659434-1889-Mail-Contract-Canadian-line — Page 10

784-

Failure to com- mence services.

THE HONGKONG GOVERNMENT GAZETTE, 21ST SEPTEMBER, 1889.

Completion of journey at end of Agreement.

Company to load

unload land embark

under this Agreement up to the 31st day of January 1898 the sum of 20,000 /. which said last-mentioned sum shall be received and accepted by the Company in full satisfaction of all damages expenses claims and demands which they may sustain or incur by reason or in consequence of such earlier determination of this Agreement, as aforesaid.

(4.) The Postmaster-General shall not without the consent of the Company appoint a day on which the first of the said steam vessels shall start from the said port of Hong Kong earlier than the first day after the expiration of 18 months from the date of this Agreement.

39.-(1.) If the Company shall fail to commence the performance of the services hereby agreed to be performed by means of such new vessels as aforesaid and generally in manner hereby provided on the day appointed by the Postingstreneral in that. behalf the Company shall pay to Her Majesty her heirs or sucedastipulated or ascertained damages in respect of such default the sum of 100 y successive period of 24 hours which shall elapse before the Company shall cons the perform-

ance of such services Provided always that the total amount which shall become payable by the Company in respect of such default as aforesaid shall not in the aggregate exceed 20,000 7.

(2.) Provided also that if the Company shall be prevente by strikes or combinations of workmen from providing one of the new vessels

constructed under the provisions of this Agreement for the conveyance of the

from Hong Kong on the day appointed for the commencement of the services under this Agreement the Company shall not be liable to make such payments as in this the Company provide another vessel for the conveyance of such mails and if the Company provide such new vessels for the performance of the said sergies within such time after the said appointed day as the Postmaster-General may thinsonable.

provided if

40. If on the determination of this Agreement any vessel or

or any train or trains shall have started or ought to have started with any mails of voyage or voyages or journey or journeys in conformity with this Agreement hole, journey and voyage between Halifax or Quebec (as the case may be) and Hop

Ang on which any such train or vessel shall have started shall be continued and med and the mails shall be conveyed embarked transferred and delivered dunes and at the determination of the same as if this Agreement had remained in force And with respect to such trains vessels and services as last aforesaid respectively this Agreement. shall be considered as having terminated when the whole journey m Halifax or Quebec (as the case may be) and Hong Kong on which vessel shall have started shall be completed and all services in com journey and voyage shall have been performed but the Company shallot be entitled to receive any payment or compensation over and above the subsidy payable on the day when this Agreement (otherwise than as to the said journey or urneys voyage or voyages) determined.

SUPPLEMENTAL PROVISIONS.

yage between

uch train or on with such

the mails

41.-(1.) The Company shall at their own cost load and and transfer mails. conveyed or intended to be conveyed under this Agreement by the train to be provided thereunder and land and embark the mails conveyed or intended to be conveyed under this Agreement by the steam vessels to be provided thereunder and shent their own cost transfer the mails at the port of Vancouver from the trains to theels and from the vessels to the trains of the Company.

: Delegation of

powers,

Notices.

(2.) The Company shall accordingly at their own cost provide an adequate number of porters and other servants and suitable apparatus and er means for loading unloading landing embarking and transferring the mails, this clause provided and shall be wholly responsible for the due loading untong embarking landing transfer and delivery of the mails.

(3.) The Company and all officers agents and servants of the Cabany shall at all times punctually attend to the orders and directions of the Postmas-General his deputies officers servants or agents as to the mode time and place of long unloading landing embarking transferring and delivering the mails and shall at all times protect the mails to the utmost of their power.

42. The Postmaster-General may from time to time delegate any - the powers vested in him by virtue of these presents to such person or persons as.

all think fit. 43.—(1.) All notices or directions which the Postmaster-General his officers or agents or the Admiralty their officers or agents are hereby authorised to give to the