Mail Contract Terms and Land Reservation Cancellation




THE NEW ZEALAND GAZETTE. 597

  1. 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
    depart on the appointed dates from the ports specified
    in the third clause: Provided always that the Post-
    master-General shall have power to remit or reduce
    this sum if he shall be satisfied that the default
    as aforesaid was attributable to causes over which
    the Contractors had no control.

  2. If the Contractors shall fail in any period of
    six weeks to perform the service between Port
    Chalmers and Levuka, the Contractors shall pay to
    the Postmaster-General the sum of one hundred
    pounds, in addition to any other penalties which they
    may become liable to under these presents: Provided
    always that the Postmaster-General shall have power
    to remit or reduce any of the sums payable under
    this Contract if he shall be satisfied that any such
    default as aforesaid was attributable to causes over
    which the Contractors had no control.

  3. The Contractors shall be responsible for the
    receipt, safe custody, and delivery of all mails which
    may be received on board their steamers for delivery
    at either of the ports hereinbefore mentioned.

  4. The Contractors shall not assign, underlet, or
    dispose of this Contract, or any part thereof, without
    the consent of the Postmaster-General, signified in
    writing under his hand, or under the hand of the Secre-
    tary 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 con-
    tract), 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
    whatever in respect of such determination.

  5. All sums of money hereinbefore stipulated to
    be forfeited or paid by the Contractors, shall be
    considered 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 Con-
    tractors to Her Majesty, together with full costs of
    suit, may be entered up thereon in the Supreme
    Court of New Zealand.

  6. For the faithful performance of all the cove-
    nants, stipulations, and agreements hereinbefore
    contained, the Contractors bind themselves, and
    their successors in the sum of five hundred pounds
    (£500) sterling, to be paid to our Sovereign Lady
    the Queen, her heirs and successors, by way of stipu-
    lated 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
    Contractors in the due performance of this contract,
    or any part thereof, in respect of each or either of
    the said services hereby contracted for that is to
    say, the said service from Port Chalmers to Levuka,
    and the said service from Levuka to Port Chalmers,
    in the manner herein provided.

  7. 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 Govern-
    ment of New Zealand, hereby covenants with the
    said Contractors and their successors to pay to
    them for the said services at the following rates—
    that is to say: For the first complete double service
    from Port Chalmers aforesaid to Levuka aforesaid,
    and from Levuka again to Port Chalmers, the sum
    of four hundred pounds (£400). For each of the
    three succeeding complete double services as afore-
    said, the sum of three hundred pounds (£300).
    Such payments shall be made to the Contractors in
    Auckland after the completion of each double service.

  8. All notices or directions which the Postmaster-
    General, his officers, agents, or others, are hereby
    authorized to give to the Contractors, their officers
    or agents, may at the option of the Postmaster-
    General, his officers, agents, or others, either be
    delivered to the masters of any of the said steam-
    ships, or other officer or agent of the Contractors in
    the charge or management of any steamship employed
    in the performance of this contract, or left for the
    Contractor at their usual or last known office or
    house of business in Auckland aforesaid; and any
    notices or directions so given or left shall be binding
    on the Contractors.

  9. It is lastly agreed by and between the said
    parties hereto, that this contract shall be and be
    deemed to have commenced with the departure of
    the steamship "Star of the South" from Port Chal-
    mers on the fourth day of July, 1874, and (unless pre-
    viously determined under the provisions hereof) shall
    continue in force until four complete double services
    shall have been performed by the Contractors in
    accordance with the terms hereinbefore provided.

In witness whereof the said Postmaster-
General hath hereunto set his hand and
seal, and the Contractors have caused
their common seal to be hereunto set
and affixed, the day, month, and year first
above written.

Signed, sealed, and delivered by
the said Postmaster-General in
the presence of
JULIUS VOGEL.

W. GRAY, Secretary, General Post Office.
WILLIAM C. DALDY, Directors
THOMAS MORRIN } A.S.P.C.

Signed and sealed with the Com-
mon Seal of the Company, by
William C. Daldy and Thomas
Morrin in the presence of

WILLIAM LODDER,
Manager and Engineer, A.S.P.C.

Cancelling Notice of University Reserves.

WHEREAS by a Notice under the hand of the
Honorable John Hall, then being Colonial
Secretary for the Colony of New Zealand, bearing
date the eighth day of January, 1873, and published
in the New Zealand Gazette of the 9th January,
1873, it is notified that the several blocks or parcels
of land particularly described in the Schedule thereto
(being confiscated lands in the Province of Auckland),
shall be and the same were thereby reserved and set
apart for the purpose of an endowment for the
University of New Zealand, as such University is
constituted and established under the provisions of
"The New Zealand University Act, 1870:"

And whereas the said Notice was given in error
and without the authority of law, and it is expedient
to cancel the same:

Now, therefore, it is hereby notified that the said
Notice shall be and the same is hereby absolutely
cancelled.

Given under my hand at Wellington, this first
day of September, 1874.

DANIEL POLLEN,
(for Secretary for Crown Lands).



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1874, No 47





✨ LLM interpretation of page content

🚂 Clauses 10-18 of Mail Service Contract detailing penalties and payment (continued from previous page)

🚂 Transport & Communications
4 July 1874
Mail service, contract terms, penalties, payment schedule, Auckland, Levuka
  • Julius Vogel
  • W. Gray, Secretary, General Post Office
  • William C. Daldy, Director, A.S.P.C.
  • Thomas Morrin, Director, A.S.P.C.
  • William Lodder, Manager and Engineer, A.S.P.C.

🗺️ Cancellation of prior reservation of confiscated lands for University endowment

🗺️ Lands, Settlement & Survey
1 September 1874
Land reservation, University endowment, Auckland Province, Confiscated lands, Cancellation
  • Daniel Pollen (for Secretary for Crown Lands)