117
tion may be made a rule of Court of Ex- chequer.
If mails stopped through Egypt Ad- miralty to determine.
All postage at disposal of Postmaster General.
for 8 years, and then
If no such notice, Con- 8 years until 12 months
tract to continue after
notice.
Submission to arbitra- chosen respectively as aforesaid. And it is agreed, that any sub- mission which may be made to arbitration in pursuance of this contract shall be made a rule of Her Majesty's Court of Exche quer, pursuant to the statute in that case made and provided, and that any witnesses examined upon any reference may be ex- amined upon oath. That in the event of an entire stoppage of Her Majesty's mails through Egypt, such circumstances shall be investigated by the said Commissioners, in order that the said Commissioners may come to such determination as in their opinion the circumstances of the case may require. And it is hereby agreed, that the whole postage of all mails, despatches, and letters of every description conveyed in the vessels employed under this Contract, whether carried from or out of Her Majesty's domi- nions or otherwise, shall be at the disposal of Her Majesty's Post- This Contract to com- master General. And it is hereby agreed and declared, that mence 1 January 1853 this Contract shall commence on the first day of January determine if 12 months one thousand eight hundred and fifty-three, and shall continue notice have been given. in force for eight years, and then determine, if the said Commis- sioners shall by writing under the hand of the Secretary of the Admiralty for the time being have given to the said Company, or the said Company shall have given to the said Commissioners, twelve calendar months' notice in writing that this Contract shall so determine; but if neither the said Commissioners nor the said Company shall give any such notice, this Contract shall continue in force, even after the said term of eight years, until the expiration of a twelve calendar months' notice in writing as aforesaid, which may be given at any period of the year by either of the parties hereto to the other of them, and which last-mentioned notice may be given at any time after the expiration of the first seven years of this Con- ments to be undertaken said Company shall undertake for themselves all arrange. And it is hereby distinctly understood, that the
ments relative to quarantine as connected with the due and regular performance of the conditions of this Contract. And it is hereby further agreed and provided, that, without the consent of the said Commissioners, signified in writing under the hand of one of their Secretaries, neither this Contract nor any part thereof shall be assigned, underlet, or disposed of, and that in case of the same or any part thereof being assigned, underlet, or otherwise disposed of without such consent signified as aforesaid, or in case of any breach of this Contract on the part of the said Company, their officers, agents, or servants, in any respect, 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 Commissioners for executing the said office of Lord High Admiral (if they think fit, and not- withstanding there may or may not have been any former breach of this Contract), by writing under the hand of one of their Secretaries for the time being, to determine this Contract, without any previous notice to the said Company or their agent, nor shall the said Company be entitled to any compensation in consequence of such determination; but even if this Contract be so determined the payment of the sum of money hereinafter
Quarantine arrange-
by Company.
Contract not to be assigned, &c.
In case of assignment
or breach, Admiralty may determine Con-
tract without previous
notice or compensa- tion.
tract.
14
As to service of
notices.
agreed to be made shall be enforced, should the same be not duly paid by the said Company, and the said Company shall continue liable for any liability which they may have incurred previous to any such determination. And it is also agreed, that the notices or directions which the same Commissioners, or their Secretary, officers, or other persons, are hereby authorized and empowered to give to the said Company, their officers, servants, or agents, may, at the option of such Commissioners, or their Secretary, officers, or other persons, 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 Contract, or may be left for the said Company at their office or house of business in London. And it is hereby agreed, that the Contracts bearing date respectively on or about the twenty-sixth day of December one thousand eight hundred and forty-four and on or about the sixth day of January one thousand eight hundred and forty- nine, and respectively made between the said Company of the one part, and the Commissioners for executing the office of Lord High Admiral, on behalf of Her Majesty, of the other part, shall be deemed and be considered to remain in force until the said first day of January one thousand eight hundred and fifty-three, from and after which day the same are hereby terminated and annulled; save and except that all vessels which those Contracts to per- shall have commenced or may commence any voyage in con-
Contracts dated 26th December 1844 and 6th January 1849 to
be in force only until
1st January 1853.
All vessels under
form their voyages,
and deliver and formity with the said Contracts or either of them shall continue receive mails, as if they remained in
and perform such voyage and voyages, and deliver and receive force, without payment. the mails during the same, as if such Contracts remained in force with regard to any such vessels and services, but the said Com- pany shall not be entitled to receive any payment or compensa-
terminates any vessel shall have started, voyage to be con tinned free of charge as if Contract remained
in force.
Company bound in
formance of Contract
If when this Contract tion for the same: Provided always, that if when this Contract terminates any vessel or vessels should have started or should start with mails, in conformity with this Contract, such voyage or voyages
shall be continued and performed, and the mails be delivered and received during the same, as if this Contract re- mained in force with regard to any such vessels and services; but the said Company shall not be entitled to any payment or compensation for the same. And lastly, for the due and faithful 35,000 for due per performance of all and singular the covenants, conditions, pro- visoes, clauses, articles, and agreements herein-before contained, which on the part and behalf of the said Company are or ought to be observed, performed, fulfilled, and kept, the said Company do hereby bind themselves and their successors unto our Sovereign Lady the Queen in the sum of thirty-five thousand pounds of lawful money of the United Kingdom to be paid to our said Lady the Queen, her heirs and successors, by way of stipulated or ascertained damages hereby agreed upon between the same Commissioners and the said Company in case of the failure on the part of the said Company in the due execution of this Contract or any part thereof.
In witness whereof the said Peninsula and Oriental Steam Navigation Company have hereunto set their corporate seal,
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