Contract Clauses, Appointments, Mariners




666
THE NEW ZEALAND GAZETTE.

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 Contractor, his officers, agents, or ser-
vants, and whether there be or be not any penalty or
sum of money payable by the Contractor 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 Contractor or his Agents,
nor shall the Contractor be entitled to any compen-
sation in respect of such determination.

  1. All sums of money hereinbefore stipulated to
    be forfeited or paid by the Contractor 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 Contractor under this contract.

  2. For the faithful performance of all the
    covenants, stipulations, and agreements hereinbefore
    contained, the Contractor binds himself in the sum
    of one thousand pounds sterling (£1,000), 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 (£500) in case of
    wilful failure or default on the part of the Contractor
    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 Picton and Manukau, and Manukau
    and Picton, as aforesaid.

  3. And in consideration of the due and faithful
    performance by the said Contractor of all the ser-
    vices hereby contracted to be performed by him, the
    said Postmaster-General, on behalf of the Colony of
    New Zealand, hereby covenants with the said Con-
    tractor, his executors and administrators, to pay to
    him, or to his Agent in New Zealand, for the said
    services the sum of three hundred pounds (£300) on
    the completion of each service from Picton to
    Manukau, and from Manukau back to Picton, as
    aforesaid, such payment to be made at the Treasury
    in Wellington; and also such further sum for deten-
    tion of the steamship employed under this contract
    by the said Postmaster-General or his Agent, as
    provided in the eighth clause hereof. The Con-
    tractor shall also be exempted from payment of
    lighthouse and pilotage dues at all ports visited by
    the vessel while peforming this contract.

  4. All notices or directions which the Postmaster-
    General, his officers, agents, or others, are hereby
    authorized to give to the Contractor, his officers,
    servants, or agents (other than any notice of termina-
    tion of this contract), may, at the option of the
    Postmaster-General, his officers, agents or others,
    either be delivered to the master of the said vessel,
    or other officer or agent of the Contractor in the
    charge or management of the vessel employed in the
    performance of this agreement, or left for the Con-
    tractor at his usual or last known office or house of
    business; and any notices or directions so given or
    left shall be binding on the Contractor: Provided
    always that any notice of termination of this contract
    shall be served on the Contractor, his officers, servants,
    or agents, at his office in Wellington.

  5. It is lastly agreed by and between the said
    parties hereto, that the service hereby contracted for
    shall be carried on and shall continue in force until

the thirteenth day of April, one thousand eight
hundred and seventy-two, unless determined by
notice under the provisions of the eleventh and
twelfth clauses hereof. But the said Contractor
shall not thereby be relieved from any penalty or
damages incurred under the provisions hereof, nor
be discharged from the performance of any act, duty,
matter or thing which he ought to do, perform, or
fulfil hereunder, prior to such determination.

In witness whereof the said parties to these
presents have hereunto set their hands
and seals, the day, month, and year first
above written.

JULIUS VOGEL.

Signed, sealed, and delivered by the said
Postmaster-General in the presence
of-E. Fox, Secretary to Colonial
Treasurer.

JOHN MARTIN.

Signed, sealed, and delivered by the said
John Martin in the presence of-
G. Schwartz, Clerk, Wellington.

Customs Department,
(Marine Branch,)
Wellington, 21st December, 1871.

HIS Excellency the Governor has been pleased to
appoint

WILLIAM SEWELL,
to be Deputy Harbour Master for the Port of
Oamaru.

JULIUS VOGEL.

NOTICES TO MARINERS.

No. 16 of 1871.

Customs Department (Marine Branch),
Wellington, 22nd December, 1871.

THE following Notices to Mariners received from
bane, and from the Marine Board of South Australia,
are published for general information.

JULIUS VOGEL.

PORT CURTIS.

Apparent Light, Oyster Rock, Gatcombe Head.

On and after this day, an apparent light will be
exhibited from the Oyster Rock, at an elevation of
18 feet above high water. The apparatus is illumin-
ated from a sixth order Holophote, placed on the
shore immediately abreast the beacon, and shows as
a fixed white light between the bearings of S.W. by
W. W., and N.W. by N., and almost continuously
between the bearings of N. by E., and E. by N.N.;
but when within a distance of one mile from the
rock, the eye must be raised to the level of the
apparatus to obtain the full power of the light.

The light kept open leads clear of the rocks and
buoy off Settlement Point; and on with or to the
eastward of Gatcombe Head Light, leads clear of
the Junction Buoy.

Directions. To enter the port, steer W.S.W., as
formerly, for the red light on Gatcombe Head until
the north-east shore of Facing Island is shut out by
East Point, and that point shows clearly defined
against the horizon. Then haul up and steer with
the apparent light about a point on the starboard
bow, and pass within a cable's length of the rock.
The light is visible about four miles.

G. P. HEATH, Commander, R.N.,
Portmaster.

Department of Ports and Harbours,
Brisbane, 3rd October, 1871.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1871, No 69





✨ LLM interpretation of page content

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