55

I.—U.

6. That the Contractors consent and agree that all moneys from time to time due and payable from them under or in respect of the said promissory notes may be set off against any moneys for the time being due to the Contractors by Her Majesty the Queen, or the Governor of New Zealand, or the Government of New Zealand, under or in respect of any contract entered into, in the name of the Queen or the Governor of New Zealand, by the authority of the local Government of New Zealand. 7 That the Contractors will convey the said immigrants to and land them at such ports in New Zealand as the Agent-General shall approve of; that is to say, the Agent-General shall have power to fix how many of such immigrants shall from time to time be conveyed to each of the several ports of Auckland, Wellington, Marlborough, Otago, and ; and the Contractors will conform to the decision of the Agent-General in the matter. 8. The Contractors will, so far as they are able, promote the settlement of the said immigrants in New Zealand, and to that end will purchase from the Crown such of the waste lands of the Crown in New Zealand as may be agreed between the Contractors and the Minister for Public Works in New Zealand for the time being, not exceeding acres for every of such immigrants, and will, so far as they are able, provide for the settlement of such immigrants on the land so purchased.

Immigration Contract entered into with the Messrs. Beogden, dated the 27th day of June, 1872. Articles of Agreement entered into this twenty-seventh day of June, one thousand eight hundred and seventy-two, between Sir Geoege Febgtson Bowen, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Governor and Commander-in-Chief in and over the Colony of New Zealand and its Dependencies (hereinafter called " the Governor"), for and on behalf of the said colony, by Isaac Earl Featherston, of No. 7, "Westminster Chambers, in the City of Westminster, Esquire, the Agent-General of NewZealand, of the one part; and Alexander Brogden, M.P , Henry Brogden, and James Brogden, all of No. 4, Queen's Square, in the City of Westminster, and carrying on business under the style or firm of John Brogden and Sons, as Railway and General Contractors (hereinafter called " the Contractors "), of the other part. Whereas by "The Immigration and Public Works Act, 1870," amended by "The Immigration and Public Works Act Amendment Act, 1871," it is, amongst other things, provided that the Governor may enter into such contracts as may seem proper with any person or persons within or without New Zealand, for the selection, conveyance to, and settlement in New Zealand of such classes of immigrants and in such number as the Governor shall think fit: And by the same Act the Governor was authorized to appoint some person to be Agent-General of New Zealand in the United Kingdom of Great Britain and Ireland, whose duty it should be to do all things in relation to New Zealand that the Governor in Council might direct: And whereas, by virtue of the authority contained in the said recited Act, the Governor has appointed the said Isaac Earl Featherston as such Agent-General, and the Governor in Council has duly authorized and empowered him to enter into such contracts as he might think fit, with a view to carry into effect the provisions of the said recited Acts with reference to immigration ; and, in part exercise of such authority, the Agent-General (which expression shall, in the construction of these presents, mean the Agent-General for the time being for New Zealand, appointed under section 45 of " The Immigration and Public Works Act, 1870") has entered into arrangements with Messrs. Shaw, Saville, and Company, of Leadenhall Street, London, for the conveyance of such emigrants from London or Plymouth to New Zealand as the Agent-General shall require to be conveyed during twelve months ending the seventh day of March, one thousand eight hundred and seventy-three, on certain terms and conditions mentioned in an agreement made between the parties, and dated the seventh day of March, one thousand eight hundred and seventy-two, hereinafter referred to by the expression "the said agreement," a copy whereof has been handed to the Contractors : And whereas the Governor and the Contractors have entered into arrangements for the execution by the Contractors, in New Zealand, of railway and other works, in reliance upon which being carried out, and with, a view to the execution of which works, the Contractors have selected and sent out to the said colony men suitable to be employed on the said works, with their families, and are desirous of sending out other such men, and have applied to the Agent-General on behalf of the Governor to co-operate with them to effect such object on the terms and conditions hereinafter mentioned, which the Agent-General on such behalf has agreed to do: Now these presents witnesseth that, for the considerations herein appearing, the Governor (so far as he lawfully can or may, under or by virtue of the said recited Acts or otherwise, but not further or otherwise), for himself and his successors (all of whom are hereinafter included in the expression " the Governor "), so far as the agreements hereinafter contained are to be observed or performed on his or their parts respectively, doth hereby agree with the Contractors, their executors, administrators, and assigns (all of whom are hereinafter included in the expression "the Contractors"), and the Contractors, and each of them, for themselves and himself, and their respective executors and administrators, so far as the agreements hereinafter contained are to be observed and performed on their parts, do and doth hereby agree with the Governor, his successors and assigns, in manner following, that is to say, — 1. In addition to the emigrants so selected and sent out by the Contractors as aforesaid to New Zealand, the Contractors will, with all convenient speed, with a view to the execution of such works as aforesaid, select other emigrants to proceed to New Zealand so as to make up, with those already sent out by them, such a number (not exceeding, in the whole, two thousand) of able-bodied men of not less than twenty-one years of age, besides wives and children, as the Agent-General shall from time to time require; and will furnish to the Agent-General the names and ages of all such emigrants, and submit them and their persons to such examination by duly-qualified men as the Agent-General shall from time to time require ; and these presents shall only apply to such emigrants and proposed emigrants as the Agent-General has already approved of and shall hereafter approve of, which emigrants are hereinafter referred to as " the said emigrants."