed upon any voyage in execution of any such contract in time of peace, then the court of directors shall cause, as to all ships now in the service of the said company, the tables or sets of tables first to be completed, approved, and allowed after June 5, 1818, as hereinbefore mentioned; and as to all ships which shall hereafter be contracted for in time of peace, the tables or sets of tables which shall have been completed, approved, and allowed next immediately before such ships shall have been respectively contracted for; and as to all ships which hereafter shall be contracted for in time of war or hostilities, or of preparations for war or hostilities, the tables or sets of tables which shall have been completed, approved, and allowed next immediately before the commencement of such war or hostilities, or of such preparations for war or hostilities, to be compared with the tables or sets of tables which shall have been completed, approved, and allowed next before such ships shall come afloat in time of peace to proceed on such voyage; and if it shall appear on such comparison that the probable cost of the outfit of such ship for the voyage on which such ship shall be about to proceed shall exceed the amount estimated by the tables or sets of tables with which such comparison shall be made, as the probable cost of outfit of a ship of the same or as nearly as may be of the same size for a similar voyage, by one tenth part of such last-mentioned amount, then the owners of such ship shall be entitled for that voyage to an additional allowance, at a rate which, calculated upon the chartered tonnage of such ship, shall be equal to such probable excess, to be determined finally and conclusively by order of the said court of directors: provided always, that the owner or owners of such ship When abateshall have entered into an agreement with the said court of directors, made. that if upon such comparison as aforesaid the probable cost of the outfit of such ship for such voyage as aforesaid shall be found to fall below the amount estimated by the tables or sets of tables aforesaid by one tenth part of such last-mentioned amount, then the said court of directors shall be at liberty to make an abatement from the freight to which such ship would be entitled under its contract, at a rate which, calculated upon the chartered tonnage of such ship, shall be equal to such probable diminution of cost of outfit; the said abatement to be in like manner determined finally and conclusively by the said court of directors: provided always, that the owners of the several When abateships which are already in the service of the said company ments not to under contracts made since the 20th November, 1815, shall not be entitled to any such additional allowance, nor subject to any such abatement, until after a war or hostilities shall have taken place and have been concluded: provided also, that the owners of ships hereafter to be contracted for in time of peace to enter into the service of the said company shall not be entitled to any such allowance, nor subject to any such abatement, in respect of any voyage to be performed during the continuance of the peace in which the several contracts for such ships shall have been entered into: provided also, that such owners of ships hereafter to be contracted for in time of war or hos

ment to be

be made.

5S Geo. 2. c. 83.

How readybuilt ships

may be taken up in case of unforeseen

tilities to enter into the service of the said company, as shall have entered into such agreement as before mentioned, shall be entitled to a comparison of the costs of their outfits respectively, and to any eventual additional allowance which may become due to them thereupon in respect of every voyage which the said ships shall respectively come afloat to proceed upon in time of peace: provided always, that no additional allowance shall be payable in time of peace to the owners of any ship, by virtue of this act, for any voyage in respect of which the owners of such ship shall be entitled, by virtue of this or any former act, to any payment in respect of any additional charges arising in time of war or hostilities, or of preparations for war or hostilities: provided also, that any time when owners of ships shall not be so entitled to any payment in respect of any additional charges arising in time of war or hostilities, or of preparations for war or hostilities, shall be deemed and considered a time of peace within the meaning of this act: provided always, that the additional charges (if any) which may be incurred by reason of any ship being built during a time of war or hostilities, or of preparations for war or hostilities, shall and may be paid to the owners of such ship, although she may come afloat to proceed on her first voyage in time of peace.

Rule 12. In cases of unforeseen exigency, which cannot be answered conveniently by any ship or a sufficient number of ships in the service of the said company, and which will not admit of delay, it shall be lawful for the said court of directors, or for any one of their several exigency, § 7. governments abroad, to hire any ships which can be procured to answer such exigency; provided that public notice shall be given by advertisement of the ships and tonnage wanted and the service required, 14 days at least previous to the time appointed for taking up the same; and the proposals to be made in pursuance of such advertisement shall be put into a box locked and sealed, which shall not be opened except publicly in a court of directors, or by the governor and council or chief agents of the said company at any place within the limits of the charter of the said company where it shall be necessary to hire any such ship, and then the lowest tender or tenders shall be accepted, without favour or partiality, if it or they shall be deemed reasonable, and if upon a due examination and survey the ships tendered shall appear in all respects fit for the service required: provided always, that the engagement or employment of such ships shall not extend beyond the duration of the particular service for which they shall have been specifically hired.

How ships

may in cases

of unforeseen exigency be

taken up for

one voyage

by private contract, S.

Rule 13. It shall be lawful for the court of directors of the said company, or their said governments abroad, in cases of unforeseen and pressing exigency, to hire and take up by private contract, with or without advertising, any ships whatsoever for any particular purpose; provided that no such ship shall be hired or taken up for more than one voyage, and that the reasons for taking up any such ship at home in less time than 14 days as aforesaid after the publication of an advertisement, be stated in the minutes of the said court of directors, and reported to the court of proprietors that shall next be holden after such hiring and taking up; and that the reasons for taking up any such ship abroad in less time than 14 days after the publication of an advertisement as aforesaid, be stated in the minutes of the proceed ings of the government by which such ship shall be taken up, and be communicated to the court of directors as soon as conveniently may be afterwards.

Transports,

Rule 14. It shall be lawful for the said court of directors of the 58 G-0. 3. said company to hire and take up by private contract, without adver- c. 83. 9. tising, any ships engaged or to be engaged in His Majesty's transport & or other service to carry convicts or stores to New South Wales, the Cape of Good Hope, or Ceylon, or elsewhere within the limits of the charter of the said company, for the purpose of bringing cargoes from China or India, at such rate of freight and demurrage as they shall judge to be reasonable, so as no such ship shall be hired or taken up for more than one voyage.

rectors may

take up ships,

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10.

Rule 15. It shall be lawful for the court of directors of the said Court of dicompany, if they shall see fit, in the manner and according to the provisions herein contained as to hiring ships to be built for the service of the said company, to advertise for, hire, and take up for trade and warfare and any other service, or for trade only, or any specific service, as the said court of directors shall see fit, any ships, whether built expressly for the service of the said company or any other service, and whether new ships which shall not have been then before employed in any service whatsoever, so as the registered measurement of such ships shall not be more than 800 tons, for one voyage, or for a voyage out or a voyage home, as the said court shall think proper, to and from, or to or from any place whatsoever, within the limits of the said company's charter, except the dominions of the Emperor of China.

Rule 16. Nothing in this act contained shall authorize the em- Exceptions, ployment by the said company of any vessel, the registered measure-11. ment of which vessel shall be under the burthen prescribed by 53 Geo. 3. c. 155. (a)

of one lost,

$12.

Rule 17. In case any ship which now is, or which since the 20th Building a November, 1815, hath been, or which hereafter shall be engaged in ship in room the service of the said company, under a contract to serve the said company for six voyages, hath been or shall be lost or captured before the completion of her fifth voyage, if upon a full investigation of the circumstances of such loss by the said court of directors, or some committee thereof, the commander and owners of such ship shall be fully acquitted from all imputation of neglect or misconduct in respect of such loss, in the opinion of 18 directors at least, at a court specially assembled for the purpose of taking the said commander's and the owner's conduct into consideration: provided always, that such vote or resolution of the court of directors shall be reported to a general court of proprietors, and after such report such vote or resolution of the said court of directors shall be confirmed, by way of ballot, by three parts in four of the proprietors assembled in general court specially convened for that purpose, whereof eight days previous notice of the time and purpose of such meeting shall be given in the London Gazette; then if such commander be then living, or if he be dead, then if the chief officer of the said ship be living (having already performed one voyage at least as chief or second officer), and should have exerted himself honourably for the defence and safety of the lost ship, either in fight or distress at sea, and shall be acquitted in manner hereinbefore mentioned from all imputation of neglect or misconduct in respect of such loss, and such acquittal shall also be confirmed in manner hereinbefore mentioned, from all imputation of neglect or misconduct in respect of such loss, and such acquittal shall

(a) See Rule 1 of this title.

58 Geo. 3. €. 83.

To whom command to be given.

Unreasonable contracts,

13.

War marine establishments in

India, 14.

also be confirmed in manner herein before mentioned, then it shall be lawful for the said court of directors, on behalf of the said company, to enter into an agreement with the owners of such ship so lost, or their representatives; or if such owners or their representatives should omit or decline for the space of three calendar months after the said vote of acquittal to enter into such agreement, then it shall be lawful for the said court of directors, on behalf of the said company, to enter into an agreement with any person or persons of sufficient responsibility, and able to give reasonable security, who shall be nominated in writing under the hand of the commander of such lost ship, if such commander be living and able to serve, and if not, then with any person or persons of sufficient responsibility, and able to give reasonable security, who shall be nominated in writing under the hand of the chief officer of such lost ship, if he be living and able to serve, to build another ship of such size as the said company shall have occasion for, to be employed by them for six or more voyages, as shall be agreed by the said court of directors, at the lowest rate of peace freight, with the benefit or such other allowances as are provided or permitted by this act to be paid, which shall be payable in respect of the ship of a similar size, or as near as may be of a similar size, to the ship about to be built, which shall have been contracted for, for six voyages at least, last before the contract for the ship instead of such lost ship shall be entered into: provided always, that such ship so to built instead of such lost ship shall be commanded in the first instance by the captain of the lost ship, if he be living and able to serve, and failing of him, by the said chief officer of the lost ship, if he be living and able to serve; and unless either the commander or chief officer of the lost ship be living and able to serve, when the contract for building a ship instead of the lost ship shall be entered into, it shall not be lawful for the said company or their court of directors to enter into any agreement for building a ship instead of such lost ship, otherwise than by public competition as hereinbefore mentioned.

Rule 18. Nothing herein contained shall extend to oblige the said court of directors, or any of the governments of the said company abroad, upon any occasion, to accept any tender or proposal, which they shall deem to be unreasonable, and for the performance of which reasonable security shall not be given; or to enter into any agreement on any such proposal, although such tender or proposal may be lowest and most advantageous which may be offered; nor shall this act extend to vest in the owners of any ship, or any persons making or offering any tender or proposal, any right or pretension which such owners or persons would not have had if the several provisions hereby repealed or this act had not been passed.

Rule 19. Nothing herein contained shall extend in anywise to relate to any of the vessels belonging to or employed in the marine war establishment of the said company in the East Indies; but it shall be lawful for the said company and their court of directors, and servants abroad, to hire, take up, and employ vessels for those purposes only, in such manner as they shall see fit; nor shall this act extend in any way to prevent the said company or their court of directors, or any of goods by pri- their officers or servants, from causing any goods to be loaded and carried on their account on board any private vessel, though not chartered to or in the service of the said company.

Company consiguing

vate ships.

Rule 20. All the bye-laws and regulations of the said company and

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