"ملف 28/2 الحرب. الاختصاص القضائي للسفن المغتنمة في دول الخليج العربي" [ظ‎‎٣‎٦] (٢٩٢/٧٢)

62
O. XI. r . 3
No. 26.
Contract for Sale of a Ship.
P ^: e 0 lZ C £ mmis ,f °, n ° f Sale from the (be™ fill in the name of the
Que Conn), the ship called the now i y i„ g
I.-
f Particulars of which ship’s registry are as follows, viz. (Set out tar- \
t.culars exactly as tn Bill of Sale, No. 25 (ii), supra.) ' F
Is exposed to Sale on the Conditions following:
-The buyer is to sign the agreement to purchase and to take the !
said ship, her tackle, apparel, furniture and stores including
machinery and appurtenances, with all faults, in the condition
m ." hich they he, without any allowance or abatement for I
weights, lengths, qualities, quantities, errors of description, or
any defects or injuries whatsoever, and neither the age, tonnage !
< escription of the ship, nor the description of the machinery,’
appurtenances and stores, as expressed in the inventories or
printed particulars, are warranted.
—The buyer is immediately to pay to
the Marshal, or to his substitute, one part
of the purchase-money and the remainder thereof within
days in cash, to the said Marshal, and upon
such payment of the remainder of the purchase-money
e k e put into possession of the said ship, her tackle
apparel and furniture, including machinery and appurtenances
as afore-mentioned. But in case of non-payment of the
remainder of the purchase-money, within such time, the deposit
aforesaid of one part shall be and is hereby declared to
be forfeited, and the said ship, her tackle, apparel and furniture
including machinery and appurtenances, may again be exposed
to, and sold at public or private sale, and the deficiency,
if any, by such re-sale, shall be made good by the defaulter
at this sale, together with the expenses attending such re-sale;
and neither the Honourable the Judge, the Marshal, any other
officer of the said Court, nor the auctioneers, shall be sued at
wiu 6 Said m ° ney paid in P art > and forfeited as aforesaid;
but the buyer so neglecting shall be liable for all loss, costs and
damages which may arise thereby.
III.—If delivery of the property to an agent is required, such agent
must produce the buyer’s written authority to that effect, duly
signed, and addressed to the Marshal. ^
IV.
-In order to prevent detention of the ship for non-payment of
Tua/* dues \ the buyer must give three days’ notice to
tae Marshal, or auctioneers, of the day on which he will complete
the purchase. ^
V.—The buyer (if he requires it) may have the Marshal’s bill of sale
tor the said ship.
V I. The ship will be at the risk of the buyer immediately after he
receives an order for the delivery thereof.
5 , '
Lastly. If any question arises at the auction as to who is the buyer of the
said ship, the Marshal, or his aforesaid substitute, is to deter
mine the same. Not less than pounds (or dollars,
or as the case may he), to be advanced at each bidding.