✨ Mail Contract Clauses




(69)

of any such Vessel or person acting as such
and which shall be deemed a sufficient autho-
rity for such detention Provided always never-
theless that the power so delegated to the said
Naval Commander-in-Chief shall only be ex-
ercised by him under circumstances of ex-
treme urgency or necessity and the nature of
which circumstances shall in every case be
forthwith specially reported by him to the
said Commissioners Commander shall and will make the usual
Post Office Declaration and furnish such
Journal returns and information and perform
such services as the said Commissioners or their
Agent may require

That the said Company shall and will from
time to time and at all times during the conti-
nuance of this Contract make such alterations
or improvements in the construction equip-
ments and Machinery of the Vessels which
shall be used in the performance of this Con-
tract as the advanced state of Science may sug-
gest and the said Commissioners may direct

That Her Majesty's Mails shall be conveyed
in the said Vessels and be delivered and re-
ceived at each of the places to which the said
Vessels are to proceed in the performance of
this Contract and that at each Port or Place
where the said Mails are to be delivered and
received the Agent having charge of her Ma-
jesty's Mails shall whenever and as often as
by him deemed practicable or necessary be
conveyed on shore and also from the shore to
the Vessel employed for the time being in the
performance of this Contract together with or
(if such Agent consider requisite for the pur-
poses of this Contract) without Her Majesty's
Mails in a suitable Boat to be provided and
properly manned and equipped by the said
Company and that the directions of such
Agent shall in all cases be obeyed as to the
mode time and place of receiving and deliver-
ing Her Majesty's Mails

That the said Company shall if required
receive and allow to remain on board each of
the said Vessels so to be and while employed
in the performance of this Contract an Officer
of Her Majesty's Navy or any other Person to
be severally appointed by the said Commis-
sioners to take charge of the said Mails and also
a Servant of the said Officer or Person if re-
quired and that every such Officer or Person
shall be recognised and considered by the said
Company and their Officers Agents and Sea-
men as the Agent of the said Commissioners
in charge of Her Majesty's Mails and as ha-
ving full authority in all cases to require a
due and strict execution of this Contract on
the part of the said Company their Officers
Servants and Agents and to determine every
question whenever arising relative to proceed-
ing to Sea or putting into Harbour or to the
necessity of stopping to assist any vessel in
distress or to save human life and that the
decision of such Officer or Person as aforesaid
shall in each and every such case be final and
binding on the said Company unless the said
Commissioners on appeal by the said Company
shall think proper to decide otherwise but it is
understood that the above expression " to de-
termine" every question shall not confer
upon such Officer or Person the power of com-
pulsion in such cases

That if any Vessel employed in the per-
formance of this Contract having Her Ma-
jesty's Mails on board shall stop linger or de-
viate from the direct course on her voyage ex-
cept from stress of weather accidents or when
authorised as aforesaid or shall delay starting
as the proper time or shall put back into Port
after starting without the sanction in each
and every case of the Agent authorised to
have the charge of the said Mails or when so
sanctioned to put back into Port shall not
again start and proceed direct in the perform-
ance of the service hereby contracted for when
and so soon as required by the said Agent
then and in every such cases and as often as
the same shall happen the said Company shall
and will forfeit and pay unto Her Majesty Her
Heirs and Successors the sum of Β£500 and also
the further sum of Β£500 for every successive
period of 12 hours which shall elapse until
such Vessel shall proceed direct on her voyage
in the performance of this Contract

That a suitable Berth with appropriate bed
bedding and furniture shall at the cost of the
said Company be provided and appropriated
by them for and to the exclusive use and for
the sole accommodation of such Agent of the
said Commissioners and also a proper and con-
venient place of deposit on board with secure
Lock and Key for Her Majesty's Mails and
that each and every of the said Agents shall
be victualled by the said Company as a Chief
Cabin Passenger without any charge being
made for the same and that should all or any
of such Agents require a Servant such Ser-
vant shall also be provided with a proper and
suitable berth and be duly victualled whilst on
board by and at the cost of the said Com-
pany without any charge being made for the
same and should the said Commissioners deem
it expedient to place the said Mails and Des-
patches in charge of the Master or Comman-
der of the Steam Vessel the said Master or

But the said Company are not to be liable to
any Penalties under this Contract for any
matters arising from circumstances over which
they and their Servants had not and could not
have had any controul and which shall be so
proved to the satisfaction of the said Com-
missioners

That every Agent authorised to have the
charge of the said Mails shall either alone or
with such other persons as he may consider
necessary have full power and authority as often
as he may deem it requisite to examine and
survey in such manner and with the assistance
of such persons as he may think proper any of
the Vessels employed or to be employed in
the performance of this Contract and the Hulls
Machinery equipments and Crews thereof on
his giving reasonable notice in writing to the
Master for the time of the Vessel about to be
examined or to the person acting as such of
such his intention and if any defect or defi-
ciency be ascertained and Notice thereof in



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1846, No 14


NZLII PDF NZ Gazette 1846, No 14





✨ LLM interpretation of page content

πŸš‚ Publication of Agreement for Conveyance of Her Majesty's Mails by Pacific Steam Navigation Company (continued from previous page)

πŸš‚ Transport & Communications
20 September 1846
Mail service, Steam Vessels, Pacific Ocean, Panama, Callao, Valparaiso, Contract, Pacific Steam Navigation Company