1.-7 A

41

Middle Island. Dunedin to Clutha. (Such portions of the entire line as are not under contract.) Blenheim to Picton. Eakaia to Ashburton. Ashburton to Temuka. Temuka to Washdyke. Invercargill to Mataura. Moeraki to Waitaki. Brunner to Greymouth. (Conditional on satisfactory arrangement being made with owners or lessees of coal mines by Government.) Public Works Office, 19th December, 1871.

THE SIX EAILWAY CONTRACTS ENTERED INTO 10th AUGUST, 1872. Mxtract from Appendix to the Journals of the Souse of Representatives, D. —l 9, 1872.

THE AUCKLAND TO MEECEE RAILWAY CONTEA.CT. Aeticles or Agbeement made and entered into this tenth day of August, 1872, between the Governor of New Zealand, in the name and on behalf of Her Majesty the Queen, of the one part, and Alexander Brogden, Henry Brogden, and James Brogden, all of Queen's Square, in the City of Westminster, in England, Eailway Contractors (hereinafter referred to as " the Contractors"), of the other part. Whebeas by the sixth section of "The Railways Act, 1871," it is, amongst other things, enacted that the Governor may, if he think fit, construct and maintain, or cause to be constructed and maintained, under the provisions of "The Immigration and Public Works Act 1870" (hereinafter referred to as " the said Act"), and " The Immigration and Public Works Act Amendment Act, 1871" (hereinafter referred to as " the said amending Act"), certain railways, and amongst others a railway from Auckland, in the Province of Auckland, to Mercer, in the said province (which said railway is hereinafter referred to as " the railway herein mentioned ") : And whereas by the said amending Act it is provided that all contracts under any Act authorizing the construction of any railway under the said Act or the said amending Act shall be entered into in the name of the Queen, her heirs and successors: And whereas the Governor of New Zealand, on behalf of the Queen, has agreed with the Contractors for the execution and construction by them of the works described or referred to herein, and in the specifications, conditions, drawings, and plans hereto annexed or herein referred to, all of which specifications, conditions, drawings, and plans are signed by the Contractors and John Carruthers, Esquire, the Chief Engineer of the said Colony, on behalf of the colony : Now these presents witness that her Majesty the Queen, for herself, her heirs and successors (all of whom are hereinafter included in the expression "the Queen"), and, so far as the covenants hereinafter contained are to be performed or observed on her or their parts respectivel3r, doth hereby covenant 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 heirs, executors, administrators, and assigns, so far as such covenants hereinafter contained are to be performed or observed on their parts, do and doth hereby covenant with the Queen, her heirs and successors, in manner hereinafter appearing, that is to say, — 1. That they, the Contractors, shall and will, in all respects subject to and in accordance with the said conditions, specifications, drawings, and plans, construct, make, complete, and maintain, and do and perform, all the works, and supply all such plant and materials, as are by the said specifications and conditions to be supplied by the Contractor, whether such works, plant, and materials are described or referred to in the said conditions, specifications, drawings, or plans, or are extra or in addition thereto, within the time mentioned in the said conditions, subject, however, to the provisions contained in the said conditions for extension of time. 2. That the Queen shall and will, free of cost to the Contractors, provide and deliver to the Contractors, at the ship's side at the Harbour of Auckland, the iron rails and fastenings required for the permanent-way and the rolling-stock respectively mentioned in the specification. 3. That the Queen will pay the Contractors for the construction and execution of the said works, and the maintenance thereof, for the period of three months from the completion of the works, and for the supply of all such plant and materials as the Contractors are to supply under the provisions of this contract as aforesaid, the sum of one hundred and sixty-eight thousand nine hundred and twenty-four pounds (exclusive of the supply of such plant and materials as by the said specifications and conditions it is provided the Queen or the Government of New Zealand shall supply, and subject to the provisions contained in the conditions and specfications for increase and decrease in case of extras or deductions, and to the provisions contained in the said specifications or conditions for extra payment to the Contractors by percentages on the cost of such works as, by such specifications it is provided, the Contractors are to receive payment by way of percentage on the cost thereof). 4. The Queen shall, and will make payments to the Contractors upon account of the said sums herein agreed to be paid at the rate and times and upon the terms and conditions mentioned in the said specifications and conditions. 13—1. 7a.