THE NEW ZEALAND GAZETTE.
237

when required by the Postmaster-General for an agent
of the New Zealand Post Office; and also a safe
and proper place of deposit for the Mails, and proper
accommodation, to the satisfaction of the Postmaster-
General, for enabling the Mails to be sorted on
board each of the steamships to be employed under
this contract, and the crew of each of the said
vessels shall assist in conveying the Mails between
the Mail Room and the Sorting Room whenever it
may be necessary, under the direction of the Mail
Agent herein mentioned.

8. At each port, the Agent of the New Zealand
   Post Office shall, whenever and as often as by him
   shall be deemed practicable and necessary for the
   public service, be conveyed on shore, and also
   from the shore to the vessel employed for the time
   being in the performance of this agreement,
   together with or (if such officer shall consider it
   requisite for the purposes of this agreement so, to
   do) without Mails, in a suitable and seaworthy boat
   of not less than four oars, to be furnished with
   effectual covering for the Mails, and properly pro-
   vided, manned, and equipped by the Contractors,
   and the directions of such officer shall in all 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 ser-
   vants of the Contractors, 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 Contractors shall not, nor shall any of
    the masters, officers, seamen, or other servants of
    the Contractors on any of the vessels employed or
    to be employed under this agreement, receive, or
    permit to be received, on board any of the vessels
    employed under this agreement, any letters for
    conveyance other than those duly in charge of the
    said Mail Agent, or other person authorized to have
    charge of the said Mails, or which are or may be
    privileged by law; and the said Mail Agent, or other
    person, shall report to the Postmaster-General any
    default in these respects; and in case of any such
    default, the Contractors shall be liable to be proceeded
    against for a breach of this agreement.

11. 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 four pounds per hour after the first twenty-four
    hours shall be in like manner paid for every delay
    in sailing after the expiration of such first period of
    twenty-four hours; and the sum of two hundred
    pounds shall be in like manner paid whenever either
    of the said steamships shall not call at Hokitika,
    unless prevented from doing so by tempestuous
    weather.

12. 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.

13. If there be no Post-office Agent on board, the
    masters of the said steamships shall, without 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.

14. 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 of
    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.

15. 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
    Contractors to Her Majesty, together with full costs
    of suit, may be entered up thereon in the Supreme
    Court of New Zealand.

16. For the faithful performance of all the
    covenants, stipulations, and agreements hereinbefore
    contained, the Contractors bind themselves respec-
    tively, and their respective heirs, executors, and
    administrators, in the sum of two thousand pounds
    sterling, to be paid to Our Sovereign Lady the Queen,
    her heirs and successors, by way of stipulated or ascer-
    tained damages in manner following: that is to say,
    the sum of one 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 Melbourne, and the
    service from Melbourne to New Zealand.

17. 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 Government of
    New Zealand, hereby covenants with the said Con-
    tractors, their executors and administrators, to pay
    to them, or to their agent in New Zealand, for the
    said services at the rate of six hundred pounds for
    the complete double service from Melbourne to
    Wellington and from Wellington again to Melbourne,
    at the Treasury in Wellington, on the first day of
    each calendar month; and, also, the further sum of
    four pounds for each and every hour during which
    either of the steamships employed under this con-
    tract shall have been detained at Melbourne by the
    said Postmaster-General or his Agent, under the
    provisions of the fourth clause hereof.

18. 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, 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 Melbourne; and any notices or
    directions so given or left shall be binding on the
    Contractors.

19. It is lastly agreed by and between the said
    parties hereto, that this contract shall commence with