143

I.—7a

Contractor; but a commensurate extension of time for completing the works will be allowed to the Contractor, such extension of time to be at the discretion of and to be decided by the Engineer. Damages to be made Good. 14s. The Contractor shall also provide for effectually securing and covering the several walls and works from the weather, as occasion may require, or as the Engineer may direct; and if any damage or loss should happen to any of the works, plant, or materials—whether from fire, theft, or weather, force of waves, or from any other cause —while the works and buildings are unfinished, or remain in possession of the Contractor, the Contractor must properly and immediately repair and make good the same at his own expense, and. to the satisfaction of the Engineer ; unless it can be shown that the damage arises from insufficient or imperfect designs, when the Contractor will not be held responsible, and, in case of dispute, the matter shall be settled by arbitration, as hereinafter provided. Trespass. 15. The Contractor shall not enter upon any lands outside the line of fences for the construction of the works, or for any purpose whatever in connection with this contract, without the consent of the occupier or owner, except at his own cost and risk ; and shall not, without the consent of the Engineer, remove any trees or buildings within the line of the railway fences, nor shall he open or throw down any part of a fence without making sufficient provision by temporary fences, to be erected and maintained at his cost, for keeping cattle, sheep, or other stock from straying from or into any enclosure affected thereby; and any legal process causing costs or damage to the Government for any trespass incurred by the act or negligence of the Contractor or his workmen shall be deducted from the contract-price, and be taken as payment made on account of his contract. Maintenance of Worhs. 16. The Contractor shall be bound to keep and maintain in good and sufficient repair the whole works executed under the contract, and shall provide all labour, tools, &c, necessary for such maintenance for a period of three months from and after the time when all the works under the contract have been fully completed ; and the Contractor shall on the expiry of the said period of maintenance be bound to deliver up the whole works in good and sufficient condition, and to the satisfaction of the Engineer. The Contractor shall also be liable for any accident, damages, or injury whatsoever to the public or any private person which may be caused by his operations during the progress of the works or during their maintenance. He shall also maintain all night-lights and temporary footpaths required by any municipal or other authorities, or for the safety of the public, and shall make all necessary arrangements, by siding or otherwise, as required by the Engineer, to prevent stoppage of public traffic. Land. 17. The Minister for Public Works shall, free of all expense, put the Contractor in possession of all land required for the permanent works of the railway, including land required for side-cutting, ballasting, spoil-banks and road approaches, road diversions, and slips, and also from time to time, as occasion may require, but at "the cost of the Contractor, and so far only as the parliamentary powers possessed by the Governor or the Minister for Public Works will extend to enable them so to do, of all such land as may be necessary for temporary purposes in connection with the works. 18. The Minister for Public Works shall, within thirty days after the signing of the contract by the Contractor, put the Contractor in possession of such parts of the land for the permanent works as may be necessary for the commencement thereof, and will from time to time, after fifteen days' notice in that behalf shall have been given by the Contractor to the Engineer, put the Contractor in possession of all such other parts of the lands required for the permanent works as may be necessary for the immediate prosecution thereof. Delay in giving Possession of Land. 19. If any delay shall take place in giving to the Contractor possession of any land required for the permanent works as aforesaid, such delay shall not be deemed to be a breach of the contract, but the Contractor shall be entitled to such reasonable extension of time for the completion of the works as shall be fixed by the Engineer, or, in case of any dispute, by arbitration, as hereinafter provided. Power to require Dismissal of any Workman. 20. The Engineer may require the dismissal within twenty-four hours by the Contractor of any agent, overseer, foreman, workman, or other person employed by him on the works, for incompetency or misconduct, and any man so dismissed shall not be again employed upon the works. Truck System not allowed. 21. The workmen, tradesmen, and labourers of every class employed on the works to which these conditions refer shall be paid their wages in full in money of the current coin of the colony, and no ticket or other system of payments by provisions, liquors, or goods will on any pretence be allowed, nor shall the Contractor or any person or persons employed by him, or in any way connected with him, establish any shop for the supply of liquors, provisions, or goods, nor shall the contractor oblige his workmen to take provisions, liquors, or goods from any person in particular. The workmen of every class shall be paid on the works if it be possible, or in some building adjoining, and in no case shall they be paid at a publichouse or other place where liquors or refreshments are sold. Payments. 22. Payments will be made monthly, for each calendar month, as the works proceed, on the certificate in writing of the Engineer, at a rate not exceeding 90 per cent, on the value of the work actually done, as estimated by the Engineer, having due regard in such estimate to the actual value thereof, and at a rate not exceeding 50 per cent, on the value of such plant and materials on the ground