1.—7.
23
amount, but they may have to be varied in the mode and terms of presenting them, and you reply that they are therefore not final, and on that view of the case you object to enter on an examination of them. Tour statement that they have not the character of finality will not, excuse us for saying so, bear examination. If it has a meaning, it asks us to deprive ourselves of that which the law reserves to us, and probably such a consent would prevent our availing ourselves of the rights conferred under the 17th section of " Tlie Government Contractors Arbitration Act, 1872," to which you refer us — i.e., supposing that we proceeded under that Act, but we are advised not to do so unless the Act is amended so as to be in accordance with the contracts. We suppose, however, that it is of no use urging the point, as we cannot comply with your request, and in our opinion ought not to be asked to do so. If the Government and we are to attempt to settle the disputes, you have the means of ascertaining the facts, and of dealing with us in reference thereto, and we beg to put on record that amicable settlement is what we wish for, and would make considerable sacrifices to effect, but if we are to abandon that idea we must try our rights. We therefore send you notice to arbitrate under the Invercargill and Mataura Contract, and wish to explain that the amounts we shall proceed to recover agree with the claim sent to you on the 14th March last, with the addition of those belonging to this contract and included in the claims sent to you on the 2nd ultimo, and of which the vouchers were tendered yesterday. This is an illustration of the necessity of reserving the right to change the mode of presenting the accounts. As you are aware, we have already a Petition of Eight signed on 2nd November, 1878, by His Excellency the then Governor of New Zealand relating to this case. We shall probably have to ask you if the Government will be good enough to advise His Excellency to grant us in lieu thereof a new Petition of Eight based on our claims as now presented. We could of course apply to the Court for leave to amend our particulars so as to accord with our present reduced claim, but it will avoid confusion if the petition deposited agrees with particulars on which we rely. The petition would be in all other respects similar to that now in our possession. We have, &c, Hon. E. Oliver, Minister for Public Works. John Beogden and Sons.
Messrs. Beogden and Sons to the Hon. the Ministee for Public Woeks. Invercargill and Mataura Hallway. Sie,— Wellington, 21st April, 1881 We have the honor again to submit to you particulars of our claim against the Government of this colony under the contract dated the 10th August, 1872, entered into by us for the construction of the above-mentioned railway and the performance of the other works in connection therewith. £ s. d. In addition to the contract price of ... ... ... ... ... 88,832 0 0 we claim to be paid the following sums, viz.: — For extra works done and executed in and about the formation of the railway, the details of which are set out on pages 2 and 3 of the accompanying account* ... ... ... ... ... ... ... 15,323 2 8 For the cost of the station accommodation provided by us pursuant to the contract, as per details on page 4, and 10 per cent, thereon ... ... 15,601 10 6 For the miscellaneous items specified on page sof the accompanying acccount 8,853 13 0 For money paid for wharfage charges, Customs dues, railway fares, and sundries, as per details on pages 6 and 7of the accompanying account ... ... 93 1 7 We further claim interest at the rate of 10 per cent, per annum on all the above-mentioned sums, or so much thereof as now remains unpaid from the respective dates when the same respectively became due and payable until payment. The Government having refused to permit the Engineer under the contract to give his final certificate of the completion of the works, and having declined to satisfy our claim, we have no alternative but respectfully to request that you will accept this letter as a formal notice that disputes have arisen between us (the contractors) and the Government relative to certain of the subject-matters of the contract, and of our desire that the matters so in dispute may, after the expiration of one calendar month from the delivery hereof, be referred to the determination,, arbitrament, and award of the Judge of the Supreme Court within which (sic) the works relative to which the disputes have arisen have been executed, in conformity with clause 32 of the General Conditions of the said contract. The Hon. the Minister for Public Works, We have, &c, Wellington. John Beogden and Sons.
The Assistant TTndee-Seceetaey for Public Works to Messrs. Beogden and Sons. Gentlemen, — Public Works Office, Wellington, 26th April, 1881. I am directed by the Minister for Public Works to ask you to be good enough to state whether you have any further claims against the Government besides those which you have already sent to him. I have, &c, 0. T. Benzont, Messrs. John Brogden and Sons, Wellington. Assistant Under-Secretary Public Works.
Messrs. Bsogden and Sons to the Hon. the Ministee for Public Woeks. Sie,— Grey Street, Wellington, 27th April, 1881. We have the honor to acknowledge the receipt of your letter of the 26 th iustant, P.W. 81-1380, No. 1721, and, in reply, to state again that the claims already forwarded to you, in accordance with your letter of the 9th ultimo, embrace the whole of our claims against the Government.
* The claims of 1881, printed for the use of the Grovernnient Law Officers.
Use your Papers Past website account to correct newspaper text.
By creating and using this account you agree to our terms of use.
Your session has expired.