THE NEW ZEALAND GAZETTE. 227

cases be obeyed as to the mode, time and place of
receiving and delivering such Mails.

9. The contractors and all commanders and other
   officers of the vessels employed in the performance
   of this agreement, and all agents, seamen, and
   servants of the Company shall at all times punctually
   attend to the orders and directions of the Postmaster
   General, his officers or agents, as to the mode, time,
   and place of landing, delivering, and receiving of
   Mails.

10. The sum of one hundred pounds shall be paid
    by the contractors to the Postmaster-General if on
    any occasion either of the said steamships shall not
    sail at the appointed time, and an additional sum of
    one hundred pounds shall be in like manner paid for
    every delay of twenty-four hours in sailing after the
    appointed time ; and the sum of two hundred pounds
    shall be in like manner paid whenever either of the
    said steamships shall not call at the Bluff Harbour,
    unless prevented from doing so by tempestuous
    weather.

11. If the contractors shall fail in any month to
    deliver the homeward mails to the European mail
    contract steamship at Melbourne, before her depar-
    ture from that port with her homeward mails, the
    contractors shall pay to the Postmaster-General the
    sum of three hundred pounds, in addition to any
    other penalties which they may become liable to under
    these presents.

12. If there be no Post-office agent or clerk on
    board, the masters of the said steamships shall, with-
    out charge to the Government, take care of, and the
    contractors shall be responsible for, the receipt, safe
    custody, and delivery of the Mails, according to the
    terms of this contract.

13. The contractors shall not assign, underlet or
    dispose of this agreement, or any part thereof, with-
    out the consent of the Postmaster-General, signified
    in writing under his hand or under the hand of the
    Secretary of the Post Office of New Zealand; and
    in case of the same or any part thereof being
    assigned, underlet, or otherwise disposed of, or of
    any gross or habitual breach of this agreement, or
    any covenant, matter or thing herein contained on
    the part of the contractors, their officers, agents or
    servants, and whether there be or be not any penalty
    or sum of money payable by the contractors for any
    breach, it shall be lawful for the Postmaster-General,
    if he shall think fit (and notwithstanding there may or
    may not have been any former breach of this contract),
    by writing under his hand or under the hand of the
    Secretary of the Post Office of New Zealand, to
    determine this agreement without any previous notice
    to the contractors or their agents, nor shall the con-
    tractors be entitled to any compensation in respect
    of such determination.

14. All sums of money hereinbefore stipulated to
    be forfeited or paid by the contractors, shall be con-
    sidered as stipulated or ascertained damages, and
    may at the option of the Postmaster-General be
    deducted and retained out of any money payable to
    the contractors under this contract, or judgment for
    the amount as upon a debt due by or from the con-
    tractors to Her Majesty, together with full costs of
    suit, may thereupon be entered up in the Supreme
    Court of New Zealand.

15. For the faithful performance of all the
    covenants, stipulations, and agreements hereinbefore
    contained, the contractors bind themselves respec-
    tively, in the sum of two thousand five hundred
    pounds sterling, to be paid to our Sovereign Lady
    the Queen, her heirs and successors, by way of
    stipulated or ascertained damages, in manner follow-
    ing, that is to say, the sum of one thousand two
    hundred and fifty 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 Melbourne, and the service from
    Melbourne to New Zealand.

16. 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,
    their executors and administrators, to pay to them,
    or to their agent in New Zealand, for the said services,
    at the rate of six thousand pounds per annum, by
    equal monthly instalments, or payments of five
    hundred pounds, at the Treasury in Wellington, on
    the first day of each month; and, also, the further
    sum of four pounds for each and every hour during
    which either of the steamships employed under this
    contract shall have been detained at Melbourne by
    the said Postmaster-General, or his agent, under the
    provisions of the fourth clause hereof.

17. That all notices or directions which the Post-
    master-General, his officers, agents or others, are
    hereby authorized to give to the contractors, their
    officers, servants, or agents (other than any notice of
    termination of this contract), may, at the option of
    the Postmaster-General, his officers, agents, or others,
    either be delivered to the master of any of the said
    vessels or other officer or agent of the contractors in
    the charge or management of any vessel employed in
    the performance of this agreement, or left for the
    contractors at their usual or last known office or house
    of business in Wellington; and any notices or
    directions so given or left shall be binding on the
    contractors: Provided always that any notice of
    termination of this contract shall be served on the
    contractors, their officers, servants or agents, at their
    office in Wellington.

18. It is lastly agreed by and between the said
    parties hereto, that the service hereby contracted for
    shall be carried on, and shall continue in force until
    determined by notice, under the provisions of the
    thirteenth 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 September, one
    thousand eight hundred and sixty-seven, except in
    the case of habitual negligence, or wilful default, as
    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.

In witness whereof the said Postmaster-
General, and Henry Baskerville Benson,
General Manager of the said Company,
and for and on behalf of the Company,
have hereunto set their hands and seals
the day, month, and year first above
written.

JOHN HALL,
H. B. BENSON.

Signed, sealed, and delivered by John Hall, Post-
master-General of the Colony of New Zealand, in
presence of

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

Signed, sealed, and delivered by Henry Baskerville