490
THE NEW ZEALAND GAZETTE.
[No. 30

master-General that it requires the question whether there was such a great or habitual non-performance or non-observance of this contract on the part of the company as to justify the Postmaster-General in determining the same to be referred to arbitration, then such question shall be determined by arbitration in the manner hereinafter provided.

22. In case the arbitrator or arbitrators, or the umpire, shall at any time or times decide that the Postmaster-General was not justified in determining the contract, the Postmaster-General shall have and be entitled from time to time to exercise the power hereinbefore given to determine the contract as fully and effectually as if he had not on any previous occasion or occasions attempted to exercise such power; and the company shall not be entitled to any compensation in respect of the attempted determination of the contract or any loss or damages which may be incurred by the company by reason thereof.

23. The Postmaster-General may except from any such determination as aforesaid any voyage or voyages, and if any vessel or vessels shall have started before the determination or before the masters thereof could have received news of such determination, or if any such vessel should, after the determination, start with a mail on any voyage or voyages so excepted as aforesaid, such voyage or voyages shall be continued and performed, and the mails be delivered and received, as if this contract had remained in force with regard to any such vessel or vessels, and with respect to such vessels this contract shall be considered as having terminated only when such vessels shall have reached their port of destination and the mails carried by them shall have been delivered.

24. Every notice or direction which is hereby authorised to be given to the company, its agents, officers, or servants, may be delivered to the master of any of the said vessels or other officer or agent of the company in charge or having the management of any vessel employed in the performance of this contract on board such vessel, or left for the company on board such vessel, or at the office or place of business of the company at Plymouth, or London, or a New Zealand port, and any notices or directions so given or left shall be binding on the company: Provided that any notice of the determination of this contract given under the powers hereinbefore contained shall be given to the company or left for it at its last known office or place of business in Wellington, or at any other New Zealand port the Postmaster-General may think fit.

25. If the company shall fail to commence the performance of the services hereby contracted to be performed according to the provisions hereof, or, having commenced the same, shall refuse or wilfully neglect to carry on the same according to the true intent and meaning of these presents, the company shall forfeit and pay to the Postmaster-General the sum of three thousand pounds (£3,000) as by way of liquidated damages, and not by way of penalty.

26. All and every the sums of money hereby stipulated to be paid by the company shall be considered as liquidated damages whether any damage or loss shall or shall not have been sustained, and may be set off by the Postmaster-General against any moneys payable to the company under or by virtue of this contract, or may be enforced against the company as a debt due, with full costs of suit, at his discretion: Provided that the payment by the company of any sums of money for any default or neglect in the observance or performance of the covenants or agreements herein contained shall not in any manner prejudice the right of the Post-

master-General to treat such defaults or neglects as a non-observance or non-performance of this contract on the part of the company.

27. If any dispute, question, difference, or controversy shall arise between the Postmaster-General and the company touching these presents, or any clause or thing herein contained, or the construction thereof, or any matter in any way connected with these presents, or the operation thereof, or the rights, duties, or liabilities of the Postmaster-General or of the company, then and in every such case the matter in difference shall be referred to arbitration in manner hereinafter mentioned; and the award of the arbitrator or arbitrators, or of the umpire, appointed as hereinafter mentioned, as the case may be, shall be binding and conclusive in every respect.

28. Unless the Postmaster-General and the company shall concur in the appointment of a single arbitrator, each party, on the request of the other party, shall nominate and appoint an arbitrator to whom such dispute, question, difference, or controversy shall be referred, and every appointment of an arbitrator shall be made on the part of the Postmaster-General under his hand, and on the part of the company under its corporate seal, and such appointment shall be made in duplicate, and delivered one part to the other party, and the other part to the arbitrator on the part of the party by whom the same shall be made; and, after such appointment shall have been made, neither party shall have power to revoke the same without the consent of the other, nor shall the death of either party act as a revocation.

29. If, for the space of twenty days after any such dispute shall have arisen, and after a request in writing, in which shall be stated the matters required to be referred to arbitration, shall have been served upon the Postmaster-General, or given to the company, or left at its last known office or place of business in Wellington, as the case may be, by the one party or the other party, to appoint an arbitrator, such last-mentioned party fail to appoint an arbitrator, then, upon such failure, the party making the request, and having appointed an arbitrator, may appoint such arbitrator to act on behalf of both parties, and such arbitrator may proceed to hear and determine the matters which shall be in dispute, and in such case the award or determination of such single arbitrator shall be final.

30. If, before the matters so referred shall be determined, any arbitrator appointed by either party die or become incapable, the party by whom such arbitrator was appointed, his successors in office, or successors and assigns, may nominate and appoint in writing some other person to act in his place; and if, for the space of twenty days after notice in writing from the other party for that purpose, he fail to do so, the remaining or other arbitrator may proceed ex parte; and every arbitrator so to be substituted as aforesaid shall have the same powers and authorities as were vested in the former arbitrator at the time of such his death or disability as aforesaid.

31. Where more than one arbitrator shall have been appointed, such arbitrators shall, before they enter upon the matters referred to them, nominate and appoint, by writing under their hands, an umpire to decide on any such matters on which they shall differ, or which shall be referred to him; and, if such umpire shall die, or become incapable to act, they shall forthwith after such death or incapacity appoint another umpire in his place; and the decision of every such umpire on the matters so referred to him shall be final.