by the said companies for transmission and delivery: Provided always, That in respect of telegrams so transmitted in either direction as in this clause aforesaid between any of the places last named or described on the one hand and places to which the company's said system of telegraphs and cables extends other than the colonies on the other hand if and whenever for the time being the ordinary rates of charge therefor shall amount to less than 2s. per word then and in every such case the sums payable by the company under this clause to the Halifax Co. and the Direct Co. in respect of such telegrams as are last hereinbefore described shall be reduced to the same proportion of 4d. or 2d. per word (as the case may be) as the said ordinary rates of charge for the time being bear to 2s. per word. 10. The company shall continue to the colonies free of charge the supply of daily news bulletins daily market quotations information as to the movements of local passenger steamships and other intelligence as heretofore. Preference shall be given in the news bulletins to matters chiefly affecting British and colonial interests. 11. (1) Subject to the express provisions of these presents the company shall in the transmission of telegrams between any of the places mentioned in the third schedule hereto work the said system of telegraphs and cables and every part thereof at all times and in all respects in accordance with and subject to the provisions of the international convention and the international regulations. (2) Subject as aforesaid the said system of telegraphs and cables shall be open for the telegrams of all persons alike without favor or preference. 12. In consideration of the premises the treasury and the Canadian Government shall during the continuance of this agreement and subject to the provisions hereof pay in equal shares to the company a subsidy or sum of £16.000 per annum, (hereinafter called "the Imperial and Canadian subsidy"), and the Crown agents, (for and on behalf of the colonies, respectively, in the respective proportions shown in the second schedule hereto), shall, subject as last aforesaid and subject to the provisions of the laws of the colonies concerned, pay to the company a subsidy or sum of £10,300 per annum, (hereinafter called "the colonial subsidy "). 13. If and whenever satisfactory communication by the company's said system of telegraphs and cables with any one or more of the colonies, respectively, shall be interrupted continuously during a period exceeding one calendar month or, (within 12 calendar months after any such interruption as last aforesaid), during a further period exceeding one week, then and in every such case deductions shall be made from the Imperial and Canadian subsidy and, (unless otherwise provided by the laws of the colonies concerned), from the colonial subsidy, respectively, in accordance with the next following provisions hereof, and the said subsidies shall abate or be reduced accordingly, (that is to say): (1) In respect of an interruption affecting any of the colonies shown in the said second schedule as contributing to the colonial subsidy (a) There shall be deducted, (in the case of each coloney affected), from the colonial subsidy payable in respect of the period of interruption in excess of one calendar month or one week, (as the case may be), a sum bearing the same proportion thereto as the annual contribution, (shown in the said second schedule), of the colony affected bears to £10,300; and (b) There shall also be deducted, (in the case of each colony affected), from the Imperial and Canadian subsidy payable in respect of such period as last aforesaid a sum bearing the same proportion to three-eighth parts of the Imperial and Canadian subsidy so payable as the annual contribution, (shown in the said second schedule), of the colony affected bears to £10,300. (2) In respect of an interruption affecting Jamaica there shall be deducted from the Imperial and Canadian subsidy payable in respect of the period of interruption in excess of one calendar month or one week, (as the case may be), one-eighth part thereof: Provided always, That if during the whole continuance of any such interruption as aforesaid the company shall to the satisfaction of the treasury maintain and secure to the public at rates of charge not exceeding the current rates of charge uninterrupted communication by a system or system of telegraphs or wireless telegraphy, (or both), belonging to or worked by any other cable or telegraph company or companies and taking the place of the interrupted communication, then and in every such case the amount of the deductions made under this clause shall be refunded to the company. 14. If and whenever in any year as from and after the fourth anniversary of the date on which the provisions of this agreement shall have come into operation the company's revenue shall exceed £74,000, there shall be deducted from the Imperial and Canadian subsidy payable in respect of the next following year a sum equal to one-half of such excess, (up to a revenue of £106,000), and if in any such year the said company's revenue shall exceed £106,000, there shall likewise be deducted (in favor of the colonies, respectively, in the proportious specified in the said second schedule) from the colonial subsidy payable in respect of the next following year a sum equal to one-half of such excess over £106,000, (up to a revenue of £126,600), and in the case of such excess over £74,000 or over £106,000 occurring in the last year of the continuance of this agreement the company shall within six calendar months from the expiration thereof repay to the treasury and the Canadian Government and to the Crown agents, respectively, the amounts which would have been deducted from the Imperial and Canadian subsidy and the colonial subsidy, respectively, if this agreement had continued in force for one year longer. 15. (1) The said subsidies shall be paid in London and shall be deemed to accrue from day to day but shall be paid quarterly on the 31st day of March, the 30th day of June, the 30th day of September, and the 31st day of December in each year, the first of such payments to be proportionate only and to be made on the first of such quarter days as shall follow the date on which the provisions of this agreement shall have come into operation. (2) All sums payable by the treasury or the Canadian Government under this agreement shall be payable out of such aids or supplies as may from time to time be appropriated by the Imperial Parliament or by the Canadian Parliament, respectively, for that purpose. 16. The company shall before the 31st day of March in every year send to the treasury, the Crown agents, and the Canadian Government an account showing the whole of the company's revenue for and during the year ending on the preceding anniversary of the date on which the provisions of this agreement shall have come into operation and showing how the same is composed or made up, and such account shall, when required by the treasury, be verified by the production of the traffic accounts of the company and, further, when so required by a statutory declaration of the correctness of such accounts re spectively made by the secretary or traffic accountant or other competent and duly authorized officer of the company. 17. The provisions of this agreement shall come into operation on the first day of the second calendar month following the month in which it shall have been approved by a resolution of the House of Commons of the United Kingdom and shall continue in force for and during the term of 10 years thereafter: Provided always, That in the case of any breach, nonobservance, or nonperformance by the company of this agreement or any covenant matter or thing herein contained it shall be lawful for the treasury if they shall think fit and notwithstanding there may or may not have been any former breach of this agreement by giving notice in writing under the hand of a secretary to the treasury for the time being to determine this agreement, and the company shall not be entitled to any compensation in respect of such determination and such determination shall not deprive any of the parties hereto of any right or remedy to which he or they would otherwise be entitled by reason of any breach or prior breach, noncbservance, or nonperformance as aforesaid. 18. The company shall not assign, underlet, or dispose of this agreement or the benefit thereof, or any part thereof, or their said system of telegraphs and cables or any part thereof without the consent of the treasury, signified in writing under the hand of a secretary to the treasury for the time being. 19. All notices and communications to be given or made in writing to the company under or in connection with this agreement shall be considered as duly given and made by the sending thereof by the post addressed to the company or their secretary at their registered office or at their usual or last-known prin cipal office or place of business in England or Wates or by the leaving any such notices or communications at such registered office or usual or last known principal office or place of business (as the case may be). 20. All disputes or differences arising upon the construction of this agree ment or the rights and obligations arising hereunder or in respect of any of the provisions hereof shall be referred to two arbitrators or their umpire in pursuance of the provisions of the imperial arbitration act, 1889, or any then subsisting modification or reenactment thereof for determination in accordance with the law of England. 21. (1) In view of the provisions contained in the House of Commons (dis qualification) acts, 1782 and 1801, no member of the House of Commons shall be admitted to any share or part in this agreement or to any benefit to arise therefrom contrary to the true intent and meaning of the said acts. (2) No member of the House of Commons of Canada shall be admitted to any share or part of this agreement or to any benefit to arise therefrom. 22. The schedules to this agreement shall be deemed to be part of this agreement in all respects as if the same had been incorporated therein. 23. Nothing herein contained shall impose any personal liability on the Crown agents, or any of them, or on the said George Halsey Perley. 24. This agreement shall not be binding until it has been approved by a resolution of the House of Commons of the United Kingdom. In witness whereof the company have caused their common seal to be hereunto affixed and the remaining parties to these presents have hereunto set their hands and seals the day and year first above written. THE FIRST SCHEDULE ABOVE REFERRED TO PART I.-Former rates between the colonies and Great Britain and British North America PART II.-Former rates between the colonies, inter se 1 The same rates as last above shown in the case of Trinidad, with the addition of the Trinidad Government's charge in respect of the service by wireless telegraphy between Trinidad and Tobago. 1 The same rates as last above shown in the case of Trinidad with the addition of the Trinidad Govern ment's charge for the time being in force in respect of the service by wireless telegraphy between Trinidad and Tobago. WEDGEWOOD BENN. Signed, sealed, and delivered by the above-named William Wedgwood Benn and William Jones, two of the Lords Commissioners of His Majesty's treasury in the presence of— FREDERICK HORWILL, Civil Servant. R. L. ANTRORUS. Signed, sealed, and delivered by the above-named Sir Reginald Laurence Antrobus in the presence of P. EZECHIEL, Secretary to the Crown Agents for the Colonies. Signed, sealed, and delivered by the above-named Sir Maurice Alexander Cameron in the presence of P. EZECHIEL, Secretary of the Crown Agents for the Colonies. Signed, sealed, and delivered by the above-named Sir William Hepworth Mercer in the presence of— P. EZECHIEL, Secretary to the Crown Agents for the Colonies. GEORGE H. PERLEY. Signed, sealed, and delivered by the above-named George Halsey Perley in the presence of CHARLES J. G. DUGDALE, Clerk, General Post Office. The common seal of the West India and Panama Telegraph Co., (Ltd.), was hereunto affixed in the presence of WALTER B. KINGSFORD, J. WINSER, Secretary. An agreement made on the 9th day of September, 1914, between the Cuba Submarine Telegraph Co., (Ltd.), (hereinafter called the Cuba Co.), of the one part, and the West India & Panama Telegraph Co., (Ltd.), (hereinafter called the West India company), of the other part Whereas an agreement between the West India company and His Majesty's treasury and others with regard to the proposals for the reduction of West Indian cable rates has been entered into, a print whereof is hereto annexed. And whereas the Cuba company has agreed to facilitate the carrying out of such agreement by allowing the West India company to open their Jamaica station for the transmission at transit rates of messages between the Direct West India company and the West India company's stations and in consideration also that the Cuba company has waived its claim to its share of the subsidy of £16,000 to be granted to the West India company by the British and Canadian Governments, it is hereby mutually agreed between the said West India and Cuba companies as follows: 1. That subject to the provisions of clause No. 9 in the said agreement with His Majesty's treasury the transit rates to be charged by the West India company at Jamaica on messages exchanged between the Direct West Indian company and the West India company's stations and the local rates to be charged by the Cuba company at Habana on messages exchanged between Habana and the said West India company's stations shall be the same and shall, respectively, in no case be fixed at or subsequently reduced to less than the joint through rates to be charged by the Cuba and West India companies at Habana on messages exchanged between the Western Union Co, and the said West India company's stations. 2. That the West India company will divide with the Cuba company the said transit rates at Jamaica on all transit messages received from or handed to the Direct West India company at Jamaica the same as if the messages had gone over the Cuba company's cables. 3. That in the event of the West India company opening Santiago, Porto Rico, or any other station for the transmission of messages between their stations and any other company connecting North America and Europe the transit rates to be charged at such stations by the West India company on all messages received from or handed to such competing company shall be the same as the said Habana local rates, and in no case less than the said Habana through rates, and shall be divided in the same proportions as if the messages had gone over the Cuba company's cables. |