Navy lists > Quarterly > 1913 > April

CONVEYANCE OF TREASUEE.
956
And We do hereby further order and direct that the
whole amount of the said freight, when received,
shall be divided into four parts, and subject to the
proviso hereinafter mentioned, distributed as fol-
lows, that is to say: one fourth to the Flag Officer if
any or Flag Officers if more than one on the Station
or in the Squadron to which the Ship receiving
treasure on board may belong ; two fourths to the
Captain or Officer commanding such Ship or Vessel,
who shall give his receipt or sign the bill of landing
for the treasure ; and one fourth to Greenwich
Hospital, for the use of that institution.
That when there shall be more than one Flag Offi-
cer on a Station, the said one fourth part shall be
divided and distributed amongst the several Flag
Officers on the Station, in the following proportions,
viz. : —
If there be but two Flag Officers, the Chief shall
have two third parts of the said one fourth, and the
other shall have the remaining third part ; but if
the number of Flag Officers be more than two, the
Chief shall have only one half, and the other half
shall be equally divided amongst the Junior Flag
Officers ; but if there be no Flag Officer on the
Station, or the Ship or Vessel be not under the
orders of a Flag Officer then that the Captain or
Officer Commanding the Ship or Vessel shall have
three fourths, and Greenwich Hospital one fourth.
Provided that such Flag Officer or Flag Officers
shall not be entitled to claim his or their respective
share or shares in such freight money, otherwise
than on condition that he or they shall, before the
gold, silver jewels, treasure, or other articles as
aforesaid shall be put on board such Ship or Vessel,
have entered or caused to be entered in a public
order book on board the Ship of the Commander-in-
Chief or the Senior Flag Officer commanding on the
Station or in the Squadron to which such Vessel
belongs or delivered to the Captain or Officer com-
manding such ship or vessel, or in case of a Junior
Flag Officer absent from the Commander-in-Chief,
unless such Junior Flag Officer shall have delivered
to the Commander-in-Chief to be entered in the said
order book, an engagement in writing, in form or to
the effect following :—
I, A. #., am desirous of partaking in the ad-
vantages, with the risks attendant thereon,
arising out of the conveyance of treasure under
a contract of affreightment in any of the ships or
vessels in the squadron [or in the particular
ship, as the case may be]. And I hereby engage
to make good to the Captain or Captains, Officer
or Officers, commanding such ships or vessels
respectively [or, ship or vessel, as the case may
be] such part of any loss or damage for which he
or they may be liable in respect to the gold, silver
treasure, or other articles so carried on freight
and which he or they respectively shall have
actually paid and satisfied, as shall be in pro-
portion to the share or interest in the said
freight money to which I may be entitled.
And that such share or shares of the Flag Officer
or Flag Officers as aforesaid, to which he or they
shall not be entitled under the conditions herein-
before expressed, shall go and belong to the Captain
or Officer commanding the ship or vessel in which
the gold, silver, treasure, or other articles shall be
carried on freight as aforesaid,
That in the event of loss or damage which may
happen to the gold, silver, jewels, or other articles
so received for conveyance and which may have been
made good or satisfied by the Captain or Officer
commanding the ship exceeding the total freight
money, Greenwich Hospital shall not be entitled to
receive any sum on account of such freight ; and in
cases in which the said loss so made good or satis-
fled may not amount to the whole of the freight
money, Greenwich Hospital shall be entitled only
to its proportion of the balance of freight money
over and above such loss or damage.
That Commodores, with Captains under them,
and Captains of the Fleet, are to be considered,
agreeably to the rules of the service, as Flag Offi-
cers ; and Commodores, without Captains under
them, shall, with respect to freight, be also con-
sidered asFlag Officers when in command of a Station,
That when the Captain or Commander, or his
agent shall have received the freight, he shall pay
over to the Senior Flag Officer if any and to the
Director of Greenwich Hospital, without delay,
their respective shares, and the Captain shall be
held responsible to both for any loss which may
occur through his neglect or delay in receiving or
paying the same ; hut if there be any question or
difficulty as to the payment he is to apprize the
Senior Flag Officer if any and the Director of Green-
wich Hospital respectively of the causes of suchdelay.
That the Captain or Officer commanding, on re-
ceiving any treasure on board any of Our Ships or
Vessels, shall transmit to the senior Flag Officer,
when such Cnptain or Officer commanding shall be
under a Flag Officer, and in every case to the Director
of Greenwich Hospital, and to the Secretary of the
Admiralty, a return of the amount of such treasure
and of the freiget paid or to be paid thereon.
That when the treasure shall, during the voyage,
be transhipped into one or more ships, the freight
shall be divided, pro rata itineris, among the Flag
Officers and Captains who may be entitled to share
therein, according to the services performed by the
different ships respectively ; and if any difficulty or
dispute shall arise respecting such division or dis-
tribution any party interested therein may refer the
same to the Commissioners for executing the Office
of Lord High Admiral of Our United Kingdom and
the decision or Orders of the said Commissioners or
any two of them, as to such division or distribution,
shall be final and conclusive thereon.
That in order to prevent any doubt or misunder-
standing as to the rate or distribution of freight on
gold, silver, jewels, or other articles as aforesaid
received on board flag ships, or any other of Our
ships and vessels, and to prevent any private agree-
ments inconsistent with these regulations, all Flag
or other Officers are expressly forbidden to receive
on board any of Our ships or vessels any gold, silver,
jewels, or other articles as aforesaid, upon any
agreement or condition as to freight or the payment
or distribution thereof different from these regula-
tions, or to take, demand or receive any sums other
than those established by these regulations. Any
question, as to freight, loss, damage, or any share
thereof, which may arise between any Officers, or
between any Officer or Officers, and the Directors
of Greenwich Hospital, and upon which they do
not agree, shall be submitted to, and decided by,
the said Commissioners or any two of them, and
their determination shall be final and conclusive
upon all persons interested.
That these rules and regulations shall be in force
on and after the first day of October aforesaid and
shall be thenceforth taken and understood to be the
established rule and custom of Our Naval Service,
on the several particulars to which they refer, till
they shall be revoked or other wise altered by any
Proclamation or Proclamations to be issued by Us.
Given at Our Court at Osborne House, Isle of
Wight, this tenth day of August, in the year
of Our Lord One thousand eight hundred
and eighty eight and in the fifty second year
of Our reign.
GOD SAVE THE QUEEN.
Note.— Under former Proclamations the liability
of the Commanding Officer in the event of any loss
of the treasure was restrictod to three fourths of
the amount thereof corresponding to the amount of
freight received by him and the Flag. If it be
desired to preserve this limitation, which however
will be matter of bargain with the Shippers of the
treasure, the following words should be added to
the usual form of Bill of Lading :—
And it is hereby stipulated and agreed between
the said and the Shipper and Owners and
consignees of the said that in case of loss
or damage happening to the said Gold, Silver,
Jewels, or other Articles as aforesaid, the Cap-
tain or Officer commanding such Ship or Vessel
as aforesaid shall not be holden liable or respon-
sible for more than Three-fourths of the amount
o( such Loss or Damage.