140

Otago shall at any time hereafter require that the vessels performing the said service shall not call at the Bluff Harbour for the purposes aforesaid; and in such case the said vessels shall not call at the said Harbour for the purposes aforesaid, or either of them.
AND FURTHER, that the vessels performing the said service, shall remain in the said Port of Otago for the period of forty-eight hours, at the least, on their return voyage from Lyttelton. And the said Samuel Clark hereby further agrees that, whenever goods are ready to be shipped to and from Melbourne and Otago, within forty-eight hours of the time appointed for the sailing of the said vessels, such goods, to the extent of one-half the carrying capacity of the said vessels, shall on every such occasion be received on board the said vessels and conveyed to their destination.
And the said Samuel Clark hereby further agrees, that the maximum rate to be charged for the freight of goods by the said vessels to and from Melbourne and Otago, as well by measurement as by weight, shall be Two pounds, ten shillings, per ton; and that the freight for horses, and other live stock, shall be such as may be agreed upon. And that the rates of passage money from Melbourne to the Bluff and Dunedin, and vice versa, shall be, in the Chief Cabin, Fifteen pounds: and in the second cabin, Eight pounds. AND IN CONSIDERATION of the premises and of the services to be performed by the said Company, in pursuance of these presents, he, the said James Macandrew, Superintendent, as aforesaid, for himself and the Provincial Government of Otago, doth hereby covenant and agree to and with the said Samuel Clark, authorised in that behalf, the said Government and his successors in office, shall and will pay to the said Samuel Clark, or to any other Attorney or Agent of the said Company, duly authorised in that behalf, the said annual subsidy of Two thousand pounds, by twelve equal monthly instalments, amounting to one hundred and sixty-six pounds, thirteen shillings and four pence each; PROVIDED, that in case from any cause the said Company shall fail or omit to perform any of the said monthly services, the said Company shall not be entitled to receive any subsidy for any month in respect of which no service shall be performed.
AND LASTLY, for the due and faithful performance of all and singular, the covenants, conditions, provisos, and agreements, hereinbefore contained, which on the part of the said Company, are, or ought to be observed, performed, fulfilled, and kept, the said Samuel Clark, Attorney, as aforesaid, hereby binds himself and the said Company, in the sum of Five hundred pounds, of lawful money of Great Britain, to be paid to the said James

Macandrew, Superintendent, as aforesaid, and his successors in office, by way of stipulated or ascertained damages hereby agreed upon between the said Samuel Clark and the said James Macandrew, Superintendent, as aforesaid. In witness whereof, the said Samuel Clark, as Attorney of and for the said Company, under and by virtue of the power of attorney hereinbefore referred to, and a copy of which is hereunto annexed, hath hereunto set his hand and seal, and the said James Macandrew, as Superintendent of the said Province of Otago, hath set his hand and the seal of the said Province, the day and year first before written.

SAMUEL CLARK.
JAMES MACANDREW.

Signed, sealed, and delivered by the above-named Samuel Clark, and James Macandrew, in the presence of

HENRY HOWARTH, Dunedin, Gent.

VICTORIA, by the Grace of God, of the United Kingdom of Great Britain and Ireland, QUEEN, to KENNETH MUIRHEAD, of Otago, in the Province of Otago in the Southern District of New Zealand, Master Mariner, Master of the Barque or Vessel called the Acasta, now lying at Otago aforesaid; and WILLIAM M'VICAR, of Wellington, in the Province of Wellington and Colony of New Zealand, Master Mariner, Greeting:

WHEREAS an action has been commenced in the Supreme Court of New Zealand for the Middle District, at Wellington, where-in JAMES SMITH is Plaintiff, and JOHN BRODIE and GEORGE TRAILL are Defendants: And whereas it hath been made known to us that there is personal property belonging to the said JOHN BRODIE and GEORGE TRAILL now in the hands or in the custody or under the control of you the said KENNETH MUIRHEAD and WILLIAM M'VICAR, or one of you, WE COMMAND you, and each of you, that you and each of you do not sell or otherwise dispose of or part with the said personal property of the said JOHN BRODIE and GEORGE TRAILL, or any part thereof, until the further order of our said Court shall be made known to you.

WITNESS, ALEXANDER JAMES JOHNSTON, Esquire, a Judge of our Supreme (L.S.) Court of New Zealand, at Wellington, the twenty-eighth day of December 1860.

Printed for the Provincial Government, by DANIEL CAMPBELL Dunedin, Otago, New Zealand.