D.—3

1873. NEW ZEALAND.

NEW ZEALAND SHIPPING COMPANY,

(ARTICLES OF AGREEMENT WITH).

Presented to both Houses of the General Assembly by command of His Excellency.

Articles of Agreement made and entered into this twenty-sixth day of June, one thousand eight hundred and seventy-three, between the Officer Administering the Government of the Colony of New Zealand, in the name and on behalf of Her Majesty Queen Victoria, (who, with her heirs and successors, is and are hereinafter expressly included in the expression " the Queen,") of the one part, and " The New Zealand Shipping Company, Limited," carrying on business at Christchurch and elsewhere, in the Colony of New Zealand, (who, with their successors and assigns, are hereinafter expressly included in the expression "the Company,") of the other part. Whereas the Officer Administering the Government of the said Colony on behalf of the Queen hath agreed with the Company for the conveyance of passengers or emigrants, and for the carriage of cargo, in and by the ships or vessels of the Company, from the United Kingdom of Great Britain and Ireland to the Colony aforesaid, upon tho terms, and subject to the stipulations and conditions, hereinafter mentioned or referred to: Now these presents witness that the Queen, so far as the covenants hereinafter contained are to be performed by her, doth hereby covenant and agree with the Company; and the Company, so far as the covenants hereinafter contained are to be performed or observed by them, do hereby covenant and agree with the Queen, in the manner hereinafter particularly set forth: 1. It is hereby mutually agreed that, in the construction of these presents, the words and expressions hereinafter mentioned shall have the meanings respectively assigned thereto, unless there shall be something in the context or subject-matter repugnant or contrary to such construction: that is to say,— "Agent-General " shall mean the Agent-General of the Government of the Colony for the time being, in London, in England; and whenever under these presents any act or thing is required to be done in the United Kingdom on behalf of the Queen or the Government of the Colony, it shall be sufficient and binding if done by such Agent-General as aforesaid. " Emigrants " shall mean any passengers or persons who may be sent out or be emigrating to the Colony aforesaid under the provisions of " The Public Works and Immigration Act, 1870," or any Act amending the same, or any regulations made thereunder and in force for the time being. "Statute adult" shall have the same meaning as the like expression has attached thereto in the Act of the Imperial Parliament of which the Short Title is "The Passengers Act, 1855." " Cargo " shall mean any goods, chattels, wares, or merchandise of any kind or description soever (not specially excepted by this contract), except live animals. "Delivery of cargo " shall mean delivery of cargo at the ship's side, according to the custom of the port. 2. The Queen will forthwith after the execution of these presents cause a cablegram, in the form in the First Schedule hereto, to be sent to tho Agent-General; and on the day next succeeding the day of the receipt thereof by him, this contract shall be deemed to commence, and thereafter shall continue and be in force (subject to the conditions hereinafter contained) until the thirty-first day of January, one thousand eight hundred and seventy-four. 3. After the receipt of such cablegram, and during the continuance of this agreement, all emigrants and cargo, wdiieh the Agent-General shall send or be desirous of sending to the said Colony, shall be sent and forwarded by the ships or vessels of the Company : Provided that nothing herein contained shall prevent the Agent-General from sending or forwarding any emigrants or cargo in fulfilment of any contracts entered into by him on behalf of the Queen before the receipt of such cablegram as aforesaid, nor affect or prejudice any contract, act, or thing hereinafter expressly exempted from the operation of these presents. 4. The conditions set forth in the Second Schedule hereto, and every part thereof, shall be incorporated with these presents, and shall be binding on the parties hereto as fully and effectually as if the same were set forth at length herein. 5. Subject to such conditions, the Company shall find and provide such ships as may required by the Queen from time to time for carrying out this agreement, and for the conveyance of emigrants and for the carriage of cargo, or for only one of such purposes or for both such purposes ; and the Company shall be entitled to be paid for the same as and in the manner particularly mentioned herein and in the said conditions respectively. I—D. 3.