THE HONGKONG GOVERNMENT GAZETTE, 21ST SEPTEMBER, 1889.
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to start or put to sea on or at the appointed day and hour then and so often as any such default shall happen there shall be deducted from the subsidy which would in the absence of any such default be payable to the Company for the current year the sum of 500 7. and also the further sum of 100 l. for every successive 24 hours which shall elapse until such train or vessel actually starts or proceeds to sea on the appointed journey or voyage in pursuance of this Agreement Provided always that the total amount of the sums deducted as last aforesaid shall not in the aggregate exceed by a sum greater than the sum of 500 7. that part of the said subsidy of 60,000 7. for the current year which shall be applicable to the whole journey reckoned from the station or port of departure to the port or station of arrival in respect of which default shall have been made.
overtime.
35. If at any time or times Her Majesty's mails shall not be conveyed from Penalties for Halifax or Quebec (as the case may be) as aforesaid to Hong Kong or from Hong Kong to Halifax or Quebec (as the case may be) as aforesaid within the respective periods of transit hereinbefore stipulated in that behalf then and so often as the same shall happen the shall be deducted from the subsidy which but for this provision would be payable to the Company for the current year a sum of 100 l. for every complete period of 12 hours by which the time actually occupied in the conveyance of such mails shall have exceeded the period of transit hereinbefore stipulated in that behalf respectively Provided always that the total amount of the sums deducted in respect of any such default or failure as herein before mentioned in the delivery of mails shall not exceed that part of the said subsidy of 60,000 7. for the current year which shall be applicable to the journey in respect of which such default or failure occurs.
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36. Each of the deductions hereinbefore mentioned and hereby agreed to be made Nature of shall be made and the yearly subsidy of 60,000 7. shall be reduced accordingly deductions. although no damage or loss shall have been sustained by reason or in connexion with such default and no such deduction shall in any case be deemed to be a penalty or in the nature of a penalty and the payment by the Postmaster-General of what shall from time to time remain due in respect of the said subsidy of 60,000 7. after making any such deduction as aforesaid shall in no case prejudice the right of the Postmaster- General to treat as a breach of this Agreement the failure of the Company to provide an appropriate train or vessel at any appointed place or time or to perform any service at or within the appointed period.
37. All accounts in relation to the said subsidy and any deduction therefrom or Accounts. additions thereto as hereinbefore provided shall be made out and settled up to and on or as soon as conveniently may be after the 31st day of March the 30th day of June the 30th day of September and the 31st day of December in each year and the amount or balance (if any) which shall be justly due to the Company on each such quarterly account shall be paid by the Postmaster-General out of such aids or supplies as afore- said upon the ttlement of such account and for the purposes of such accounts the said yearly subsidy of 60,000 l. or any increased or decreased subsidy which may become payable under or by virtue of any of the provisions herein contained shall be deemed to accrue from day to day subject to the liability of the same to be reduced by such deductions as aforesaid.
TERM OF AGREEMENT AND INCIDENTAL PROVISIONS.
38.--(1.) The Company shall cominence the performance of the services hereby Term. agreed to be performed on the day on which the first of the said steam vessels shall be appointed by the Postmaster-General to start with the mails from the said port of Hong Kong and this Agreement shall continue in force until the expiration of ten years from the day of the said first departure from Hong Kong and shall then absolutely determine.
(2.) Provided nevertheless that it shall be lawful for the Postmaster-General absolutely to determine this Agreement on the 31st day of January 1898 by giving to the Company x months' previous notice in writing to that effect under his hand or the hand of one of the secretaries or assistant secretaries for the time being of the Post Office and in the event of such notice being given this Agreement shall determine accordingly on the said last-mentioned day.
(3.) Provided also that in the event of the determination of this Agreement on the 31st day of January 1893 as hereinbefore provided the Postmaster-General shall pay to the Company in addition to the subsidy or sum which may be payable to them
addition
783