The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1893-10-31

~ In the event of the operations
proving successful and the vessel
being brought to a safe mooring as
aforesaid, the contractor shall receive
in full compensation for all such ser.
vices and expenditure. the sum OF
nineteen thousand five hundred dol
lars CS19,500), U. S. Gold.
| (3.) Should the operations be un-
successful and the vessel not be
brought to safe mooring as aforesaid,
the contractor shall have no claim
whatever for remuneration, reim-
bursement of expenses; compensation
or otherwise, either against the
master or the vessel or the cargo of
the parties interested therein respect
lively, this agreement being entered
into on the principle of ''no cure no
pay"
a. The contractor shall have the
right to make reasonable use of the
vessels gear, anchors, chains, and
other appurtenances during and for
the purpose Of the operations, free of
costs.
ID The contractor engages that he
will use his utmost endeavOr to COM
plete the operation without loss of
time.
e. The contractor shall have no
claim for compensation or indemnity
in respect of loss or damage to any
steam tug, lighter, appliances or APP
paratus, nor for or in respect of the
death of, or personal injury caused to
any person employed or engaged in
the operations.
"a The contractor undertakes that
no person or persons shall assist or
take part in the operations without
the consent of the said master), other
than those engaged and employed by
him (the contractor), for that pur-
pose.
49, The contractor engages not to
allow any wilful damage to be done to
the vessel, her gear, stores, and mater
ial, except by express permission of
the master.
o. The contractor undertakes that
no material or gear shall be removed
from the vessels side without the
consent of the master, who shall have
opportunity for providing for such
supervision of the property as he may
consider necessary.
(10.) The master enters into this
agreement as agent and acting for the
said vessel and the owners thereof and
binds each of them respectively (but
not himself personality, to the per-
Torrance thereof.
Q1.) The contractor shall have I'M
til Saturday, October 2Sth instant, at
3 o'clock P. NJ, to endeavor to salve
the vessel. If the vessel is not in safe
moorings as aforesaid by that time
this agreement is to then terminate
unless further extended by mutual
consent of the master and the con-
tractor.
12.) The vessel being rudderless,
and therefore helpless afioat, the con-
tractor undertakes that in the event
of his being successful in floating her
he will have ready to take the vessel
in tow when atioat two steam tugs of
sufficient power to be used for the
convoy of the vessel to moorings as
aforesaid.
(13.) And it is further agreed that
in case the contractor shall succeed in
floating said vessel that the operation
of bringing her to safe mooring in
port shall not be conducted without
the supervision of pilot or the har-
Dor master
WITNESS our hands and seals in
Honolulu, this 18th day of October,
1898.
(SigneG. JAMES SToTT,
Master, S. S. "Miowera."
(Signed). ARTHUR MCDOWELL.
IT is FURTHER AGREED that in the
event of the attempt to float the YES
sci being unsuccessful the contractor
will Immediately remove all seows,
punts, and other material from along
side the vessel if called upon to do so
when the time allowed for the oper-
atiOns has terminated
WITNESS our hands and seals this
10Th day of October, 1898.
(Signed). ]. SToTT.
(Signed). A. MCDOWELL.