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cording to agreement, shall be not exceeding the rate of Three pounds per ton for measurement—goods, and of Two pounds ten shillings per ton, dead weight; and for horses and live stock as may be agreed on; and the rates of passage from Dunedin or Invercargill to Melbourne, and vice versa, shall not exceed the rate of Sixteen pounds sixteen shillings for cabin passengers, and Ten pounds ten shillings for steerage passengers; and the rate of passage from Dunedin to Invercargill, and vice versa, shall not exceed the rate of Five pounds five shillings for cabin passengers, and Three pounds ten shillings for steerage passengers. FIFTHLY, that such vessel, whether the vessel called the "Queen" or other vessel, shall not at anytime be detained either in the Port of Dunedin or in the Port of Melbourne above ten days after her arrival at or in such port, under a penalty of Twenty pounds sterling, to be paid to the said William Cargill, Esquire, or his successors in office, for each of the first two days beyond the tenth day, and of Thirty pounds sterling for each and every day after the twelfth day such vessel shall lie so detained, unless such detention shall be caused by stress of weather or unforeseen accident; the onus probandi whereof shall be upon the said James Macandrew and James Macandrew and Company. SIXTLY, that with a view to arrangements being made for the said vessel bringing the mail for the said Province of Otago from Melbourne as soon as possible after every mail’s arrival there, the said James Macandrew and Company shall be bound to conform, as far as practicable, to such instructions in that behalf as the Superintendent of the said Province of Otago shall from time to time issue, fix, and intimate by letters to the said James Macandrew and Company. SEVENTHLY, that such vessel, whether the vessel called the "Queen" or other vessel, shall in every voyage between Dunedin and Melbourne, and Melbourne and Dunedin, call at the Port of Invercargill if the channel of New River shall admit of the vessel so doing, and if it does not, shall call at the Bluff Harbour for the purpose of landing or taking on board passengers and goods and any mail for that part of the said Province; but her detention in New River or in Bluff Harbour shall not on any such occasion exceed twenty-four hours, unless detained by stress of weather or inevitable accident, under the same penalties as are hereinbefore provided for detention in either of the Ports of Dunedin or Melbourne, and it shall be in the option of the said James Macandrew and Company to agree or not to take on board or discharge freight at New River and the Bluff. EIGHTHLY, that in the event of such vessel, whether the vessel called the "Queen" or other vessel employed for the service undertaken by this contract, becoming disabled by accident or disrepair of the machinery or otherwise, the said James Macandrew and James Macandrew and Company shall be bound forthwith to supply the place of such vessel by some other vessel of at least equal strength, power, dimensions, and capacity to the said vessel called the "Queen," and at least equally well fitted for the aforesaid service, if such vessel can by any means be obtained—failing which it shall be in the power of the Superintendent of the said Province of Otago to declare this contract to be at an end: And the said William Cargill, Esquire, Superintendent of the said Province, for himself and his successors in office, and the Provincial Government of Otago, covenants and agrees that the Provincial Government shall pay to the said James Macandrew or James Macandrew and Company, and their heirs, executors, administrators, and assigns, for the service undertaken by this contract, the sum of Eight thousand pounds sterling, by twenty-four equal instalments of Three hundred and thirty-three pounds six shillings and eight pence, or such proportion of said sum and such number of said instalments as shall be earned by voyages from Dunedin to Melbourne and back again, conformably to the conditions of this contract; each of which instalments shall be due and payable immediately upon the vessel for the time being employed in the service hereby undertaken arriving at the Port of Dunedin from each and every of her monthly voyages to and from Melbourne during the term of this contract, commencing the payment of the first of said instalments when such vessel shall arrive in the Harbour of Otago from the first of her said voyages to and from Melbourne under this contract: And further, it is hereby covenanted and agreed by the parties hereto, that in the event of either party failing to fulfil to the other any or all of the covenants, conditions, and provisions herein contained, for the non-performance of which no penalty is specially stipulated, such party so failing to perform shall forfeit and pay to the other the sum of Two Thousand Pounds over and above being liable and bound to give performance, and the said parties shall grant bond each to the other to that effect.

In witness whereof the parties hereto have set their hands on the day and year first above written. Fourteen words deleted before signing.

(L.S.) W. Cargill.
James Macandrew.

Signed, sealed, and delivered in the presence of us—
J. M’Glashan, Provincial Solicitor.
John Hyde Harris, Solicitor, Dunedin.

James Macandrew & Co.
A. W. Morris, Merchant, Dunedin.
J. M’Glashan, Provincial Solicitor.