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parture of the Mails the said James M’Meekan and John Hutchison Blackwood shall forfeit and pay to the said Postmaster-General the sum of One Hundred Pounds for every day of twenty-four hours and so in proportion for every fraction of a day and in case of the departure of the English Mail for Point-de Galle before the arrival of the “Aldinga” or such other ship or vessel as aforesaid in Port Phillip Bay shall also forfeit and pay in every such last-mentioned case the full sum of the Three Hundred Pounds. Provided that the whole of the sums so to be forfeited as aforesaid in respect of any one voyage shall not exceed Five Hundred and Fifty Pounds and the above sum shall be and they are hereby declared to be liquidated damages and not penalties provided that no such penalty as aforesaid shall be enforced in any case or cases in which delay or loss shall arise from any cause over which they the said James M’Meekan and John Hutchison Blackwood had and could have no control or means of prevention.

14. That in case any alteration shall take place in the times now fixed for the arrival and departure of the Peninsular and Oriental Company’s mail ships at and from Melbourne aforesaid the Postmaster-General of New Zealand shall be at liberty if he think fit from time to time to alter the days of departure and arrival of the “Aldinga” or such other vessel as aforesaid and on his giving two months’ notice to the said James M’Meekan and John Hutchison Blackwood in manner hereinafter mentioned of his desire so to do they shall at the time or times mentioned in such notice cause the required alterations to be made. Provided that no such alterations as aforesaid shall be made having the effect of causing less than eight days or more than ten days to intervene between the time of departure on the said service from Melbourne and the succeeding departure on the same service from Port Chalmers.

15. That the said James M’Meekan and John Hutchison Blackwood shall at all times keep an agent in New Zealand for the purpose of receiving all notices to be given as aforesaid and of receiving payments and all communications and making any necessary arrangements in relation to the service hereby contracted for.

16. That the said James M’Meekan and John Hutchison Blackwood shall do and execute and find and provide all acts matters and things to be done and executed found or provided in pursuance of their covenants hereinbefore contained at their own sole expense and costs and the amounts to be paid to them as hereinafter mentioned shall be deemed to be in full satisfaction thereof.

17. And in consideration of the premises the said Postmaster-General for and on behalf of the said colony of New Zealand (but so as not to bind himself personally) doth hereby covenant with the said James M’Meekan and John Hutchison Blackwood that the said colony of New Zealand shall from time to time pay or cause to be paid to the said James M’Meekan and John Hutchison Blackwood or their assigns or the survivor of them or the executors administrators or assigns of such survivor for the services as aforesaid the sum of Thirteen Thousand Pounds per annum in twelve equal monthly portions to be paid at the Sub-Treasury at Dunedin in New Zealand on the application of the person or persons entitled thereto together with the further sum of Two Hundred Pounds for each detention of the ship employed under this contract under the provisions of the second clause hereinbefore contained.

18. And for the due and faithful performance of all and singular the covenants provisos clauses articles and agreements hereinbefore contained and which on the part and behalf of the said James M’Meekan and John Hutchison Blackwood their officers agents or servants are or ought to be observed performed fulfilled and kept the said James M’Meekan and John Hutchison Blackwood do hereby bind themselves and their successors unto Her Majesty the Queen in the sum of Two Thousand Pounds sterling to be paid to Her Majesty Her heirs or successors by way of stipulated or ascertained damages hereby agreed upon between the said Postmaster-General and the said James M’Meekan and John Hutchison Blackwood in case of any willful breach neglect or default on the part of the said James M’Meekan and John Hutchison Blackwood or either of them of all or any of the covenants hereinbefore contained on their part.

In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first hereinbefore written.

JAMES M’MEEKAN L.S.
JOHN HUTCHISON BLACKWOOD L.S.
CROSBIE WARD L.S.

Signed sealed and delivered by the said James M’Meekan John Hutchison Blackwood and Crosbie Ward in the presence of

MATTHEW W. TAYLOR.
No. 107 Collins Street West
Melbourne Solicitor.

JOHN LORD
Clerk to Messrs. Bennett and Taylor Solicitors Melbourne.

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