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Un dee symboies suivants apparattra sur la derniAre image de cheque microfiche, seion i«$ cas: le symbols — ► signifie "A SUIVRE", le symbols V signifie "FIN". Les cartes, planches, tableaux, etc., peuvent Atre filmAs A des taux de rAduction diff Arents. Lorsque le document est trop grand pour Atre reproduit en un seul clichA, il est filmA A partir de Tangle supArieur gauche, de gauche A droite, et de haut en bas, en prenant le nombre d'images nAcessaire. Les diagrammes suivants illustrent la mAthode. 30X 32X 1 2 3 4 5 6 s a 01 ti ii ft F V. n I) N SI S le P< C{ la to ow ro ^W..*!*^ '^ ^-X/H Sk*!W I- T^ ^t/vx (J- - /^-^ t^^l Contract dited lit Jan. 1852 between the Lords Commii- tioners of the Admi- ralty and Messri. Sa- muel Cunard, George Burni, and Charles Mae Iver (the Con- tractors). Beciting the pre- existing Contract between the parties of the 1st of April 1850, for the convey- ance of Her Majesty's Mails between Kng- Innd and North Ame- rica, and the expediency of further and addi- tional arraugements in regard thereto, as follow, viz. For the conveyance liy the Contractors of Her Majesty's Mails between Kngland and North America by a sufficient number of Steam Vessels of not less than 400 horse- power each, made to carry guns of the largest calibre ; to be kept at their own expense tho- roughly equipped ; ARTICLES OF AGREEMENT made this Ist day of January in the year of our Lord 1852 between the Commissioners for executing tlie Office of Lord High Admiral of the United Kingdom of Great Britain and Ireland (for and on behalf of Her Majesty) of the one part and Samuel Cunard of Halifax in Nova Scotia Merchant George Burns of Glasgow in that part of Great Brita.in called Scotland Merchant and Charles Mclver of Liverpool in the County Palatine cf Lancaster Merchant hereinafter designated " The Contractors " of the other part Whereas by Articles of Agreement bearing date on or about the 1st day of April 1850 between the Commissioners for executing the Office of Lord High Admiral of the one part and the said Samuel Cunard and George Burns and Charles Mclver of the other part for the conveyance of Her IVi'ajesty's Mails between England and North America the said Samuel Cunard George Burns and Charles Mclver did covenant and agree with the said Commissioners that they yfiv-AA convey the said Mails weekly during eight monthi in each year and once a fortnight during the remaining four months in each year to and from the Places and Ports of embarkation therein prescribed And whereas it has been considered expedient by and between the Parties hereto to enter into further arrangements for conveying the said Mails between the said United Kingdom and North America under the conditions hereinafter con- tained in addition to those agreed upon by the hereinbefore recited Articles of Agreement Now these Presents Witness that in consideration of the payment hereinafter stipulated to be made to the Contractors the Contractors do for themselves their Heirs Executors and Administrators and each and every of them for himself his Heirs Executors and Administrators doth hereby covenant promise and agree to and with the said Commissioners that they the Contractors their Executors and Admi- nistrators shall and will during the continuance of this Contract diligently faithfully and to the satisfaction of the said Commissioners for the time being and with all possible speed convey Her Majesty's Mails (in which designation all Despatches and Bags of Letters are agreed to be comprehended) which shall at any time or times and from time to time by the said Commissioners or Her Majesty's Post- master-General or any of the officers or Agents of the said Commissioners or Post- master-General be required to be conveyed between England and North America as hereinafter-mentioned by means of a sufficient number of good substantial and efficient Steam Vessels each of such Vessels being supplied and furnished with Engines of not less than Four Hundred Horse Power That the Contractors their Executors or Administrators shall and will at all times at their own cost provide and keep sea-worthy and in complete repair from the day of the date hereof and during the continuance of this Contract a sufficient number of good substantial and efficient Steam Vessels of not less than Four Hun- dred Horse Power each and of such construction and strength as to be fit and able to carry guns of the largest calibre now used on board Her Majesty's Steam Vessels of War and at the like cost adequately provide and furnish all and every of the Vessels to be and while employed in the performance of this Contract with all necessary and proper tackle, stores, oil, tallow, fuel, provisions, machinery, engines, anchors, cables, two efficient boats, fire-pumps, and all other proper and requisite means for extinguishing fire, lightning conductors on Snow Harris's principle, charts, chronometers, proper nautical instruments, and all other furniture 1 ifji^fei- ,«;.;.. « miule giyyt hj the t'ontrietort iindrr • ppnilly of iltX) for each default. And the Commiuion- cr« may »l»o have the Veiaels surveyed liy atiy other of their Agenta; audaiiy Vc§- lel declared, by aucb A({ent*, to bo uiwea- worthy, or to require alteration or iraprove- ineiit, to be diaquali- ; ficd for further »er- I vice until repaired or I altered. ascertained and notice thereof in writing be given to the Master or tJuminunder of the Vessel in which such deflciency or d'^fect may be found and if the said Master or Commander shall not immediately or as soon as possible thereupon remedy replace or efTectively repair the same they the Contractors their Executors or Administrators shall in every such case pay to Her Majesty Her Heirs and Successors the sum of ^100 but t' o payment of such penalty shall not in anywise release or discharge the Contractors their Executors or Administrators from remedying replacing or effectively repairing such deficiency or defect And the said Commissioners shall also have full power and be at liberty whenever and as often as they may deem it requisite to survey '^y any other of their Officers or Agents all and every the Vessels employed and to je employed in the performance of this Contract and of the hulls thereof and of the engines machinery furniture tackle apparel stores and equipments 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 OlRcers or Agents unseaworthy or not adapted to the service of this Contract 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 the Vessel which shall be disapproved of or in which such deficiency defect or want of improvement shall appear shall be deemed inefficient for any service hereby contracted to be performed and sr.aU ni^i be employed again in the conveyance of Her Majesty's 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 [The Contractors and j their servants are to I obey the orders of the I C'ommiasioners or That the Contractors 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 Contractors shall at all times during the continuance of this MaiTs. **"'*'" ' ' 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 Her Majesty's Mails Vn penalties to be as ^tipulnted daraagea, ind deducted out of Ihe Contract monies. That all and every the sums of money hereby stipulated to be paid by the Contractors their Executors or Administrators unto Her Majesty Her Heirs and Successors shall be considered as stipulated or ascertained damages and should the same or any of them become payable and not be discharged forthwith on *'ie application of the said Commissioners or their Agents each and every of such sums of money may be deducted and retained by the said Comir. ^loners out of the Monies payable to the Contractors their Executors or Administrators under this Contract or the payment thereof enforced with full costs of suit at the discretion of the said Commissioners ' • Four Officers in Her lajesty's Military or |Navai Service (exclu- jaive of the Officer in Icharge), with their nrives and families, to DC taken (if required) In eachVessel ascbief ; four persons, with Ibeir wives and fami- lies, and the servants jat both classes, as ■ore-cabin paaaen- |ers, and 10 Seamen, Jtc, with their wives ^nd families, as deck passengers. That the Contractors 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 Mail") any Officers in the Navy Army or Civil Service of Her Majesty not exceeding four in any one Ship as Chief-Cabin Passengers with their Wives and Families and any persons not exceeding four in any one Ship as Fore-Cabin Passengers with their Wives and Families together with the Servants of both Chief and Fore-Cabin Passengers and any number of Seamen Marines Soldiers or Artificers not exceeding ten in any one Ship with their Wives and Families as Deck Passengers ' A Comminioned Offi- cers, dc, as chief, NoD-Commissioned, fore, and Seamen, &c., as deck paaaen- gers. Allowance for their baggage. to be always provided with adequate protection from rain sun and bad weather and not exposed on deck without such competent shelter as long notice as practicable being given to the Contractors when accommodation shall be required for the Wives or Children of such Officers or other persons That Commissioned Officers their Wives and Families be considered as Chief- Cabin Passengers Non-commissioned Officers their Wives and Families as Fore- Cabin Passengers and Seamen Marines Private Soldiers Artificers and their Wives and Families as Deck Passengers and the said Servants (ii^ respect of accommo- dation) as the Servants of Chief-Cabin Passengers That each Field Officer and every Naval Officer of equal or superior rank shall be allowed ninety cubic feet of space in measurement for baggage provided :. (except in the case of the Royal Engineers) such allowance shall not exceed 18cwt. in weight and all other Officers in Her Majesty's Naval and Military Service and Officers in the Civil Service sixty cubic feet each and that (except in the case of the Royal Engineers) such allowance shall not exceed 12 cwt. in weight That the Royal Engineers shall be allowed the same measurement but to . extend in weight to 27 cwt. for Field Officers and 18 cwt. for every other Officer of the Royal Engineers That Soldiers of the Royal Artillery and Sappers and Miners and their Wives shall be allowed six cubic feet each for Baggage and all married Officers when accompanied by their Wives or Families a further allowance not exceeding one half of that before mentioned according to their Rank and Corps Guns, ham.-ocks, and That for evory Company of the Royal Artillery embarked there shall be bedding for ^ps to conveyod free of all charge the proper proportion of light field-pieces if required ^Mmveye o ^^^ ^^^^ ^^^ Hammocks and Bedding which may be sent out for the use of the Troops or other persons embarked shall be placed in charge of the Officer autho- rized to have charge of Her Majesty's Mails and be brought back to E .gland if required free of any charge for freight VictualliDgofthe different claises of patiengeri. That the Victualling of Officers their Wives and Families conveyed as Chief- Cabin Passengers shall be the same as is usually allowed by the Contractors to Chief-Cabin Passengers their Wives and Families the Victualling of Non-com- missioned Officers their Wives and Families conveyed as Fore-Cabin Passengers shall be the same as is allowed to the Boatswain and Carpenter of the Contractors* Steam Ships and the victualling of Seamen Marines Soldiers and Artificers their Wives and Families conveyed as Deck Passengers shall be the same as is allowed to the Seamen of the Contractors' Steam Ships and the victualling of the Servants of Officers whether Chief or Fore-Cabin Passengers shall be the same as the Servants of other Chief and Fore-Cabin Passengers Bates of paaiage- That the passage money shall be paid in full of all charges for mess "S ^ ^ ^^ '"' including a Pint o^' Port or good Foreign White Wine and one Bottle of Malt Liquor per day foi- each Officer conveyed as a Chief-Cabin Passenger and one Gill of Spirits for each Non-commissioned Officer Seaman Marine Soldier Artificer and Servant conveyed as a Fore-Cabin or a Deck Passenger at and after the rates mentioned in the wllowing table 6 TABLE OF RATES OF PASSAGE. Liverpool to Ha-) lifax or Halifax } to Liverpool . . j CHIXr CABIN PASSENOERS. FORI CABIN FAStUCNOXRS. DECK PABSENOEIIB. OfflMr. Uij. CbUdnn betw««n 8 CUlMrrn bctWMii 3 Man. Woman. Cbndnn b«t>MMl8 kl3rMn. ChDdmi twtVMn : Man. k 8 jrcan. Woman. CtaUdrro batVMn 8 klajroan. CMUrxn iMtirwn 3 k 8 ym*. 300 e *. 250 e t. *aeh 12 10 £ I. lach 6 5 t t. 16 15 taeh 7 10 tad, 3 15 t *. 40 t : 40 tack 2 t I. taeh 1 Halifax to Bos-) ton or Halifax! to New York'v or New York or Boston to Ha- lifax ... J 40 20 1 10 3 20 1 10 20 1 10 6 Liverpool to New \ York direct or by the way of Halifiix or New V York to Liver-/ pool direct or Dv the way of Halifax . . . / 34 27 13 10 6 16 18 17 8 10 4 6 60 50 2 10 1 5 Mem. Children under 3 years of age to be carried free, and Male Servants to be charged one-half, and Female Servants two-thirds of the rates charged for their employers. That the payment for the Passage ordered at the public expense for any person shall only be made on the production of the order for the passage and of a Certificate from the person in the following form viz. " 1 hereby certify that on the as a to I embarked at Passenger on board the Mail Steam Packet and landed at on the for passage To this Certificate the following addition is to be made in every case of a Male Cabin Passenger viz. " I further certify that the first Dinner Meal taken on board was on the and the last Dinner Meal on the Dated this day of And the correctness of the dates must be corroborated by the Master of the Packet adding underneath the Passenger's Signature * ; V ^^ . " The dates inserted in this Certificate are correct." | .; . i^ " < ■ (Signature) ' Master of tfte Packet. ["Officers to pay for That the Passage Money for the Families and Wives of Officers shall be paid to uea aMho^ «1i""'* ^^^ Contractors by the Officers themselves at rates never exceeding those contained ' in the beforementioned Table Fprovuions of 11 Geo. That the Passeugers hereinbefore-mentioned or referred to are to be exclusive llkc^^^ ""***''' ®^ ^"y ™®" *° ^® ^^"* ^°™^ "n^e^ the provisions of the Act 11 Geo. IV. c. 20 the rate of passage for whom is to be and to be paid for in accordance uith the provi- sions of that Act , , ,, , , , V ., I Accommodation to be 1 provided for soidiera I conveyed as extra I deck passengers ; That whenever the Contractors shall convey any Soldiers as Deck Passengers other than those specially provided for by this Contract the Contractors shall provide them with adequate protection from rain sun and bad weather and they shall not be exposed on deck without such competent shelter 7 '.V-' . ^ mi and imtii pMktges That the Contracton* their Executors or Administrators shall and will receive tobeconreyedfreej q^ board each and every of the said Vessels employed in the performance of this Contract any number of small packages containing Astronomical Instruments Charts Medicines Wearing Apparel or other articles and convey the same to and from and between all or any of the said Ports or places to or from which Her Majesty's Mails are to be conveyed in the performance of this Contract when and as often as directed by the said Commissioners or their Secretary for the time being or Agents duly authorized free from all costs and charges »nd»torei, notjx- And also shall and will receive on board each and every of the said Vessels time!" ccording to"the ^^^ convcy to and from and between all or any of the same Ports or places any nsuai freight. Naval or Other stores not exceeding Five Tons in weight at any time at the usual rate of freight charged by the Contractors for private goods (but which shall never be more than after the rate of £6 per Ton) on receiving from the said Commissioners or their Secretary for the time being or any of their OflBcers or Agents two days' previous notice of i^ being their intention to have such stores so conveyed The Contractors to be paid for the whole services contracted for at the rate of £'28,340 per annum, by quarterly pay- ments. The Contract to com- mence on date and continue till the 1st of January 1862, and thenceforward till determined by one or other of the parties by a twelve months' written notice; unless either party determine it at an tarlier period by the like notice : in which ca.se the Commission- ers are to have the option of purchasing the contract Vessels at a valuation by arbitration. And the said Commissioners in consideration of the premises and of the Contractors their Executors and Administrators and their Officers Servants and Agents at all times during the continuance of this Contract strictly and punctually performing the services hereinbefore contracted to be performed and the covenants and agreements hereby entered into by them the Contractors do for and on behalf of Her Majesty Her Heirs and Successors agree with the Contractors their Executors and Administrators that the said Commissioners on behalf of Her Majesty will pay or cause to be paid to the Contractors tlieir Executors and Administrators by Bills at sight payable by H Majesty's Paymaster-General a sum after the rate of £28,340 per annum for the performance of the whole of the services hereby contracted to be performed by quarterly payments and with a proportionate part of that sum should this Contract terminate on any other day than a day of quarterly payment the first quarterly payment to become due on the first day of April 1852 And it is hereby agreed and declared that this Contract shall commence on the day of the date hereof and shall continue in force until the First Day of January 1862 and thenceforward until Twelve Calendar Months' Notice in writing shall be given by either of the said parties to the other of them that the same shall deter- mine and at the expiration of such notice which may expire at any period of the year this Contract shall determine accordingly but not so as to prevent either of the said parties availing themselves of this Contract for recovering any sum of money or damages should there have been any breach of this Contract previously to the determination of the same Provided always nevertheless that this Contract may be determined at any period of the Year and at any time even before the said First Day of January 1862 upon a Twelve Calendar Months' Notice in writing being given by either of the said part^t to the other of them that this Contract shall determine and at the expiration of any such notice this Contract shall also determine accordingly but not so as to prevent either of the said parties availing themselves of this Contract for recoverng any sum of money or damages should there have been any breach of this Contract previously to the determination of the same and that the said Commissioners shall then have the option of purchasing from the Con- tractors their Executors and Administrators all or any of the Vessels employed in the performance of this Contract at the time of the determination thereof at such valuation as shall be put thereon by two Arbitrators one to be chosen by the said Commissioners and the other by the Contractors their Executors or Administrators or in case of the Arbitrators differing by an Umpire to be chosen by such two Arbitrators before they proceed with the reference it being expressly understood 8 m n US' a.? Kffi'-y \ . ^ i^ii, " >,-- l.i .. ■/■'-. -«*" and agreed that the payment of such valuation shall iiot be made until the said Commissioners shall have obtained the money by means of a Parliamentary (irant or otherwise and that the joint and concurrent award of the said Arbitrators or the separate award of the said Umpire if and when the said Arbitrators cannot agree shall be binding and conclusive upon all parties SabmiMioM to sneb -^"^ ^^ ^ agreed that any submission which may be made to Arbitration in •rbitratioiu to be pursuauco of this Contract shall be made a rule of Her Majesty's Court of made RuiM of Court! Exchequer pursuant to the Statute in that case made and provided and that any Witnesses examined upon any reference may be examined upon Oath »Dd thn Contnet it not to be disposed of by the Contractors ; and if so disposed of, or otherwise broken, m»y be at once ter- ra in&ted by the Com- misiionert. Notices to the Con- tractors to be served at last Itnown resi- dence of any one of them in England or Scotland, or upon their servants in charge of any of the Vessels. No Member of the > House of Commons to [ have any share in the I Contract. lOeiieral penalty of |£6000 on the Con- tractors ou breach or non-performance. And it is hereby further agreed and provided that the Contractors their Executors or Administrators p^all not assign underlet or otherwise 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 Contractors their Executors or Administrators it shall be lawful for the Commissioners for executing the Office of Lord High Admiral for the time being (if they think fit and notwithstanding there may or may not have been any former breach of this Contract) by writing under their hands or under the hand of their Secretary for the time being to determine this Contract without any previous notice to the Contractors their Executors or Administrators or their Agents nor shall the Contractors their Executors or Administrators 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 Contractors And it is also agreed that the notices or directions which the Commissioners for executing the Office of Lord High Admiral or their Secretary Officers or other persons are hereby authorized and empowered to give to the Contractors their Executors or Administrators Officers Servants or Agents may at the option of the same Commissioners or their Secretary Officers Agents or other persons be either delivered to the Master or Commander or other Officer Agent or Servant of the Contractors their Executors or Administrators in the charge or management of any Vessel to be or while employed in the performance of this Contract or be left at the last known place of business or abode in England or Scotland either of the said Samuel Cunard or George Burns or Charles Mclver their Executors or Administrators And any Notices or Directions so given or left shall be as binding on the said Samuel Cunard George Burns and Charles Mclver their Executors or Administrators as if duly served upon or left with them And in pursuance of the directions contained in a certain Act of Parliament made and passed in the 22d year of the reign of King George tl.e Third entituled " An Act for restraining any person concerned in any Contract Commission or Agreement 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 ave upon this express condition and the Contractors do covenant for themselves their Heirs Executors and Administrators that no Member of the House of Commons 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 Provisions Clauses Articles and Agreements hereinbefore contained which on the part and behalf of the Contractors their Heirs Executors and Administrators are or ought to be observed performed fulfilled or kept the said Samuel Cunard George Burns and Charles Mclver do hereby bind themselves their Heirs Executors and Administrators and each of them doth hereby bind himself his Heirs Executors and Administrators unto our Sovereign Lady the 9 Vlfi Queen in the sum of £6000 of lawful Biitish Money to be paid to our said Lady the Queen her Heirs and Successors by way of stipulated or ascertained damages agreed upon between the said Commissiuners for executing the said Office of Lord High Admiral and the paid Samuel Cunard George Burns and Charles Mclver (over and above any other snm or sums, if any, which may be payable) in case of the failure of the said Samuel Cunard George Burns and Charles Mclver their Heirs Executors or Administrators in the due execution uf 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 ALEX«, MILNE, (L. S.) W. COWPER, (L. S.) S. CUNARD, (L. S.) G. BURNS, (L. S.) CHA^ MACIVER, (L. S.) Signed Sealed and delivered by the said Commissioners and the said Samuel Cunard in the presence of J**". JAMES. Signed Sealed and deliveied by the said George Burns in the presence of F. W. VANDERKISTE, COLL". OF CUSTOMS, GLASGOW. Signed Sealed and delivered by the said Charles Mclver in the presence of THOMAS BEVIS, COIVK.