✨ Mail Service Contract Clauses




406
THE NEW ZEALAND GAZETTE.

service, which shall be sent by or to or from the Post
Office, are agreed to be comprehended), which shall
at any time and from time to time, by the Postmaster-
General for the time being of the said Colony,
hereinafter styled the Postmaster-General, or any of
his officers or agents, be required to be conveyed,
provide, and keep seaworthy, and in complete repair,
for such conveyance, once each way in each calendar
month between Manukau and the Bluff, and between
Auckland and Port Chalmers, a sufficient number of
good, substantial, and efficient steam vessels for the
said services.

  1. The vessels to be employed under this agree-
    ment shall be always furnished, while in actual use,
    with all appropriate and necessary machinery,
    engines, apparel, furniture, stores, tackle, boats, fuel,
    lamps, oil for lamps and engines, tallow, provisions,
    anchors, cables, fire pumps, and other proper means
    for extinguishing fire, lightning conductors, charts,
    chronometers, proper nautical instruments, medicines,
    and whatsoever else may be requisite for equipping
    the said vessels, and rendering them constantly
    efficient for the service hereby agreed to be performed;
    and also manned and provided with competent officers,
    and with a sufficient number of efficient engineers,
    and a sufficient crew of able seamen and other men,
    to be in all respects, as to vessels, engines, equip-
    ments, officers, engineers and crew, subject in the
    first instance, and from time to time, and at all times
    afterwards, to the approval of the Postmaster-
    General, or of such other competent person or
    persons as he shall at any time or times, or from
    time to time, authorize to inspect and examine the
    same.

  2. From and after the date hereof, and for six
    calendar months thence next ensuing, the said con-
    tractors shall perform one Postal Service monthly
    between Auckland and Port Chalmers via the East
    Coast of New Zealand, according to Time Table to
    be furnished by the Postmaster-General, subject to
    variation of dates as hereinafter mentioned.

  3. From and after the date hereof, and for six
    calendar months thence next ensuing, the said con-
    tractors shall perform one Postal Service monthly
    between Manukau and the Bluff, according to Time
    Table to be furnished by the said Postmaster-General,
    subject to variation of dates as hereinafter mentioned.

  4. The contractors shall respectively land ship
    and tranship all Her Majesty's Mails at the
    respective ports of call (except at the port of New
    Plymouth) free of charge other than the payments
    hereinafter mentioned, and such respective services
    shall be performed in boats seaworthy and suitable
    for the purpose, furnished with effective covering for
    the Mails, and properly provided, manned, and
    equipped by the contractors to the satisfaction of the
    Postmaster-General or his agent.

  5. A chief cabin passage, free of cost either for
    passage or victualling, in each of the steamships
    employed under this contract, shall be provided on
    all occasions when required by the Postmaster-
    General for an officer of the New Zealand Post
    Office; and, also, a safe and proper place of deposit
    for the Mails, to the satisfaction of the said Postmaster-
    General.

  6. If there be no Post-office agent in charge of
    the mails forwarded by the said steam vessels, 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.

  7. 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.

  1. The aforesaid steamers shall (weather permitting)
    proceed on their respective voyages from the different
    ports at noon, or as near thereto as the tide will
    permit, on the respective dates mentioned in the Time
    Tables to be furnished by the Postmaster-General,
    or on such other dates or hours as may be fixed as
    hereinafter mentioned, and shall not in their respec-
    tive voyages between the said ports exceed the time
    allowed by the said Tables: Provided always, and it
    shall be lawful for the said Postmaster-General or
    his authorized agent at either of the said ports to
    detain either of the said steamers for the period of
    twenty-four hours without payment, but if notice of
    such detention is not given at least three hours before
    the appointed time for sailing, the contractors shall
    be entitled to payment of a sum of five pounds, and
    the said Postmaster-General or his authorized agent
    at either of the said ports shall have power to detain
    either of the said steamers for such further time as
    he shall think proper, on payment of a bonus of fifty
    pounds per day, not exceeding three days.

  2. The sum of fifty 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 fifty
    pounds shall be in like manner paid for every delay
    of twenty-four hours in sailing after the appointed
    time; and the sum of one hundred pounds shall be in
    like manner paid whenever either of the said steam-
    ships shall not call at any port as duly required in
    fulfilment of this agreement, unless prevented from
    doing so by tempestuous weather.

  3. By the aforesaid steamers the said Company
    shall provide cabin passages, accommodation and fare
    (exclusive of wine, spirits, and beer) for Members of
    the General Assembly or Officers of the General
    Government at a reduction of twenty per cent. from
    the scale of charges set forth in the schedule hereto
    annexed for each such passenger, when required so
    to do by the Postmaster-General or his authorized
    agent at either of the said ports, but shall not be
    entitled to payment for the same until the expiration
    of fourteen days from and after the termination of
    each such passage.

  4. The said Postmaster-General shall be at liberty,
    on reasonable notice, so often as he shall think fit, to
    alter the dates of sailing mentioned in the Time
    Tables hereinbefore alluded to.

  5. 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
    contractors be entitled to any compensation in respect
    of such determination.

  6. All sums of money hereinbefore stipulated to
    be forfeited or paid by the contractors, shall be con-
    sidered as stipulated or ascertained damages, and



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1867, No 55





✨ LLM interpretation of page content

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

πŸš‚ Transport & Communications
16 August 1867
Mail service, Steam vessels, Contract clauses, Postmaster-General, Port services, Penalties