'File 379/1906 Railways: Aden; railway construction in Aden hinterland; Aden-Lahej Railway' [‎69r] (142/308)

Signed at Dar-el-Amir in the bungalow of the Sultan of Lahei in the
presence of the respectable witnesses who attested it as under on the followin'*
ClaLc I
21st January 1905.
c
Translation of the Original Arabic Agreement.
Praise be to God alone.
We the undersigned Hormusjee Cowasjee Dinshaw and partners who carry
on trade in Aden under the name of Messrs. Cowasjee Dinshaw and Brothers
do solemnly affirm that we voluntarily agreed to conclude agreement No. Jj
dated with His Highness the Sultan Ahmed Fadthl Mohsin of
Lahej to construct a railway in his limit from Dar-el-Amir to the terminus
of his frontier in direction of the Haushabi. And whereas we have agreed
with his son Ali bin Ahmed Fadthl on behalf of himself and his brothers
Fadthl and Abdul Hamid sons of Sultan Ahmed Fadthl the aforesaid to
admit them as partners with us in the aforesaid railway by equal shares i.e. the
three of them shall have half and we the other half this agreement is therefore
written and we hereby solemnly bind ourselves for keeping the aforesaid
partnership with them. They therefore are our partners under the following
conditions:—
No. 1.
Sultan Ali bin Ahmed Fadthl and his brothers agreed to pay us seventy-
five thousand rupees Indian silver coin also widely used in the Persian Gulf. out of their share i.e. half the amount in the cost of the
aforesaid railway and the expenses for building, and we agreed to accept the
same and to advance on their behalf the balance of the remaining half of the
cost of railway and the expenses for building it and that we shall not charge
them interest thereon either at present or in future the payment of Its. 75,000
to be paid in three instalments.
No. 2.
We undertake to Sultan Ali bin Ahmed Fadthl and his brothers shall on
completion of the railway show them the amount of their half share so that
they may know the sum we have paid on their amount in half of the cost and
expenses of the railway.
No. 3.
We agree to Sultan Ali bin Ahmed Fadthl and his brothers that on
working of the railway to deduct 70 per cent, out of the profit accruing from
their half share and to pay them every six months the balance of
30 per cent, until we recover the full amount we paid on their behalf towards
their half share. Thereafter they are entitled to the full amount of profit
which they can receive every six months.
No. 4.
We undertake to Sultan Ali bin Ahmed Fadthl and his brothers to render
him account showing the amount of profit half-yearly and that they can
whenever they wish appoint some one they approve to see and examine the
account etc. on their behalf.
No. 5.
We undertake to Sultan Ali bin Ahmed Fadthl and his brothers that
should any loss occur in the work of the railway owing to any cause or we
wish to abandon it for a commercial or whatever cause necessitating its abolish
ing or stoppage before the liquidation of the amount we paid on account of