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The Postmaster- General to pay the Company a premium of 50%, for delivering the Mails in a less number of days.
The Postmaster-
General may modify notice to the Company,
the services on giving
Penalties for not pro-
six hundred and eleven pounds six shillings and eight pence, and provided further, that the payment of any such sum shall not be enforced against the said Company, if it be shown by them, to the satisfaction of the said Postmaster-General, that the delay has arisen from causes over which they, the said Company, had not and could not have had any control: Pro- vided, however, and it is hereby further agreed and declared, that in the voyage from Sydney vid Melbourne to Point de Galle, and from Point de Galle via Melbourne to Sydney, the space of twenty-four hours shall be allowed over and above the time herein-before above stipulated and appointed for making such respective voyages for detention at Melbourne for the purpose of the delivery and reception of Mails.
to
And the said Postmaster-General doth hereby covenant and agree pay to the said Company a premium of fifty pounds for each and every twenty-four hours within which the said Mails shall be delivered less the number of days hereby covenanted for delivery of the same respectively at Sydney and Point de Galle.
And it is hereby agreed that if at any time or times during the continuance of this Agreement the said Postmaster-General shall desire to modify the services hereby contracted to be performed, (as, for example, to alter the particular days, times, or hours of departure from and arrival at any of the ports or places to or from which Her Majesty's Mails are to be conveyed under or by virtue of this Agreement, or to increase or decrease the frequency of such conveyance,) he shall be at liberty so to do on giving reasonable notice in writing of such his desire to the said Company at their offices in London, and on paying to them for such modified or altered services such further or other consideration, and in the event of the services hereby agreed to be performed being decreased on his paying to them such reduced consideration as may be mutually agreed upon the said Company and the Postmaster-General for the time being, and failing such mutual Agreement by arbitration in the manner herein-after in that behalf provided: And it is hereby further agreed and declared, that the particular days, times, and hours of departure from and arrival at any of such ports or places or other, if any services which may be appointed by any Such modification or alteration in force for the time being as aforesaid shall be deemed to be the days, times, and hours of departure and arrival of Her Majesty's Mails under this Agreement, and shall be observed and kept by the Company accordingly.
between
And the said Company do hereby agree with the said viding efficient vessels, Postmaster-General that if they, the said Company, should fail to provide an efficient vessel at Point de Galle and Sydney in accordance with the terms of this Agreement ready to put to sea on the appointed day and at the appointed hour men- tioned and specified in the said table hereunto annexed, then
Company always to
have three vessels
and in case of being disabled to replace
same.
and in such case, and so often as the same shall happen, the said Company shall forfeit and pay unto Her Majesty, her heirs and successors, the sum of five hundred pounds, and also the further sum of one hundred pounds for every successive twenty-four hours which shall elapse until such vessel shall actually proceed to sea on her voyage in the performance of this Agreement: Provided further that the payment of any such sums shall not be enforced against the said Company, if it be shown by them to the satisfaction of the said Postmaster- General that the delay has arisen from causes over which they, the said Company, had not and could not have had any control.
That the said Company shall at all times, during the con- ready for the service, tinuance of this Agreement, have in constant readiness, for the due execution of the service hereby agreed to be performed, not less than three full-power steam vessels, and shall, in every case of any or either of such vessels becoming disabled, with all possible speed, at their own costs and charges, replace the same by good and efficient vessels of similar steam-power and efficiency obtained by hire or otherwise.
An officer in the navy
to remain on board the vessels, and to take charge of Mails.
The Postmaster- General may substi- tute a civil officer in the place of a naval
officer.
That the said Company shall receive and allow to remain on board each of the said vessels so to be and while employed in the performance of this Agreement, and also while remaining at each or either of the ports or places for Return Mails, and with or without Mails in charge, an officer in Iler Majesty's navy to be appointed by the said Postmaster-General to take charge of the said Mails, and also an assistant or servant of the said officer (if required), and that every such officer shall be recognized and considered by the said Company, their officers, agents, and seamen, as the agent of the said Post- master-General in charge of Her Majesty's Mails, and as having full authority in all cases to require a due and strict performance of this Agreement on the part of the said Com- pany, 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 in each and every such case be final and binding on the said Company, unless the said Postmaster-General on appeal by the said Company shall think proper to decide otherwise: Frovided, however, and it is hereby agreed, that the words "to determine every question shall not confer upon such officer the power of compulsion in such cases.
That if the said Postmaster-General at any time or times think fit, he shall be at liberty in any case or cases to substitute for the said naval officer and his assistant or servant a civil officer in the service of the Postmaster-General, to have charge of the said Mails, and in such case or cases any such last- mentioned officer, and also an assistant of the said officer (if
B
2400,
5
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