284

THE NEW ZEALAND GAZETTE.

the Contractors shall be responsible for, the receipt,
safe custody, and delivery of the mails according to
the terms of this contract.

10. The Contractors and all officers of their vessels,
    when employed in the performance of this contract,
    and all seamen and servants of the Contractors,
    shall at all times punctually attend to the orders and
    directions of the said Postmaster-General, and of any
    of the officers or agents of the said Post Office, as to
    the receiving, landing, and delivery of the mails, &c.

11. All sums of money hereinbefore stipulated to
    be forfeited or paid by the Contractors, shall be
    considered as stipulated or ascertained damages, and
    may, at the option of the said Postmaster-General, or
    his successors in office, be deducted and retained by
    him or them, out of any money payable to
    the Contractors under this contract, or payment
    thereof may be entered as a debt due by the
    Contractors to Her Majesty, with full costs of suit.

12. In case of habitual negligence or wilful default
    by the Contractors in the performance of this contract
    the said Postmaster-General, or his successors in
    office, may, by writing under his or their hand or
    hands, give to the Contractors one month's notice of
    an intention to determine this contract, and at the
    expiration of the said month this contract shall end
    and determine accordingly. But the Contractors
    shall be and continue subject to any liability which
    they may have incurred previously to such determi-
    nation, and as though this contract had not been
    determined.

13. Any notice which the said Postmaster-General
    or his successors in office shall require to serve on
    the said Contractors, shall be deemed to be duly
    served when the same is delivered at the office of the
    said Company in Wellington, or to the master of
    either of the said steamships employed or used by
    the Contractors under this contract.

14. For the faithful performance of all the cove-
    nants, stipulations and agreements hereinbefore
    contained, the Contractors bind themselves in the
    sum of four thousand pounds sterling, to be paid to
    our Sovereign Lady the Queen, Her heirs and
    successors, by way of stipulated or ascertained
    damages in manner following, that is to say-The
    sum of two thousand pounds in case of wilful failure
    or default on the part of the Contractors in the due
    performance of this contract or any part thereof, in
    respect of each or either of the said mail services
    hereby contracted for, that is to say-the service
    from New Zealand to Sydney, and the service from
    Sydney to New Zealand.

15. And in consideration of the due and faithful
    performance by the said Contractors of all the
    services hereby contracted to be performed by them,
    the said Postmaster-General, on behalf of the Colony
    of New Zealand, hereby covenants with the said
    Contractors to pay to them, or to their agent in New
    Zealand, for the said services, at the rate of two
    thousand eight hundred and fifty pounds for six
    months, by equal monthly instalments or payments
    of four hundred and seventy-five pounds, at the
    Colonial Treasury in Wellington, on the first day of
    each month, and also the further sum of eight
    pounds for each and every hour during which either
    of the steamships employed under this contract shall
    have been detained at Sydney by the said Postmaster-
    General or his agent, under the provisions of the
    second clause hereof.

16. It is lastly agreed by and between the said
    parties hereto that the service hereby contracted for
    shall commence on the first day of June,
    one thousand eight hundred and sixty-six,
    and shall be carried on, and this contract shall
    continue in force until determined by notice under
    the provisions of the twelfth clause hereof, or until

one of the said parties hereto shall have given to the
other of them two months' notice of an intention to
determine the same, and until the said two months
shall have expired: Provided always that the said
service and contract shall not be determined by such
notice as last aforesaid, before the first day of
December, one thousand eight hundred and sixty-six,
except in the case of habitual negligence or wilful
default hereinbefore provided.

In witness whereof the said parties to these
presents have hereunto set their hands
and seals, the day, month, and year first
hereinbefore written.

JAMES PATERSON,
H. B. BENSON.

Signed, sealed, and delivered by Henry Backerville
Benson, on behalf of the said Panama, New Zealand,
and Australian Royal Mail Company (Limited), in
presence of--

HENRY LAWSON,
Sub-Manager P.N.Z. and A.R.M. Co.

Signed, sealed, and delivered by James Paterson,
Postmaster-General of the Colony of New Zealand,
in presence of--

G. ELIOTT ELIOTT,
Secretary General Post Office,
New Zealand.

General Post Office,
Wellington, 28th June, 1866.

THE following Articles of Agreement with the
Panama, New Zealand, and Australian Royal
Mail Company (Limited), for Inter-Provincial Steam
Postal Services, are published for general information.

JAMES PATERSON,
Postmaster-General.

MEMORANDUM OF AGREEMENT made this first day of
June, one thousand eight hundred and sixty-six,
between the Honorable the Postmaster-General of
New Zealand, of the one part, and the Panama, New
Zealand and Australian Royal Mail Company
(Limited), of the other part:

Witnesseth, that in consideration of the mutual
covenants hereinafter contained, the said parties
hereto, for themselves and their respective successors,
do hereby respectively covenant and agree to, and
with the other of them and their respective
successors, in manner following, that is to say--

1. All other contracts at present subsisting between
   the said parties hereto, for Inter-Provincial Steam
   Postal Services, are hereby cancelled and terminated.

2. From and after the date hereof, and from six
   calendar months thence next ensuing, the said
   Panama, New Zealand, and Australian Royal Mail
   Company (Limited), shall, with one of the after-
   mentioned steamers, viz.: "Phœbe," "Airedale,"
   "Claude Hamilton," "Lord Ashley," or other
   steamer authorized by the said Postmaster-General,
   perform one Postal Service monthly, between
   Auckland and Port Chalmers, via the East Coast of
   New Zealand, according to Time Table hereunto
   annexed, subject to variation of dates, as hereinafter
   mentioned.

3. From and after the date hereof, and for six
   calendar months thence next ensuing, the Panama,
   New Zealand, and Australian Royal Mail Company
   (Limited), shall, with one of the aforementioned
   steamers, or other steamer authorized by the
   Postmaster - General, perform a Postal Service
   monthly, between Manukau and the Bluff, according
   to Time Table hereunto annexed, subject to variations
   of dates, as hereinafter mentioned.