THE NEW ZEALAND GAZETTE. 379
unfit as aforesaid this Contract shall at the
option of the said Postmaster-General be void
and at an end.
13. That in case the "Aldinga" or such
other ship or vessel shall not be ready to depart
or shall not on the Mails being delivered to her
actually depart at the times hereinbefore ap-
pointed or any of them or shall be delayed from
any cause beyond the time hereinbefore ap-
pointed for departure of the Mails the said
James McMeckan and John Hutchison
Blackwood shall forfeit and pay to the said
Postmaster-General the sum of One Hundred
Pounds for every day of twenty-four hours
and so in proportion for every fraction of a day
and in case of the departure of the English
Mail for Point de Galle before the arrival of
the "Aldinga" or such other ship or vessel as
aforesaid in Port Phillip Bay shall also forfeit
and pay in every such last-mentioned case the
full sum of Three Hundred Pounds Provided
that the whole of the sums so to be forfeited
as aforesaid in respect of any one voyage shall
not exceed Five Hundred and Fifty Pounds
and the above sums shall be and they are hereby
declared to be liquidated damages and not
penalties provided that no such penalty as
aforesaid shall be enforced in any case or cases
in which delay or loss shall arise from any
cause over which they the said James
McMeckan and John Hutchison Blackwood
had and could have no control or means of
prevention.
14. That in case any alteration shall take
place in the times now fixed for the arrival and
departure of the Peninsular and Oriental Com-
pany's mail ships at and from Melbourne
aforesaid the Postmaster-General of New
Zealand shall be at liberty if he think fit from
time to time to alter the days of departure and
arrival of the "Aldinga" or such other vessel
as aforesaid and on his giving two months' notice
to the said James McMeckan and John
Hutchison Blackwood in manner hereinafter
mentioned of his desire so to do they shall at
the time or times mentioned in such notice
cause the required alterations to be made
Provided that no such alterations as aforesaid
shall be made having the effect of causing less
than eight days or more than ten days to inter-
vene between the time of departure on the
said service from Melbourne and the succeeding
departure on the same service from Port
Chalmers.
15. That the said James McMeckan and
John Hutchison Blackwood shall at all times
keep an agent in New Zealand for the purpose
of receiving all notices to be given as aforesaid
and of receiving payments and all communi-
cations and making any necessary arrangements
in relation to the service hereby contracted for.
16. That the said James McMeckan and John
Hutchison Blackwood shall do and execute and
find and provide all acts matters and things to
be done and executed found or provided in
pursuance of their covenants hereinbefore con-
tained at their own sole expense and costs and
the amounts to be paid to them as hereinafter
mentioned shall be deemed to be in full
satisfaction therefor.
17. And in consideration of the premises the
said Postmaster-General for and on behalf of
the said colony of New Zealand (but so as not
to bind himself personally) doth hereby cove-
nant with the said James McMeckan and John
Hutchison Blackwood that the said colony of
New Zealand shall from time to time pay or
cause to be paid to the said James McMeckan
and John Hutchison Blackwood or their
assigns or the survivor of them or the executors
administrators or assigns of such survivor for
the services aforesaid the sum of Thirteen
Thousand Pounds per annum in twelve equal
monthly portions to be paid at the Sub-
Treasury at Dunedin in New Zealand on the
application of the person or persons entitled
thereto together with the further sum of Two
Hundred Pounds for each detention of the ship
employed under this contract under the provi-
sions of the second clause hereinbefore con-
tained.
18. And for the due and faithful performance
of all and singular the covenants provisos
clauses articles and agreements hereinbefore
contained and which on the part and behalf of
the said James McMeckan and John Hutchison
Blackwood their officers agents or servants are
or ought to be observed performed fulfilled
and kept the said James McMeckan and John
Hutchison Blackwood do hereby bind them-
selves and their successors unto Her Majesty
the Queen in the sum of two Thousand Pounds
sterling to be paid to Her Majesty Her heirs
or successors by way of stipulated or ascertain-
ed damages hereby agreed upon between the
said Postmaster-General and the said James
McMeckan and John Hutchison Blackwood in
case of any wilful breach neglect or default on
the part of the said James McMeckan and
John Hutchison Blackwood or either of them
of all or any of the covenants hereinbefore
contaiaed on their part.
In witness whereof the said parties to
these presents have hereunto set
their hands and seals the day and
year first hereinbefore written.
JAMES MCMECKAN L.S.
JOHN HUTCHISON BLACKWOOD L.S.
CROSBIE WARD L.S.
Signed sealed and delivered by the said
James McMeckan John Hutchison
Blackwood and Crosbie Ward in the
presence of
MATTHEW W. TAYLOR
No. 107 Collins Street West Mel-
bourne Solicitor.
JOHN LORD
Clerk to Messrs Bennett and Taylor
Solicitors Melbourne.
Printed and Published by W. C. WILSON, for the New Zealand Government, at the Printing Office
Shortland Crescent.