MESSRS BROGDENS' IMMIGRATION CONTRACT.

Wellington Independent, Volume XXVIII, Issue 3900, 3 September 1873, Page 2

MESSRS BROGDENS' IMMIGRATION CONTRACT.

The following is the text of the petition presented by the Hon Mr Fitzherbert, on Friday, on behalf of Messrs Brogden and Sons, with respect to the contract for immigration : — Tlmt articles of agreement were entered into, on the 27' li of June, 1872, between tho Governor of New Zealand, by the AgentGeneral of New Zealund cf the one part, and the firm of John Brogden nnd Sons, niilwfiy and general contractors, of the other "part. Whereas, by the Immigration and Public Works Acfc, I>7o. amended by tho Immigration and Public Works Act Amendment Aofc, 1871, it is ntnongßt other things provided that the Governor may enter into puch contracts as may ?eom proper, wifch nny person or persons within or without New Zoaland, for tho soled ion, coiivpyatu''* to, and settlement in Npw Zealund, of pueh classes of immigrants, nnd in *ueli number, ns tho Governor shall think Bt. : And, by Iho an me Act, the Governor was authorized to appoint such person to he Audit-General of New Zealand in the United Kingdom of Great. Britain and Ireland, whose duty it should be to do all things in relation

to New Zealand fchafc fche Governor in Council might direct : And whereas, by virtue of fche authority contained in the said recited Act, the Governor has appointed the said laaao Earl Featherston as such Agent-General, and. the Governor in Council has duly authorized and empowered him to enter into such con-; tracts as he might think fit, with a view to ? carry into effect the provisions of the said recited Acts with reference to immigration j and, in parfc exercise of such authority, the Agenfc- General (which expression shall, in the construction of these presents, mean the Agent-General for the tima being for New Zealand, appointed under section 45 of the Immigration and Public Works Acfc, 1870.) bas entered into arrangementa with Messrs Shaw, Savill and Co, of Leadenhall sfcreet, London, for the conveyance of such emigrants from London or Plymouth to New Zealand as the Agent-General shall require fco be conveyed during twelve months ending 7th March, 1873, on certain terms and conditions mentioned in an agreement made between the parties, and elated 7th day of March, 1872, hereinafter referred to by the expression " the said agreement a copy whereof has been handed to the contractors. And whereas fche Governor and the contractors have entered into arrangements for the execution by the contractors in New Zealand of railway and other works, in reliance upon which being ' carried out and with a view to fche execution of which works fche contractors have selected and sent out to the said colony men suitable to be employed on the said works, with their families, and are desirous of sending other such men, and have applied to the AgentGeneral on behalf of the Governor to cooperate with them to effect such object on the terms and conditions hereinafter mentioned, which the Agent-General on such behalf has agreed to. Now these presents witness thafc for the considerations hereinafter appearing, the Governor (so far as he lawfully can or may, under or by virtue of the said recited Acts or otherwiso, but not further or otherwise), for himself and his successors (all of whom are hereinafter included in the expression the "Governor"), so far as the agreements hereinafter contained are to be observed or performed on his or their parts respectively, doth hereby agree with the contractors, their executors, administrators, and assigns (all of who«n are hereinafter included in the expression '* the contractors, and the contractors, and each of them, for themselves, and himself, and thoir respective executors, and administrators, so far as fche agreements hereinafter contained are to be observed and performed on their parts, do and doth hereby agree with the Governor, his successors, and assigns in manner following, thafc is to say : — 1. In addition fco the immigrants so selected and sent out by fche contractors as aforesaid to New Zealand, the contractors will, with all convenient speed, wifcb a viow to the execution of such works as aforesaid, select other emigrants to proceed to New Zealand, so as fco make up with those already senfcoufc by them, suoh a number (nofc exceeding in the wholo 2000) of able-bodied men of not less than 21 years of age, besides wives and children, aa tho Agent-General shall from time to time require, and will furnish to the Agent-General the names and ages of all such emigrants, and submit them and their persons to such examination by duly qualified men as fche Agent-General shall from time to time require ; and these presents shall only apply to such emigrants and proposed emigrants as the Agent-General has already approved of and shall hereafter approve "of, which emigrants are hereinafter referred to as the said emigrants. 2. Tho expression adults shall, for fche purposes of these presents, mean a person of the age of 12 years or upwards, or two persons above one year of age and under 12 years of age (the ages being taken at time of embaroafcion), and children of one year of age not being taken into aocount, 3, When and so soon as there shall be, in tbe opinion of the Agent-General, from time fco -time, a number of the said emigrants sufficient to fill a ship and ready to embark, the Agent-General Bhall forthwith, from time to time, give the requisite notice under the said agreement, and use his beet endeavorß, consistently with the said agreement, to cause euch emigrants to be conveyed to such port or ports in New Zealand as the contractors may in writing request, and the Governor will make all payments payable under the said agreement in respect of the conveyance of such emigrants. Provided that if any of the said emigrants whose names shall have been furnished by the contractors to tlie AgentGeneral for embarcation, arid who shall hive i been included in the liafc prescribed by the 32ud article of the said agreement, Bhall fail to embark, the contractors will, upon the request of the Agent-General on behalf of. fche Governor, repay lo the Agent-General all sum and Bums of money from time to time paid by Agent-General on such behalf, undor the 32nd article of the said agreement, for the emigrants who have bo failed respectively fco embark. Provided also that the Governor shall nofc be required to pay the cost of, or provide for conveyance for (including those already sent) any greater number than 2000 i able-bodied men of not lees than 21 years of age, or any greater number of the said emigrants in the whole than 6000 adults. 4, The Government will, on the arrival pf the aaid emigrants in New Zealand, cause them to be received and dealt with in as I beneficial a manner as other emigrants are received and dealt wifch on behalf of the Go- | vernor on arriving in the colony. 6. With a view to a parfc repayment of the moneys so fco be paid or expended by or on behalf of thi» Governor, the contractors will repay to fche Governor fche sum of £10 in respect of every adulfc of the said emigrants who has sailed, or who shall hereafter be embarked as aforesaid, such repayment to be secured with interest by the joint and several promissory notea of the contractors in the form given and bo signed as mentioned in tho schedule hereto, such promissory notes in respect of these emigrants who have sailed to be hanr?ed over the Agent-General -in exchange for. the sum to be so paid to the contractors as aforesaid, and the promissory notes in respect of those to be hereafter conveyed to be handed over to fche Agent-General, from timo to time, upon request, immediately after suoli ship has, according- to article 14 of the said agreement, proceeded fco hor destination. And in case the Governor, or the Agent-General shall, under the SOth article of fche said agreement, be repaid the half of fche passage money payable by him thereunder in respect of any of the said emigrants. An allowance shall be made by the Governor to the contractors at tbe rate of £5 for eacb adult emigrant, in respect of whom such repayments shall be made to the Governor or Agent-General, and the amount of such allowance shall, when ascertained, be written off by endorsement on, and be taken aB, part payment distributivoly of the instalment, of the promissory notes given in respect of tho shipment upon which such allowance shall arise. And in all cases in which any such repayment, as aforesaid, of half the passage money shall become due to the Governor or Agent-General under suoh agreement;, the Governor or the Agenfc General shall demand and use his besfc endeavors fco recover the same. 6. The Governor may deduct the amounts which have from time to timo became duo and payable by tbe contractors npon or by virtue and according fco the tenor of the said promissory notes from any moneys payable by the Governor fco the contractors in respect of any railway or other works executed by them, unci there shall be endoreqd upon any contract for tho time being in force between -the Governor and contractors with reference to suoh works, and upon the duplicate thereof, in the hands of the contractors, a memorandum to tho following effect, thafc is to say : — Memohandum. By an agreement made between the Governor and the contractors," dated 27th June, 1872, the Governor advances the

passage money, afc £10 per adulfc, of emigrants into New Zealand, nofc exoeeding 6000 in number, and. takes promissory notes of the contractors fqr Teach advance, payable by four equal instalments of two, three, four, and five years .from the date of each advance, wifch interest ftb j the rate of six per cent per annum in the mean time, and with liberty to the contractors to pay the principal and interest earlier if they please, and with power to the Governor to deduct the amounts which have from time to time become due and payable upon such promissory notes, and according to their tenor, from any moneys payable by the Governor to the contractors in respect of any railway or other works executed by them under the within contract. 7. The contractors may take from, or for, and in respect of, every adult of the said emigrants v sum not exceeding £16, in payment of that for which payment is hereby agreed fco be made by fche contractors to the Governor, ( as aforesaid, and to cover the riß_ to the contractors of fche non-payment of such a sum ; bufc they shall not, under any circumstances, take from, or for, or in respeot of, any adult of the said emigrants more than that amount in respeot of passage money. 8. If the contractors desire to assure with the Lifo Assurance Office of the Government of New Zealand all the said emigrants embarked in ull or any of the ships, fchey are fco be at liberty to do so, on the same terms on which emigrants seufc oufc by the Hon Colonel Feilding, may be insured under the arrangements made between him and the Governor, a copy of the terms of which agreement has been handed to the contractors. 9. The Governor, by being a porty fco fche presents, and the Agent-General by signing the came on his behalf, shall not incur auy personal responsibility, or- liability, whatsoever. In witness whereof the Agent-General haa hereto, as agent for, ' and on behalf of fche Governor, set his hand j and the contractors have respectively set their hands, the day and year first above written. The schedule above referred to. — £ ship London. We jointly and severally promise to puy her Majesty the Quoen and her successors, on bshalf of the Colony of New Zealand, the sum of pounds, by four equal yearly instalments of pounds each, at the expiration of two, three, four, and five yeara respectively, from the date' hereof, with interest in the meantime, at fche rate of 6 per cent per annum, on so much thereof as shall for the time being remain unpaid, such interest to be paid half-yearly on every day of , and day of j the first of such half-yearly payments to be made on the first of the said days happening after the date hereof ; and in case default shall be made in . the payment of either of fche said yearly instalments of thn said interest for one calendar month after the same shall respectively shall become due and payable then, we jointly and severally promise fco ' pay immediately fche whole of the moneys und interest hereby secured, lsut wo are to be at liberty to pay the whole of any part of the amount secured by this promissory note at any earlier time or times than fche due dates of the instalments, if wo think proper. Payable at the office in London for the time being of fcbe Agent- General of New ; or, if there be no such offices there, afc tho Bank of England. To be signed — John Brogden and Sons, Ales. Brogden, Henry Brogden, Jas. Brogden. On behalf of fche Governor — (Signed) laaao Earl Featherston, Agent-General. Witness fco signature of Isaac Earl Featherston — John Brogden and Sons, Alex. Brogden, and Henry Brogden. (Signed) James Mackrell, solicitor, 21, Canning streefc, London ; Rene and Tabourdin, solicitors, 1, Victoria street, Westminster. Witness to the signature of Jas. Brogden. „ That your petitioners entered upon the performance on fcheir parfc of tbe said agreement in good faith and in the full belief that nothing would be dono by the Governor of the colony, or by the Agent-General, as his representative, which would prejudice your petitioners in carrying the same into effeofc. That amongst other things your petitioners had no reason to believe that the terms upon which the Government of the colony would carry on'emigration thereto during the term of the said agreement, would vary as regards the money payments to be made by emigranta from those which were then in force, and which were tho same as- those established by your petitioners for the emigrants to be sent out to the colony pursuant thereto. That; your petitioners were led by the Agent- General to believe fchafc no difficulty existei in fche colony in recovering from emigrants the sums which they bad contracted to pay in respect of their passage moneys and otherwise. That your petitioners, wben entering into the said agreement, were led to understand that the extent oi works which would be entruated to jour petitioners for construction in New Zealand would be such as would require the employment by them of fche full number of persons mentioned in fche said agreement ; whereas the works entrusted to your petitioners have nofc been sufficient to employ the number of persons who have actually beon sent oufc by them to the said colony under its provisions ; and in many cases, on the arrival of the emigrants in New Zealand, your petitioners were compelled to inour great expense in maintaining them temporarily, although your petitioners had no works upon which they could give them employment. That immediately after tbe making of tbe said agreement wifch your petitioners, the tho Agent-General altered the terms upon j which he was sending out emigrants to the colony, and reduced the amount to be paid by such emigrants much below the amount which your petitioners wev6 obliged fco oharge in order to repay themselves the actual cost! which would actually be ultimately by them in connection wifch the emigrants despatched by them under fche said agreement. That, moreover, fche Agenfc-General actually deapatohed in the same ships wifch emigrau's sent by your petitioners, emigrants for fche Government of the colony under terms whioh required from the latter a muoh less payment than was required from those who were sent ' out by your petitioners, and who, on becoming aware thereof, were dissatisfied and disappointed with the torms agreed upon by them with youi petitioners. That, shortly after landing in fche colony, large numbers of fche emigrants sent oufc by your petitioners deserted fcheir employment, which your petitioners believe fchey were led fco do chiefly on account of .the difference in fche amount whioh fchey were bound fco pay fco I your petitioners as compared with the amount I payable by the Government emigrants. . That; fche total number of adulfc males sent; oufc by your petitioners- is 1299, of whom only 219 entered into your petitioners' employment, the remainder having deserted. That your petitioners cannofc trace those who so deserted without incurring very great expense ; and even if they should succeed in 1 doing so, fche stafce of fche law in New Zealand relating to the recovery of debts is such as to render abortive any proceeding on the part of your petitioners againsb them That, by reason of fche mutters, aforesaid, the colony has. had the advantage of fche introduction of a large number of able-bodied men and their families under circumstances which . are inflicting serious loss on your petitioners. That your petitioners suggest to your hon House that they ought to be relieved from the loss fco which they have been subject, as aforesaid. Wherefore your petitioners humbly pray that their case may be inquired into~by your hon. House, with a view to suoh relief as your hon. House may think just. And your petitioners, as in dufcy bound, &o, &c. Alex. Brogden, by " his attorney, John Henderson • Henry Brogden, by his attorney, John Henderson; Jas. Brogden, by John Henderson: ■ Wellington, August 28, 1873.