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 ARTICLES OF AGREEMENT made this isth day of 
 
 December in the year of our Lord 1843 between James Wliitney of tl>e City of St. John 
 in the province of New Brunswick Merchant of the one part and Alexander FJiott of 
 , Hahfax in the province of Nova Scotia Naval Storekicixr of the Dockyard at Halifax 
 
 ;aforesaid for and on behalf of Her Majesty her lu-irs and succc-sors under the direction of 
 Conveyance the Lords Coumiissioners for Exrcutinj^ the Office of Lord IliL'h Admiral of the United 
 ofMaibbe- Kingdom of Great Britain and Ireland of t!ic other part Witness that the said .'anies 
 f^'and "' Whitney for and in consideration of the sum oi' Four Tiidusand One Hundred and Fifty 
 St. Johns for Pounds of sterling money of Great Ihitain to he to hii.i paid upon tiie terms and under 
 16 4150 per the Stipulations hereinafter contained doth hrrchy covenant promise and a^'rce to and with 
 annum. w^q gajj Alexander Eliott (on l)ehair of Her lajesty ) liiat lie llie said James Whitney will 
 
 during the continuance of this \ resent Contract carry and coumv as iuMvinal'ter provided 
 Her Majesty's Mails (under which term ail dispiitcius and litters are meant to be includ- 
 ed) which shall at any time and from time to time by the Commissioners aforesaid or 
 Her Majesty's Postmaster General or any of tiie OHiccrs or Aucnts of the said Com- 
 missioners or Postmaster General be ie(|uir.'tl to lie conwycd between Halifax aforesaid 
 and St. Johns in the Island of Newtbundland twice eai !i way every calendar month the 
 Ki7rfH"°i"''' ^^ils which leave England durinu: the montiis of April May June July August Septem- 
 J!!!^'",'r"'r'l'' ber October and November and once in each month durini:; the months of December 
 
 OnM do. of ini: tour r^ 
 
 ou»riDo..ihfc January February and March The said Mails to be carried and conveyed in a good and 
 »t»m v,.«i <.! 100 sufficient Steam vessel of not less than one hundred hor.-e power during the months of 
 "pifiH^U'^mS" April May June July August September October Novcmlier and December and in a good 
 Aoi"!uiiii, v«»i ^"d sufficient sailing vessel of not less than one hundred and twenty tons burthen during 
 S.'MtoJi-iJf '"" the months of January Febnuuy and March under the stipulations hereinaller contained 
 
 ■Uu. 
 
 EHclcnl Rleim 
 
 The said James Whitney doth hereby covenant promise and agree to and with the said 
 Alexander Eliott (on behalf of Her Alajesty) that he the said James Whitney shall and 
 'i.K'p'Zi<i»<i will at all times during the continuance of this contract provide maiiitain and keep sea- 
 worthy and in complete readiness for the purpose of conveying liic said Mails a good 
 substantial and efficient Steam vessel to be supplied and turnislied wilii engines of not 
 less than one hundred horse power the said vessel to l)e and wiiile em])loyed in the per- 
 formance of the C(mtract shall be supplied and iiirnislud witii all necessary and proper 
 engines machinery furniture stores aiul ajjijarel and manned with c(,mpetent Officers En- 
 gineers and a sufficient crew of able seamen and otiici' men to be in all respects as to 
 vessel machinery engines equipment and ciew subject to the approval of the said Com- 
 missioners or the senior Naval Olficer on the North American Station or such other per- 
 son or persons as they or he shall from tiuu- to time apixiint foi' that |)uri)ose the said 
 James Whitney being reipiircd and bound to make such reasonable im|)i()vemcnts in the 
 said vessel her engines machinery and e(|ui|)menls as may b from time to time neces- 
 Do. SailinR ''^'T ^"'^ proper And also sliall and will during the continuance of this Contract provide 
 Vessel.j maintain and keep seaworthy a good substantial and eificient sailing vessel of not less 
 than one hundred and twenty tons biu'then new measurement which vessel shall be always 
 supplied with all necessary and i)roper ajjparel fiu'niture stores tackle masts yards sails 
 anchors cables cordage boats jiumps ])rovisions and whatever else may be requisite aiul 
 necessary for equipping the said vessel and rendeiing her constantly efficient for the ser- 
 vice hereby contracted for and also manned with competent Officers and a sufficient crew 
 and to be in all respects as to vessel equij)ments Officers and crew subject to such aj)- 
 proval as aforesaid And also that he the said James Whitney shall and will during the 
 continuance of this Contract diligently faithfully and to the satisfaction of the said Com- 
 missioners and also of the Naval Commander in Chief or senior Naval Officer on the 
 North American Station and with all iwssible sjjced in every case convey twice each way 
 in the months of April May June July August Se))teinber October and November and 
 once each way in the months of December January February and March as foresaid 
 M.u.ui>.fbnnTd Her Majesty's Mails in the said vessels as hereinafter mentioned And that a Steam 
 2i!Ka"('KSi«' "Vessel so approved of equipped and manned as aforesaid with Her Majesty's Mails on 
 board within twelve hours after the arrival at the port of Halifax from England of each 
 of the Mail Steam Packets employed under a Contract with Samuel Cunard Esquire of 
 Hahfax or upon the arrival of the regnlar Mails from England in whatever way the same 
 may be conveyed shall leave that port after receiving Her Majesty's Mails on board and 
 
 from Boflud. 
 
 -'^y-^L 
 
n .>,^^3i,-V^^^. 
 
 lo. 
 
o 
 
 ,1 ;ii 
 
 To return 
 after 2 days 
 itay there. 
 Longer stay 
 if sauctioued. 
 
 Sailing Ves- 
 sels not to 
 touch at 
 Cape Breton. 
 
 But Steamers 
 may. 
 
 Stay 
 
 confined to 
 24 hours. 
 
 Mails to be 
 conveyed to 
 and from 
 Cape Breton. 
 
 Steam Vessel 
 lost to be 
 replaced and 
 Mails in the 
 mean time to 
 be conveyed 
 in Sailing 
 Vessels. 
 
 Mails to he 
 landed and 
 put on board 
 at the 
 e.xpense of 
 .T. Whitney 
 if St. Johns is 
 inaccessible. 
 
 If dAji nf arriTHl iif 
 MtiU from Kncluiil 
 w chaDgrd miuiliu 
 chKn^ tn b^ mmlc iu 
 Ihr dtfpkriurp of 
 .Hull ham Ullllki. 
 
 proceed to St. Jolins in the Island of Newfoundland without loss of time with permission 
 to touch at a port in Cape Breton a.s hereinafter provided and after remaining not more 
 than two days at St. Johns (unless a longer stay shall he sanctioned by an authority in 
 writing to the Commander of tiie 'essel from tiie Lieutenant Governor of that port or the " 
 Postmaster there which written authority shall in every case be immediately transmitted 
 by the Commander to the Secretary of the Admiralty and also to the Senior Naval Offi- 
 cer on the North American Station) and in case of such prolonged period of stay by the 
 sanction aforesaid then i»m\e(liateiy on the termination thereof shall depart thence for 
 Halifax with Her Majesty's Mails on board (with the like permission to touch and remain 
 at a port in Cape Breton as hereinafter mentioned) and there deliver the same to the 
 Deputy Postmaster CJeneral or other person duly appointed to receive the same during 
 the said months of April May June July August Sei)tenil)er Octoiier November and De- 
 cember And that a Sailing vessel so approved of equipped and maimed as aforesaid shall 
 in like manner with Her Majesty's Mails on board witliia twelve hours after the arrival at 
 the port of Halifax from England of each of the Mail Steam Packets employed under the 
 said Contract with the said Saumel Cunard or upon the arrival of the regular Mails at 
 Halifax from England in whatever way the same may be conveyed once in each month 
 during the months of January February and March proceed direct from Halifax aforesaid 
 to St. Johns aforesaid and shall return from thence to Halifax aforesaid direct with Her 
 Majesty's Mails on board under the same stipulations herein l)efore mentioned as regards 
 the Steam vessel but without any i)ermission to stop or toueii at a port in Cape Breton 
 during the said months of January February and March Provided always nevertheless 
 and it is hereby agreed thai the port in the Island of Cape Breton at which the said Steam 
 vessel shall have liberty to touch on her voyage to and from St. Johns aforesaid shall be 
 previously sanctioned by Her Majesty's (Jovernnient or the Senior Naval Otticer on the 
 North American Station and may from time to time be changed with the like sanction 
 but that the said Steam vessel shall not at any time remain longer than twenty four 
 hours at any such port And lliat the said James Whitney shall and will carry and 
 convey in the said Steam vessel all such Mails to and I'rom such port in Cape Breton as 
 may be required from time to time or shall be ])ut on board by the Deputy Postmaster 
 General at Halifax or the Postmaster at such port in Cape Breton and that every Steam 
 vessel and Sailing vessel wliicli may be em|)loyed in the completion of this Contract 
 shall at all times unless ditaimd !)y the authority hereinbefore mentioned or prevented 
 by Ltorm tempest or some other mia\ (lidable casualty be ready to receive the Mails at 
 Hallidx aforesaid upon their re.tpeclive arrival from England as hereinbefore mentioned 
 And that in case the Steam vessel to be employed under this Contract shall at any time 
 during the continuance thereof be lost or destroyed by fire tempest or any other casualty 
 then and in every sucii ease the said James Whitney shall without any unnecessary and 
 unavoidable delay and within such reasonable time as may be required by the Navpl 
 Commander in Chief on the North American Station have the said Steam vessel re- 
 placed by another of similar power and description and in the mean time the said Mails 
 shall be carried and conveyed in good and sutiieient Sailing vessels of not less than one 
 hundred and twenty tons burthen each and in such way and manner as shall be approved 
 of by the Naval Commander in Chief on the North American Station And that the said 
 Sailing vessels shall be at all times ready to receive the Mails at Halifax aforesEJd upon 
 the arrival of the said Mail Steamers from England That if during any of the winter 
 months it vshould happen that the port of St. Johns Newfoundland shall be found to be 
 inaccessible on account of the ice then and in such case Her Majesty's Mails shall by and 
 at the expense of the said James Whitney be landed and received on board at such port 
 on the soutli vvest coast of the said Island as may be accessible and shall also at h's ex- 
 pense be by him con\eyed to and from St. Johns by land with the utmost possible dis- 
 patch the return Mails being dispatched from St. Johns within the same period as they 
 are to be dispatched thence when a vessel employed in the performance of this Contract 
 actually enters the port of St. Johns Provided always that as often as any change shall 
 be made in the days of arrival at Halifax of the Steamers from England by the Cunard 
 line or other conveyance by which the Mails may be brought from England a correspond- 
 ing change .shall when ai\d so often as may be required he made in the time of departure 
 from Halifax of the v('-!-;(>l»! employed in the performance of this Contract That the said 
 
 James Whitn 
 
 ev slia 
 
 II rceeixe and allow to remain i)ii board each of the vessels to be era- 
 
t. r*' 
 
 X 'i!il _':, '.,.\UiV\xi,Xi- 
 
 'i:if:. 
 
 \ 
 
 .- i ' » 
 
 ■1 T.,f ,;-?.!■.. I, 
 
 ■i X, (; :'» 
 
 i/i 1 
 
 Not to t 
 any wh( 
 cept at 
 Breton 
 
HbIU to W rtrccitrJ 
 un buWtl 
 
 Authority 
 
 :ommo- 
 dation 
 
 Tlottt for 
 hiiiding to be 
 pruvided 
 
 Penalty for 
 vessel not 
 procepdiiiB; at 
 proper time 
 ^100 
 
 and £ 50 for 
 every (i hours 
 
 Penalty for 
 delay k 100 
 
 Not to touch 
 »ny where ex- 
 cept at Co|>c 
 Breton 
 
 ployed in the pcrfurmancc of this Contrnct an Officer to be appointed by the said Com- 
 missioners or by the said Postmaster (ieneral to lake charge of Her Majesty's Mails who 
 shall be recognized and considered by the said James Whitney his Orticers Agents and 
 Seamen us tlic Agent of the said Conimissioncrs in charge of Her Majesty's Mi.ils and as 
 having full authority in all cases to rccitiirc a (hie and s'rict execution of the conditions 
 of this Contract on the part of the said James Wliitney his officers servants and agents 
 and to determine every (|ue8tion whenever arising relative to |)roeeeding to sea or putting 
 into harbour or to the necessity of stopping to assist any vessel in distress or to save 
 human life and that the decision of every such officer duly authori/ed to have the charge 
 of Her Majesty's Mails shall in each and every of such cases be final and binditig on the 
 said James Whitney unless the said Commissioners or the said Commander in Chief or 
 senior Naval Officer on appeal from the said James Whitney shall tiiink jiniper to decide 
 otherwise That a suitable first-rate cal)in with apiiropriatc l)ed l)cdding and furniture 
 shall at the cost of the said James Wliitney be provided and appropriated by him tor and 
 to the exclusive use and tor the sole acconnnodafion of every Officer in charge of Her 
 Majesty's Mails and also a convenient and proper place of deposit on board with secure 
 lock and key for Her Majesty's Mails and that each and every of the same Officers shall 
 be victualled by the said James Whitney as a chief cabin j)asscnger without any charge 
 being made either for his passage or victualling That at each and every of tiic said ports 
 or places to which the said vessels are to proceed in tiie performance of this contract Her 
 Majesty's Mails shall be delivered and received as shall be directed by the Officer in 
 charge of the said mails (if employed) who shall whenever atid as often as by him deemed 
 practicable or necessary be conveyed on shore and also fVom the shore to the vessel em- 
 ])loye(l for the time being in the performance of this Contract together with or (if such 
 Officer consider recpusite) without Iler Majesty's mails in a suitaiiie boat of not less than 
 four oars to be provided and jjroperly manned and ecjuipped by the said James Whitney 
 and the directions of every siicii Otficei' shall in all cases be obeyed as to the mode time 
 and place of receiving and delivering Her Majesty's mails but should the said Commis- 
 sioners think it inexpedient to have any such Officer emitloycd in that case the Com- 
 mander of the said vessel foi' the time being enii)loyed in the service liereby contracted 
 to be performed shall without any additional charge take care of and be responsible for 
 Her Majesty's Mails and shall without loss of time personally receive the same from and 
 deliver the same to the respective ))ostnuvsters at Halifax and 8t. Johns Newfoundland 
 a receipt being always given and taken for Her Majesty's Mails and such Commander (if 
 required by the said ('onimissioners so to do) shall take the oath or declaration of office 
 re(iuircd by the regulations for the time being of the (General Post Office That if at any 
 time during the continuance of this Contract a proper and approved of vessel shall not 
 proceed to sea from Halifax or Newfoundland as the case may be with Her Majesty's 
 Mails on board at the time when the same ought to proceed to sea in pursuance of this 
 Contract then and so often as any such default shall happen he the said James Whitney 
 his Executors and Administrators shall and will j)ay unto Her Majesty her heirs and suc- 
 cessors the sum of one hundred pounds and also :i sum of fifty i)ounds for each successive 
 period of six hours which shall elapse until such vessel shall actually ))roceed to sea from 
 the said places respectively with Her Majesty's Mails uidess it shall bo made to appear 
 to the satisfaction of the said Commissioners by the said James Whitney that such default 
 arose from unavoidable accident stress of weather or other cause over which the said 
 James Whitney had not and could not have had any control That if any vessel having 
 Her Majesty's mails on board shall stop linger or deviate from the direct course of her 
 voyage (except when authorized as aforesaid) or shall delay starting at the exact time or 
 shall put back into port after starting without the sanction in each and every case of the 
 Officer authorized to have charge of the said Mails then and in each and every of such 
 cases and as often as the same shall happen the said James Whitney shall forfeit and pay 
 unto Her Majesty her heirs and successors the sum of one hundred pounds That every 
 vessel employed in the performance of this Contract shall as soon as the said mails are 
 on board |)roceed without delay to sea and shall not touch at any intermediate port be- 
 tween Halilax and St. Johns Newfoundland excei)ting one of the ports of Cape Breton as 
 before mentioned unless compelled to do so by stress of weather or other unavoidable 
 
 circumstance without the express authority in writing of the said Commisisioners or their 
 o 
 
BilU of 1 
 of iirrivni 
 (Icpiirtur 
 be ki'pt 
 
 VeMcU 
 surveyci 
 
 i>f ' .nltj 
 ployin? 
 aftir h 
 Iwcn ri 
 dffrcti' 
 
 Office 
 orilcra 
 
 rem 
 
 ictai 
 
 Ser' 
 mor 
 l>-4 
 mill 
 184 
 
 Su\ 
 
authorized ni;ont and that Hct MnjcRty'rt Mails Hhall l)c tli-liverwl on their arrival at the 
 naid respiTtive ports without any hws oftinu" That a liill shall Ih' kept by the Com- 
 inander ( it every vessel unployed for the time hein^ in the perfornianee ol the said service 
 in such torni as the said Conunissioners shall at any tiuieor troin ti'nc to time direct and 
 Rillnof time that there shall lie accunitely noted hy such ("ommander on such hills the time ot every 
 ofiirriviiliiiid ,^j.|.jy,j| .^^^^^ departure of tiie vessel and tiiat the same shall he sii;ncd hy the said Com- 
 be'kip"" ' '"»'"''■'■ "'k' ^'">t "f*^^ ''•'!*>' tluTeof shall he transmitted to tlie Secretary oi the (ieneral 
 Post Office Ijondon and another to the Secretary ot the Admiralty l)y the first post after 
 VcmcIr lo !.<• lacli return of the said vessel to Halifax Nova Scotia That every Ofhcerto he appointed 
 lurveyid ^^^ aforesaid to have the charge of Her Majesty's Mails shall either alone or with such 
 other |)erson8 as he may consider necessary have full power whenever and as often as he 
 may deem it re(iuisite to examine and survey in such manner as lie may think proper all 
 sincl every or any of the vessels employed or to he employed in the perfonnance of this 
 (-'ontraet and the hulls e(|uipinents and crew tin reof on iiis L;ivini; notice in writing to the 
 Commander or person actinj; as such liir fhe time heinn of the vessel about to be exa- 
 mined of such his intention an<l if any defect or (icticiency be ascertained and notice 
 thereof in wrting be given to such Connnaudcr or |)crson acting as such and if the 
 Connnandcr or person acting as such shall not immediately or as soon as possible 
 thereupon remedy replace or effectually re|)air or make good every such defect or de- 
 ficiency he the said James Whitney shall in every such case forfeit and pay to Her 
 Majesty her heirs and successors the sum of one hundred and fifty pounds sterling And 
 the said Commissioners or the said Naval ('onunander in Chief or senior officer for 
 the time being shall likewise have full power whenever and as often as they or he may 
 deem it reipiisite to survey by any other Officers or Agents all and every the vessels 
 enij)loyed and to be employed in the performance of this Contract and the hulls there- 
 of and the engines machinery furniture tackle ap[)arcl boats stores and ecjuipments of 
 every such vessel and if any such vessel or any part thereof or any furniture tackle 
 a|)|)arel boats stores or e(iui|)nien{s shall on any such survey be declared by any of such 
 p^,^,j fo^p„. OliicLTs or Agents unseaworthy or not adapted to the service hereby contracted to be 
 piojiiis vissLis perlormed every vessel which shall be so disapproved of or in whi(;h such deficiency or 
 "eon rqiii'ruii defcct shall a|)pear shall be deemed incliicient for any service hereby contracted to be 
 difictivc£ion performed and shall not he employed again in the conveyance of Her Majesty's Mails 
 until such defect or tleficiency shall liavi' been repaired or supplied to the satisfaction of 
 the said Commissioners or Coniniander in Chief or senior Naval Officer as aforesaid the 
 said James Whitney shall forfiil and pay to Her Majesty her heirs and successors the 
 sum of one hundred jjounds but it is hereby agreed that the payment of any of such two 
 last mentioned penalties shall not in anywise release or discharge the said James Whitney 
 from performing the service hereby contracted to be performed by some other efficient 
 vessel or vessels nor from remedying re[)laciiig or efliciently making good the deficiency 
 officorstoobiy or defect or from being considered not to have connnitted a breach of this contract That 
 the said James Whitney and all commanding and other Officers of the vessels to be em- 
 ployed in the jierformance of this ('ontraet and all agents seamen and servants of the said 
 James Whitney shall at all times during the continuance of this Contract punctually at- 
 tend to all the orders and directions of the said Commissioners or of any of the Officers 
 or Agents of them or of the General Post Office as to the landing delivering and receiving 
 Her Majesty's mails or other%vise in the performance of this Contract and shall do all in 
 their power to carry into full effect the stipulations hereby entered into by the said James 
 Whitney 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 James Whitney 
 imto Her Majesty her heirs and successors shall be considered as stipulated or ascertained 
 ivnMties to he damages and shall and may be deducted and retained by the said Commissioners out of 
 Biiu" ' '"""'^any monies payable or which may thereafter be payable to him under this Contract or 
 the payment thereof may be enforced with lull costs of suit at the discretion of the said 
 scrvirttixon. ^'onuiissioners And it is hereby agreed and declared that the period during which the 
 inorid 17 Aiiiii said scrvicc fjliall be perfoi-med as aforesaid shall commence on the seventeenth day of 
 min'.tr'i' soi't. April next or on the arrival of the first Steamer from England in that month and shall 
 1S43 continue until the first day of September in the year of our Lord one thousand eight 
 
 Subject to six hundred and forty eight and thenceforth until the expiration of six calendar months 
 nioiuhs notice notice in writing which may be given by the said Commissioners or by any two of them 
 
r I 
 
 ■■■I 
 
( oniijtrtti^n 
 ■nnua 
 
 Aj to deli- 
 very of 
 notices 
 
 or by one of tlu'ir Hctivturios to tlic Kii<l Jumcs Whitney or l)y the Raid Janu-s Whitney 
 to the Hiiid ConiiniHHioners to ttTiiiiiiitte the same And the xuid AU'xander Kliott in 
 conriidenitioi) ot tlie jireniiseH and ot the xaid .laintH Wliitney his ntiiccpt siTvants and 
 ni;ents Htrictly and |iiMU'ttially pertuniiiiiL; the contract herehy entered into by him duth 
 for and on l)ehMll tit Her Majesty In heirs and -^ntcessors a^ree with tlie said James 
 Whitney that on Ins hld^in^ or eun->m^' to he Iodised Irom time to time in the otliee of the 
 Acconntant (General of her Majesty's Navy eertitieateH from the said Commander in Chief 
 or Henior naval otiicer of the due and faithful |iertormaii(e of the service hereby contracted 
 to be performed they the said Conniii-isioners on behalf of her Majesty will jtay or cause 
 to be paid to the said James Whitney liy iiills payable by her Majesty's paymaster i;<'neral 
 the sum of tour thousand one hundred and titty poimd sterlini; per annum by e(|ual (piar- 
 terly paymentH IJiit it isi herehy contracted and a;,'reed by the said James SVhitney that 
 lie shall give and provide suHicient security to the satisfaction of the said C(<nnnissiotiers 
 in the sum of one tiiousand pounds steriini; that no lurthcr demand than the sum bei'ore 
 mentioned of 4I.'»() pounds sterling shall be nuuie by him the said James Whitney his 
 executors or administrators for the service herciiy contracted to be performed by liiin 
 ('ontract not And it is hereby fmther ai;recd and provided that the said Jan\es Whitney his executors 
 '"•'0 or administrators shall not assijj;n underlet or ollierwisc dispose of this contractor any 
 
 ii-Mgiicd pm-j thereof and that iu case of the same or any part thereof beini; assiiiued underlet or 
 otherwise dispok^d of or of any breach of this contract on the I'art of the said Jamea 
 Whitney his executors or administrators it shall be lawfvd tor the said Commissioners 
 (if they think tit) by writing inider the bands of thcin or any two of them or under the Ihind 
 of any of their secretaries for the time beinj; to determine this contract without any pre- 
 vious notice to the said James Whitney his executors or administrators or his or their agents 
 nor shall the said James Whitney his executors or administrators be entitled to any com- 
 pensation in conse(|uencc of such determination but even if this contract be so determined 
 the said James Whitney shall not be thereby released from the paynu nt of the sum of 
 moiHjy hereinafter stipulated to be paid by him in ease of any breach thereof And it is 
 also agreed that the notices or directions which the said Connnissioners or their secretary 
 officers or other persons are hereby authorized and empowered to give to the said James 
 Whitney his executors or administrators officers servants or agents may at the option of 
 the said Commissioners or their secretary officers or other persons bo either delivered to the 
 masters or commanders or other officer agent or servant of the eu.d James Whitney his 
 executors or administrators in the cluirge or management of any vessel to be or while 
 employed iu the performance of tiiis contract or be left for the said James Whitney with 
 his agent in London or in Halifax (the name of which agents are to be made known by 
 the said James Whitney to the said Commissioners) any notices or directions so given or 
 left shall be as binding on tliu said James Whitney his executors or administrators as if 
 personally served upon or left with him or them And in pursuance of the directions 
 contained in a ci'rtain Act of Parliament made and passed in the twenty second year of 
 the reign of King (ieorge the Third entituled " An Act lor restraining any person con- 
 cerned in any Contract Commission or Agreement made for the jiublic service from being 
 elected or sitting and voting as a member of the House of Commons it is hereby ex- 
 pressly declared and agreed and these presents are upon the express condition and the 
 said James Whitney doth covenant for himself his heirs executors and administrators 
 tliat no member of the House of Commons hath been or shall be admitted to any share 
 or part of this Contract or agreement or to any benefit to arise therefrom And lastly 
 for the due and faithful performance of all and singular the covenants conditions provi- 
 soes clauses articles and agreements hereinbefore contained which on the part and behalf 
 of the said James Whitney are or ought t > be observed performed fulfilled and kept the 
 said James Whitney doth hereby bind himself his heirs executors and administrators 
 unto our suvereign Lady the Queen in the sum of five hundred pounds sterling to be paid 
 to our said Lady Queen her heirs and successors by way of stipulated or ascertained 
 damages agreed upon between the said Commissioners and the said James Whitney in 
 case of the failure of the said James Whitney his executors or administrat'>rs in the due 
 execution of this Cciitrcu^t or any part thereof In witness whereof the parties to these 
 presents have hereunto set their hands and seals the day and year first above written 
 
 Signed sealed and delivered at i iaiifax in the (Signed) 
 
 province of Nova Scotia (where stamps JAMES WHITNEY (L S) 
 
 are not used) in presence of A ELIOT (L S) Naval 
 
 (Signed) CHARLES TWINING Storekeeper 
 
 ,VILLIAM i WLMNC 
 
 MP's not to 
 bavc any 
 iLare in 
 Contract 
 
 Jenalty