CO129-044 - Public Offices - 1853 — Page 113

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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Admiralty or Agents may delay vessels not exceeding 24 hours.

Officer in charge of mails may make alterations in case of Etress of weather.

Company to alter

vessels as advanced state of science may suggest, and Admi- ralty may order improvements on granting compensation.

Company always to have vessels ready; and in case of any being disabled, to re- place same.

That should it be deemed by the said Commissioners, or by any of their authorized agents, requisite for the public service, that any vessel employed under this Contract should delay her departure from the United Kingdom, or from any of the places herein or in the said Tables mentioned or referred to, beyond the periods herein and in the said Tables agreed upon, the said Commissioners, or such authorized agents, shall have power and be at liberty to order such delay, not, however, exceeding twenty-four hours, by letter addressed by their secretary or other officer or agent of the said Commissioners to the master of any such vessel, or person acting as such, and which shall be deemed a sufficient authority for such detention, anything herein contained to the contrary thereof notwith- standing.

That if at any time or times, owing to stress of weather, or any other unavoidable circumstances, any vessel employed in the performance of this Contract shall not be able, in the opinion of the officer or person having charge of Her Majesty's mails, to reach in due course any of the places to which she ought to proceed, the same officer or person may and shall give such directions in writing, and make such alterations for the par- ticular case, as shall seem most expedient to him for the per- formance of the service; and any directions or orders which he may give in such cases shall be strictly obeyed by the master of every such vessel, who shall insert such alterations, and the reason thereof, in his log-book, which shall, whenever required, be produced to the said Commissioners, or to any of their officers or agents.

That the said Company shall and will, from time to time and at all times during the continuance of this Contract, make such alterations or improvements in the construction, equip- ments, and machinery of the vessels which shall be used in the performance of this Contract as the advanced state of science may suggest, and the said Commissioners may direct; and that if at any time during the continuance of this Contract the progress of science should enable the vessels employed in the performance of this Contract to be propelled at a much greater speed than herein-before provided, the said Commis- sioners may, if they think fit, order such necessary improvements to be made, granting such compensation to the said Company as may by arbitration be determined to be due for the in- creased expenditure, if any, arising from the making of such improvements.

That the said Company shall at all times during the con- tinuance of this Contract have in constant readiness for the due execution of the services hereby contracted to be per- formed, vessels equal in number, tonnage, and efficiency to those herein-before stipulated to be provided; and shall, in every case of any of the said vessels becoming disabled, immediately, at their own cost and charge, replace the same by good and

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Officer appointed by

Admiralty and servant

to be received on

with authority to

of Contract, and de-

termine as to proceed

ing or putting into harbour, or assisting vessel in distress.

efficient vessels of similar tonnage, obtained by hire or other- wise.

That the said Company shall receive and allow to remain on board each of the said vessels so to be and while employed board, and considered in the performance of this Contract, and also while remaining as agent of Admiralty, at any of the ports or places for return mails, and with or require due execution without mails in charge, an officer in Her Majesty's navy to be appointed by the said Commissioners to take charge of the said mails, and also a servant of the said officer, if required, and that every such officer shall be recognized and considered by the said Company, and their officers, agents, and seamen, as the agent of the said Commissioners in charge of Her Majesty's mails, and as having full authority in all cases to require a due and strict execution of this Contract on the part of the said Company, their officers, servants, and agents, and to determine every question, whenever arising, relative to proceeding to sea or putting into harbour, or to the necessity of stopping to assist any vessel in distress, or to save human life; and that the decision of such officer as aforesaid shall final, unless Admiralty in each and every such cases be final and binding on the said Company, unless the said Commissioners, on appeal by the said Company, shall think proper to decide otherwise. But it is understood, the above expression, "to determine every question," shall not confer upon such officer the power of compulsion in such cases.

Decision of officer

on appeal decide otherwise.

First-class cabin, &c.

to be provided for

deposit of mails.

That a suitable first-class cabin, with appropriate bed, officer, with place for bedding, and furniture, shall, at the cost of the said Company, be provided and appropriated by them for and to the exclusive use and for the sole accommodation of every such naval officer; and also a proper and convenient place of deposit on board, with secure lock and key, for Her Majesty's mails; Officer to be victualled, and that each and every of the said officers shall be victualled provided for, by Com- by the said Company as a chief cabin passenger, without any charge being made either for his passage or victualling; and that, should all or any of such officers require a servant, such servant shall be also provided with a proper and suitable berth, and be duly victualled, by and at the cost of the said Company, without any charge being made for the same.

and his servant be

pany.

Mails to be delivered

and received, and navalofficer to be

the shore, and direction of officer obeyed as to mode, &c. of receiving and de- livering mails.

That Her Majesty's mails shall be delivered and received at each of the places to which the said vessels are to proceed conveyed to and from in the performance of this Contract; and that at each port or place where the said mails are to be delivered and received, the said naval officer having charge of Her Majesty's mails shall, whenever and as often as by him deemed practicable or necessary, be conveyed on shore, and also from the shore to the vessel employed for the time being in the performance of this Contract, together with or (if such officer consider re- quisite for the purposes of this Contract) without Her Majesty's mails in a suitable and seaworthy boat of not less than four oars, to be furnished with effectual covering for the mail bags,

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