198

THE NEW ZEALAND GAZETTE.

covering for the protection of 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 the steamship for the time
   being 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.

6. If there be no Post-office Agent in charge of
   the Mails forwarded by the said steam vessel on
   board, the master of the said steamship 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. The Contractors and
   commander, and all other officers of the vessel for
   the time being employed in the performance of this
   agreement, and all agents, seamen, and servants of
   the Contractors, 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.

7. The aforesaid steamer shall (weather permitting)
   proceed on the respective voyages from the different
   ports at the hours specified in Time Tables, to
   be furnished by the Postmaster-General, or as near
   thereto as the tide will permit, on the respective dates
   mentioned in such Time Tables, or on such other
   dates or hours as may be fixed as hereinafter men-
   tioned, and shall not, in the respective voyages
   between the said ports, exceed the time allowed by
   the said Tables.

8. The said steam-vessel shall, in the event of the
   Mail from San Francisco not arriving in Auckland at
   its due date, await the arrival of such Mail for a
   period of forty-eight hours without extra remunera-
   tion; and, also, shall so await the arrival of the Mail
   for any further period if required by the Postmaster-
   General or his Agent, in consideration of an extra
   payment at the rate of two pounds (£2) per hour
   for such further detention.

9. The sum of five pounds per hour shall be paid
   by the Contractors to the Postmaster-General if on
   any occasion the said steamship shall not sail at the
   appointed time, such sum, or any portion thereof, to
   be remitted, at the option of the Postmaster-General,
   if the steamer arrives at its destination at its proper
   time; and an additional sum of one hundred and fifty
   pounds shall be in like manner paid, if the steamer
   fails to deliver the outward mails in time for the home-
   ward steamer leaving Auckland; and the sum of one
   hundred pounds shall be in like manner paid when-
   ever the said steamship shall not call at any port as
   duly required in fulfilment of this agreement, unless
   prevented from doing so by tempestuous weather.

10. By the aforesaid steamer the Contractors 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 Govern-
    ment, at a reduction of twenty per cent. from the
    usual scale of charges of the Contractors 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.

11. 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.

12. 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 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.

13. 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.

14. 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 pounds sterling,
    to be paid to Our Sovereign Lady the Queen, her
    heirs and successors, by way of liquidated or ascer-
    tained 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
    Services hereby contracted for,-that is to say, the
    services between the Manukau and the Bluff, and the
    Bluff and Manukau.

15. 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 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 seven hundred and twenty-
    five pounds per calendar month for the first three
    calendar months, and six hundred pounds per calendar
    month for any subsequent period, by equal payments
    or instalments at the Treasury in Wellington, on the
    first day of each calendar month; and, also, such
    further sum for detention of the steamship employed
    under this contract by the said Postmaster-General
    or his Agent, as provided in the eighth clause hereof:
    Provided always that the Postmaster-General shall
    have the power, by giving forty days' notice to the
    Contractors, to extend the duration of this contract
    for a second period of six calendar months; but,
    should such power not be exercised, there shall be
    paid to the Contractors a sum sufficient to make the
    payment for the first six calendar months equivalent
    to a uniform payment of seven hundred and twenty-
    five pounds per calendar month, subject to the deduc-
    tions and additions herein provided for. The Con-
    tractors shall also be exempted from payment of
    lighthouse and pilotage dues at all ports visited by
    the vessel while performing this contract.

16. 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