}
For delay in delivering outward mails.
And homeward mails.
Limit of amount of deductions.
14
CONTRACT FOR THE CONVEYANCE OF
always that the total amount of the sums deducted as last aforesaid shall not in the aggregate exceed the part of the said subsidy of 370,000 7. for the current year which shall be applicable to the voyage reckoned from the first port of depar- ture to the last port of arrival in respect of which default shall have been made by a sum greater than the sum of 1,000 7.
45. If at any time or times Her Majesty's mails shall not be conveyed from Brindisi to Bombay or from Brindisi to Shanghai within the respective periods of transit hereinbefore stipulated in that behalf then and so often as the same shall happen there 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 from Brindisi to Bombay or from Brindisi to Shangbai as the case may be (reckoned from the commencement of the voyage from Brindisi to Alexandria to the completion of the voyage from Suez to Bombay or Shanghai as the case may be) shall have exceeded the period of transit hereinbefore stipulated in that
behalf.
46. If at any time or times Her Majesty's mails shall not be conveyed from Bombay to Brindisi or from Shanghai to Brindisi within the respective periods of transit hereinbefore stipulated in that behalf then and so often as the same shall happen there shall be deducted from the subsidy which but for this provision would be payable to the Company for the current year a sum of 200 l. for every complete period of 12 hours by which the time actually occupied in the conveyance of such mails from Bombay to Brindisi or from Shanghai to Brindisi as the case may be (reckoned from the commencement of the voyage from be Bombay to Suez or from Shanghai to Suez as the case may to the completion of the voyage from Alexandria to Brindisi) shall have exceeded the period of transit herein before stipulated in that behalf Provided always that in the event of the late arrival of a vessel at Brindisi having on board mails conveyed from both Bombay and Shanghai oue deduction only at the rate aforesaid shall be made under this clause although the times actually occupied in the conveyance of such mails both from Bombay to Brindisi and from Shanghai to Brindisi may have been in excess of the respective periods of transit herein- before stipulated in that behalf and such deduction shall be calculated on the longer of such periods of excess.
47. 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 the part of the said subsidy of 370,0007. for the current year which shall be applicable to the voyages both east and west of Egypt which have or ought to have been performed in the con- veyance of such mails.
48. Each
EAST INDIA AND CHINA MAILS,
15
48. Each of the deductions hereinbefore mentioned shall Deductions absolato. be made and the yearly subsidy of 370,000 7. be reduced accordingly from whatever cause the default or failure in respect of which the same are made shall have arisen and although such default or failure shall have arisen wholly or in part from any cause or causes altogether beyond the control of the Company and although no damage or loss shall have been sustained by reason or in connection with such default and no such deduction shall in any case be waived or the payment thereof remitted by the Postmaster General or 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 370,000 7. after making any such deduction as aforesaid shall in no case prejudice the right of the Postinaster General to treat the failure of the Company to provide an appropriate vessel at any appointed place or time or to perform any service at or within the appointed period as a breach of this Agreement.
49. All accounts in relation to the said subsidy and the Subsidy payabla deductions therefrom shall be made out and settled up to and quarterly. 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 aforesaid upon the settlement thereof and for the purposes of such accounts the said yearly subsidy of 370,000 . shall be deemed to accrue from day to day subject to the liability of the same to be reduced by such deductions as aforesaid.
1.
50. The Postmaster General may at any time before the Power to reduce 1st day of February 1880 elect by notice in writing under the deductions conditional.
subsidy on making hand of one of the Secretaries or Assistant Secretaries of the Post Office to pay during the continuance of this Agreement a yearly subsidy after the rate of 360,000 per annum only instead of the subsidy of 370,000 1. hereinbefore mentioned or so much of such reduced subsidy as shall remain payable in respect of any year after making such deductions therefrom (if any) as hereinbefore in that behalf mentioned in respect of any such default or failure as aforesaid Provided always And it is hereby declared that in the event of the Postmaster General making such election as aforesaid no deduction shall be made from the said reduced subsidy by reason of any such default or failure as in Articles 45 46 and 47 respectively mentioned which is proved to the satisfaction of the Postmaster General to have arisen wholly or in part from any cause or causes altogether beyond the control of the Company.
51. This Agreement shall commence on or as from the 1st Commencement and day of February 1880 and shall continue in force until the 31st
duration of Agreement. day of January 1888 and shall then determine if the Post- master General shall by writing under his hand or under the
ვი.
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hand
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