1472

THE NEW ZEALAND GAZETTE.

14. If the Contractors shall fail in any period of four weeks herein provided for to deliver the
    homeward mails to the European Mail steamship at Hobson's Bay before her departure from that port
    with her homeward mails, 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.

15. 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.

16. The Contractors shall not assign, underlet, or dispose of this agreement, or any part thereof,
    without 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.

17. During the continuance of this agreement, and so long as it shall be faithfully carried out by
    the Contractors, no charge for pilotage, lighthouse dues, or harbour dues, shall be made at any port in
    New Zealand for any of the steam vessels employed in carrying out this contract.

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

19. For the faithful performance of all the covenants, stipulations, and agreements hereinbefore
    contained, the Contractors bind themselves respectively, and their respective heirs, executors, and
    administrators, in the sum of one thousand pounds (£1,000) sterling, to be paid to our Sovereign Lady
    the Queen, her heirs and successors, by way of stipulated or ascertained damages, in manner following:
    that is to say, the sum of one thousand pounds (£1,000) 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 Wellington to
    Melbourne, and the service from Melbourne to Wellington, in the manner herein provided.

20. 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 Contractors, their executors and adminis-
    trators, to pay to them for the said services at the rate of three hundred and eighty-four pounds twelve
    shillings and fourpence (£384 12s. 4d.) for the complete double service from Melbourne to Wellington,
    and from Wellington again to Melbourne, at the Treasury in Wellington, in accordance with the terms
    of this agreement. Such payments shall be made to the Agent of the Contractors in Wellington on
    the first day of each calendar month, until other arrangements for such payments shall be made by
    the Contractors, of which due notice shall be given to the Postmaster-General.

21. 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 Post-
    master-General, his officers, agents, or others, either be delivered to the masters 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.

22. It is lastly agreed by and between the said parties hereto that this contract shall be deemed
    to have commenced with bringing the English Mails for New Zealand due at Hobson's Bay on the 17th
    September, 1878, and (unless this contract shall be determined under the powers herein contained)
    shall continue in force until the delivery at Hobson's Bay of the last of the outgoing mails for England
    which shall be despatched from New Zealand in the month of January, 1880, and so as that
    such last-mentioned service shall complete a total of eighteen services in accordance with this
    agreement.

In witness whereof the said Postmaster-General and James McMeckan and John Hutchison
Blackwood have hereunto set their hands and seals, the day, month, and year first above
written.

Signed, sealed, and delivered by James Temple
Fisher, Postmaster-General of the Colony of
New Zealand, in the presence of—
W. GRAY,
Secretary, General Post Office.
J. T. FISHER.

Signed, sealed, and delivered by James McMeckan
and John Hutchison Blackwood in the pre-
sence of—
J. T. OGDEN.
JAMES MCMECKAN.
(by his Attorney
J. H. Blackwood).
J. H. BLACKWOOD.

Printed under the authority of the New Zealand Government by GEORGE DIDSBURY, Government Printer, Wellington.