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charge of sucn mails, shall himself, immediately on the arrival at any of the said ports or places of any vessel so conveying the same, deliver the said mails into the hands of the postmaster of the port or place where such mails are to be delivered, or into the hands of such other person as the said commissioners shall direct and authorize to receive the same, receiving, in like manner, all the return mails to be forwarded in due course.
That at each port or place where the said mails are to be delivered and received, the naval officer or such other person to be appointed as aforesaid 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 or person considers requisite) without the said mails, in a suitable boat, with not less than four oars, to be provided and properly manned and equipped by the said company, and that the directions of the naval officer or other person as aforesaid shall in all cases be obeyed as to the mode, time, and place of receiving and delivering the said mails.
That if any vessel employed in the performance of this contract, having the mails on board, shall stop, linger, or deviate from the direct course on her voyage, (except from stress of weather or other unavoidable circumstances, or when authorized as aforesaid,) or shall delay starting at the appointed time, or shall put back into port after starting, without the sanction, in each and every case, of the officer or other person authorized to have the charge of the said mails, then and in each and every of such cases, and as often as the same shall happen, the said company shall and will forfeit and pay unto Her Majesty, her heirs and successors, the sum of £100; and that if any vessel which ought to leave the place which may be appointed for her departure from England for Barbadoes in the performance of this contract, shall not proceed direct on her voyage for twelve hours after the proper and appointed time, (except as aforesaid,) the said company shall and will, so often as any such omission shall happen, forfeit and pay unto Her Majesty, her heirs and successors, the sum of £500. and also the further sum of £500 for every successive period of twelve hours which shall elapse until such vessel shall proceed direct on her voy. age in the performance of this contract. And that if any vessel which ought to leave any other port or place in performance of this contract shall not proceed direct on her voyage for twelve hours after the proper and appointed time, (except as aforesaid,) the said company shall and will, so often as any such omission may occur, forfeit and pay unto Her Majesty, her heirs and successors, the sum of £200; and also the further sum of £200 for every successive period of twelve hours which shall elapse until such vessel shall proceed direct on her voyage in the performance of this
That every naval officer or other person authorized to have the charge of the said mails shall, either alone or with such other persons as he may consider necessary, have full power and authority, as often as he may deem it requisite, to examine and survey in such manner, and with the assistance of such persons as he may think proper, any of the vessels employed, or to be employed, in the performance of this contract, and the hulls, machinery, and equipments thereof, on his giving notice to the master for the time being of the vessel about to be examined of such his intention; and if any defect or deficiency be ascertained, and notice thereof be given to such master, and if the said master shall not immediately, or
as soon as possible, thereupon remedy, replace, or effectively repair, or make good every such defect or deficiency, the said company shall, in every such case, forfeit and pay to Her Majesty, her heirs and successors, the sum of £100; but the payment of such penalty shall not in any wise release or discharge the said company from remedying, replacing, or effectively repairing or making good such deficiency or defect, or from being considered not to have committed a breach of this contract. And that the said commissioners shall also have full power, whenever and as often as they may deem it requsite, to survey, by any other of their officers or agents, all and every the vessels employed, and to be employed in the performance of this contract, and the hulls thereof, and the engines, machinery, furniture, tackle, apparel, stores, and equipment of every such vessel; and if any such vessel, or any part thereof, or any engines, machinery, furniture, tackle, apparel, boats, stores, or equipments, shall, on any such survey, be declared by any of such officers or agents unseaworthy, or not adapted to the service hereby contracted to be performed, or if such officers or agents shall deem it necessary or expedient that any alteration or improvement shall be made therein, or any part thereof, in order to keep pace with the more advanced state of science, every vessel which shall be disapproved of, or in which such deficiency, defect, or want of improvement shall appear, shall be deetned inefficient for any service hereby contracted to be performed, and shall not be employed again in the conveyance of the mails until such defect or deficiency shall have been repaired or supplied, or the alterations or improvements, as the case may be, shall have been made to the satisfaction of the said commissioners; and, if einployed before such defect or deficiency shall have been supplied, or such alterations or improvements, as the case may be, shall have been made to the satisfaction of the said commissioners, the said company shall forfeit and pay to Her Majesty, her heirs and successors, the sum of £500.
That the said company and all commanding and other officers of the vessels to be employed in the performance of this contract, and all agents, seamen, and servants of the said company, shall, at all times, during the continuance of this contract, punctually attend to the orders and directions of the said commissioners, or of any of their officers or agents, as to the landing, delivering, and receiving the mails. And it is hereby agreed, by and between the parties hereto, that all and every the sums of money hereby stipulated to be forfeited and paid by the said company unto Her Majesty, her heirs and successors, shall be considered as stipulated or ascertained damages, and shall and may be deducted and retained by the said commissioners out of any moneys payable, or which may thereafter be payable, to the said company, or the payment may be enforced, with full costs of suit, at the discretion of the said commissioners.
That the said company shall and will, when and as often as in writing they or the masters of their respective vessels shall be required so to do by the said commissioners, or by such naval or other officers or agents acting under their authority, (such writing to specify the rank or description of the person or persons to be conveyed, and the accommodation to be provided for him or them,) receive, provide for, victual, and convey on board each and every or any of the vessels to be employed in the performance of this contract (in addition to the naval officer or other person authorized to have the charge of the said mails) any officers in the navy, army, or civil service of Her Majesty, not exceeding two, as chief-cabin passengers,
and any persons, not exceeding two, as fore-cabin passengers, and any number of seamen, marines, or soldiers, not exceeding ten, charging for such passengers two-thirds only of the fares or rates charged by the said company for ordinary passengers of a similar description.
And that the said company shall and will receive on board each and every of the said vessels employed in the performance of this contract any number of small packages containing astronomical instruments, charts, wearing apparel, or other articles, and convey and deliver the same to, from, and between all or any of the said ports or places to or from which the said mails are to be conveyed in the performance of this contract, when and as often as directed by the said commissioners, or their secretary or agents duly authorized, free from all costs and charges; and also shall and will receive on board each and every of the said vessels, and convey and deliver to, from, and between all or any of the same ports or places, any naval or other stores, not exceeding five tons in weight, at any one time, in any one vessel, at the rate of freight charged by the said contractors for private goods, on receiving from the said commissioners, or any of their officers or agents, two days' previous notice of its being their intention to have such stores so conveyed.
And the said commissioners, in consideration of the premises, and of the said company, their officers, servants, and agents, strictly and punctually performing the whole of the said service hereby contracted to be performed, and observing and keeping the covenants and agreements hereby entered into by them, do, for and on behalf of Her Majesty, her heirs and successors, promise and agree that they, the said commissioners, on behalf of Her Majesty, will, for the time the whole of the said service shall have been strictly performed, pay or cause to be paid to the said company, by bills at sight, payable by Her Majesty's Paymaster General, a sum after the rate of £240,000 per annum, by equal quarterly payments, and with a proportionate part thereof should this contract terminate on any other day than a day of quarterly payment, such payments to be subject, however, to the abatement of any forfeitures which the said company may have incurred as herein provided, and the first of such payments to be made at the expiration of three calendar months from the period when the first of such steam-vessels shall have put to sea on her voyage to Barbadoes in performance of the entire service hereby contracted for.
And it is hereby agreed that, if at any time and so long as the said company shall make it appear to the satisfaction of the commissioners of Her Majesty's Treasury for the time being (but not otherwise) that from any change in the relations between this kingdom and any foreign countries, or from war or other causes, distinctly of a public and national character, to be judged of by the same commissioners, the rate of insurance for steamvessels, and the freight payable by the said contractors for coals which may be sent out from the United Kingdom to be used in the performance of this contract, and the rate of insurance on such coals shall have been raised above the averages hereinafter mentioned, that is to say, 67. 6. per cent. per annum on such steam-vessels as aforesaid, 17. 2s. 6d. per ton for the freight of coals, and 21. 2s. per cent. for the insurance thereon, the said company shall be paid an additional yearly sum of money according to the increase above the said specified averages; but the said additional sum of money for freight shall be paid in respect of 60,000 tons per annum, and no more, and the yearly amount of any additional sum of money to be paid
as foresaid, in any case or under any circumstances, either for insurance and freight or otherwise, shall not exceed 60,000l. per annum.
And it is hereby further agreed, that if after the said commissioners of the Treasury shall have decided that some additional sum of money should be paid to the said company, in consequence of any such increase in the said rates of insurance aud freight, any difference should arise as to the amount so to be paid, such difference shall be referred to two arbitrators, one to be chosen from time to time by the said commissioners of the Treasury, and the other by the said company; and if such arbitrators should at any time or times not agree in the matter or question referred to them, then such question in difference shall be referred by them to an umpire, to be chosen by such arbitrators before they proceed with the reference to them, and the joint and concurrent award of the said arbitrators, or the separate award of the said umpire, when the said arbitrators cannot agree, shall be binding and conclusive upon all parties.
And it is hereby also agreed, that, if, in the opinion of the said commissioners for executing the said office of Lord High Admiral, a portion of the service hereinbefore mentioned can be satisfactorily performed before the pèriod at which this contract is to commence, as hereinafter provided, the same commissioners shall, if they think proper, direct and allow such portion of the said service only to be performed by such number of such steam vessels, as aforesaid, as they may deem necessary, and in that case there shall be paid to the said company a sum after the rate of 20,000l. per annum for every such steam-vessel while so employed.
And it is hereby further agreed, that if an entire stoppage of any part of the service hereby contracted to be performed shall occur by reason of any change in the relations between this kingdom and foreign countries, or by reason of war or other causes, distinctly of a public and national character, the said commissioners of the Treasury shall have power to make such alterations in the course and services of all or any of the vessels employed in the performance of this contract, even beyond the limits of the several ports or places to which the said mails are hereby agreed to be conveyed, as they the same commissioners may deem most advantageous to the public, provided that for the effecting any such alterations it shall not be necessary for the said company to employ any more such steam or sailing vessels as a foresaid than they are hereby bound to employ in duly performing the whole of the said service hereby specifically contracted to be performed; And in case the same commissioners shall consider that any such alteraions cannot be satisfactorily made, and the said company can perform the emainder of the said service with a less number of vessels than is required o be employed by them while performing the whole of the said service, hen, and so long as such may be the case, there shall be a reasonable anual deduction made from the money hereby agreed to be paid to them, or uch other arrangement made by the same commissioners as they, the same ommissioners, may consider fair and just between the company and the ublic.
And it is hereby agreed and declared, that this contract shall commence the 1st day of December, 1841, or on such earlier day as the parties ereto may mutually arrange, and shall continue in force for 10 years from e first day on which the first of such steam-vessels shall put to sea for arbadoes with the mails, in performance of the entire service hereby conacted for, and then determine if the said commissioners, parties hereto, all, 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, 12 calendar months' notice in writing, that this contract shall determine at the expiration of the said term of 10 years; 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 10 years, until the expiration of 12 calendar mouths' notice, in writing as aforesaid, shall be given by either of the parties hereto to the other of them.
And it is hereby further agreed and provided, that the said company shall not assign, underlet, or dispose of this contract, or any part thereof; and that in case of the same, or any part thereof, being assigned, underlet or otherwise disposed of, or of any breach of this contract on the part of the said company, their officers, agents, or servants, it shall be 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 their Secretary for the time being, to determine this coutract, without any previous notice to the said company or their agents; 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 agreed to be made shall be enforced, should the same be not duly paid by the said company.
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 of their secretary, officers, or other persons, be either delivered to the master of the vessel, or other officer, agent, or servant 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 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 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 £50,000 of lawful money of the United Kingdom, to be paid to our said Lady the Queen, her heirs and successors, by way of stipulated 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 due execution of this contract, or any part thereof. In witness whereof, two of the said commissioners for executing the office of Lord High Admiral have hereunto set their hands and seals, and the said "Royal Mail Steam Packet Company" have hereto set their corporate seal the day and year first above written.
Signed, sealed, and delivered by the said Commissioners, in the presence of
W. PARKER, [L. S.]
The corporate seal of the above-named Royal Mail Steam Packet Company was hereunto affixed, by order of the Court of Directors, in the presence of
W. H. PITCHER, Sec. to Directors.