β¨ 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.
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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. -
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. -
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. -
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. -
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. -
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. -
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.
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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. -
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. -
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. -
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. -
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. -
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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β¨ LLM interpretation of page content
π
Continuation of Agreement for Conveying Her Majesty's Mails by Steam Navigation Company
(continued from previous page)
π Transport & Communications16 August 1867
Mail service, Steam vessels, Contract clauses, Postmaster-General, Port services, Penalties
NZ Gazette 1867, No 55