JUNE 11.] THE NEW ZEALAND GAZETTE. 759

tonga aforesaid by way of and calling at Lyttelton, Wellington,
Napier, and Auckland, in New Zealand, and Tonga afores-
said, and Samoa, one of the Navigator group ;

Or may proceed from Dunedin, and the other New Zea-
land ports aforesaid to Tonga aforesaid, by way of Raro-
tonga, Tahiti, and Samoa aforesaid ;

And on the return voyage may proceed from Rarotonga
and Tahiti aforesaid to Dunedin aforesaid by way of and
calling at Samoa and Tonga, and at Auckland, Napier,
Wellington, and Lyttelton aforesaid, or may proceed from
Tonga aforesaid by way of and calling at Samoa, Tahiti, and
Rarotonga, and the New Zealand ports aforesaid. At each
of the ports named in this clause the said steamship shall
land and receive mails, whether on the trip from Dunedin
to Tonga, Samoa, Tahiti, and Rarotonga, or from Tonga,
Samoa, Tahiti, and Rarotonga, and the New Zealand ports
aforesaid to Dunedin, and such service shall be included in
and be deemed to be part of the service herein agreed to be
performed: Provided that the said steamship may call at
Russell, in New Zealand, at Vavau, in the Friendly group, at
Raiatea, one of the Society Islands, and at Aitutaki, one
of the Cook Islands, whenever the Contractors may deem
this requisite.

4. In this contract the term “mails” shall mean and
   include all letters, boxes, bags, or packets of letters,
   newspapers, books, or printed papers, sent by the post, to
   whatever country or place they may be adressed, or in what-
   ever country or place they may have originated ; and all
   empty bags and other stores used or to be used in carrying on
   the post office service, which shall be sent by or to or from
   the post office.

5. The said steamship shall leave Dunedin once every two
   calendar months, at the date specified in a time-table to be
   approved by the Postmaster-General : Provided that the
   Postmaster-General may from time to time alter the dates
   specified in such time-table, on giving reasonable notice to
   the Contractors of the required alteration ; and the altered
   dates shall be observed and kept as if the same had been
   specified herein. And it is also expressly agreed that the
   said steamship shall remain a sufficient time at each of the
   said ports for the purpose of landing and shipping cargo, &c.,
   and that at the intermediate ports of Lyttelton, Wellington,
   Napier, and Auckland aforesaid on the outward voyage the
   stay shall be not less than twenty-four hours, except at
   Napier, where the detention shall be six hours : Provided
   also that the Postmaster-General may detain the said steam-
   ship at either of the ports named in the third clause for a
   period not exceeding twenty-four hours from the date ap-
   pointed for departure as aforesaid, free of any charge, claim,
   or demand under this contract or otherwise.

6. That the rates of freight from the New Zealand ports
   aforesaid to Tonga, Samoa, and Tahiti aforesaid shall be
   as follows:—Colonial produce, and all articles or products
   of colonial manufacture, &c. : To Tonga, forty-two shillings
   and sixpence per ton ; to Samoa, forty-seven shillings and six-
   pence per ton ; to Tahiti, fifty-two shillings and sixpence per
   ton, weight or measurement. Live Stock.—Sheep and other
   Small Stock : Auckland to Tonga, seven shillings per head ;
   to Samoa, eight shillings per head ; to Tahiti, ten shillings
   per head ; and from all other New Zealand ports, nine
   shillings, ten shillings, and twelve shillings respectively per
   head. Cattle : Auckland to Tonga, one hundred shillings
   per head ; to Samoa, one hundred and twenty shillings per
   head ; to Tahiti, one hundred and sixty shillings per head ;
   and from all other New Zealand ports, one hundred and
   sixty shillings, one hundred and eighty shillings, and two
   hundred and twenty shillings respectively per head. Horses :
   Twenty shillings per head respectively, in addition to the
   rates for cattle.

7. The steam-vessel from Tonga, Tahiti, and Rarotonga
   aforesaid to Dunedin aforesaid shall be despatched from the
   said places on such days as may hereafter be fixed upon by the
   Postmaster-General from time to time, and the duration of
   the voyage from Dunedin to Tonga, Tahiti, and Rarotonga,
   and from such last-named places to Dunedin, shall not
   exceed sixty-one days, each day being reckoned as a day of
   twenty-four hours.

8. All mails shall be respectively received and delivered by
   and at the expense of the Contractors, and when necessary in
   boats seaworthy and suitable for the purpose, furnished with
   effective covering for the mails, and properly provided,
   manned, and equipped by the Contractors, to the satisfac-
   tion of the Postmaster-General or his Agent, and the Con-
   tractors shall also provide a safe and proper place of deposit
   for the mails.

9. The Contractors, and the commander and other officers
   of the vessel 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 direc-
   tions of the Postmaster-General, his officers or agents.

10. The Contractors shall not, nor shall the master, or any
    of the officers, seamen, or other servants of the Contractors,
    on the vessel employed or to be employed under this agree-
    ment, receive or permit to be received on board any vessel
    employed under this agreement any loose letters for convey-
    ance other than those which are or may be privileged by law ;
    and, in case of any such default in the provision of this
    clause, the Contractors shall be liable as for a breach of this
    agreement.

11. If the Contractors shall fail in any period of two calen-
    dar months to perform the service between Dunedin, Tonga,
    Tahiti, and Rarotongo aforesaid, the Contractors shall pay to
    the Postmaster-General the sum of one hundred and fifty
    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 by way of penalty under this contract
    if he shall be satisfied that any default hereunder was attri-
    butable to causes over which the Contractors had no control.

12. The Contractors shall be responsible for the receipt,
    safe custody, and delivery of all mails which may be received
    on board the steamer for delivery at any of the ports herein-
    before mentioned.

13. The Contractors shall not assign, underlet, charge,
    or dispose of this contract, or any interest therein, 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, 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 such breach, it shall be lawful for the Post-
    master-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 whatever in respect of such determination.

14. All sums of money hereinbefore stipulated to be for-
    feited 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.

15. For the faithful performance of all the covenants,
    stipulations, and agreements hereinbefore contained, the
    Contractors bind themselves and each of them, their and
    each of their executors, administrators, and assigns, jointly
    and severally, 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 and ascertained
    damages.

16. And, in consideration of the due and faithful perform-
    ance by the said Contractors of all the services hereby con-
    tracted to be performed by them, the said Postmaster-General,
    on behalf of the Government of New Zealand, hereby cove-
    nants with the said Contractors to pay them for the said
    services as follows, that is to say : For the complete double
    service starting from Dunedin aforesaid to Tonga, Tahiti, and
    Rarotonga aforesaid, and returning from the said places again
    to Dunedin, the sum of seven hundred pounds (£700). Such
    payment shall be made to the Contractors in Auckland after
    the completion of each double service.

17. The sum payable to the Contractors under this agree-
    ment shall be in full satisfaction for all services rendered ;
    and any subsidies or payments which may be agreed to be
    paid by any of the authorities or Governments of the Pacific
    Islands in respect of this service shall belong and be retained
    by the Postmaster-General of New Zealand : Provided that
    the Postmaster-General may, if he thinks fit, pay over any
    portion of the said subsidies or payments to the said con-
    tractors.

18. 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 master of the said steamship or other
    officer or agent of the Contractors in the charge or manage-
    ment of any steamship employed in the performance of this
    contract, or left for the Contractors 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.

19. 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 “Janet
    Nicoll” from Dunedin on the 5th day of June, 1885, and
    (unless previously determined under the provisions hereof)
    shall continue in force until twelve complete double ser