D.—2

16

48. It is also declared and agreed that these presents and everything herein contained shall be read and construed subject to the provisions of the said Act and the principal Act, except where the same are hereby expressly modified pursuant to any Act amending- the said Act, it being hereby declared that as enacted by "The Midland llailway Contract Act, 1887," these presents shall be and are intended to operate as a substitute for the original contract. 49. Wherever in these presents it is provided that any appointment, instrument, or notice, or any other act or thing, power, or authority whatsoever, may be made, executed, given, done, performed, exercised, or suffered by the Queen, or by or on behalf of the Queen, or by the Governor, then it shall be sufficient if such appointment, instrument, or notice, or other act or thing, power, or authority is made, executed, given, done, performed, exercised, or suffered by the Governor on behalf of the Queen, or in his own name, as the case requires, or by such person or persons as the Governor may from time to time appoint for all or any of the purposes herein mentioned; and also that when any notice or instrument may be given to or served on the Queen by or on behalf of the Company the same may be given to or served on the Governor on behalf of the Queen, or to or on any person appointed by him to receive the same. 50. Wherever in these presents any act or thing is agreed to be done or suffered by or on behalf of the Queen, or the Minister for Public Works, which, under or by virtue of " The Government Railways Act, 1887/' is now or at any time hereafter may be directed or required to be done or suffered by the New Zealand Railway Commissioners constituted under the said Act, then, and in any such case, the obligation to do, perform, or suffer such act or thing shall devolve upon the said Commissioners, who shall be deemed to be substituted throughout these presents for the Queen, or the Minister for Public Works, as the case may be, so far as relates to any such act or thing as aforesaid : Provided that if the hereinbefore-mentioned Act shall be repealed, or the powers and duties of the said Commissioners shall in any manner be determined or be suspended, then the Queen or the Minister for Public Works, as the case may be, shall be entitled to resume the right to do, perform, or suffer any such act or thing as aforesaid, subject to any provision in that behalf made by the General Assembly ; and the Queen and the Company shall in any such case as lastly provided for have all such mutual rights and liabilities in respect of any act or thing as aforesaid as if the said Act had not been repealed or the powers and duties of the said Commissioners had not been determined or suspended. In witness whereof these presents have been signed by Sir William Francis Drummond Jervois, the Governor of the Colony of New Zealand, in the name and on behalf of the Queen, with the advice and consent of the Executive Council of the said Colony, and the Seal of the Colony and the common seal of the Company have been respectively hereunto affixed, the day and year first before written.

SCHEDULE OP RATES. For any Distance Per Mile after not exceeding first 10 Miles. 10 Miles. Animals. s. d. s. d. Horses, one only ... ... ... ... ... 100 03 Horses, each additional one belonging to same owner ... 76 0 2-J Cattle, one only ... ... ... ... ... 76 0 2| Cattle, each additional one belonging to same owner ... 5 0 0 2 Calves (one year old and under), one only ... ... 40 0 1-| Calves, each additional one belonging to same owner ... 20 0 Of Sheep, goats, pigs, one only ... ... ... 4 0 0 1| Sheep, goats, pigs, each additional one belonging to same owner ... ... ... ... ... 2 0 0 Of Sheep, goats, pigs, and calves, in large lots, per truck, loaded and unloaded by owner, who takes all responsibility and risk ... ... ... ... 15 0 10

Contract to operate asa substitute for original contract as required by " The Midland Railway Contract Act, 1887."

Provision that appointments, instruments, acts, and things to be made or done by Queen or the Governor may be done by the Governor on behalf of the Queen.

Notices to be served on the Queen may be served on the Governor or whom he may appoint.

New Zealand Railway Commissioners deemed to be substituted for Queen or Minister for Public Works in respect of matters provided?for by "The Government Eailways Act, 1887."

Proviso in case powers of Commissioners cease, or are rescinded.

Mutual rights of parties.