Z
281
Co
The postage of all
Majesty.
thereof, any dispute or controversy shall arise between the said parties to these presents, or their successors respectively, cou- cerning any breach or alleged breach, by or on the part of the said Company of this present agreement, or the sufficiency of any such breach to justify the Postmaster-General in putting an end to the same, or concerning the amount of consideration to be paid to or allowed by the said Company, as the case may be, for such modified or altered services as herein-before in that behalf mentioned, or concerning any of the covenants, matters, or things herein contained, or in anywise relating thereto, and notwithstanding the power herein contained, to determine this agreement, and any execution or attempted execution of such power, such dispute or controversy shall be re- ferred to two arbitrators, one to be chosen from time to time by the said Postmaster-General, and the other by the said Company, and if such arbitrators should at any time or times not agree in the matter or question referred to them, then such question in difference shall be referred by them to an umpire, to be chosen by such arbitrators before they proceed with the reference to them, and the joint and concurrent award of the said arbitrators, or the separate award of the said umpire, when the said arbitrators cannot agree, shall be binding and conclusive upon both parties, and this agreement of submission may be made a rule of either of Her Majesty's Courts of Record.
And it is hereby further agreed that the whole postage of Mails to belong to Her all Mails conveyed in the vessels employed under this agrec- ment, whether carried from or out of Her Majesty's dominions or otherwise, shall belong to Her Majesty, and shall be at the disposal of Her Majesty's Postmaster-General.
Commencement and duration of agree- ruent.
The Company to undertake the ar- rangements as to quarantine.
The Company not to
the Contract without
the consent of the
Postmaster-General.
And it is hereby further agreed and declared that this agreement shall commence from the day of the date hereof, and shall continue in force until one of the said parties hereto shall give to the other of them six calendar months notice of his or their desire to determine the same, and on the expiration of such notice this agreement shall determine accordingly, without prejudice nevertheless to any right of action or other proceeding which shall then have accrued to either party for any breach thereof.
And it is hereby distinctly agreed that the said Company shall undertake for themselves all arrangements relative to quarantine as connected with the due and regular performance of the conditions of this agreement.
And it is hereby further agreed and declared that without underlet or dispose of the consent of the said Postmaster-General, signified in writing under the hand of the secretary, or one of the assistant secretaries of the Post Office, neither this Contract, nor any part thereof, shall be given, granted, assigned, underlet, or disposed of, and that in case of the same, or any part thereof, being given, granted, assigned, underlet, or otherwise disposed of without such consent signified as aforesaid, or in case of
12
The Postmaster- General may deter-
mine this agreement in case of any breach by the Company, without any previous
notice.
As to the service of
potices.
If, when the agree-
vessel shall have
ment terminates, any started with the Mails,
the voyage to be continued as if the agreement had re- mained in force.
Penalty for the due performance of the agreement.
any breach of this agreement, or any covenant matter or thing herein contained on the part of the said Company, their officers, agents, or servants, and whether there be or be not any penalty or sum of money hereby made payable by the said Company for any such breach, it shall be lawful for the said Postmaster-General, if he shall think fit (and notwithstanding there may or may not have been any former breach of this Contract), by writing under his hand, or under the hand of the secretary or one of the assistant secretaries of the Post Office, to determine this agreement without any previous notice to the said Company or their agents, nor shall the said Com- pany be entitled to any compensation in respect of such determination.
And it is hereby also agreed that all notices or directions which the said Postmaster-General, his officers, agents, or others, are hereby authorized and empowered to give to the said Company, their officers, servants, or agents, other than any notice of termination of this Contract, may, at the option of the said Postmaster-General, his officers, agents, or others, be either delivered to the master of any of the said vessels, or other officer or agent of the said Company, in the charge or management of any vessel employed in the performance of this agreement, or may be left for the said Company at their office or house of business in London, Point de Galle, Mel- bourne, or Sydney, or at their or any of their last known places of business or abode, and any notices or directions so given or left shall be binding on the said Company, Provided always that any notice of termination of this Contract shall be served on the said Company, their officers, servants, or agents, at their office in London."
And it is hereby further agreed that if on the determination of this agreement any vessel or vessels should have started, or should start, with the Mails in conformity with this agreement, such voyage or voyages shall be continued and performed, and the Mails be delivered and received during the same as if this agreement had remained in force with regard to any
such vessels
and services, and with respect to such vessels and services as last aforesaid, this agreement shall be considered as having terminated as and when such vessels and services shall have reached their port or place of destination, and been performed,
And for the due and faithful performance of all and singular the covenants, conditions, provisoes, clauses, articles, and agreements herein-before contained, and which, on the part and behalf of the said Company, their officers, agents, or servants, are or ought to be observed, performed, fulfilled, and kept, the said Company do hereby bind themselves and their successors unto Her Majesty the Queen in the sum of twenty-five thou- sand pounds sterling, to be paid to Her, Her heirs or successors, by way of stipulated or ascertained damages, hereby agreed upon between the said Postmaster-General and the said Com- pany, in case of the failure on the part of the said Company in the due execution of this Contract or any part thereof.
2400.
D
13