35

D—No. 1

administrators, or their or his officers, ageuts, or servants in any respect, or whether there be or be not any penalty or sum of money hereby made payable by the Contractors for any such breach, it shall bo lawful for the said Commissioners for executing the said office of Lord High Admiral (if they think fit), and notwithstanding 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 Contractors or either of them, their, or either of their executors or administrators, or their or his agents ; nor shall the Contractors, nor either of them, their, or either of their heirs, executors, or administrators, be entitled to any compensation for, or in consequence of, such determination ; but even if this Contract be so determined, the payment of the sum of money hereinafter agreed to be made, and of any other sum or sums of money then owing or payable by the Contractors, or either of them, their, or either of their heirs, executors, or administrators, shall bo enforced, should the same be not duly paid, and the Contractors, and each of them, their, and each of their heirs, executors, and administrators, 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 said Commissioners, or their secretary, officers, or other persons, are hereby authorised and empowered to give to the Contractors, their officers, servants, or agents, or any of them, 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 Contractors, or either of them, or their, or either of their heirs, executors, or administrators, in charge or management of any vessel employed in the performance of this Contract, or may be left for the Contractors, or either of them, their, or either of their heirs, executors, or administrators, at their or his then or last known office, or house of business, or residence, in London or elsewhere in England. » And it is hereby agreed, that if, when this Contract terminates, any vessel or vessels should have started 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 remained in force with regard to any such vessels and services, but the Contractors shall only be entitled to payment for the same at the mileage rate of Contract for such port of any such voyage as may be then incomplete. And it is hereby agreed, that it shall be lawful to and for the said Commissioners, if they at any time or times think fit, to delegate by writing, under the hands of two of the said Commissioners, to the Governor of New Zealand, or to the officer acting as such, all or any of the powers, authorities, and privileges given or reserved to the said Commissioners by this Contract, and during the time any such delegation may be in force, such Governor or officer shall, as regards the powers, authorities, and privileges so delegated, be enabled to act and have and exercise such powers, authorities, and privileges, as if they had been expressly given or reserved to him by this Contract, instead of to the said Commissioners, and shall and may superintend the carrying out the provisions of this Contract, and pay the money which may from time to time become due to the Contractors, deducting therefrom the several sums of money, interest, fines, and forfeitures hereby authorised to be deducted therefrom. And it is hereby agreed, that notwithstanding anything hereinbefore Contained, the sum which may for the time being be payable to the Contractors under this Contract for the said services, shall, at the option of the said Commissioners, or of the Colonial Authorities of New Zealand, be paid to the Contractors monthly, after such deductions as aforesaid. And, in pursuance of the directions contained in a certain Act of Parliament, made and passed in the twenty-second year of the reign of King George the Third, intituled " An Act for restraining any person concerned in any Contracts, Commission, or Agreements made for the Public Service from being elected, or sitting and voting as a Member of the House of Commons," it is hereby expressly declared and agreed, and these presents are upon the express condition that no Member of tho House of Commons is or shall be admitted to any share or part of this -agreement, or to any benefit to arise therefrom. And lastly, for the due and faithful performance of all and singular the covenants, conditions, provisoes, clauses, articles, and agreements hereinbefore contained, which, on the part and behalf of the Contractors, are, or ought to be observed, performed, fulfilled/and kept, the Contractors do (in addition to, and over and above any other sum or sums of money which the Contractors are hereby liable to pay), hereby bind themselves and their successors unto our Sovereign Lady the Queen in the sum of four 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 Contractors, in case of the failure on the part of the Contractors in the due execution of this Contract or any part thereof. In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written. Signed,' sealed, and delivered in the (Signed) Z. C. PEARSON (L.S.) presence of JAS. COLEMAN (L.S.) JNO. DOUTTY. A. MILNE (L.S.) LOVAINE (L.S.)

1 "'" I .'" mair de " w j t h o ut previous notice or comP ensauon - As . t0 serv '«s of " n when this Con " any vesse i , haU have started. v °v a e e '" b ' mileage rate only. as " Contract remained ln force - Admiralty may d eiegate to the Zea i and the i r powers, _c, s lven b * this Payments to ConJ^ a ""jjj ™ a^be No M.P. to be 'hYreof contract, contractors J? ou " d ln '"'!""• mance 0 f contract,

As to services o£ notices.

If when this Contract terminates any vessel shall have started, voyage to be continued at mileage rate only. as if Contract remained in force.

Admiralty may delegate to the Governor of New Zealand their , powers, «3ic., given by this Contract.

Payments to Contractors may be made monthly.

No M.P. to be entitled to any share of Contract*

Contractors 'bound in 4000& for due performance of Contract.