The Hawaiian gazette., 1872-04-17
CONTRACT

CONTRACT
Between the Government of the Kingdom of
the Hawaiian Islands and William H. Webb
and Benjamin Holiday, of the City, County and
State of New York. one of the United States of
America, partners. under the style of the United
States, New Zealand and Australian Mail Steam
ship Line.
The undersigned, Minister Of the Interior of
the Kingdom of the Hawaiian Islands, for and
on behalf OF the aforesaid Government, party OF
the first part and William Ii. Webb and Benja-
min Holiday aforesaid. parties of the second part
having 10 view the encouragement and extension
of steam communication between San Francisco,
Honolulu and the ports in Australia and New
Zealand, have mutually agreed as follows:
FtrSt-rhe steamers of the said parties Of the
second part shall have the right to enter and
leave to load and discharge cargo in the Port of
HoRoulu, upon the payment OF all lawful charges
thereon; but their steamers shall be exempted
from the payment of all port dues and compul-
sorry pilotage they shall have free Wharfage, and
the right to procure water from the Government
pipes free Of charge.
.Secopd-The said Government of the King
dom Of the Hawaiian Islands will admit free of
duty, Goals and other materials for the production
of steam and all supplies requisite for the use of
the said steamships, and all vessels shat NAV ar
rive, during the continuance of this contract,
loaded entirely with Goals machinery and sup
plies as aforesaid imported for said parties of the
second part, shall be free from any and all taxes
and harbor dues, excepting pllotage and all
vessels loaded partially with Goals &c, for said
parties Of the second part shall be exempted from
harbor dues and taxes, excepting pilotage. in the
proportion which such imports may bear to the
entire capacity Of the vessel, such proportion to
be determined without appeal by the Collector
General. And the property Of the said parties
of the second part shall, during the term of this
contract, be exempt from taxation.
Thrd-The Government of the Kingdom of
the Hawaiian Islands agrees to furnish the said
parties of the second part for the use of their !.
steamers, a convenient and sufficient wharf in
front of the Custom House, free of charge, re-
serving. however, the rights of free disposal over
such wharf at times when it is not wanted for the
use Of such steamers The aforesaid Government
also comedies to the parties of the second part
q right Of way for the use OF tram tracks, as at
present constructed over said wharf and now
owned by said parties of the second part.
Fouh-The Government of the Kingdom of
the Hawaiian Islands further agrees to set apart,
for the exclusive use of said parties of the second
part lot of land of convenient size the locality
aHd dimensions whereof shall be determined by !
the Minister of the Interior and William H. |
Webb, before the execution of this contract, and |
delineated upon plan TO be annexed hereto and |
marked A, and also the siorehOuse in front of |
the Custom House, now used by said parties of |
the second part. But the expense of ordinary
wear and tear Of said warehouse shall be borne
by said parties of the second part and If, at any
future time, the parties to this contract can agree
10 change the limits of the lot of land set apart
FOR storage of coal, according to the plan hereto
annexed the contract shall be modified accord
ngly 1t being the desire of the said Government
hat a larger space shall be reserved upon the
IlHllltuc lui luultO ucCc II 10 ulcu tApItsSll
that storage may be charged upon
III merchandise stored upon said land, and in said
;torehouses which is not tn subject of steamship
aud that no preference shall be
given to particular shippers
Fifrh-lf the said parties Of the second part
.hould neglect to keep. fulfill and perform the
tipulalluns in this contract by them to be kept,
UTILIZED and performed curing four months. the
nent granted, shall be taken and held to have
been abandoned.
Sigh-All the rights privileges, franchises or
granted in this contract shall remain
n force for period Of Ten Years.
SereRh-Ihe parties Of the second part may
ransier this Contract 10 any Company which may
hereafter be- organized for the purpose of trans
cling the business al present transacted by the
,ar,ies of the second part or 10 any other Com
ANY, or individuals. who shall give good and suf,
cienl guaranty for The fuIiilment of this Con
ract.
Eighh-In event of the party OF the second
art establishing steam communication between
hese Islands and other Islands in the Pacific
ocean, their steamers employed in such business
hall enjoy the same rights, exemptions and priv
eges as granted by tins instrument
NiAfh-This Contract shall not he construed to
onfer upon the parties of the second part any
ights which would be inconsistent with the Gov
rnment OF the Hawaiian Islands under any of its
xisti treaties with foreign nations. to concede
or to require The said Government to do. per
,rm. permit or suffer any act or thing iuconsis
ent with strict neutrality time of war.
Tenth This contract is executed upon the
sumption that the contract concluded upon the
snlh day Of August in the year one thousand
sbt hundred and sixtyeight, between the Gov
rnment of the Kingdom Of the Hawaiian Islands
nd the California, Oregon and Mexico Steam
nip Company, is and shall be wholly abrOgated
nd cancelled and the parties hereto of the
,cond part agree that within SIX months they
ill execute and deliver sufficient instrument Of