31

I—7

and charge us with the full sum paid, as if no deductions had been made; and at the same time you deny us ouf Petition of Right in the other cases to recover the moneys deducted, as well as the other sums due. We have, &c, The Hon. the Minister for Public Works, Wellington. Joun Beogden and Sons.

Messrs. Beogden and Sons to the Hon. the Ministee for Public Woeks. Sie,— Wellington, 14th December, 1881. Referring to your letter of the 6th June, in which you state that our accounts are being examined by special officers of the department, and, as now six months have elapsed, we have the honor to request to be informed whether you are yet in a position to deal with them, either wholly or in part, or to make any proposals with reference to a settlement of them. Our Mr. A. Brogden has been now more than a year here, and we are fully prepared, by communication with your officers, by arbitration, or by any other amicable means, to establish our claims, or, if we fail in doing so, to withdraw them. We have not had the opportunity previously, but now do so, of asking if anything was specially meant by your statement in the House of Representatives on the 21st September last, viz., "It is possible that the contractor may wish us to waive our technicalities, and to retain technicalities which may be to his advantage." If the remark was suggestive and hypothetical we have no observations to make, but, as far as we can remember, we have never been asked to waive any technicalities, nor have we set up any. Again, with regard to the statement that the claims have grown from comparatively small to large amounts, we must repeat what we have said before that they have not so grown except by interest, which runs on under the contract until final payment, and that we are, and always have been, willing to adhere to the oifers for settlement which we made in 1876, when our contracts were drawing to a close. We presume you refer to the offer to accept £42,000 contained in our letter of the 25th May, 1876, but if you will examine the letter you will see it only relates to contracts specially named. The accounts for the other contracts were not then rendered, and some of the works were not completed. We write without prejudice to pending proceedings. We have, &c, The Hon. the Minister for Public Works. John Beogden and Sons.

Mr. Cate to Mr. Bell. Deae Sie,— Wellington, New Zealand, 19th December, 1881. Messrs. Brogden 1 s Claims, Waitara and New Plymouth Contract, My clients have instructed me to deliver a statement of claim in this case under the Government Contractors Arbitration Act. As the notices to arbitrate are applicable either under the arbitration clause in the contract or under the Act, I shall be glad to know whether you will accept the notice which has been given in this case as sufficient under section 7of the Act. It would also, I think, facilitate matters if you were to inform me the position the Government will take up in reference to these proceedings, having regard particularly to section 31 of the Act, and the limitation of time imposed by that clause. Tours, <fec, H. D. Bell, Esq., Crown Solicitor. Chaeles W. Cave.

The Tlndee-Seceetaby for Public Woeks to Messrs. Beogden and Sons. Gentlemen, — Public Works Office, Wellington, 22nd December, 1881. I have the honor, by the direction of the Acting Minister for Public Works, to acknowledge the receipt of your letter of the 14th instant. I am directed to inform you that the special examination of the claims of your firm, which was promised in the letter of the 6th June last, to which you refer, was commenced some time since, and is still proceeding. That examination, however, was ordered and is being made for the information of the Government with respect to the claims now before the Supreme Court, and in preparation for possible litigation with respect to other claims. The Government cannot make proposals with reference to your claims : they are, of course, bound by the contracts and by the laws of the colony, which affect the contractors. If you suggest that your claims can be settled otherwise than in the manner and within the time specially appointed by the Legislature for the purpose, then it appears to the Government that you should state the method which you propose should be adopted. I am directed to inform you that the observations quoted by you from the Hon. Mr. Hall's speech in the House of Representatives on the 21st September last were not pointed to any particular proceedings taken by your firm. I have, &c, John Knowles, Messrs. John Brogden and Sons, Wellington. Under-Secretary for Public Works.

Messrs. Beogden and Sons to the Hon. the Ministee for Public Woeks. Sie, — Wellington, 30th December, 1881. We have the honor to forward to you our statement of claim in regard to the Waitara and New Plymouth Railway Contract. We have, &c, The Hon. the Minister for Public Works, John Beogden and Sons. Wellington.

Messes. Bbogden and Sons to the Hon. the Minister for Public Works. Sie, — Grey Street, Wellington, 3rd January, 1882. We have the honor to acknowledge the receipt of your letter, P.W. 81-4247, No. 5037.