β¨ Steam Coastal Service Contract
76
covenants, provisions, and agreements as
well before as hereinafter expressed, the
said James Macandrew, Superintendent as
aforesaid, for himself and his successors, and
office, doth hereby covenant, promise, and
agree to and with the said Edward Bowes
Cargill, his executors and administrators, that
that he will pay or cause to be paid to the
said Edward Bowes Cargill, his executors,
administrators, or assigns, for the period
aforesaid, the said subsidy or annual sum
of fifteen hundred pounds, by equal
monthly payments of one hundred and
twenty-five pounds each at the termination
of each and every month of the said term,
or such proportion of such monthly instal-
ments as shall be earned conformably to
the conditions of this contract : and the
said parties hereto do hereby mutually
covenant and agree to and with each other
that the maximum rates to be charged by
the said Edward Bowes Cargill for the
conveyance of passengers and goods to and
from Dunedin, Waikouaiti, Moeraki, and
Oamaru, shall be those mentioned in the
schedule or table of rates hereunder writ-
ten ; and that, 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 that
the shippers or consignees shall be bound
to take or receive their goods to or from
alongside within six working hours after
the vessel's arrival at the place of loading
and discharge at their own expense and
risk unless otherwise expressly stipulated
and agreed to ; failing which, the com-
mander of the said vessel shall be at liberty
to ship or land such goods at the expense
and risk of the owner or owners thereof,
or to leave or to take back such goods to
the port of shipment, and in the latter case
the said Edward Bowes Cargill to charge
and claim, in addition to the freight men-
tioned in the said schedule, one half more
for back freight for the said goods : and
that the said Edward Bowes Cargill shall
take passengers and goods from the jetty
at Dunedin, and land passengers and
goods thereon free of any charge beyond
the fare and freight : and further, that a
table of rates for freight and passage con-
tained in the said schedule, and the con-
ditions last aforesaid relating to the car-
riage of goods, shall be advertised by the
said Edward Bowes Cargill in the local
newspapers once in every three months of
the said term, and a printed copy of the
said table of rates shall be hung up and
kept in a conspicuous place in the office of
the said Edward Bowes Cargill at Dunedin
aforesaid : and that the dates of sailing of
the said vessel shall be from time to time
advertised in the local newspapers by the
said Edward Bowes Cargill, and shall be
adhered to as closely as circumstances will
admit ; and every endeavour shall be made
by the said Edward Bowes Cargill to ob-
viate disappointment to shippers, con-
signees, or passengers by delay : and also,
that a book shall be kept in the office of
the said Edward Bowes Cargill, 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 Edward Bowes Cargill shall not be
bound to receive any application for the
shipment of goods earlier than four days
or later than one day before the advertised
date of sailing ; provided also that in case
of failure to ship goods on the part of any
applicant within twenty-four hours pre-
vious to 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 Edward Bowes Cargill shall be en-
titled to stipulate for a deposit of some
part not exceeding the half of the amount
of the 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 :
And further, that the said Edward Bowes
Cargill shall not in any case put on board
goods belonging to himself to the exclusion
of the goods of other persons to an extent
of more than one-third of the carrying
capacity of the said vessel, notwithstanding
any priority of booking : And the said
parties hereto do hereby further mutually
covenant and agree to and with each other
that in case the said vessel or any other
vessel to be substituted in lieu thereof as
aforesaid shall at any time during the said
period of two years become disabled
through accident or want of repair or any
other cause, and shall in consequence cease
to run and ply as aforesaid, then the said
Edward Bowes Cargill shall with all con-
venient despatch cause the same to be re-
fitted and repaired, or shall within two
months thereafter supply the place of such
vessel by some other vessel of at least
equal dimensions, tonnage, and horse-
power-engines, to be approved as afore-
said ; and in case the said vessel shall not
be refitted and repaired, or some other
vessel substituted in lieu thereof within the
aforesaid period of two months, then
from thenceforth this contract shall be
deemed to be wholly at an end : and fur-
ther, that in case the said vessel or any
other vessel to be substituted in lieu there-
of as aforesaid shall fail to perform any of
the weekly voyages or runs hereby co-
venanted to be performed for the reason
aforesaid or for any other cause whatever,
the said Edward Bowes Cargill shall not be
entitled to claim and shall not be paid
any subsidy whatever in respect of the
period during which the said vessel shall
fail to run and ply as aforesaid ; provided
that if the said vessel be debarred by the
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β¨ LLM interpretation of page content
π
Steam Coastal Service Contract for the vessel Geelong
(continued from previous page)
π Transport & Communications1 May 1860
Steamship, Coastal Service, Otago, Dunedin, Waikouaiti, Moeraki, Oamaru, Contract, Subsidy
- James Macandrew, Superintendent of Otago, party to contract
- Edward Bowes Cargill, Party to steamship service contract
Otago Provincial Gazette 1860, No 119