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LEGAL PAPERS CONNECTED WITH THE ACTION BROGDEN AND OTHERS V. THE QUEEN, ON ACCOUNT OE THE WAITARA TO NEW PLYMOUTH RAILWAY CONTRACT.

PETITION OP EIG-HT (PILED Bth SEPTEMBER, 1877). In the Supreme Cotjbt op New Zealand, ) Wellington Disteict. J Alexandeb Bbogden, Henet Bhogden, and James Beogben against The Queen. Transcript of Pleadings. To the Queen's Most Excellent Majesty : Your faithful subjects' —Alexander Brogden, Henry Brogden, and James Brogden, all of No. 4, Queen's Square, in the City of Westminster, in England, carrying on business as Railway Contractors, in New Zealand, under the style or firm of " John Brogden and Sons," humbly show : — 1. That, on or about the nineteenth day of July, one thousand eight hundred and seventy-three, a contract was entered into under due authority of law in that behalf, between the Governor of New Zealand in the name and on behalf of your Majesty of the one part, and your suppliants of the other part, of which (except the plans annexed thereto) the following is a copy: — Aeticles or Agreement made and entered into this nineteenth day of July, one thousand eight hundred and seventy-three, 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 Square, in the City of Westminster, in England, Railway Contractors (hereinafter referred to as " the Contractors "), of the other part. Wheeeas 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, 187.1 " (hereinafter referred to as " the said amending Act"), certain railways, and amongst others a railway from New Plymouth, in the Province of Taranaki, to Waitara, 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 respectivel}', 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 Wellington, 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 forty-one thousand 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 are to supply, and, subject to the provisions contained in the conditions and specifications 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).