COASTAL SERVICE.

THIS INDENTURE, made the ninth day of March, Eighteen hundred and fifty-nine, between His Honor William Cargill, Esquire, Superintendent of the Province of Otago, New Zealand, on behalf of the Government of the said Province of the one part, and Jones, Cargill, and Company of Dunedin, Merchants, of the other part: Whereas the Superintendent and Provincial Council of the Province of Otago have resolved upon granting a Subsidy for the supply of a sea-going steam vessel fitted to ply continuously, and under regulations approved of by the Government, between the Port of Otago and the several rivers, harbours, bays, and landing places on the coast of the Province, and to carry passengers as well as goods: And whereas the said Jones, Cargill and Company offered and agreed to undertake the aforesaid service, and to employ therein a vessel belonging to them called the “Geelong” for a period of two years, for payment at and after the rate of Nineteen hundred and fifty pounds sterling per annum.—Now this deed witnesseth that for and in consideration of the payments aforementioned the said Jones, Cargill and Company have covenanted and agreed, and do hereby covenant and agree, to ply the said vessel or some other vessel approved of by the Superintendent, continuously and successively without intermission between the Port of Dunedin and the rivers, bays, and harbours along the coast of the Province of Otago—northward and southward—calling at least once in every calendar month, or more frequently as the necessity of the traffic may require, at the following places to the south of Dunedin, viz.: the Taieri Ferry (when the Government shall have made arrangements for the Taieri River being entered with safety), the Clutha, and Invercargill successively; and at the following places to the north of Dunedin, viz.: Waikouaiti, Moeraki, and Oamaru successively; and extending any and every voyage southward to Jacob’s River, provided always that there be passengers, or that there be offered not less than ten tons of cargo to or from Jacob’s River; and calling likewise at any place not before-named that is passed in the course of any voyage, provided there be passengers and cargo to or from any such place not before-named.

Secondly. For the purpose of receiving and landing passengers and goods the said vessel shall lie as near to every landing place as shall be practicable and consistent with the safety of the said vessel; and the shippers or consignees shall be bound to take and receive their goods from alongside within six hours after the vessel’s arrival at the place of discharge at their own expense and risk, unless otherwise expressly stipulated and agreed to, failing which the commander of the said vessel shall be at liberty to land such goods at their own risk and expense or take back the goods to the port of shipment: But it is hereby provided and declared that the said Jones, Cargill, and Company engage to take on board passengers and goods from the Jetty at Dunedin, and to land passengers and goods thereon free of any charge beyond the fare and freight.

Thirdly. The rates chargeable for the conveyance of passengers and goods from one port or place to another port or place shall not exceed those set forth in the Schedule or Table of Rates hereto annexed, and the said Table of Rates shall be advertised by the said Jones, Cargill, and Company in the local newspapers, and a printed copy of the said Table of Rates shall be hung up and kept in a conspicuous place in the office or warehouse of the said Jones, Cargill, and Company.

Fourthly. The dates of sailing of the said vessel from the several ports or places shall be from time to time advertised in the local newspapers, or otherwise, by the said Jones, Cargill, and Company, and shall be adhered to as closely as circumstances will permit, and every endeavour shall be made to obviate disappointment to shippers, consignees, or passengers, by delay.

Fifthly. A book shall be kept in the office of the said Jones, Cargill, and Company open to the inspection of passengers and shippers, in which shall be entered applications for freight or passage in the order in which they are made, and berths and room shall be reserved for such applicants in the order of their applications: provided that the said Jones, Cargill, and Company shall not be bound to receive any application for the shipment of goods earlier than fourteen days or later than two days before the advertised date of sailing: provided also, that in case of failure to ship goods on the part of any applicant within four hours of the appointed time of sailing, the room applied for may be appropriated to any other applicants in the order of their applications; and provided also, that the said Jones, Cargill, and Company shall be entitled to stipulate for a deposit of some part, not exceeding the half, of the amount of freight at the time of any application being made, which deposit shall be forfeited in the event of non-shipment, unless the room shall be filled up with other goods.

Sixthly. The said Jones, Cargill, and Company shall not in any case put on board goods in which they are directly interested to the exclusion of the goods of others, to an extent of one-third of the carrying capacity of the said vessel, notwithstanding any priority of booking.

Seventhly. The parties to this contract considering the want of experience as to traffic along the coast by steam vessels, and that it will be conducive to the public interests that the foregoing conditions of this contract shall be subject to revision.