File 3531/1905 Pt 1 ‘Mesopotamia:- Euphrates + Tigris S. N. Co.; Mail contract’ [‎325v] (20/148)

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Delay may be
ordered or per
mitted by said
Governmerst
Officer, &c f
Conveyance of
mails.
Delivery and
receipt of mails.
Landing', deliver
ing, and receiving
mails. Orders of
Government
Officer, &<*. to be
attended to.
Penalty for failure
to provide efficient
vessel ready to
undertake the trip.
Penally for delay.
’'K
2
authority from time to time on giving fourteen days’ notice to the Compan 3
local agent; and in the event of any disagreement between the Governni t
Officer and the Company’s Agent the decision of the Government 0^ \
shall prevail, subject only to the provisions of clause 21 .
7. That should it be deemed desirable by the said Government Officer or
any other officer or officers specially empowered on his behalf, that an
vessel employed under this Contract should delay her departure from
Bussora or Bagdad, or from any of the intermediate places, as the case mav
be, beyond the period agreed upon, or if the Company shall so request
the said Government Officer or other officer specially empowered may order
or permit such delay by order addressed to the master of any such vessel
or person acting as such, and which shall be deemed a sufficient authoritv
for such detention, but it is understood that the Government Officer will not
exercise his right to detain any vessel except for very urgent reasons.
8 . That during the continuance of this Contract, and in consideration of
the payment of the subsidy herein-after provided for, the said vessels shall
on every voyage duly and safely carry all mails of the Government of India
including Post Office stores and all articles (other than merchandise, specie*
precious stones, and jewellery sent by post, as well as the bags or boxes in
which they are conveyed), which shall be required to be conveyed on such
voyage between Bussora and Bagdad, or any of the intermediate places.
Provided that the Company shall not be responsible for any loss or damage
to mails, stores, or other articles caused or occasioned by the act of God the
Xing’s enemies, pirates, restraints of princes, rulers, or people, fire, collision
theft, or perils or accidents of navigation, beyond the control of the Companv
or their servants. ^
9. That the said mails shall be duly and safely and with all practicable
despatch delivered and received at each of the places to which the said
vessels are to proceed in the performance of this Contract.
10. That the 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 Company, shall at all times during the continu
ance of this Contract punctually attend to the orders and directions of the
said Government Cfficer, or any other officer or officers specially empowered
on his behalf, as to the landing, delivering, and receiving of the said mails.
11. That if the Company shall at any time fail to provide an efficient
vessel m accordance with the terms of this Contract ready to undertake the
voyage from Bussora or Bagdad on the day and at the hour fixed as before
mentioned, then and in each case and as often as such default shall happen
the Company shall forfeit and pay into the Treasury of the Government
ot India at Calcutta as and by way of liquidated damages the sum of rupees Indian silver coin also widely used in the Persian Gulf.
and ^ tj - for each and ever y successive twenty-four hours, up to
the tenth day inclusive, which shall elapse from and after the said hour
until such vesse! shall actually proceed on her voyage in the due performance
of this Contract, and m calculating such delay any fraction of a day
shall reckon as a complete twenty-four hours, but nevertheless so that the
Company shaH not m any case be liable to any penalties under this clause if
the default be proved to the satisfaction of the said Government, or of the
said Government Cfficer, to have arisen from accident or circumstances over
which the Company or their servants had not and could not have had any
conti °1 or to have been occasioned by insufficiency of water in the low season
Company consistently withteTern-
12 . That in case any vessel employed or to be employed in the perform-
:r„^e hots calrulLe S d o“ 0t / r ? re a ‘ B ” OT Ba * dad beforeTe end
then and in each and every of such Tases ^and^ 1, ft 6 amVal u ^" 011 Ve3SeI ’
happen the Comoanv shall V i eS ’ and aS 0 ^ en as suc h default shall
STof '^-7 of the Govern-
UI jaomnay, as and by way oi liquidated damages,