538
THE NEW ZEALAND GAZETTE.

with effective covering for the protection of the
Mails, and properly provided, manned, and equipped
by the Contractors, to the satisfaction of the Post-
master-General or his agent.

6. 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 Post-
   master-General or his agent.

7. 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 proper delivery of the Mails, according
   to the terms of this contract.

8. 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 direction of the Postmaster-
   General, his officers or agents, as to the mode, time,
   and place of landing, delivering, and receiving of
   Mails.

9. The aforesaid steamers shall (weather permit-
   ting) 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
   respective 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
   four pounds per hour: Provided further that if any
   steamer is so detained for a period exceeding twenty-
   four hours, the bonus to be paid shall be at the rate
   of fifty pounds per twenty-four hours.

10. 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,
    weather permitting and accident excepted, sail at
    the appointed time, and an additional sum of ten
    pounds shall be in like manner paid for every delay
    of six 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.

11. By the aforesaid steamers the said Company
    shall provide Cabin passages, accommodation and fare
    (exclusive of wine, spirits, and beer) for Judges
    of the Supreme and District Courts, Members of
    the General Assembly or officers of the General
    Government at a reduction of twenty per cent. from
    the printed scale of charges of the Company 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 pay-
    ment for the same until the expiration of fourteen
    days from and after the termination of each such
    passage.

12. 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.

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 General 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 General Post Office of New Zea-
    land, to determine this agreement without any pre-
    vious notice to the Contractors or their agents, nor
    shall the Contractors 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.

15. For the faithful performance of all the
    covenants, stipulations, and agreements hereinbefore
    contained, the Contractors bind themselves respec-
    tively in the sum of one thousand five hundred
    pounds sterling, to be paid to Our Sovereign Lady
    the Queen, her heirs and successors, by way
    of liquidated or ascertained damages in manner
    following that is to say, the sum of five hundred
    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 and subsidiary Services
    hereby contracted for,-that is to say, the service
    between the Manukau and Port Chalmers, and
    between the Bluff and Auckland.

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 ser-
    vices at the rate of ten thousand pounds per annum
    by equal monthly instalments, or payments of eight
    hundred and thirty-three pounds six shillings and
    eightpence at the Treasury in Wellington, on the
    first day of each month; and, also, such further sum
    for detention of either of the steamships employed
    under this contract at any port by the said Post-
    master-General or his agent, as provided in the ninth
    clause hereof.

17. All notices or directions which the Postmaster-
    General, his officers, agents, or others, are hereby
    authorized to give to the Contractors, their officers,
    servants, or agents (other than any notice of termina-
    tion of this contract), may, at the option of the Post-
    master-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