B,—No. 19a.

4

AGREEMENT WITH MESSRS. BROGDEN.

No. 3or the said Contract No. 2or any other contract: Provided, however, that, in the event of the said Contract No. 3 not being entered into, the Contractors shall, if the Governor from time to time require them so to do, accept from the Governor, acting on the part of the Queen, such of the said materials and rolling stock as the Governor may appropriate to and require to be used in the construction of or in connection with any of the railways constructed under the said Contract No. 2, and shall forthwith, after the cost of any such railway is agreed on for the purposes of the said Contract No. 2, refund to the Governor all moneys paid and disbursed on or about the purchase of such proportion of the said materials and rolling stock, and the carriage, shipment, and conveyance thereof to the Colony, and all percentages paid to the Contractors on account thereof under this agreement. G. The Queen contracts that such Agent-General will, on behalf of the Queen, pay to the Contractors in England five pounds for every hundred pounds worth of material and rolling stock as aforesaid comprised in any accepted tender, such percentage to be paid within thirty days after the acceptance of each such tender : Provided always that if from any cause whatever any such materials or rolling stock as aforesaid included in any such accepted tender, and in respect of which such commissions as aforesaid shall have been paid to the Contractors, be not delivered in accordance with the terms of such tender, the Contractors shall and will, on being requested so to do by the said Agent-General, and without charge for commission therefor, but at the expense of the said Agent-General, call for fresh tenders for materials and rolling stock similar to such materials and rolling stock as shall be so undelivered, and shall, in relation to such fresh tenders and such materials and rolling stock, do and perform, without any charge therefor, all such acts, matters, and things as by this agreement they are bound to do in relation to the original tenders, and the material and rolling stock comprised therein ; and the Contractors will so on from time to time, whenever any materials or rolling stock comprised in any fresh tender shall not be delivered, and if the Contractors be required by the said AgentGeneral so to do, call for tenders, and give their advice and assistance in relation thereto without charge until materials and rolling stock shall have been delivered to an amount in cost equal to the amount on which commission shall have been paid to them under this agreement. 7. The Contractors agree that, except as aforesaid, they will not take or accept on their own. accounts any profit or proportion of profit, or any commission, discount, or allowance from the tenderer, manufacturer, vendor, or any other person for or in respect of any such materials or rolling stocks as aforesaid agreed to be supplied under any such accepted tender; and that any profit or proportion of profit, commission, discount, or allowance received or recoverable, or paid or payable for or in respect of any such materials and rolling stock as aforesaid, shall be the property of the Queen, and be paid to such Agent-General on her behalf, and if paid or payable to the Contractors, they will, on receiving the same, pay the same over to such Agent-General. 8. Whereas the materials and rolling stock intended to be purchased under the terms of this present agreement would, under the said Contract No. 3, have been supplied by the Contractors, and the cost thereof would have formed part of the sum of seven hundred thousand pounds (£700,000), contracts to the amount of which it was agreed by the said Contract No. 3 should be entered into before the said Contract No. 2 was annulled: And whereas the commission to be paid as aforesaid to the Contractors in respect of the advice and assistance given by them in the matters aforesaid is at the rate of five pounds per centum in lieu of the estimated profit of ten pounds per centum, which the Contractors assure the Government they expected to have earned had the terms of the said Contract No. 3 been adhered to: It is agreed by and between the parties hereto as follows: —The said sum of seven hundred thousand pounds (£700,000) shall be reduced by one hundred and twenty-five thousand pounds (£125,000), being one-half of the said sum of two hundred and fifty thousand pounds (£250,000) to be expended as aforesaid; and it is hereby agreed that, upon the parties hereto entering into contracts for the construction of specified railways to the extent of not less than five hundred and seventy-five thousand pounds (£575,000), exclusive of the cost of such materials and rolling stock as aforesaid, the said Contract No. 2 shall be annulled, cancelled, and of no effect. In witness whereof, Sir George Ferguson Bowen, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, the Governor of the said Colony of New Zealand, hath, in the name and on behalf of Her Majesty the Queen, hereunto set his hand, and hath caused the Seal of the said Colony to be hereunto affixed; and James Brogden hath, under and by virtue of a power of attorney from the said Alexander Brogden, James Brogden, and Henry Brogden, dated the tenth day of August, one thousand eight hundred and seventy-two, hereunto set their hands and seals, the day and year firstly hereinbefore written. Signed by Sir George Ferguson Bowen, ~) Governor of the Colony of New Zealand, and G. F. Bowen, the Seal of the Colony affixed hereto in the | Governor, presence of J. D. Oemond. Witness— William Fox. -•i Alexander Brogden, By his Attorney, James Brogden. Signed, sealed, and delivered by the said ■„ -„ (£eal Alexander Brogden, James Brogden, and Henry y Henry Brogden, Brogden, by their attorney the said James B J hls Attomey> James Broff °\ Brogden, in the presence of James Beo&den . J ( Seal)