I.—lA,

56

2. The expression " adults " shall, for the purposes of these presents, mean a person of the age of twelve years or upwards, or two persons above one year of age and under twelve years of age, the ages being taken at the time of embarkation, and children of one year of age not being taken into account. 3. When and so soon as there shall be, in the opinion of the Agent-General, from time to time, a number of the said emigrants sufficient to fill a ship and ready to embark, the Agent-General shall forthwith, from time to time, give the requisite notice under the said agreement, and use his best endeavours, consistently with the said agreement, to cause such emigrants to be conveyed to such port or ports in New Zealand as the Contractors may, in writing, request, and the Governor will make all payments payable under the said agreement in respect of the conveyance of such emigrants: Provided that if any of the said emigrants whoso names shall have been furnished by the Contractors to the Agent-General for embarkation, and who shall have been included in the list prescribed by the 32nd article of the said agreement, shall fail to embark, the Contractors will, upon the request of the AgentGeneral on behalf of the Governor, repay to the Agent-General all sum and sums of money from time to time paid by the Agent-General on such behalf under the said 32nd article of the said agree, ment, for the emigrants who have so failed respectively to embark : Provided also that the Governor shall not be required to pay the cost of or provide a conveyance for (including those already sent) any greater number than two thousand able-bodied men of not less than twenty-one years of age, or any greater number of the said emigrants in the whole than six thousand adults. 4. The Governor will, on the arrival of the said emigrants in New Zealaud, cause them to be received and dealt with in as beneficial a manner as other emigrants are received and dealt with on behalf of the Governor on arrival in the colony 5. With a view to a part repayment of the moneys so to be paid or expended by or on behalf of the Governor, the Contractors will repay to the Governor the sum of £10 in respect of every adult of the said immigrants who has sailed, or who hereafter shall be embarked as aforesaid; such repayment to be secured, with interest, by the joint and several promissory notes of the Contractors, in the form given and so signed as mentioned in the Schedule hereto ; such promissory notes in respect of those emigrants who have sailed to be handed over to the Agent-General in exchange for the sum to be so paid to the Contractors as aforesaid ; and the promissory notes in respect of those to be hereafter conveyed to be handed over to the Agent-General from time to time, upon request, immediately after such ship has, according to article 14 of the said agreement, proceeded to her destination. And in case the Governor or the Agent-General shall, under the 30th article of the said agreement, be repaid the half of the passage-money payable by him thereunder in respect of any of the said emigrants, an allowance shall be made by the Governor to the Contractors at the rate of £5 for each adult emigrant in respect of whom such repayment shall be made to the Governor or the Agent-General; and the amount of such allowance shall, when ascertained, be written off by indorsement on and be taken as part payment distributively of the instalments of the promissory notes given in respect of the shipment upon which such allowance shall arise. And in all cases in which any such repayment as aforesaid of half the passage-money shall become due to the Governor or Agent-General under such agreement, the Governor or the Agent-General shall demand and use his best endeavours to recover the same. G. The Governor may deduct the amounts which have from time to time become due and payable by the Contractors upon or by virtue and according to the tenor of the said promissory notes, from any moneys payable by the Governor to the Contractors in respect of any railway or other works executed by them ; and there shall be indorsed upon any contract for the time being in force between the Governor and the Contractors with reference to such works, and upon the duplicate thereof in the hands of the Contractors, a memorandum to the following effect, that is to say,— Memorandum. By an agreement made between the Governor and the Contractors, dated the 27th June, 1872, the Governor advances the passage-money, at £10 per adult, of immigrants into New Zealand, not exceeding 6,000 in number, and takes promissory notes of the Contractors for each advance, payable by four equal instalments of two, three, four, and five years from the date of each advance, with interest at 6 per cent, per annum in the meantime, and with liberty to the Contractors to pay the principal and interest earlier if they please, and with power to the Governor to deduct the amounts which have from time to time become due and payable upon such promissory notes, and according to their tenor, from any moneys payable by the Governor to the Contractors in respect of any railway or other works executed by them under the within contract. 7 The Contractors may take from or for and in respect of every adult of the said immigrants a sum not exceeding £16 in payment of that for which payment is hereby agreed to be made by the Contractors to the Governor as aforesaid, and to cover the risk to the Contractors of the nonpayment of such a sum ; but they shall not, under any circumstances, take from or for or in respect of any adult of the said immigrants more than that amount in respect of passage-money 8. If the Contractors desire to assure with the Life Assurance Office of the Government of New Zealand all the said emigrants embarked in all or any of the ships, they are to be at liberty to do so on the same terms on which emigrants sent out by the Honorable Colonel Feilding may be insured under the arrangements made between him and the Governor, a copy of the terms of which arrangement has been handed to the Contractors. 9. The Governor, by being a party to these presents, and the Agent-General, by signing the same on his behalf, shall not incur any personal responsibility or liability whatsoever. In witness whereof the Agent-General has hereto, as agent for and on behalf of the Governor, set his hand, and the Contractors have respectively set their hands, the day and year first above written.