RAILWAY CONTRACTS ENTERED INTO BETWEEN THE GOVERNOR OF NEW ZEALAND AND MESSES. BROGDEN.

Appendix to the Journals of the House of Representatives, 1872 Session I, D-19

D.—No. 19.

RAILWAY CONTRACTS ENTERED INTO BETWEEN THE GOVERNOR OF NEW ZEALAND AND MESSES. BROGDEN.

I.—AUCKLAND TO MERCER. lI.—NAPIER TO PAKI PAKI. lII.—WELLINGTON TO HUTT. IV.—PICTON TO BLENHEIM. V.—DUNEDIN TO CLUTHA. VI.—INVERCARGILL TO MATAURA.

PRESENTED TO BOTH HOUSES OP THE GENERAL ASSEMBLY, BY COMMAND OP HIS EXCELLENCE WELLINGTON. 1872.

D.— Wo. 1».

Articles op Agreement 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, Railway Contractors (hereinafter referred to as " the Contractors "), of the other part: Whereas 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 respectively, 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

AUCKLAND AND MERCER RAILWAY.

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RAILWAY CONTRACTS,

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 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). 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. Lastly. The parties hereto shall and will each respectively perform, observe, and fulfil all and singular the conditions and stipulations expressed or contained in the said General Conditions and Specifications, and which thereby it is provided shall be performed, observed, or fulfilled by such parties respectively. In witness whereof the Seal of the Colony has hereunto been affixed, and the said Contractors have hereunto set their hands and seals, the day and year first above written. Sealed with the Seal of the Colony, \ and signed by the Governor, in/ G. P. Bowen, the presence of > Governor. William Fox. I J. D. Ormond. J Alexander Brogden, Signed, sealed, and delivered by the By his Attorney, James Brogden. above-named Alexander Brogden, (Seal.) Henry Brogden, and James _ Henry Brogden, Brogden, in the presence of By his Attorney, James Brogden. Wm. Thos. Locke Travers, (Seal.) Solicitor, Wellington. James Brogden. (Seal of the Colony.) J (Seal.) Approved in Council, August 10th, 1872. Eorster Goring, Clerk of the Executive Council.

AUCKLAND TO MERCER.

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P.—No. 10.

INTEEPEETATION CLAUSE. 1. In these conditions the words " Minister for Public Works " shall mean the Minister for Public Works appointed under " The Immigration and Public Works Act, 1870," or any Minister or person for the time being authorized by the Governor to act for such Minister in respect of the special work contracted for; the word " Engineer " shall mean the Engineer for the time being who shall have principal charge of the works on behalf of the Government; and the word "Contractor" shall mean "Contractors" when two or more persons tender or contract jointly for the work; and the word " month " shall mean " calendar month." WOEKS, &c, TO BE ACCOEDING TO DEAWINGS AND SPECIFICATIONS, AND TO THE SATISFACTION OF THE ENG-INEEE. 2. All the materials used are to be the best of their respective kinds, and all works of every description throughout are, subject to the provisions hereinafter contained, to be executed conformably to the several drawings and details prepared or that may be prepared for that purpose, and herein referred to, in the strictest accordance with the provisions of the specifications, and in the best, most substantial, and'workmanlike manner, and to the satisfaction of the Engineer; and should any work not be so executed, it shall be immediately altered and amended at the cost of the Contractor. PLANS, &c. 3. A copy of the plans and drawings, with the specifications, shall be furnished to the Contractor by the Engineer, and the plans and drawings referred to in the specification, and the specification, shall be taken together to explain each other; and if, in the execution of the works, it shall be found that anything has been omitted or mis-stated either in the drawings or specification, which is necessary for the proper performance and completion of any part or parts of the works, the Contractor shall at his own cost and expense execute the same, and provide whatever may be requisite for so doing, provided the extra cost thereof shall not exceed the sum of £200 in each particular case. Any written dimensions on the drawings shall be taken in all cases in preference to measurements by the scale attached, and anything contained either in the drawings or specification shall be equally binding on the Contractor as if it were contained in both; and in case the written or figured dimensions on the drawings shall disagree with the scaling, or in case there shall be any discrepancy between the drawings and specification, or any ambiguity in them, such occurrence shall not invalidate the contract, but the same shall be rectified by the Engineer if thought requisite, and the Contractor shall not be entitled to make any claim or demand for compensation or damages on account of such discrepancy or ambiguity. If neither the drawings nor the specification contain any notice of minor parts, the intention to include which is nevertheless clearly to be inferred, and which parts are obviously necessary for the workmanlike completion and stability of the work, all such parts are to be made and executed by the Contractor without extra charge, and are to be deemed by him as included in the sum at which he contracts for the works. EXTEA WOEKS AND ALTEEATION OF WOEKS. 4. The Contractor is to make and execute, in the like manner as aforesaid, and with the like materials as aforesaid, any additions, deviations, or alterations to, from, or in the works, which the Engineer may from time to time, previously 2

GENERAL CONDITIONS FOR THE AUCKLAND AND MERCER RAILWAY.

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RAILWAY CONTRACTS,

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to the commencement or during the progress of the works, by an order in writing, require, at and for such prices or rates as shall be agreed upon in writing between the Contractor and the Minister for Public Works. In case of non-agreement as to price, the work shall be done by the Contractor as required by the Engineer, and the price thereof shall be settled by arbitration as hereinafter provided, and shall when so ascertained be added to and thenceforth deemed to be part of the contract price for the works to be executed under this contract; but no additions, deviations, or alterations whatever, which shall be claimed by the Contractor, will be admitted or recognized under any circumstances, or will be allowed or paid for, which shall be done or executed without, or contrary to any previous order from the Engineer in writing as aforesaid: Provided always that no addition, deviation, or alteration from the plans and specifications to be ordered by the Engineer as aforesaid shall involve an increased expenditure in connection with the works or any part thereof, unless distinctly authorized by writing under the hand of the Minister for Public Works, who, before authorizing any such deviation, shall obtain from the Engineer an estimate of the increased expenditure arising therefrom: Provided also that in all cases where such deviation, addition, or alteration as last aforesaid, from the plans and specifications, shall involve an outlay exceeding £500, the consent of the Governor in Council shall first be obtained. And in all cases it shall be the duty of the Contractor to satisfy himself that such addition, deviation, or alteration (if any) has been duly authorized in the manner required by " The Immigration and Public Works Act, 1870," and also, that to any such outlay as aforesaid, requiring the consent of the Governor in Council as aforesaid, such consent has been obtained, as required by the said Act. OMISSION OF POETIONS OF WOEKS. 5. To the Minister for Public Works there is reserved the right from time to time of requiring the omission of any particular portion or portions of works described in the specification or shown on the drawings, and of deducting the value thereof from the amount of the contract, such value to be agreed upon between the Minister for Public Works and the Contractor, or in case of difference to be settled by arbitration as hereinafter provided; but the Contractor shall be entitled to be paid a sum of ten per cent, on the agreed or ascertained value of the work omitted; such sums for omissions to be paid on the completion of the contract. MATEEIALS, LABOTJE, &c. 6. The Contractor shall provide, at his own costs and charges, all materials, labour, tools, plant, tackle, machinery, scaffolding, waggons, cordage, cartage, stores, planking, centres, coffer dams, diving bells, staging, diving dresses, and everything necessary for the proper execution and completion of the several works, and centres must not be struck without the written authority of the Engineer. The Contractor is also to provide, at his cost, for keeping all the trenches and foundations free from water, and for preventing all slips of ground into the trenches. All material and all prepared work brought upon the ground of the works for use therein is to be considered the property of the Queen, and the Contractor shall not take away any such material or work without the written authority of the Engineer, unless the same shall be required for the purposes of other works under this contract. The Contractor will be required to set out accurately, at his own expense, all the works comprised in this contract, agreeably to the drawings and specifications, and shall be held responsible for their being so set out and executed accordingly. EEMOVAL OF IMPEOPEE MATEEIALS. 7. It shall be lawful for the Engineer to order the removal from the works of any materials, whether fixed or not, which may appear to him to be of an inferior or improper description, and the Contractor shall remove the same within twentyfour hours after a written notice in that behalf given to him by the Engineer; and in case of neglect or refusal to remove the same according to such notice, the Engineer shall have power to remove the same at the cost of the Contractor.

AUCKLAND TO MERCER.

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CONTEACTOE TO BE EEPEESENTED. 8. The Contractor at all times during the progress of the works, when he is not personally superintending them, must have a responsible agent or overseer stationed on them, to receive instructions from the Engineer, and to represent him for all the purposes of this contract. PBOGEESS OF WOEKS. 9. If the Contractor shall, in the opinion of the Engineer, fail to make such progress with the works as the Engineer shall deem sufficient to insure their completion within the specified time, or if the Contractor shall use or employ bad or insufficient materials, or execute any work in an imperfect manner, and shall fail or neglect to rectify any such cause of complaint for fourteen days after being thereunto required in writing by the Engineer, or if the Contractor shall, in the judgment of the Engineer, commit a wilful breach of his contract, then, and in any of such cases, it shall be lawful for the Minister for Public Works, by any instrument in writing under his hand delivered to the Contractor, or to his representative on the works, or left at the Contractor's usual or last known place of abode or business, absolutely to determine this contract, and from and after the delivery of the said instrument as aforesaid, the contract shall be absolutely determined; and in the event of such determination happening, then it shall be lawful for the said Minister, after having delivered such instrument to the Contractor as aforesaid, to take the works out of the Contractor's possession, and at the option of such Minister either to carry the works on under the Engineer or by another Contractor, and that either after advertising for Contractors or without doing so, as he shall think fit; and all the materials, implements, and plant then upon or used in connection with the works may be used in and applied for the purpose of completing the works; and on the final completion of the works, if it should be found that the balance of the contract price remaining unpaid, if any, and the deposit money and percentages, together with the net proceeds realized by the sale of the then residue of such materials, implements, and plant as aforesaid, after being sold in any way that may appear to be most advisable to the Minister for Public Works, is not sufficient to meet the outlay incurred in completing the works in all respects, then the Contractor, his executors or administrators, shall be bound to pay to the Minister for Public Works the surplus expenditure above such balance, and other sums as aforesaid. But if, on the other hand, the works shall be completed within the contract price, then there shall be paid to the Contractor, or his executors, administrators, or assigns, such balance as may be due to him or them, including the deposit money and percentages or retention money, if any, but without any interest thereon ; and the Engineer shall, within fourteen days after such balance has been ascertained to be due, grant authority to the Contractor or his representatives for the removal of all surplus material, implements, and plant belonging to him or them, and remaining on the works after their completion, if not sold as before mentioned. But it is herein expressly provided that, in the event of any materials, implements, or plant being returned to the Contractor or his representatives, or being allowed to be removed by him or them as aforesaid, Her Majesty the Queen shall not be in any way liable for any loss, diminution, wear and tear, or injury, such materials, implements, or plant may have sustained during the completion of the work. CONTEACTOE NOT TO SUBLET WOEKS TO PEESONS PEEVIOUSLY OBJECTED TO— BANKRUPTCY, INSOLVENCY, OE DEATH. 13. The Contractor shall not sublet any portion of the works to any person who shall have been previously objected to by the Engineer by notice in writing to the Contractor. If the Contractor become bankrupt or insolvent, or shall make an assignment of his estate for the benefit of his creditors, or shall die before the final completion of the contract, then it shall be lawful for the Minister for Public Works, on behalf of the Queen, summarily, and of his own authority, and without any process of law for that purpose, to take possession of the works, and to take them out of the hands of the Contractor, or of his executors, or administrators, or of the assignees or trustees of his estate, and to employ persons for

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the execution and completion of the same, and that either after advertising for contractors or without doing so, as he shall think fit; and all the then remaining materials, implements, and plant aforesaid may be used in and applied for the purposes of the works; and on the final completion of the works, if it should be found that the balance of the contract price remaining unpaid, if any, and the deposit money and percentages aforesaid, together with the value of the remaining materials, implements, and plant as aforesaid, after being sold in any way that may appear to be most advisable to the Minister for Public Works, is not sufficient to meet the outlay incurred in completing the works in all respects, then the Contractor, his executors or administrators, shall be bound to pay to the Minister for Public Works the surplus expenditure above such balance, and other sums as aforesaid; and in the case of bankruptcy or insolvency, then Her Majesty the Queen shall rank as a creditor to the amount of such surplus. But if, on the other hand, the works shall be completed within the contract price, then there shall be paid to the Contractor, or his executors, administrators, or assigns, such balance as may be due to him or them, including the deposit money and percentages or retention money, if any, but without any interest thereon; and the Engineer shall, within fourteen days after such balance has been ascertained to be due, grant authority to the Contractor or his representatives for the removal of all surplus material, implements, and plant belonging to him or them, and remaining on the works after their completion, if not sold as before mentioned. But it is herein expressly provided that, in the event of any materials, implements, or plant being returned to the Contractor or his representatives, or being allowed to be removed by him or them as aforesaid, Her Majesty the Queen shall not be in any way liable for any loss, diminution, wear and tear, or injury, such materials, implements, or plant may have sustained during the completion of the work. LIABILITIES OF CONTEACTOE. 14. The exercise by the Minister for Public Works, or Engineer, of any of their respective powers shall not relieve the Contractor from any liability to which he may be subject for any breach of the contract. TIME OF COMPLETION. 15. Subject as herein provided, the Contractor shall complete the whole of the works of this contract on or before the first day of September, one thousand eight hundred and seventy-five, failing which the Minister for Public Works shall be entitled to deduct from the final balance due to the Contractor a sum calculated at the rate of Three pounds per cent, per annum on all moneys which shall have been paid to the Contractor under this contract, computed from the date on which the work ought to have been completed under this contract up to the date of the completion of the work : Provided that if the Minister for Public Works shall have taken over as completed any portion of the work, the cost of that portion shall not be included in the calculation last aforesaid. But in the event of the Contractor being prevented by earthquake, tempest, flood or otherwise by the act of God or by the act of the Queen's enemies, rebellion, restraint of princes, or otherwise by anything in the nature of vis major, or by reason of any strike amongst the workmen engaged upon the works, or by reason of any alterations, deviations, or additions, or extra works being required, or in case of any delay in furnishing any material to be supplied to the Contractor by the Governor, the Engineer shall allow such an extension of time as he shall think adequate for such enforced delay, or for such alterations, deviations, additions, or extra work; and at the expiration of the time so allowed, the deductions or sets-off for delay shall come into operation. SUSPENSION OF WOEKS. 16. The Contractor, on receiving a written notice from the Engineer, shall suspend, or stop, the whole or any portion of the works as may be directed, and the Governor on behalf of the Queen shall make good to the Contractor any loss or damage he may sustain through such suspension or stoppage, to be ascertained,

AUCKLAND TO MERCER.

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D.—No. 19.

in case of non-agreement between the Contractor and the Minister by arbitration, as hereinafter mentioned ; and the Minister for Public Works shall in no case be bound to give the Contractor possession of the ground or work until thirty clays after the signature of the contract by the 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, &c. 17. 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. TEESPASS. 18. 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 WOEKS. 19. 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, materials, &c, necessary for such maintenance for a period of 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, damage, 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. 20. The Minister for Public Works will, 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. 21. 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 3

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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. 22. If any delay shall take place in giving to the Contractor the 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 dispute, by arbitration, as hereinafter provided. POWEE TO EEQUIEE DISMISSAL OF ANY WOEKMAN. 23. 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. TEUCK SYSTEM NOT ALLOWED. 24. 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 payment 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 of any kind 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 ease shall they be paid at a public-house, or other place where liquors or refreshments are sold. PAYMENTS. 25. 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 as may be approved by the Engineer as fit and necessary for the work, as estimated by the Engineer, having due regard in such estimate to the actual value thereof, such certificates for work done, and materials and plant supplied, in each calendar month, to be delivered to the Contractor within fourteen days after the termination of such month, and the balance, less 5 per cent., together with the amount deposited as cash security, if any, in fourteen (14) days, or as nearly as may be, after the Engineer shall have certified under his hand that the works have been finally and satisfactorily completed, and that such balance, together with the cash security, is due to the Contractor. The said 5 per cent, will be retained for three months to insure the fulfilment of clause 19 of these Conditions, and from which sums may be deducted the costs of any repairs or defects, failing the Contractor executing the same : Provided always that no sum or sums of money shall be considered to be due or owing to the Contractor, nor shall the Contractor make any claim for or on account of any work executed or maintained by him, or for or on account of plant or materials supplied by him, unless such certificate as aforesaid shall have been given by the Engineer as aforesaid ; nor shall any sum or sums of money so certified be considered to be made payable to the Contractor until the expiration of fourteen days after such certificate shall have been presented to the Minister for Public Works ; nor shall any omission to pay the amount of such certificate at the time the same shall be held payable be deemed or held to be a breach of or to vitiate the contract, but in case of such omission the Contractor shall be entitled to interest on the amount certified for, at the rate of ten pounds per centum per annum, for such time as such omission shall continue. NEGLECT TO CEETIFY. 26. In case the Engineer shall neglect or refuse to certify the amount due to the Contractor in respect of the work, or plant or materials, in manner and within

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the times mentioned in the foregoing condition, and shall continue such neglect or refusal for a period of fourteen days succeeding the fourteenth day after the end of the month in which the work was done, or the plant or materials supplied, as the case may be, the Contractor shall be entitled to measure and value the same, having due regard in his estimate to the actual value thereof, and the measure and value so estimated by the Contractor shall be temporarily accepted by the Governor so far as regards the progress payment to be made to the Contractor in respect thereof under the foregoing condition, and the payment provided by that condition shall be made accordingly, with interest thereon, at the rate of Ten pounds per centum per annum, during the period of delay occasioned by the neglect or refusal of the Engineer : Provided always that in all cases in which a certificate shall, within the period or further period hereinbefore provided, as the case may be, have actually been delivered to the Contractor, such certificate shall, for the purpose of the progress payment to be made thereunder, be conclusive; and in case of any dispute between the Contractor and the Engineer as to the estimate therein made of value of work done, or plant or materials provided, as the case may be, of which dispute notice shall have been given by the Contractor to the Minister for Public Works within fourteen days after the delivery of the certificate to the Contractor, such dispute shall be referred to arbitration as hereinafter mentioned. PEOGEESS PAYMENTS WITHOUT PEEJUDICE, &c. 27. No certificate given to the Contractor for the purpose of any progress payments shall prevent the Engineer, at any future time before the termination of the contract, from rejecting all unsound materials and improper workmanship, discovered subsequently to the giving of the last previous certificate; and notwithstanding the giving of any certificate that portions or the whole of the works have been satisfactorily performed, the Engineer may require the Contractor to remove and amend, at any future time previously to the final payment on account of the construction or maintenance of the works, any work that may be found not to be performed in accordance with the contract, and the Contractor must remove and amend, at his own cost, all such work when so required, notwithstanding any approval made or given by the Assistant Engineer or Inspector. The Minister for Public Works shall have power, on the report of the Engineer that the work approved of as aforesaid is not in accordance with the contract, to deduct from any moneys that may be due or that may become due to the Contractor the whole amount that has been paid on account of such work. If, in the opinion of the Minister for Public Works, further inquiry is desirable or necessary before any certificate is paid, the Minister for Public Works shall have power to suspend the payment of all or any part of the amount mentioned in any such certificate for a period not exceeding one month from the date at which, in the ordinary course, the money would have been paid; and in such case, on payment of the amount payable, the Contractor shall be entitled to receive interest at the rate of ten pounds per centum per annum during such additional delay. STAMPS, LICENSE FEES, &c. 28. The Contractor shall bear and pay all costs, charges, and expenses of preparing, executing, and completing this contract, and all duty stamps, licenses, Building Surveyor's fees, or other charges or fees whatsoever lawfully demanded by the Municipal or other authorities. CUSTOMS AND WHAEF DUTIES, &c. 29. In the event of the Contractors being compelled to pay any Customs duties or wharf dues or fees on any goods imported into New Zealand by them for the purposes of the said works, or transhipped or carried by them from any port or place in New Zealand to any other place in New Zealand, the Queen shall and will repay the same to the Contractors after one month's notice in writing by the Contractor to the Minister demanding payment thereof and giving details of such payment, and the production of vouchers or other proof of such payment.

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12

AEBITEATION. 30. Should any dispute arise between the Contractor and the Engineer, or between the Contractor and the Minister for Public Works or the Government, relative to the force and intent and meaning of the specifications, drawings, or conditions, or to the mode of carrying on the works, or the nature or quality of materials used or supplied to be used, or workmanship of work done, or as to the maintenance of the works, or as to the expense of additional works, or of alterations or deviations from the specifications or plans, or as to any other matter connected with the execution of the works, or with the contract, specifications, drawings or conditions, or as to any matter which by this Contract it is expressly provided is to be settled, ascertained, or determined by arbitration, such dispute shall be referred in writing to the sole determination, arbitrament, and award of the Judge of the Supreme Court assigned to that Judicial District of the Supreme Court within which the works relative to which the dispute shall have arisen, have been or are to be executed, whose award shall be final, binding, and conclusive on all parties: Provided, however, that before any such dispute, as aforesaid, shall be so referred, the Contractor shall give to the Minister for Public Works one calendar month's notice in writing of such dispute, and of the matter and cause thereof, and in such notice the Contractor's claim shall be explicitly stated; and if such claim be for pecuniary compensation, the amount thereof shall also be stated. John Carrtjthers. John Brogden and Sons.

SPECIFICATION OF THE MANNER OF CONSTRUCTING THE AUCKLAND AND MERCER RAILWAY. GENEEAL DESCEIPTION. 1. The line of Railway included under the title " Auckland and Mercer Railway," and to which this Specification applies, begins at a point in the Town of Newmarket, and terminates at the wharf in the Township of Mercer, on the Waikato River, as delineated on the accompanying plans and sections; the total length of the contract being forty-one miles thirty-four chains or thereby, with an addition of two miles of sidings. DEAWINGS. 2. The drawings, including general plans and longitudinal sections, as shown on list A, accompany this Specification. These show the character of the works to be executed. Eurther drawings of details will be issued from time to time as may be necessary. The general plan is drawn to a scale of three chains to an inch, and shows the course of the Railway, the centre line of which has been staked out on the ground, and is represented on the general plan by a red line. The road and stream diversions are shown on the general plan. The longitudinal section is drawn to a horizontal scale of three chains to the inch, and to a vertical scale of thirty feet to the inch. It represents the natural profile of the ground along the centre line of the Railway. The red line shows the level of the bottom of the ballast. On the longitudinal section are shown the positions and sizes of the culverts and bridges described in this Specification. ALIGNMENT OF STEUCTUEES. 3. In the construction of bridges, culverts, road crossings, and generally, it is to be understood that they are to intersect the line of Railway at such angle or

Description.

Drawings.

.Alignment,

AUCKLAND TO MERCER.

13

D.~No. 19.

curve as may be necessary and approved in each case, although they may be shown on the drawings straight and at right angles ; and in the interpretation of the drawings and schedules, and of this Specification, it shall be distinctly understood that all works or materials necessary to the due and workmanlike completion of every erection are to be provided, whether specially described or not. CONTEACTOE TO PEOVIDE LABOUE, PLANT, AND MATEEIALS. 4. The Contractor is to provide all labour, tools, implements, plant, and materials, and is well and substantially to construct and complete the Railway in accordance with the plans and specifications, and to deliver the same complete, and is to maintain and keep the said Railway, and all works connected therewith, in perfect order and repair for the space of three months from the delivery of the same to the Government. The said Railway shall be made in accordance with this Specification, and with the plans and sections herein referred to, or with such modifications of the plans and sections as the Engineer shall order, provided such modifications shall not increase the cost of the work. FELLING, CLEAEING, AND GEUBBING. 5. The whole of the timber within one chain and a half of the centre line is to be felled. Of this extent the central chain is to be cleared by removing all logs and underbrush half a chain from the centre line, and to a greater distance where the formation requires it. Throughout all cuttings and along formations on the level, all stumps and roots are to be grubbed out entirely and removed, so as to leave no loose timber whatever, and no stumps within two feet of formation level along centre or within one foot of the surface in the slopes. The Contractor will be permitted to apply to his own use the timber which he has felled for the purpose of clearing the line. FENCING. 6. Ten miles of the line are to be fenced on both sides; and wherever present fences are disturbed or interfered with, they are to be made good at the expense of the Contractor. At all crossings of roads, and other places where cattle stops are used, fences are to be completed across the line up to the cattle stops. The description of fencing used shall be that described in special fencing specification, as Qualities Nos. 2 or 3, at the option of the Contractor. EAETHWOEKS. 7. All flax, scrub, rushes, or Maori-heads growing on the line of the Railway, shall be cut down to the full width between the outside of the slopes. No public or private road that crosses or intersects the Railway or works thereof, shall be obstructed by excavation or otherwise, until the Contractors shall have provided such temporary roads as may be necessary for the traffic. The cuttings are to have a base at formation level of 10 feet in rock, 11 feet in loose rock, and 13 feet elsewhere, and are to be made in accordance with plan and section attached; but should the Engineer require any of the cuttings or banks to be made with different slopes from those shown on Drawing No. 34, the difference in cost shall be added to or deducted from the contract sum. Such alteration to be ordered in writing. A drain is to be cut along the bottom of slopes of cuttings, except in rock; this drain to average 5 cubic feet per lineal yard. Catchwater drains are to be dug above the top of one slope of cuttings, at a distance of from a quarter of a chain to a chain from the top of slopes; these ditches are to average 5 cubic feet per lineal yard, and are to be true and regular to the inclinations directed; no stumps or roots to be left in them. The embankments must be carried forward uniformly of the proper shape, with such an addition to the heights and widths as a due allowance for the shrinking of the material requires, so as to avoid as far as practicable the necessity 4

Contractor to provide labour, &c.

Felling, &c.

Fencing.

Clearing scrub, &c.

Boads not to be obstructed.

Cuttings.

Drains.

Embankments.

J).— No. 19.

for making subsequent additions either to the heights or widths of the embankments, to bring them to the correct levels and dimensions. Whenever the foundation of an embankment is on sloping ground, the Contractor, if required, must at his own expense cut steps and benches under the base of the embankment. The top of embankment at formation level is to be 10 feet wide; the slopes to be trimmed off to an inclination of one and a half horizontal to one vertical, and to be maintained full and true until the completion of the contract. The Contractors shall, unless otherwise directed by the Engineer, • take care not in any way to interfere with or divert the existing drainage areas, and shall leave such stops or stanks in the side cuttings, and take such other precautions, as the Engineer shall think necessary for that purpose. Behind and around culverts and abutments of bridges, the embankments shall be wheeled in and carefully rammed. DITCHES AND DEAINS. 8. When the line crosses swamps of a peaty nature, catchwater drains are to be cut on the upper side of the line obliquely across the valleys, so as to tap the surface water. These ditches shall not exceed, on an average, one and one-third cubic yard per lineal yard, and are to be made at the commencement of the work, and cleaned out from time to time as may be ordered. STEEAM DIVERSIONS. 9. All stream diversions are to be grubbed out as described for cuttings, and excavated with regular slopes and inclinations, as will be set out. The amount of earth cutting in stream diversions is not, however, to exceed 20,000 cubic yards, and the rock excavation is not to exceed 5,000 cubic yards. EOAD ALTEEATIONS. 10. At the places shown on the plan and section, and wherever necessary, the present roads are to be diverted. All such diversions and road approaches to the level crossings are to be completed in a convenient, substantial, and proper manner, with the necessary drains, water tables, and side slopes. Such approaches and road diversions are to be formed with an inclination not steeper than 1 in 30 for public roads, and 1 in 20 for private roads, except where the present inclination exceeds these rates, in which case the inclination of the new road shall not exceed that of the present road, unless, in the opinion of the Engineer, a steeper is unavoidable. Public roads and approaches to first-class crossings are to be metalled with coarse river gravel or approved hard stone, laid on and spread as directed, so as to average 22 cubic yards per lineal chain of road. Private roads are to be metalled with coarse river gravel or broken stone of approved quality, laid on and spread as directed, so as to average 9 cubic yards per lineal chain. The whole of the metal is to be broken to pass through a two and a half inch ring. Where Clarkson's Road requires to be diverted, a new bridge will be required for the road, similar in plan and materials to the existing bridge. Twenty-two first-class, five second-class, and five third-class crossings, with two cattle-stops to each crossing, as per Drawing No. 30, shall be constructed at public and private roads where directed. They shall be carefuly placed as to line and level, and finished in strict conformity with the drawing and the notes thereon. Each level crossing shall be metalled for a length of 66 feet on each side of the centre line, as above specified for the roads, and tile or timber box drains shall be put in the formation ditches where necessary for the drainage of the line or road. Eorty pairs of malleable iron tubular or other approved gates, 12 feet wide, hung to strong posts, and furnished with bolts and padlocks, shall be provided and hung at private crossings where directed. Cattle stops, as shown in Drawing No. 30, are to be put in where directed, not exceeding forty in number, besides those at level crossings.

Punning.

Ditehei and drains,

Stream diversions.

Hoad alterations.

Metalling.

Clarkson's Road Bridge.

Level crossings.

Gates,

Cattle stops.

14

RAILWAY CONTRACTS,

D.—No. 19.

MATEEIALS. 11. Except where otherwise specified, all the materials used under this contract shall be of the following kinds and descriptions : — Concrete shall be composed of three parts, by measure, of broken stone, two parts of sharp sand, and one part of fresh Portland cement; or, two parts of broken stone, two parts of gravel, and one part of sand, and one part of fresh Portland cement. The stone may consist of scoria, volcanic rock, or hard sandstone, broken to 2^ inch gauge. The cement shall be of approved brands, and subject to such tests as the Engineer may from time to time direct. The concrete shall be laid in 12-inch layers, and well rammed as the work progresses. Cement mortar shall consist of three parts, by measurement, of sharp clean sand, to one part of Portland cement. Lime mortar shall consist of two parts of sharp clean sand, to one part of lime, mixed and prepared as may be directed. Bricks shall be of the best quality of hard-burned kiln bricks, and approved by the Engineer. All masonry, except archwork, coping, and string courses, to be of rubble laid in cement mortar. Bond stones, 2 feet long, to be put in every square yard of both face and back of work. All spalls are to be set in mortar, and not laid dry, and afterwards grouted. Eacework must have no stone containing less than one-quarter of a cubic foot. The work shall be grouted every foot in height; archwork shall be of brick, set in cement mortar; but Avhere flat-bedded stone exists, approved by the Engineer, the Contractor may use it for arches, but ho must in that case increase the thickness of the arches 25 per cent, beyond that shown on drawings. All wingwalls, parapets, and abutments shall be finished with a coping of brick on edge, one brick wide, set in cement. The coping is not generally shown on drawings. The whole of the masonry is to be neatly pointed. A layer of puddle, nine inches thick, to be put over the arches of culverts. All timber shall be of kauri or totara, or other timber specially approved; it shall be heart-wood, except as shown on Drawing No. 36, and shall be straight and sound, free from shakes, large knots, and other imperfections. The whole of the straps and bolts shall be made of 8.8. crown iron, or other iron of equal quality, of the dimensions shown; the whole to be finished and fixed in a workmanlike manner. Bolts shown or specified shall have a square head, of which the thickness shall be equal to the diameter of the bolt, and the width twice the diameter of the bolt. They are to be tapped with a good clean thread, and shall have a nut equal in size to the head of the bolt, and shall be provided with one or more washers 3 inches diameter. BEIDGES AND TIMBEE OPENINGS. 12. Bridges, as per detail drawings, shall be erected where shown on longitudinal section. All joints, shoulders, and sides of tenons and scarfs to be worked perfectly true, and to fit accurately, and to be covered with red lead before being put together. Tenons generally to be 5 inches long, and to be draw-bored to receive trenails of hard wood made with hollow auger or trenailing machine. All trenails to be w rell seasoned and kept dry, and to be one-sixteenth of an inch more in diameter than the hole bored for them, and to be covered with red lead before being driven. All capsills and mudsills to be mortised on to posts or piles. All string pieces to be accurately notched down to capsills or floor beams by notching f inch from each, to be scribed and accurately fitted. Diagonal braces, where placed inside the panel, are to be notched together as described for string pieces. All piles are to be rung before driving with a three inch by f inch round hoop. The piles are to be shod with a substantial iron shoe weighing not less than 30 lbs., securely fixed; the point of the pile to be cut true, and to be squared off at the end to 3 inches square, and to have true bearing against the shoe. No pile-driving is to be commenced at any bridge, opening, or other w Tork without giving six days' notice previously to the Engineer in charge of the works.

Concrete.

Cement mortar.

Lime mortar.

Brick work.

Masonry.

Puddle. Timber.

Malleable iron.

Bolts and nuts.

Bridges, &c

Joints.

Tiling.

15

AUCKLAND TO MERCER.

D.—No. 19.

RAILWAY CONTRACTS,

16

The Contractor shall provide all proper rods and gauges for setting out and testing the dimensions of bridges and timber openings that the Engineer may require. CULVEETS AND DEAINS. 13. Timber culverts shall be erected where shown on longitudinal section. The frames shall be accurately mortised, and tenoned, and pinned ; the planking to be securely spiked on to the frames, the whole of the timber to be heart of totara or matai; the outer side of the planking need not be reduced to the dimensions given, but there must in every case be the full thickness specified of heart timber; the edges of the planking must fit truly for the whole thickness, and the planks must extend over at least two panels, and break joints as much as possible. Masonry culverts shall be erected where shown on longitudinal section. They shall be of rubble masonry, set in cement mortar, with coping of brick on edge. Sufficient catchwater and outfall drains are to be dug at culverts, and all stumps and roots occurring in the line of ditch to be taken out. BALLASTING AND PEEMANENT WAY. 14. The ballast is to consist of shingle, scoria, broken stones, or sand previously approved of, and is to be disposed as shown in Drawing No. 34. In all cases the embankments and cuttings are to be cleared from mud, and brought to an uniform formation level before the ballast is laid on. The permanent way is to consist of a single line of rails laid to a gauge of 3 feet 6 inches, and sidings provided and laid where directed, amounting in all to three miles of sidings. The Contractor is to provide and have upon the ground at all points when the work is proceeding a sufficient supply of all such templates, tools, gauges, and other implements as are necessary and are usually required in the laying of permanent way, or as may be required by the Engineer. About three thirty-seconds of an inch of space is to be left between the ends of the rails when fixed in place, or such other space as the Engineer may direct, according to the season. Eor the curves, the rails will require bending. This, as well as the straightening of all bent rails, must be effected by a press, or by striking with wooden hand-beetles on wooden blocks. In all cases, whether of' straightening of bent rails or of bending rails to the necessary curves, the rails must be set permanently to the form required before being laid, and no temporary bending, springing, or straightening, either by dragging with a lever and hook, or by any other means of a like character, will on any account be permitted. Great care must be taken to lay all the sleepers square to the rails on straights, and as near as may be on curves. Where the line is straight, the rails will be level across the line; but where the line is curved, the rails will be canted, the difference of level between the two rails being such as the Engineer shall order. When suitable material for ballast is not found immediately on the line, the sleepers may be laid on formation, being carefully tamped with dry earth. The Contractor will be permitted to run ballast and material trains over the line thus laid at a speed not exceeding ten miles an hour, but the ballasting and lifting must be proceeded with with all possible despatch. The changes of gradients shall be made by a gradual curve. There are to be 2,050 sleepers per mile, to be spaced as directed. The following timbers to be used to the extent of not less than 75 per cent, of the whole :—Totara, jarrah, Oregon pine, kauri, or puriri. The remaining 25 per cent. may be of matai {Foclocarpus spicata) or birch (Fagus fusca or Solanclri). They shall be 7 feet long, and 7 inches by 5 inches, all of heart. They are to be flatted top and bottom, true and out of wind; but any extra width beyond 7 inches need not be removed. The rail seats are to be accurately adzed to a correct bevel. The rails will weigh 40 lbs. to the yard; they will be jointed with Ibbotson's patent steel clip-joint, weighing about 12 lbs. each joint, and fastened to the sleepers by six fang-bolts to each rail, and two spikes to each sleeper, where fang-

Contractor to supply rods and gauges.

Timber culverts.

Masonry culverts.

Drains at culverts.

Ballast.

Permanent way.

Gauges.

Laying of permanent way.

Bending rails.

Laying sleepers.

Sleepers.

Rails and fastenings.

D.—No. 19

bolts are not used. The rails and fastenings will be delivered to the Contractor at the ship's side, at Auckland, and he shall be responsible for all materials delivered to him. . USE OF PEEMANENT WAY MATEEIALS BY CONTEACTOE 15. Permanent way materials shall not be laid down or employed, without Use of permanent the permission of the Engineer, within 100 yards of the face of any excavation contractor'* 1" or the end of any embankment, nor used for hauling earthwork before the ballast is laid. When the Contractor shall have complied with the above requirements, he may use the rails and other permanent way materials for the purpose of hauling earthwork or materials on parts of the line. SIDINGS. 16. The Contractor shall construct at his own cost, at such points as may be sidings. indicated by the Engineer, two miles of sidings, including ten thousand cubic yards of earthwork and the necessary ballast, sleepers, and laying of permanent way, similar to that of the main line, without the points and crossings. He shall also make and construct, wherever required, such station-grounds, buildings, points, crossings, extra sidings, telegraph and other things required for station accommodation, and shall furnish the Engineer monthly with a detailed statement showing their actual cost, exclusive of all cost of management, properly supported by vouchers or as otherwise directed, and to this cost a sum equal to ten pounds per centum shall be added for Contractor's profits, and this amount shall be in addition to the contract sum. TELEGEAPH. 17. A single wire telegraph will be constructed and paid for as for station Telegraph, accommodation, and the use of it allowed to the Contractor during construction of the works. During the period of maintenance the Government will transmit, free of charge, all messages sent by the Contractor on the business of the Railway. EOLLING STOCK. 18. The Contractors shall take delivery from the ship's side at Auckland of the articles of rolling stock enumerated below, and shall land, erect, and place the same on the line in working order, and bear all cost of the same. LIST OF KOLLISG STOCK. 3 locomotives. 11 carriages and brake-vans. 66 waggons. 3 weigh-bridges, landing only. n USE OF EOLLING STOCK. 19. The Government will furnish the Contractor with such locomotives and rolling stock as they may have on the line, the Contractor to pay the wages of the engine-drivers and stokers, who must be approved by the Engineer, and to furnish fuel, water, oil, grease, waste, &c, at his own expense. The Contractor shall also return such rolling stock as may be lent to him in as good order as when received by him—reasonable tear and wear excepted. In the event of the Government being unable to supply locomotives and rolling stock when needed by the Contractor, an extension of time will be granted for the completion of the contract; such extension, of time to be fixed by the Engineer. 5

17

AUCKLAND TO MERCER.

D.—No. 19

18

RAILWAY CONTRACTS

The under-mentioned drawings are attached to and form part of this Specification, viz.:— 1. Bridge at Ann's Creek. 19. Bridge at 38 M. 72 chs. la.- „ „ Canal Creek. 20. „ „ 33 M. 78 chs. 2. „ „ Craig's Creek. 21. „ „ 84 M. 7 chs. 3. „ „ 14 M. 13 chs. 0 „ ( „ ~ 84 M. 39 chs., and •1. „ „ 18 M. 19 chs. **■ X „ 39 M. 18 chs. Design suits 5. „ „ 18 M. 34 chs. both Bridges. 6. „ „ 18 M. 37 chs. 23. „ ~ 38 M. 3 chs. 7. „ „ 19 M. 15 chs, 24. „ „ 38 M. 43 chs. S. „ „ 19 M. 27 chs. 9r C„ ~ 39 M. 9 chs., and 9. „ „ 20 M. 25 chs. -J°- I „ „39M. 34 chs. 10. „ „ 20 M. 31 chs. 28. ~ „ Maungatawhiri Creek. 11. „ „ 20 M. 74 chs. 27. ~ „ 41 M. 1 eh. 12. „ „ 23 M. 47 chs. 28. Wood Culverts. 13. „ „ 24 M. 1 eh. ' 29. Stone Culverts. 14. „ „ 26 M. 16 chs. 30. Level Crossings and Cattle Guards. 15. ~ ~ 27 M. 57 chs. 31. General Plan and Section, consisting 16. „ „ 30 M. 14 chs. of 32 Sheets, numbered Ito 32. •f. ( „ „ 30 M. 5S chs., and 34. Cross-section of Eoadway. 1., „ 31 M. 17 chs. 35. Cross-sections of Ground Surface, 27 17a. '„ „ 32 M. 54 chs. sheets. 18. „ „ 33 M. 51 chs. BEIDGE EEPAIES. The repairs of bridges from the beginning of the contract to 4 miles 67 chains shall be paid for extra, in the manner provided for station accommodation. John Carruthers. John Brogden and Sons.

GENERAL FENCING SPECIFICATION. The Eencing to be used shall be of three kinds, to be known as Qualities Nos. 1, 2, and 3. Quality No. 1. —Quality No. 1 shall consist of a sod wall, 3 feet 3 inches broad at base, 1 foot 3 inches broad at top, and 4 feet 6 inches high. It shall be carefully built in uniform layers from 8 to 10- inches thick, and bonded together. A ditch at least 2 feet 6 inches wide, and 1 foot 6 inches deep, shall be dug on each side, and carried through the wall where necessary for the drainage of the line or adjoining land. The wall is to be carried over such ditches on sound totara timber 3 inches thick. Quality No. 2.- —Quality No. 2 shall consist of post, ditch, mound, three wires, and top rail. Quality No. 3. —Quality No. 3 shall consist of post, five wires, and top rail. ; The timber used in Qualities Nos. 2 and 3 shall be totara, matai, kauri, or manuka, or other specially approved timber. The posts to be of split timber, cut square at ends, mortised for rails, and well rammed when in their places. A straining post, 9 feet long, 6 inches in diameter, and well stayed, shall be put in at intervals of not more than 5 chains, and at each crossing of existing fences. The top rails shall also be of split timber, scarfed at ends, neatly fitted into mortise holes cut in the posts, and securely fixed with w redges. The wires shall consist of the best black annealed wire, of No. 5 Birmingham gauge, and shall be fastened to outside of posts with suitable staples. The mound, in fencing Quality No. 2, shall be of tough firm sods, as specified for sod wall. It shall be 3 feet wide at base, 2 feet wide at ton, and 1 foot 6 inches high. Existing fences crossed and cut down, shall be connected with the railway fences, and left in a condition at least equal to that in. which they were found. The Contractor shall provide temporary slip-rails or panels in the permanent fencing where required for the accommodation of occupiers, and will give every other facility of access to their lands across the line until the permanent crossings and roads are constructed. John Carruthers. John Brogden and Sons.

D.—No. 19.

Articles oe Agreement 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, Railway Contractors (hereinafter referred to as " the Contractors "), of the other part: Whereas 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 the Port of Napier, in the Province of Hawke's Bay, to Paid Paid, in the said Province (which said R-ailway is hereinafter referxed 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 respectively, 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, wdiether 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

NAPIER TO PAKI PAKI RAILWAY.

D.—No. 19

20

RAILWAY CONTRACTS.

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 fifty-one thousand six hundred and sixty-seven 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 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). 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. Lastly. The parties hereto shall and will each respectively perform, observe, and fulfil all and singular the conditions and stipulations expressed or contained in the said General Conditions and Specifications, and which thereby it is provided shall be performed, observed, or fulfilled by such parties respectively. In wdtncss whereof the Seal of the Colony has hereunto been affixed, and the said Contractors have hereunto set their hands and seals, the day and year first above written. Sealed with the Seal of the Colony, "\ and signed by the Governor, in / G. F. Bowen, the presence of > Governor. William Eox. I J. D. Ormond. J Alexander Brogden, Signed, sealed, and delivered by the By his Attorney, James Brogden. above-named Alexander Brogden, (Seal.) Henry Brogden, and James I Henry Brogden, Brogden, in the presence of By his Attorney, James Brogden. Wm Thos. Locke Travers, (Seal.) Solicitor, Wellington. James Brogden. (Seal.) (Seal of the Colony.) Approved in Council, August 10th, 1872. Eorster Goring, Clerk of the Executive Council.

D.—No. 19

INTEEPEETATION CLAUSE. 1. In these conditions the words " Minister for Public Works " shall mean, the Minister for Public Works appointed under " The Immigration and Public Works Act, 1870," or any Minister or person for the time being authorized by the Governor to act for such Minister in respect of the special work contracted for; the word " Engineer " shall mean the Engineer for the time being who shall have principal charge of the works on behalf of the Government; and the w rord "Contractor" shall mean "Contractors" when two or more persons tender or contract jointly for the work; and the word "month" shall mean "calendar month." WOEKS, &c, TO BE ACCOEDING TO DEAWINGS AND SPECIFICATIONS, AND TO THE SATISFACTION OE THE ENGINEER 2. All the materials used are to be the best of their respective Mads, and all works of every description throughout are, subject to the provisions hereinafter contained, to be executed conformably to the several drawings and details prepared or that may be prepared for that purpose, and herein referred to, in the strictest accordance with the provisions of the specifications, and in the best, most substantial, and'workmanlike manner, and to the satisfaction of the Engineer; and should any work not be so executed, it shall be immediately altered and amended at the cost of the Contractor. PLANS, &c. 3. A copy of the plans and drawings, with the specifications, shall be furnished to the Contractor by the Engineer, and the plans and drawings referred to in the specification, and the specification, shall be taken together to explain each other; and if, in the execution of the works, it shall be found that anything has been omitted or mis-stated either in the drawings or specification, which is necessary for the proper performance and completion of any part or parts of the works, the Contractor shall at his own cost and expense execute the same, and provide whatever may be requisite for so doing, provided the extra cost thereof shall not exceed the sum of £200 in each particular case. Any written dimensions on the drawings shall be taken in all cases in preference to measurements by the scale attached, and anything contained either in the drawings or specification shall be equally binding on the Contractor as if it were contained in both; and in case the written or figured dimensions on the drawings shall disagree with the scaling, or in case there shall be any discrepancy between the drawings and specification, or any ambiguity in them, such occurrence shall not invalidate the contract, but the same shall be rectified by the Engineer if thought requisite, and the Contractor shall not be entitled to make any claim or demand for compensation or damages on account of such discrepancy or ambiguity. If neither the drawings nor the specification contain any notice of minor parts, the intention to include which is nevertheless clearly to be inferred, and which parts are obviously necessary for the workmanlike completion and stability of the work, all such parts arc to be made and executed by the Contractor without extra charge, and are to be deemed by him as included in the sum at which he contracts for the works. EXTRA WOEKS AND ALTERATION OF WORKS. 4. The Contractor is to make and execute, in the like manner as aforesaid, and with the like materials as aforesaid, any additions, deviations, or alterations to, from, or in the works, which the Engineer may from time to time, previously 7

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to the commencement or during the progress of the works, by an order in writing, require, at and for such prices or rates as shall be agreed upon in writing between the Contractor and the Minister for Public Works. In case of non-agreement as to price, the work shall be done by the Contractor as required by the Engineer, and the price thereof shall be settled by arbitration as hereinafter provided, and shall when so ascertained be added to and thenceforth deemed to be part of the contract price for the works to be executed under this contract; but no additions, deviations, or alterations whatever, which shall be claimed by the Contractor, will be admitted or recognized under any circumstances, or will be allowed or paid for, which shall be done or executed without, or contrary to any previous order from the Engineer in writing as aforesaid: Provided always that no addition, deviation, or alteration from the plans and specifications to be ordered by the Engineer as aforesaid shall involve an increased expenditure in connection with the works or any part thereof, unless distinctly authorized by writing under the hand of the Minister for Public Works, who, before authorizing any such deviation, shall obtain from the Engineer an estimate of the increased expenditure arising therefrom : Provided also that in all cases where such deviation, addition, or alteration as last aforesaid, from the plans and specifications, shall involve an outlay exceeding £500, the consent of the Governor in Council shall first be obtained. And in all cases it shall be the duty of the Contractor to satisfy himself that such addition, deviation, or alteration (if any) has been duly authorized in the manner required by " The Immigration and Public Works Act, 1870," and also, that to any such outlay as aforesaid, requiring the consent of the Governor in Council as aforesaid, such consent has been obtained, as required by the said Act. OMISSION OE POETIONS OF WOEKS. 5. To the Minister for Public Works there is reserved the right from time to time of requiring the omission of any particular portion or portions of works described in the specification or showm on the drawings, and of deducting the value thereof from the amount of the contract, such value to be agreed upon between the Minister for Public Works and the Contractor, or in case of difference to be settled by arbitration as hereinafter provided; but the Contractor shall be entitled to be paid a sum of ten per cent, on the agreed or ascertained value of the work omitted; such sums for omissions to be paid on the completion of the contract. MATERIALS, LABOUR, &c. 6. The Contractor shall provide, at his own costs and charges, all materials, labour, tools, plant, tackle, machinery, scaffolding, waggons, cordage, cartage, stores, planking, centres, coffer dams, diving bells, staging, diving dresses, and everything necessary for the proper execution and completion of the several works, and centres must not be struck without the written authority of the Engineer. The Contractor is also to provide, at his cost, for keeping all the trenches and foundations free from w rater, and for preventing all slips of ground into the trenches. All material and all prepared work brought upon the ground of the works for use therein is to be considered the property of the Queen, and the Contractor shall not take away any such material or Avork without the written authority of the Engineer, unless the same shall be required for the purposes of other works under this contract. The Contractor will be required to set out accurately, at his own expense, all the works comprised in this contract, agreeably to the drawings and specifications, and shall be held responsible for their being so set out and executed accordingly. REMOVAL OF IMPEOPEE MATEEIALS. 7. It shall be lawful for the Engineer to order the removal from the works of any materials, whether fixed or not, which may appear to him to be of an inferior or improper description, and the Contractor shall remove the same within twentyfour hours after a written notice in that behalf given to him by the Engineer; and in case of neglect or refusal to remove the same according to such notice, the Engineer shall have power to remove the same at the cost of the Contractor.

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D.—No. 19.

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CONTRACTOR TO BE EEPEESENTED. 8. The Contractor at all times during the progress of the works, when he is not personally superintending them, must have a responsible agent or overseer stationed on them, to receive instructions from the Engineer, and to represent him for all the purposes of this contract. PROGEESS OF WOEKS. 9. If the Contractor shall, in the opinion of the Engineer, fail to make such progress with the Avorks as the Engineer shall deem sufficient to insure their completion within the specified time, or if the Contractor shall use or employ bad or insufficient materials, or execute any work in an imperfect manner, and shall fail or neglect to rectify any such cause of complaint for fourteen days after being thereunto required in writing by the Engineer, or if the Contractor shall, in the judgment of the Engineer, commit a wilful breach of his contract, then, and in any of such cases, it shall be lawful for the Minister for Public Works, by any instrument in writing under his hand delivered to the Contractor, or to his representative on the works, or left at the Contractor's usual or last known place of abode or business, absolutely to determine this contract, and from and after the delivery of the said instrument as aforesaid, the contract shall be absolutely determined; and in the event of such determination happening, then it shall be lawful for the said Minister, after having delivered such instrument to the Contractor as aforesaid, to take the works out of the Contractor's possession, and at the option of such Minister either to carry the works on under the Engineer or by another Contractor, and that either after advertising for Contractors or without doing so, as ho shall think fit; and all the materials, implements, and plant then upon or used in connection with the works may be used in and applied for the purpose of completing the works; and on the final completion of the works, if it should be found that the balance of the contract price remaining unpaid, if any, and the deposit money and percentages, together with the net proceeds realized by the sale of the then residue of such materials, implements, and plant as aforesaid, after being sold in any way that may appear to be most advisable to the Minister for Public Works, is not sufficient to meet the outlay incurred in completing the works in all respects, then the Contractor, his executors or administrators, shall be bound to pay to the Minister for Public Works the surplus expenditure above such balance, and other sums as aforesaid. But if, on the other hand, the works shall be completed within the contract price, then there shall be paid to the Contractor, or his executors, administrators, or assigns, such balance as may be due to him or them, including the deposit money and percentages or retention money, if any, but without any interest thereon ; and the Engineer shall, within fourteen days after such balance has been ascertained to be due, grant authority to the Contractor or his representatives for the removal of all surplus material, implements, and plant belonging to him or them, and remaining on the works after their completion, if not sold as before mentioned. But it is herein expressly provided that, in the event of any materials, implements, or plant being returned to the Contractor or his representatives, or being allowed to be removed by him or them as aforesaid, Her Majesty the Queen shall not be in any w ray liable for any loss, diminution, wear and tear, or injury, such materials, implements, or plant may have sustained during the completion of the work. CONTEACTOE NOT TO SUBLET WOEKS TO PERSONS PREVIOUSLY OBJECTED TO— BANKRUPTCY, INSOLVENCY, OR DEATH. 13. The Contractor shall not sublet any portion of the works to any person who shall have been previously objected to by the Engineer by notice in writing to the Contractor. If the Contractor become bankrupt or insolvent, or shall make an assignment of his estate for the benefit of his creditors, or shall die before the final completion of the contract, then it shall be lawful for the Minister for Public Works, on behalf of the Queen, summarily, and of his own authority, and without any process of law for that purpose, to take possession of the works, and to take them out of the hands of the Contractor, or of his executors, or administrators, or of the assignees or trustees of his estate, and to employ persons for

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the execution and completion of the same, and that either after advertising for contractors or without doing so, as he shall think fit; and all the then remaining materials, implements, and plant aforesaid may be used in and applied for the purposes of the works ; and on the final completion of the works, if it should be found that the balance of the contract price remaining unpaid, if any, and the deposit money and percentages aforesaid, together with the value of the remaining materials, implements, and plant as aforesaid, after being sold in any way that may appear to be most advisable to the Minister for Public Works, is not sufficient to meet the outlay incurred in completing the works in all respects, then the Contractor, his executors or administrators, shall be bound to pay to the Minister for Public Works the surplus expenditure above such balance, and other sums as aforesaid; and in the case of bankruptcy or insolvency, then Her Majesty the Queen shall rank as a creditor to the amount of such surplus. But if, on the other hand, the works shall be completed within the contract price, then there shall be paid to the Contractor, or his executors, administrators, or assigns, such balance as may be due to him or them, including the deposit money and percentages or retention money, if any, but without any interest thereon; and the Engineer shall, within fourteen days after such balance has been ascertained to be due, grant authority to the Contractor or his representatives for the removal of all surplus material, implements, and plant belonging to him or them, and remaining on the works after their completion, if not sold as before mentioned. But it is herein expressly provided that, in the event of any materials, implements, or plant being returned to the Contractor or his representatives, or being allowed to be removed by him or them as aforesaid, Her Majesty the Queen shall not be in any way liable for any loss, diminution, wear and tear, or injury, such materials, implements, or plant may have sustained during the completion of the work. LIABILITIES OF CONTEACTOE. 14. The exercise by the Minister for Public Works, or Engineer, of any of their respective powers shall not relieve the Contractor from any liability to which he may be subject for any breach of the contract. TIME OF COMPLETION. 15. Subject as herein provided, the Contractor shall complete the whole of the works of this contract on or before the first day of December, one thousand eight hundred and seventy-three, failing which the Minister for Public Works shall be entitled to deduct from the final balance due to the Contractor a sum calculated at the rate of Three pounds per cent, per annum on all moneys which shall have been paid to the Contractor under this contract, computed from the date on wdiich the work ought to have been completed under this contract up to the date of the completion of the work : Provided that if the Minister for Public Works shall have taken over as completed any portion of the work, the cost of that portion shall not be included in the calculation last aforesaid. But in the event of the Contractor being prevented by earthquake, tempest, flood or otherwise by the act of God or by the act of the Queen's enemies, rebellion, restraint of princes, or otherwise by anything in the nature of vis major, or by reason of any strike amongst the workmen engaged upon the works, or by reason of any alterations, deviations, or additions, or extra works being required, or in case of any delay in furnishing any material to be supplied to the Contractor by the Governor, the Engineer shall allow such an extension of time as he shall think adequate for such enforced delay, or for such alterations, deviations, additions, or extra w rork ; and at the expiration of the time so allowed, the deductions or sets-off for delay shall come into operation. SUSPENSION OF WOEKS. 16. The Contractor, on receiving a written notice from the Engineer, shall suspend, or stop, the whole or any portion of the works as may be directed, and the Governor on behalf of the Queen shall make good to the Contractor any loss or damage he may sustain through such suspension or stoppage, to be ascertained,

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D.—No. 19.

in case of non-agreement between the Contractor and the Minister by arbitration, as hereinafter mentioned ; and the Minister for Public Works shall in no case be bound to give the Contractor possession of the ground or work until thirty days after the signature of the contract by the 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, &c. 17. 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, w rhen the Contractor will not be held responsible, and, in case of dispute, the matter shall be settled by arbitration, as hereinafter provided. TEESPASS. 18. 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 WOEKS. 19. 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, materials, &c, necessary for such maintenance for a period of 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, damage, 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. 20. The Minister for Public Works will, 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. 21. 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 8 *

D.—No. 19.

RAILWAY CONTRACTS,

26

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. 22. If any delay shall take place in giving to the Contractor the 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 dispute, by arbitration, as hereinafter provided. POWEE TO EEQUIEE DISMISSAL OF ANY WOEKMAN. 23. 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. TEUCK SYSTEM NOT ALLOWED. 24. 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 payment 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 of any kind 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 public-house, or other place where liquors or refreshments are sold. PAYMENTS. 25. 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 as may be approved by the Engineer as fit and necessary for the work, as estimated by the Engineer, having due regard in such estimate to the actual value thereof, such certificates for work done, and materials and plant supplied, in each calendar month, to be delivered to the Contractor within fourteen days after the termination of such month, and the balance, less 5 per cent., together with the amount deposited as cash security, if any, in fourteen (14) days, or as nearly as may be, after the Engineer shall have certified under his hand that the works have been finally and satisfactorily completed, and that such balance, together with the cash security, is due to the Contractor. The said 5 per cent, will be retained for three months to insure the fulfilment of clause 19 of these Conditions, and from which sums may be deducted the costs of any repairs or defects, failing the Contractor executing the same : Provided always that no sum or sums of money shall be considered to be due or owing to the Contractor, nor shall the Contractor make any claim for or on account of any work executed or maintained by him, or for or on account of plant or materials supplied by him, unless such certificate as aforesaid shall have been given by the Engineer as aforesaid ; nor shall any sum or sums of money so certified be considered to be made payable to the Contractor until the expiration of fourteen days after such certificate shall have been presented to the Minister for Public Works ; nor shall any omission to pay the amount of such certificate at the time the same shall be held payable be deemed or held to be a breach of or to vitiate the contract, but in case of such omission the Contractor shall be entitled to interest on the amount certified for, at the rate of ten pounds per centum per annum, for such time as such omission shall continue. NEGLECT TO CEETIFY. 26. In case the Engineer shall neglect or refuse to certify the amount due to the Contractor in respect of the work, or plant or materials, in manner and within

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D.-No. 19.

the times mentioned in the foregoing condition, and shall continue such neglect or refusal for a period of fourteen days succeeding the fourteenth day after the end of the month in which the work was done, or the plant or materials supplied, as the case may be, the Contractor shall be entitled to measure and value the same, having due regard in his estimate to the actual value thereof, and the measure and value so estimated by the Contractor shall be temporarily accepted by the Governor so far as regards the progress payment to be made to the Contractor in respect thereof under the foregoing condition, and the payment provided by that condition shall be made accordingly, with interest thereon, at the rate of Ten pounds per centum per annum, during the period of delay occasioned by the neglect or refusal of the Engineer : Provided always that in all cases in which a certificate shall, within the period or further period hereinbefore provided, as the case may be, have actually been delivered to the Contractor, such certificate shall, for the purpose of the progress payment to be made thereunder, be conclusive; and in case of any dispute between the Contractor and the Engineer as to the estimate therein made of value of work done, or plant or materials provided, as the case may be, of which dispute notice shall have been given by the Contractor to the Minister for Public Works within fourteen days after the delivery of the certificate to the Contractor, such dispute shall be referred to arbitration as hereinafter mentioned. PEOGEESS PAYMENTS WITHOUT PEEJUDICE, &o. 27. No certificate given to the Contractor for the purpose of any progress payments shall prevent the Engineer, at any future time before the termination of the contract, from rejecting all unsound materials and improper workmanship, discovered subsequently to the giving of the last previous certificate; and notwithstanding the giving of any certificate that portions or the wdiole of the works have been satisfactorily performed, the Engineer may require the Contractor to remove and amend, at any future time previously to the final payment on account of the construction or maintenance of the works, any work that may be found not to be performed in accordance with the contract, and the Contractor must remove and amend, at his own cost, all such work when so required, notwithstanding any approval made or given by the Assistant Engineer or Inspector. The Minister for Public Works shall have power, on the report of the Engineer that the work approved of as aforesaid is not in accordance with the contract, to deduct from any moneys that may be due or that may become due to the Contractor the whole amount that has been paid on account of such work. If, in the opinion of the Minister for Public Works, further inquiry is desirable or necessary before any certificate is paid, the Minister for Public Works shall have power to suspend the payment of all or any part of the amount mentioned in any such certificate for a period not exceeding one month from the date at which, in the ordinary course, the money would have been paid; and in such case, on payment of the amount payable, the Contractor shall be entitled to receive interest at the rate of ten pounds per centum per annum during such additional delay. STAMPS, LICENSE FEES, &c. 28. The Contractor shall bear and pay all costs, charges, and expenses of preparing, executing, and completing this contract, and all duty stamps, licenses, Building Surveyor's fees, or other charges or fees whatsoever lawfully demanded by the Municipal or other authorities. CUSTOMS AND WHAEF DUTIES, &c. 29. In the event of the Contractors being compelled to pay any Customs duties or wharf dues or fees on any goods imported into New Zealand by them for the purposes of the said works, or transhipped or carried by them from any port or place in New Zealand to any other place in New Zealand, the Queen shall and will repay the same to the Contractors after one month's notice in writing by the Contractor to the Minister demanding payment thereof and giving details of such payment, and the production of vouchers or other proof of such payment.

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AEBITEATION. 30. Should any dispute arise between the Contractor and the Engineer, or between the Contractor and the Minister for Public Works or the Government, relative to the force and intent and meaning of the specifications, drawings, or conditions, or to the mode of carrying on the works, or the nature or quality of materials used or supplied to be used, or workmanship of work done, or as to the maintenance of the works, or as to the expense of additional works, or of alterations or deviations from the specifications or plans, or as to any other matter connected with the execution of the works, or with the contract, specifications, drawings or conditions, or as to any matter which by this Contract it is expressly provided is to be settled, ascertained, or determined by arbitration, such dispute shall be referred in writing to the sole determination, arbitrament, and award of the Judge of the Supreme Court assigned to that Judicial District of the Supreme Court within which the works relative to which the dispute shall have arisen, have been or are to be executed, whose award shall be final, binding, and conclusive on all parties : Provided, however, that before any such dispute, as aforesaid, shall be so referred, the Contractor shall give to the Minister for Public Works one calendar month's notice in writing of such dispute, and of the matter and cause thereof, and in such notice the Contractor's claim shall be explicitly stated; and if such claim be for pecuniary compensation, the amount thereof shall also be stated. John Cakeuthehs. John Brogden and Sons.

SPECIFICATION OF THE MANNER OF CONSTRUCTING THE NAPIER AND PAKI PAKI RAILWAY. G-ENEEAL DESCEIPTION. 1. The line of Railway included under the title " Napier and Paki Paki Railway," and to which this Specification applies, begins at the Port of Napier, and terminates at Paki Paki as delineated on the accompanying plans and sections; the total length of the contract being eighteen miles and thirteen chains or thereby, with an addition of one mile of sidings. DEAWINGS. 2. The drawings, including general plans and longitudinal sections, as shown on list A, accompany this Specification. These show the character of the works to be executed. Further drawings of details will be issued from time to time as may be necessary. The general plan is drawn to a scale of three chains to an inch, and shows the course of the Railway, the centre line of which has been staked out on the ground, and is represented on the general plan by a red line. The road and stream diversions are shown on the general plan. The longitudinal section is drawn to a horizontal scale of three chains to the inch, and to a vertical scale of thirty feet to the inch. It represents the natural profile of the ground along the centre line of the Railway. The red line shows the level of the bottom of the ballast. On the longitudinal section are shown the positions and sizes of the culverts and bridges described in this Specification. ALIGNMENT OF STEUCTUEES. 3. In the construction of bridges, culverts, road crossings, and generally, it is to be understood that they are to intersect the line of Railway at such angle or curve as may be necessary and approved in each case, although they may be

Dcsci-iptio

Drawing:

Alignment.

NAPIER TO PAKI PAKI.

29 D.—No. 19.

shown on the drawings straight and at right angles ; and in the interpretation of the draAvings and schedules, and of this Specification, it shall be distinctly understood that all works or materials necessary to the due and workmanlike completion of every erection are to be provided, whether specially described or not. CONTEACTOE TO PEOVIDE LABOUR, PLANT, AND MATEEIALS. 4. The Contractor is to provide all labour, tools, implements, plant, and materials, and is well and substantially to construct and complete the Railway in accordance with the plans and specifications, and to deliver the same complete, and is to maintain and keep the said Railway, and all works connected therewith, in perfect order and repair for the space of three months from the delivery of the same to the Government. The said Railway shall be made in accordance with this Specification, and with the plans and sections herein referred to, or with such modifications of the plans and sections as the Engineer shall order, provided such modifications shall not increase the cost of the work. FENCING. 5. Pour miles of the line are to be fenced on one side; and wherever present fences arc disturbed or interfered with, they are to be made good at the expense of the Contractor. At all crossings of roads, and other places where cattle stops are used, fences are to be completed across the line up to the cattle stops. The description of fencing used shall be that described in special fencing specifications, as Qualities Nos. 2 and 3. EAETHWOEKS. 6. All flax, scrub, rushes, or Maori-heads growing on the line of the Railway, shall be cut down to the full width between the outside of the slopes. No public or private road that crosses or intersects the Railway or works thereof, shall be obstructed by excavation or otherwise, until the Contractors shall have provided such temporary roads as may be necessary for the traffic. The cuttings are to have a base at formation level of 10 feet in rock, 11 feet in loose rock, and 13 feet elsewhere, and are to be made in accordance with plan and section attached; but should the Engineer require any of the cuttings or banks to be made with different slopes from those shown on Drawing No. 9, the difference in cost shall be added to or deducted from the contract sum. Such alteration to be ordered in writing. A drain is to be cut along the bottom of slopes of cuttings, except in rock; this drain to average 5 cubic feet per lineal yard. Catchwatcr drains are to be dug above the top of one slope of cuttings, at a distance of from a quarter of a chain to a chain from the top of slopes; these ditches are to average 5 cubic feet per lineal yard, and are to be true and regular to the inclinations directed; no stumps or roots to be left in them. The embankments must be carried forward uniformly of the proper shape, with such an addition to the heights and widths as a due allowance for the shrinking of the material requires, so as to avoid as far as practicable the necessity for making subsequent additions either to the heights or widths of the embankments, to bring them to the correct levels and dimensions. Whenever the foundation of an embankment is on sloping ground, the Contractor, if required, must at his own expense cut steps and benches under the base of the embankment. The top of embankment at formation level is to be 10 feet wide; the slopes to be trimmed off to an inclination of one and a half horizontal to one vertical, and to be maintained full and true until the completion of the contract. The Contractors shall, unless otherwise directed by the Engineer, take care not in any way to interfere with or divert the . existing drainage areas, and shall leave such stops or stanks in the side cuttings, and take such other precautions, as the Engineer shall think necessary for that purpose. 9

Contractor to provide labour, &c. Fencing. Clearing scrub, &c. Boads not to be obstructed. Cuttings. Drains. Embankments.

D.— No. 19.

Behind and around culverts and abutments of bridges, the embankments shall be wheeled in and carefully rammed. Where shown on drawings or longitudinal section, the slopes of embankments shall be pitched with selected limestone one foot thick. DITCHES AND DEAINS. 7. When the line crosses swamps of a peaty nature, catchwater drains are to be cut on the upper side of the line obliquely across the valleys, so as to tap the surface water. These ditches shall not exceed, on an average, one and one-third cubic yard per lineal yard, and are to be made at the commencement of the work, and cleaned out from time to time as may be ordered. EOAD ALTEEATIONS. 8. At the places shown on the plan and section, and wherever necessary, the present roads are to be diverted. All such diversions and road approaches to the level crossings are to be completed in a convenient, substantial, and proper manner, with the necessary drains, water tables, and side slopes. Such approaches and road diversions are to be formed with an inclination not steeper than 1 in 30 for public roads, and 1 in 20 for private roads, except where the present inclination exceeds these rates, in which case the inclination of the new road shall not exceed that of the present road, unless, in the opinion of the Engineer, a steeper is unavoidable. Public roads and approaches to first-class crossings are to be metalled with coarse river gravel or approved hard stone, laid on and spread as directed, so as to average 22 cubic yards per lineal chain of road. Private roads are to be metalled with coarse river gravel or broken stone of approved quality, laid on and spread as directed, so as to average 9 cubic yards per lineal chain. The whole of the metal is to be broken to pass through a two and a half inch ring. Eour first-class, three second-class, and three third-class crossings, with two cattle-stops to each crossing, as per Drawing No. 12, shall be constructed at public and private roads where directed. They shall be carefully placed as to line and level, and finished in strict conformity with the drawing and the notes thereon. Each level crossing shall be metalled for a length of 66 feet on each side of the centre line, as above specified for the roads, and tile or timber box drains shall be put in the formation ditches where necessary for the drainage of the line or road. Ten pairs of malleable iron tubular or other approved gates, 12 feet wide, hung to strong posts, and furnished with bolts and padlocks, shall be provided and hung at private crossings where directed. Cattle stops, as shown in Drawing No. 12, are to be put in where directed, not exceeding twenty-five in number, besides those at level crossings. MATEEIALS. 9. Except where otherwise specified all the materials used under this Contract shall be of the following kinds and descriptions :■ — All timber shall be of kauri, totara, jarrah, or other timber specially approved; it shall be heart-wood, except as shown on Drawing No. 14, and shall be straight and sound, free from shakes, large knots, and other imperfections. The whole of the straps and bolts shall be made of 8.8. crown iron, or other iron of equal quality, of the dimensions shown; the whole to be finished and fixed in a workmanlike manner. Bolts shown or specified shall have a square head, of which the thickness shall be equal to the diameter of the bolt, and the width twice the diameter of the bolt. They are to be tapped with a good clean thread, and shall have a nut equal in size to the head of the bolt, and shall be provided with one or more washers 3 inches in diameter. The piles of bridge over Iron Pot shall be of jarrah. BEIDGES AND TIMBEE OPENINGS. 10. Bridges, as per detail drawings, shall be erected where shown on longitudinal section.

Punning.

Pitching.

Ditcbeß and drains.

Road alterations.

Metalling.

Level crossings.

Gates.

Cattle stops.

Timber.

Malleable iron.

Bolts and nuts.

Bridges, &c.

30

RAILWAY CONTRACTS,

D.—No. 19.

All joints, shoulders, and sides of tenons and scarfs to be worked perfectly true, and to fit accurately, and to be covered with red lead before being put together. Tenons generally to be 5 inches long, and to be draw-bored to receive trenails of hard wood made with hollow auger or toenailing machine. All trenails to be well seasoned and kept dry, and to be one-sixteenth of an inch more in diameter than the hole bored for them, and to be covered with red lead before being driven. All capsills and mudsills to be mortised on to posts or piles. All string pieces to be accurately notched down to capsills or floor beams by notching f inch from each, to be scribed and accurately fitted. Diagonal braces, where placed inside the panel, are to be notched together as described for string pieces. All piles are to be rung before driving with a three inch by f- inch round hoop. The piles are to be shod with a substantial iron shoe weighing not less than 30 lbs., securely fixed; the point of the pile to be cut true, and to be squared off at the end to 3 inches square, and to have true bearing against the shoe. No pile-driving is to be commenced at any bridge, opening, or other work without giving six days' notice previously to the Engineer in charge of the works. The Contractor shall provide all proper rods and gauges for setting out and testing the dimensions of bridges and timber openings that the Engineer may require. CULVEETS AND DEAINS. 11. Timber culverts shall be erected where shown on longitudinal section. The frames shall be accurately mortised, and tenoned, and pinned ; the planking to be securely spiked on to the frames, the whole of the timber to be heart of totara or matai; the outer side of the planking need not be reduced to the dimensions given, but there must in every case be the full thickness specified of heart timber; the edges of the planking must fit truly for the whole thickness, and the planks must extend over at least two panels, and break joints as much as possible. Sufficient catchwater and outfall drains are to be dug at culverts, and all stumps and roots occurring in the line of ditch to be taken out. BALLASTING AND PEEMANENT WAT. 12. The ballast is to consist of shingle, broken stones, or sand previously approved of, and is to be disposed as shown in Drawing No. 9. In all cases the embankments and cuttings are to be cleared from mud, and brought to an uniform formation level before the ballast is laid on. The permanent way is to consist of a single line of rails laid to a gauge of 3 feet 6 inches, and sidings provided and laid where directed, amounting in all to one mile of sidings. The Contractor is to provide and have upon the ground at all points when the work is proceeding a sufficient supply of all such templates, tools, gauges, and other implements as are necessary and are usually required in the laying of permanent way, or as may be required by the Engineer. About three.thirty-seconds of an inch of space is to be left between the ends of the rails when fixed in place, or such other space as the Engineer may direct, according to the season. Eor the curves, the rails will require bending. This, as well as the straightening of all bent rails, must be effected by a press, or by striking with wooden hand-beetles on wooden blocks. In all cases, whether of straightening of bent rails or of bending rails to the necessary curves, the rails must be set permanently to the form required before being laid, and no temporary bending, springing, or straightening, either by dragging with a lever and hook, or by any other means of a like character, will on any account be permitted. Great care must be taken to lay all the sleepers square to the rails on straights, and as near as may be on curves. Where the line is straight, the rails will be level across the line; but where the line is curved, the rails will be canted, the difference of level between the two rails being such as the Engineer shall order.

Joints.

Piling.

C ontractor to supply rods and gauges.

Timber culverts.

Drains at culverts.

Ballast.

Permanent way.

Gauges.

Laying of permanent way.

Bending rails.

Laying sleepers.

31

NAPIER TO PAKI PAKI.

D.—No. 19.

32

RAILWAY CONTRACTS,

When suitable material for ballast is not found immediately on the line, the sleepers may be laid on formation, being carefully tamped with dry earth. The Contractor will be permitted to run ballast and material trains over the line thus laid at a speed not exceeding ten miles an hour, but the ballasting and lifting must be proceeded with with all possible despatch. The changes of gradients shall be made by a gradual curve. There are to be 2,050 sleepers per mile, to be spaced as directed. The following timbers to be used to the extent of not less than 75 per cent, of the whole : —Totara, jarrah, Oregon pine, kauri, or puriri. The remaining 25 per cent, -may be of matai (Podocarpus spicata) or birch (Fagitsfusca or Solanclri). They shall be 7 feet long, and 7 inches by 5 inches, all of heart. They are to be flatted top and bottom, true and out of wind; but any extra width beyond 7 inches need not be removed. The rail scats are to be accurately adzed to a correct bevel. The rails will weigh 40 lbs. to the yard; they will be jointed Avith Ibbotson's patent steel clip-joint, Aveighing about 12 lbs. each joint, and fastened to the sleepers by six fang-bolts to each rail, and two spikes to each sleeper, Avhere fangbolts are not used. The rails and fastenings will be delivered to the Contractor at the ship's side, at Auckland, and he shall be responsible for all materials delivered to him. USE OF PEEMANENT WAY MATEEIALS BY CONTEACTOE. 13. Permanent way materials shall not be laid dovra or employed, without written permission of the Engineer, within 100 yards of the face of any excaA'ation or the end of any embankments, nor used for hauling earthwork before the ballast is laid. When the Contractor shall have complied with the above requirements, he may use the rails and other permanent way materials for the purpose of hauling earthwork or materials on parts of the line. SIDINGS. 14. The Contractor shall construct at his own cost, at such points as may be indicated by the Engineer, one mile of sidings, including the necessary earthwork, ballast, sleepers, and laying of permanent way, similar to that of the main line, without the points and crossings. He shall also make and construct, wherever required, such station-grounds, buildings, points, crossings, extra sidings, telegraph and other things required for station accommodation, and shall furnish the Engineer monthly with a detailed statement showing their actual cost, exclusive of all cost of management, properly supported by vouchers or as othenvise directed, and to this cost a sum equal to ten pounds per centum shall be added for Contractor's profits, and this amount shall be in addition to the contract sum. TELEGEAPH. 15. A single wire telegraph Avill be constructed and paid for as for station accommodation, and the use of it allowed to the Contractor during construction of the Avorks. During the period of maintenance the Government will transmit, free of charge, all messages sent by the Contractor on the business of the Railway. EOLLING STOCK. 16. The Contractor shall take delivery from the ship's side at Auckland of the articles of rolling stock enumerated below, and shall land, erect, and place the same on the line in Avorking order, and bear all costs of the same. LIST OT EOlilllfG STOCK. 2 locomotives. 8 carriages and brake-vans. 10 Avaggons. USE OF EOLLING STOCK. 17. The Government will furnish the Contractor with such locomotives and rolling stock as they may have on the line, the Contractor to pay the wages of the engine-drivers and stokers, who must be approved by the Engineer, and to

Sleepers.

Rails and fastening:

Use of permanent way materials by Contractor.

Sidings.

Telegraph.

NAPIER TO PAKI PAKI.

33

D.—No. 19.

furnish fuel, water, oil, grease, waste, &c, at their own expense. The Contractor shall also return such rolling stock as may be lent to them in as good order as when received by them—reasonable tear and wear excepted. In the event of the Government being unable to supply locomotives and rolling stock when needed by the Contractor, an extension of time will be granted for the completion of the contract; such extension of time to be fixed by the Engineer. John Cabbuthebs. John Bbogden and Sons.

LIST OF DEAWINGS. Drawing No. 1. —Bridge over Iron Pot. „ No. 2. —Bridge over Waitangi Creek. „ No. 3. —Bridge over Ngaruroro Eiver, Ist crossing. „ No. 4. —Bridge over Ngaruroro Eiver, 2nd crossing. „ No. s.—Bridge over Ngaruroro Eiver, 3rd crossing. „ No. 6.—Design for Wood Culvert and Bridges at 67 chains : —1 mile 49 chains, 1 mile 74 chains, 6 miles 77 chains, 7 miles 11 chains, 7 miles 48 chains, 9 miles 10 chains, 12 miles 20 chains, 14 miles 33 chains, 14 miles 78 chains, 15 miles 10 chains, 16 miles 63 chains, and 16 miles 75 chains. „ No. 7.—Sections of Eivers, Natural Scale for Drawings Nos. 1, 2, 3, 4, and 5. „ No. B.—General Design for Bridge, 40 feet span. „ No. 9. —Cross Sections, Cuttings, and Embankments. „ No. 12. —Level Crossings and Cattle Stops. „ No. 13.—Plan and Section (14 sheets). John Caketjtheks. John Bbogden and Sons.

GENERAL FENCING SPECIFICATION. The Eencing to be used shall be of three kinds, to be known as Qualities Nos. 1, 2, and 3. Quality No. 1. —Quality No. 1 shall consist of a sod Avail, 3 feet 3 inches broad at base, 1 foot 3 inches broad at top, and 4 feet 6 inches high. It shall be carefully built in uniform layers from 8 to 10 inches thick, and bonded together. A ditch at least 2 feet 6 inches wide, and 1 foot 6 inches deep, shall be dug on each side, and carried through the wall where necessary for the drainage of the line or adjoining land. The wall is to be carried over such ditches on sound totara timber 3 inches thick. Quality No. 2.- —Quality No. 2 shall consist of post, ditch, mound, three wires, and top rail. Quality No. 3. —Quality No. 3 shall consist of post, five wires, and top rail. The timber used in Qualities Nos. 2 and 3 shall be totara, matai, kauri, or manuka, or other specially approved timber. The posts to be of split timber, cut square at ends, mortised for rails, and Avell rammed Avhen in their places. A straining post, 9 feet long, 6 inches in diameter, and well stayed, shall be put in at intervals of not more than 5 chains, and at each crossing of existing fences. The top rails shall also be of split timber, scarfed at ends, neatly fitted into mortise holes cut in the posts, and securely fixed with Avedges. The wires shall consist of the best black annealed Avire, of No. 5 Birmingham gauge, and shall be fastened to outside of posts with suitable staples. The mound, in fencing Quality No. 2, shall be of tough firm sods, as specified for sod wall. It shall be 3 feet wide at base, 2 feet Avide at top, and 1 foot 6 inches high. Existing fences crossed and cut down shall be connected with the railway fences, and left in a condition at least equal to that in which they were found. The Contractor shall provide temporary slip-rails or panels in the permanent fencing where required for the accommodation of occupiers, and will give every other facility of access to their lands across the line until.the permanent crossings and roads are constructed. John Cabbuthebs. John Bbogden and Sons. 10

D.—No. 19.

Abticles oe Agreement made and entered into this tenth day of August, 1872, between the Govebnob of New Zealand, in the name and on behalf of Her Majesty the Queen of the one part, and Alexandeb Bbogden, Henry Brogden, and James Brogden, all of Queen's Square, in the City of Westminster, in England, Railway Contractors (hereinafter referred to as " the Contractors "), of the other part: Whereas by the sixth section of "The Ptailways 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 Wellington, in the Province of Wellington, to the Hutt, 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 Avhom 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 respectively, 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 arc described or referred to in the said Conditions, Specifications, DraAvings, 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 11

WELLINGTON CONTRACT OF THE WELLINGTON AND HUTT RAILWAY.

RAILWAY CONTRACTS,

D.— -No. 19,

36

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 twenty-nine thousand and sixteen 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 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). 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. Lastly. The parties hereto shall and will each respectively perform, observe, and fulfil all and singular the conditions and stipulations expressed or contained in the said General Conditions and Specifications, and which thereby it is provided shall be performed, observed, or fulfilled by such parties respectively. In Avitness Avhereof the Seal of the Colony has hereunto been affixed, and the said Contractors have hereunto set their hands and seals, the day and year first above written. Sealed Avith the Seal of the Colony, ~\ and signed by the Governor, in / G. P. Bowen, the presence of > Governor. William Pox. I J. D. Ormond. J Alexander Brogden, Signed, sealed, and delivered by the By his Attorney, James Brogden. above-named Alexander Brogden, (Seal.) Henry Brogden, and James I Henry Brogden, Brogden, in the presence of By his Attorney, James Brogden. Wm Thos. Locke Travers, (Seal.) Solicitor, Wellington. James Brogden. (Seal.) (Seal of the Colony.) Approved in Council, August 10th, 1872. Porster Goring, Clerk of the Executive Council.

D.—No. 19,

INTEEPEETATION CLAUSE. 1. In these conditions the words "Minister for Public Works " shall mean the Minister for Public Works appointed under " The Immigration and Public Works Act, 1870," or any Minister or person for the time being authorized by the Governor to act for such Minister in respect of the special work contracted for; the word " Engineer " shall mean the Engineer for the time being who shall have principal charge of the works on behalf of the Government; and the word "Contractor" shall mean "Contractors" when tAVO or more persons tender or contract jointly for the work; and the word "month" shall mean "calendar month." WOEKS, &c, TO BE ACCOEDING TO DEAWINGS AND SPECIFICATIONS, AND TO THE SATISFACTION OF THE ENGINEEE. 2. All the materials used are to be the best of their respective kinds, and all works of every description throughout are, subject to the provisions hereinafter contained, to be executed conformably to the several drawings and details prepared or that may be prepared for that purpose, and herein referred to, in the strictest accordance with the provisions of the specifications, and in the best, most substantial, and "workmanlike manner, and to the satisfaction of the Engineer; and should any work not be so executed, it shall be immediately altered and amended at the cost of the Contractor. PLANS, &c. 3. A copy of the plans and drawings, with the specifications, shall be furnished to the Contractor by the Engineer, and the plans and drawings referred to in the specification, and the specification, shall be taken together to explain each other; and if, in the execution of the works, it shall be found that anything has been omitted or mis-stated either in the draAvings or specification, which is necessary for the proper performance and completion of any part or parts of the works, the Contractor shall at his oAvn cost and expense execute the same, and provide whatever may be requisite for so doing, provided the extra cost thereof shall not exceed the sum of £200 in each particular case. Any Avritten dimensions on the drawings shall be taken in all cases in preference to measurements by the scale attached, and anything contained either in the drawings or specification shall be equally binding on the Contractor as if it were contained in both; and in case the written or figured dimensions on the drawings shall disagree with the scaling, or in case there shall be any discrepancy between the drawings and specification, or any ambiguity in them, such occurrence shall not invalidate the contract, but the same shall be rectified by the Engineer if thought requisite, and the Contractor shall not be entitled to make any claim or demand for compensation or damages on account of such discrepancy or ambiguity. If neither the drawings nor the specification contain any notice of minor parts, the intention to include which is nevertheless clearly to be inferred, and which parts are obviously necessary for the workmanlike completion and stability of the work, all such parts are to be made and executed by the Contractor without extra charge, and are to be deemed by him as included in the sum at which he contracts for the works. EXTEA WOEKS AND ALTEEATION OF WOEKS. 4. The Contractor is to make and execute, in the like manner as aforesaid, and Avith the like materials as aforesaid, any additions, deviations, or alterations to, from, or in the works, which the Engineer may from time to time, previously 12

37

WELLINGTON TO THE HUTT. GENERAL CONDITIONS FOR THE WELLINGTON AND HUTT RAILWAY.

D.—lf*. If.

38

RAILWAY CONTRACTS,

to the commencement or during the progress of the works, by an order in writing, require, at and for such prices or rates as shall be agreed upon in writing between the Contractor and the Minister for Public Works. In case of non-agreement as to price, the work shall be done by the Contractor as required by the Engineer, and the price thereof shall be settled by arbitration as hereinafter provided, and shall when so ascertained be added to and thenceforth deemed to be part of the contract price for the works to be executed under this contract; but no additions, deviations, or alterations whatever, which shall be claimed by the Contractor, Avill be admitted or recognized under any circumstances, or Avill be allowed or paid for, which shall be done or executed without, or contrary to any previous order from the Engineer in writing as aforesaid: Provided always that no addition, deviation, or alteration from the plans and specifications to be ordered by the Engineer as aforesaid shall involve an increased expenditure in connection with the works or any part thereof, unless distinctly authorized by Avriting under the hand of the Minister for Public Works, who, before authorizing any such deviation, shall obtain from the Engineer an estimate of the increased expenditure arising therefrom: Provided also that in all cases where such deviation, addition, or alteration as last aforesaid, from the plans and specifications, shall involve an outlay exceeding £500, the consent of the Governor in Council shall first be obtained. And in all cases it shall be the duty of the Contractor to satisfy himself that such addition, deviation, or alteration (if any) has been duly authorized in the manner required by "The Immigration and Public Works Act, 1870," and also, that to any such outlay as aforesaid, requiring the consent of the Governor in Council as aforesaid, such consent has been obtained, as required by the said Act. OMISSION OF POETIONS OF WOEKS. 5. To the Minister for Public Works there is reserved the right from time to time of requiring the omission of any particular portion or portions of works described in the specification or shown on the drawings, and of deducting the value thereof from the amount of the contract, such value to be agreed upon between the Minister for Public Works and the Contractor, or in case of difference to be settled by arbitration as hereinafter provided; but the Contractor shall be entitled to be paid a sum of ten per cent, on the agreed or ascertained value of the work omitted; such sums for omissions to be paid on the completion of the contract. MATEEIALS, LABOUE, &c. ' 6. The Contractor shall provide, at his oAvn costs and charges, all materials, labour, tools, plant, tackle, machinery, scaffolding, waggons, cordage, cartage, stores, planking, centres, coffer dams, diving bells, staging, diving dresses, and everything necessary for the proper execution and completion of the several Avorks, and centres must not be struck without the Avritten authority of the Engineer. The Contractor is also to provide, at his cost, for keeping all the trenches and foundations free from water, and for preventing all slips of ground into the trenches. All material and all prepared work brought upon the ground of the works for use therein is to be considered the property of the Queen, and the Contractor shall not take away any such material or work Avithout the written authority of the Engineer, unless the same shall be required for the purposes of other works under this contract. The Contractor will be required to set out accurately, at his own expense, all the works comprised in this contract, agreeably to the drawings and specifications, and shall be held responsible for their being so set out and executed accordingly. EEMOVAL OF IMPEOPEE MATEEIALS. 7. It shall be lawful for the Engineer to order the removal from the works of any materials, whether fixed or not, which may appear to him to be of an inferior or improper description, and the Contractor shall remove the same within twentyfour hours after a written notice in that behalf given to him by the Engineer; and in case of neglect or refusal to remove the same according to such notice, the Engineer shall have power to remove the same at the cost of the Contractor.

WELLINGTON TO THE HUTT.

39

D.—No. 19.

CONTEACTOE TO BE EEPEESENTED. 8. The Contractor at all times during the progress of the works, when he is not personally superintending them, must have a responsible agent or overseer stationed on them, to receive instructions from the Engineer, and to represent him for all the purposes of this contract. PEOGEESS OF WOEKS. 9. If the Contractor shall, in the opinion of the Engineer, fail to make such progress with the w rorks as the Engineer shall deem sufficient to insure their completion Avithin the specified time, or if the Contractor shall use or employ bad or insufficient materials, or execute any work in an imperfect manner, and shall fail or neglect to rectify any such cause of complaint for fourteen days after being thereunto required in writing by the Engineer, or if the Contractor shall, in the judgment of the Engineer, commit a wilful breach of his contract, then, and in any of such cases, it shall be lawful for the Minister for Public Works, by any instrument in writing under his hand delivered to the Contractor, or to his representative on the works, or left at the Contractor's usual or last knoAva place of abode or business, absolutely to determine this contract, and from and after the delivery of the said instrument as aforesaid, the contract shall be absolutely determined; and in the event of such determination happening, then it shall be laAA rful for the said Minister, after having delivered such instrument to the Contractor as aforesaid, to take the works out of the Contractor's possession, and at the option of such Minister either to carry the works on under the Engineer or by another Contractor, and that either after advertising for Contractors or without doing so, as he shall think fit; and all the materials, implements, and plant then upon or used in connection with the works may be used in and applied for the purpose of completing the works; and on the final completion of the works, if it should be found that the balance of the contract price remaining unpaid, if any, and the deposit money and percentages, together Avith the net proceeds realized by the sale of the then residue of such materials, implements, and plant as aforesaid, after being sold in any way that may appear to be most advisable to the Minister for Public Works, is not sufficient to meet the outlay incurred in completing the Avorks in all respects, then the Contractor, his executors or administrators, shall be bound to pay to the Minister for Public Works the surplus expenditure above such balance, and other sums as aforesaid. But if, on the other hand, the w Torks shall be completed Avithin the contract price, then there shall be paid to the Contractor, or his executors, administrators, or assigns, such balance as may be due to him or them, including the deposit money and percentages or retention money, if any, but without any interest thereon ; and the Engineer shall, wdthin fourteen days after such balance has been ascertained to be due, grant authority to the Contractor or his representatives for the removal of all surplus material, implements, and plant belonging to him or them, and remaining on the works after their completion, if not sold as before mentioned. But it is herein expressly proA'ided that, in the eA'ont of any materials, implements, or plant being returned to the Contractor or his representatives, or being alloAved to be removed by him or them as aforesaid, Her Majesty the Queen shall not be in any Avay liable for any loss, diminution, wear and tear, or injury, such materials, implements, or plant may have sustained during the completion of the Avork. CONTEACTOE NOT TO SUBLET WOEKS TO PEESONS PEEVIOUSLY OBJECTED TO— BANKEUPTCY, INSOLVENCY, OE DEATH. 13. The Contractor shall not sublet any portion of the Avorks to any person Avho shall have been previously objected to by the Engineer by notice in w rriting to the Contractor. If the Contractor become bankrupt or insolvent, or shall make an assignment of his estate for the benefit of his creditors, or shall die before the final completion of the contract, then it shall be laAvful for the Minister for Public Works, on behalf of the Queen, summarily, and of his own authority, and without any process of laAv for that purpose, to take possession of the works, and to take them out of the hands of the Contractor, or of his executors, or administrators, or of the assignees or trustees of his estate, and to employ persons for

D.—No. 19,

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RAILWAY CONTRACTS,

the execution and completion of the same, and that either after advertising for contractors or without doing so, as he shall think fit; and all the then remaining materials, implements, and plant aforesaid may be used in and applied for the purposes of the works; and on the final completion of the works, if it should be found that the balance of the contract price remaining unpaid, if any, and the deposit money and percentages aforesaid, together with the value of the remaining materials, implements, and plant as aforesaid, after being sold in any way that may appear to be most advisable to the Minister for Public Works, is not sufficient to meet the outlay incurred in completing the works in all respects, then the Contractor, his executors or administrators, shall be bound to pay to the Minister for Public Works the surplus expenditure above such balance, and other sums as aforesaid; and in the case of bankruptcy or insolvency, then Her Majesty the Queen shall rank as a creditor to the amount of such surplus. But if, on the other hand, the works shall be completed within the contract price, then there shall be paid to the Contractor, or his executors, administrators, or assigns, such balance as may be due to him or them, including the deposit money and percentages or retention money, if any, but without any interest thereon; and the Engineer shall, Avithin fourteen days after such balance has been ascertained to be due, grant authority to the Contractor or his representatives for the removal of all surplus material, implements, and plant belonging to him or them, and remaining on the works after their completion, if not sold as before mentioned. But it is herein expressly provided that, in the event of any materials, implements, or plant being returned to the Contractor or his representatives, or being alloAved to be removed by him or them as aforesaid, Her Majesty the Queen shall not be in any way liable for any loss, diminution, wear and tear, or injury, such materials, implements, or plant may have sustained during the completion of the work. LIABILITIES OF CONTEACTOE. 14. The exercise by the Minister for Public Works, or Engineer, of any of their respective powers shall not relieve the Contractor from any liability to Avhich he may be subject for any breach of the contract. TIME OF COMPLETION. 15. Subject as herein provided, the Contractor shall complete the Avhole of the works of this contract on or before the first day of September, one thousand eight hundred and seventy-three, failing which the Minister for Public Works shall be entitled to deduct from the final balance due to the Contractor a sum calculated at the rate of Three pounds per cent, per annum on all moneys which shall have been paid to the Contractor under this contract, computed from the date on which the work ought to have been completed under this contract up to the date of the completion of the work : Provided that if the Minister for Public Works shall have taken over as completed any portion of the work, the cost of that portion shall not be included in the calculation last aforesaid. But in the event of the Contractor being prevented by earthquake, tempest, flood or otherwise by the act of God or by the act of the Queen's enemies, rebellion, restraint of princes, or otherwise by anything in the nature of vis major, or by reason of any strike amongst the workmen engaged upon the Avorks, or by reason of any alterations, deviations, or additions, or extra works being required, or in case of any delay in furnishing any material to be supplied to the Contractor by the Governor, the Engineer shall allow such an extension of time as he shall think adequate for such enforced delay, or for such alterations, deviations, additions, or extra work; and at the expiration of the time so allowed, the deductions or sets-off for delay shall come into operation. SUSPENSION OF WOEKS. 16. The Contractor, on receiving a written notice from the Engineer, shall suspend, or stop, the whole or any portion of the works as may be directed, and the Governor on behalf of the Queen shall make good to the Contractor any loss or damage he may sustain through such suspension or stoppage, to be ascertained,

WELLINGTON TO THE HUTT.

D.—No. 19,

41

in case of non-agreement betAveen the Contractor and the Minister, by arbitration, as hereinafter mentioned ; and the Minister for Public Works shall in no case be bound to give the Contractor possession of the ground or work until thirty days after the signature of the contract by the Contractor; but a commensurate extension of time for completing the Avorks 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, &c. 17. 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. TEESPASS. 18. 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 Raihvay 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 WOEKS. 19. 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, materials, &c, necessary for such maintenance for a period of 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, damage, 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. 20. The Minister for Public Works will, free of all expense, put the Contractor in possession of all land required for the permanent Avorks 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. 21. 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 13

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RAILWAY CONTRACTS,

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. 22. If any delay shall take place in giving to the Contractor the 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 w rorks as shall be fixed by the Engineer, or, in case of dispute, by arbitration, as hereinafter provided. POWEE TO EEQUIEE DISMISSAL OF ANY WOEKMAN. 23. 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. TEUCK SYSTEM NOT ALLOWED. 24. 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 payment 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 of any kind from any person in particular. The workmen of every class shall be paid on the Avorks if it be possible, or in some building adjoining, and in no case shall they be paid at a public-house, or other place where liquors or refreshments are sold. PAYMENTS. 25. 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 as may be approved by the Engineer as fit and necessary for the Avork, as estimated by the Engineer, having due regard in such estimate to the actual value thereof; such certificates for work done, and materials and plant supplied, in each calendar month, to be delivered to the Contractor within fourteen days after the termination of such month, and the balance, less 5 per cent., together with the amount deposited as cash security, if any, in fourteen (14) days, or as nearly as may be, after the Engineer shall have certified under his hand that the works have been finally and satisfactorily completed, and that such balance, together with the cash security, is due to the Contractor. The said 5 per cent, will be retained for three months to insure the fulfilment of clause 19 of these Conditions, and from which sums may be deducted the costs of any repairs or defects, failing the Contractor executing the same: Provided always that no sum or sums of money shall be considered to be due or owing to the Contractor, nor shall the Contractor make any claim for or on account of any work executed or maintained by him, or for or on account of plant or materials supplied by him, unless such certificate as aforesaid shall have been given by the Engineer as aforesaid; nor shall any sum or sums of money so certified be considered to be made payable to the Contractor until the expiration of fourteen days after such certificate shall have been presented to the Minister for Public Works; nor shall any omission to pay the amount of such certificate at the time the same shall be held payable be deemed or held to be a breach of or to vitiate the contract, but in case of such omission the Contractor shall be entitled to interest on the amount certified for, at the rate of ten pounds per centum per annum, for such time as such omission shall continue.

WELLINGTON TO THE HUTT.

D.—No. 19.

43

NEGLECT TO CEETIFY. 26. In case the Engineer shall neglect or refuse to certify the amount due to the Contractor in respect of the work, or plant or materials, in manner and within the times mentioned in the foregoing condition, and shall continue such neglect or refusal for a period of fourteen days succeeding the fourteenth day after the end of the month in which the work was done, or the plant or material supplied, as the case may be, the Contractor shall be entitled to measure and value the same, having due regard in his estimate to the actual value thereof, and the measure and value so estimated by the Contractor shall be temporarily accepted by the Governor so far as regards the progress payment to be made to the Contractor in respect thereof under the foregoing condition, and the payment provided by that condition shall be made accordingly, with interest thereon, at the rate of Ten pounds per centum per annum, during the period of delay occasioned by the neglect or refusal of the Engineer : Provided always that in all cases in which a certificate shall, within the period or further period hereinbefore provided, as the case may be, have actually been delivered to the Contractor, such certificate shall, for the purpose of the progress payment to be made thereunder, be conclusive; and in case of any dispute between the Contractor and the Engineer as to the estimate therein made of value of work done, or plant or materials provided, as the case may be, of which dispute notice shall have been given by the Contractor to the Minister for Public Works wdthin fourteen days after the delivery of the certificate to the Contractor, such dispute shall be referred to arbitration as hereinafter mentioned. PEOGEESS PAYMENTS WITHOUT PEEJUDICE, &c. 27. No certificate given to the Contractor for the purpose of any progress payments shall prevent the Engineer, at any future time before the termination of the contract, from rejecting all unsound materials and improper workmanship discovered subsequently to the giving of the last previous certificate; and notwithstanding the giving of any certificate that portions or the whole of the works have been satisfactorily performed, the Engineer may require the Contractor to remove and amend, at any future time previously to the final payment on account of the construction or maintenance of the works, any work that may be found not to be performed in accordance with the contract, and the Contractor must remove and amend, at his own cost, all such work when so required, notwithstanding any approval made or given by the Assistant Engineer or Inspector. The Minister for Public Works shall have power, on the report of the Engineer that the work approved of as aforesaid is not in accordance with the contract, to deduct from any moneys that may be due or that may become due to the Contractor the Avhole amount that has been paid on account of such work. If, in the opinion of the Minister for Public Works, further inquiry is desirable or necessary before any certificate is paid, the Minister for Public Works shall have power to suspend the payment of all or any part of the amount mentioned in any such certificate for a period not exceeding one month from the date at which, in the ordinary course, the money would have been paid; and in such case, on payment of the amount payable, the Contractor shall be entitled to receive interest at the rate of Ten pounds per centum per annum during such additional delay. STAMPS, LICENSE FEES, &c. 28. The Contractor shall bear and pay all costs, charges, and expenses of preparing, executing, and completing this contract, and all duty stamps, licenses, Building Surveyor's fees, or other charges or fees whatsoever lawfully demanded by the Municipal or other authorities. CUSTOMS AND WHAEF DUTIES, &o. 29. In the event of the Contractors being compelled to pay any Customs duties or Avharf dues or fees on any goods imported into New Zealand by them for the purposes of the said works, or transhipped or carried by them from any port or place in New Zealand to any other place in New Zealand, the Queen shall

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RAILWAY CONTRACTS,

and will repay the same to the Contractors after one month's notice in writing by the Contractor to the Minister demanding payment thereof and giving details of such payment, and the production of vouchers or other proof of such payment. AEBITEATION. 30. Should any dispute arise between the Contractor and the Engineer, or between the Contractor and the Minister for Public Works or the Government, relative to the force and intent and meaning of the specifications, drawings, or conditions, or to the mode of carrying on the works, or the nature or quality of materials used or supplied to be used, or workmanship of work done, or as to the maintenance of the works, or as to the expense of additional Avorks, or of alterations or deviations from the specifications or plans, or as to any other matter connected with the execution of the works, or with the contract, specifications, drawings, or conditions, or as to any matter which by this contract it is expressly provided is to be settled, ascertained, or determined by arbitration, such dispute shall be referred in AAriting to the sole determination, arbitrament, and award of the Judge of the Supreme Court assigned to that Judicial District of the Supreme Court within which the works relative to which the dispute shall have arisen have been or are to be executed, whose award shall be final, binding, and conclusive on all parties: Provided, hoAvever, that before any such dispute as aforesaid shall be so referred, the Contractor shall give to the Minister for Public Works one calendar month's notice in writing of such dispute, and of the matter and cause thereof, and in such notice the Contractor's claim shall be explicitly stated; and if such claim be for pecuniary compensation, the amount thereof shall also be stated. John Cabbuthebs. John Bbogden and Sons.

SPECIFICATION OF THE MANNER OF CONSTRUCTING THE WELLINGTON CONTRACT OF THE WELLINGTON AND HUTT RAILWAY. GENEEAL DESCEIPTION. 1. The line of Railway included under the title " Wellington Contract of the Wellington and Hutt Railway," and to which this specification applies, begins at Pipitea Point, Wellington, and terminates near the Lower Hutt Township, as delineated on the accompanying plans and sections; the total length of the contract being eight miles or thereby, with an addition of half a mile of sidings. DEAWINGS. 2. The drawings, including general plans and longitudinal sections, as shown on list A, accompany this Specification. These show the character of the works to be executed; further drawings of details will be issued from time to time as may be necessary. The general plan is drawn to a scale of three chains to an inch, and shows the course of the Railway, the centre line of which has been staked out on the ground, and is represented on the general plan by a red line. The road and stream diversions are shown on the general plan. The longitudinal section is drawn to a horizontal scale of three chains to the inch, and to a vertical scale of thirty feet to the inch. It represents the natural profile of the ground along the centre line of the Railway. The red line shows the level of the bottom of the ballast. On the longitudinal section are shown the positions and sizes of the culverts and bridges described in this Specification. ALIGNMENT OF STEUCTUEES. 3. In the construction of bridges, culverts, road crossings, and generally, it is to be understood that they are to intersect the line of Railway at such angle or curve as may be necessary and approved in each case, although they may be

Description.

Drawings,

Alignment,

WELLINGTON TO THE HUTT.

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D.—No. 19.

shown on the drawings straight and at right angles ; and in the interpretation of the drawings and schedules, and of this Specification, it shall be distinctly understood that all works or materials necessary to the due and workmanlike completion of every erection are to be provided, whether specially described or not. CONTEACTOE TO PEOVIDE LABOUE, PLANT, AND MATEEIALS. 4. The Contractor is to provide all labour, tools, implements, plant, and materials, and is well and substantially to construct and complete the Railway in accordance with the plans and specifications, and to deliver the same complete, and is to maintain and keep the said Railway, and all Avorks connected therewith, in perfect order and repair for the space of three months from the delivery of the same to the Government. The said Railway shall be made in accordance Avith this Specification, and with the plans and sections herein referred to, or with such modifications of the plans and sections as the Engineer shall order, provided such modifications shall not increase the cost of the work. FELLING, CLEAEING, AND GEUBBING. 5. The whole of the timber within one chain and a half of the centre line is to be felled. Of this extent the central chain is to be cleared by removing all logs and underbrush half a chain from the centre line, and to a greater distance where the formation requires it. Throughout all cuttings and along formations on the level, all stumps and roots are to be grubbed out entirely and removed, so as to leave no loose timber whatever, and no stumps within two feet of formation level along centre or within one foot of the surface in the slopes. The Contractor will be permitted to apply to his own use the timber which he has felled for the purpose of clearing the line. FENCING. 6. Pive miles 67 chains of the line are to be fenced on one side; and wherever present fences are disturbed or interfered with, they are to be made good at the expense of the Contractor. At all crossings of roads, and other places where cattle stops are used, fences are to be completed across the line up to the cattle stops. The fence is to consist of posts and four rails (except at the rocky point at 4 miles 18 chains, wdiere approved iron hurdles may be substituted, tied with iron and wedged down to holes in the rock.) The posts are to be 6 feet 6 inches long, entirely of heart of totara, sound, and of full dimensions, and mortised to receive four rails with mortises 6 in. xlf in.; the posts to be sunk 1 foot 9 inches in the ground, and securely rammed; the rails to be good sound rails, of totara, black birch, or rimu, to be free from winding, to be properly bevelled at the ends, and to pass completely through the posts, one above the other, so as to fill the mortises. No rail to exceed 9 feet in length. The fence is to be erected in such line as shall be approved by the Engineer, and is to be made good up to the ends of all bridges and to all slip rail posts at level crossings. The whole to be neatly finished in a workmanlike manner. At all openings for level crossings along the above fence, two posts are to be i erected for each crossing 10 feet apart; the posts to be 8 inches square, of heart of totara, to be 8 feet long, sunk 3 feet 6 inches in the ground, and securely rammed. Each post to have four mortises for slip rails 4 in. x 2 in. Those on one side to go completely through the post; those on the other side to be 4 inches deep. Pour slip rails to be provided, to be finished to a length of 10 feet 8 inches, to be of black birch, 6 in. x2|-in., reduced at the ends to go freely into the mortises, and bored at one end for f in. pins of hard wood. Guard balks 15 feet long x 6 in. x 4 in. shall be placed along rails of permanent way. EAETHWOEKS. 7. All flax, scrub, rushes, or Maori-heads growing on the line of the Railway, < shall be cut down to the full width between the outside of the slopes. 14

i Contractor to provide labour, &c, &c.

Felling, Ac.

Fencing.

Slip rails.

Clearing Scrub, &o.

RAILWAY CONTRACTS,

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No public or private road that crosses or intersects the Railway or works thereof, shall be obstructed by excavation or otherwise, until the Contractor shall have provided such temporary roads as may be necessary for the traffic. The cuttings are to have a base at formation level of 10 feet in rock, 11 feet in loose rock, and 13 feet elsewhere, and are to be made in accordance with plan and section attached; but should the Engineer require any of the cuttings or banks to be made with different slopes from those shown on Drawing No. 2, the difference in cost shall be added to or deducted from the contract sum. Such alteration to be ordered in writing. A drain is to be cut along the bottom of slopes of cuttings, except in rock; this drain to average 5 cubic feet per lineal yard. Catchwater drains are to be dug above the top of one slope of cuttings, at a distance of from a quarter of a chain to a chain from the top of slopes ; these ditches are to average 5 cubic feet per lineal yard, and are to be true and regular to the inclinations directed; no stumps or roots to be left in them. The embankments must be carried forward uniformly of the proper shape, with such an addition to the heights and widths as a due allowance for the shrinking of the material requires, so as to avoid as far as practicable the necessity for making subsequent additions either to the heights or widths of the embankments, to bring them to the correct levels and dimensions. Whenever the foundation of an embankment is on sloping ground, the Contractor, if required, must at his own expense cut steps and benches under the base of the embankment. The top of embankment at formation level is to be 10 feet wide; the slopes to be trimmed off to an inclination of one and a half horizontal to one vertical, and to be maintained full and true until the completion of the contract. The Contractor shall, unless otherwise directed by the Engineer, take care not in any way to interfere with or divert the existing drainage areas, and shall leave such stops or stanks in the side cuttings, and take such other precautions, as the Engineer shall think necessary for that purpose. Behind and around culverts and abutments of bridges, the embankments shall be wheeled in and carefully rammed. PITCHING. 8. Where required, the outer slope of the embankment shall be protected by a course of pitching formed of concrete blocks 2 feet square and 6 inches thick, or of approved stone 1 foot deep to the extent of 6,000 square yards, and of pitching 6 inches deep to the extent of 14,355 square yards. Prom 4 miles 17 chains to 4 miles 34 chains, and from 4 miles 50 chains to. 4 miles 74 chains, the top of the pitching is to be levelled, and a parapet 1 foot 6 inches wide erected on top to a height of 1 foot 6 inches of rubble masonry laid in cement or of cement concrete. Where specified in list of breast walls, walls to retain the outer edge of beach road are to be erected of stone laid dry, Avith a batter of 3 inches to a foot, or the existing walls made good ; these Avails are to be similar in materials, dimensions, and character to the existing walls along the road. DITCHES AND DEAINS. 9. When the line crosses swamps of a peaty nature, catchwater drains are to be cut on the upper side of the line obliquely across the valleys, so as to tap the surface w rater. These ditches shall not exceed, on an average, one and one-third cubic yard per lineal yard, and are to be made at the commencement of the work, and cleaned out from time to time as may be ordered. STEEAM DIVEESIONS. 10. All stream diversions are to be grubbed out as described for cuttings, and excavated with regular slopes and inclinations, as will be set out. EOAD ALTEEATIONS. 11. At the places shown on the plan and section, and wherever necessary, the present roads are to be diverted.

Roads not to be obstructed.

Cuttings.

Drains.

Embankments,

Punning.

Pitching,

Parapets,

Breast -walls.

Road alterations,

D.—No. 19.

All such diversions and road approaches to the level crossings are to be completed in a convenient, substantial, and proper manner, Avith the necessary drains, water tables, and side slopes. Such approaches and road diversions are to be formed with an inclination not steeper than 1 in 30 for public roads, and 1 in 20 for private roads, except where the present inclination exceeds these rates, in which case the inclination of the new road shall not exceed that of the present road, unless, in the opinion of the Engineer, a steeper is unavoidable. Public roads and approaches to first-class crossings are to be metalled with coarse river gravel or approved hard stone, laid on and spread as directed, so as to average 38 cubic yards per lineal chain of road. Private roads are to be metalled with coarse river gravel or broken stone of approved quality, laid on and spread as directed, so as to average 15 cubic yards per lineal chain. The whole of the metal is to be broken to pass through a two and a half inch ring. Tavo first-class, four second-class, and six third-class crossings, Avith two cattle-stops to each first-class crossing, as per Drawing No. 7, shall be constructed at public and private roads where directed. They shall be carefully placed as to line and level, and finished in strict conformity with the drawing and the notes thereon. Each level crossing shall be metalled for a length of 66 feet on each side of the centre line, as above specified for the roads, and tile or timber box drains shall be put in the formation ditches Avhere necessary for the drainage of the line or road. Cattle stops, as shown in Drawing No. 7, are to be put in where directed, not i exceeding thirty in number, besides those at level crossings. MATEEIALS. 12. Except where otherwise specified, all the materials used under this contract shall be of the folloAving kinds and descriptions : — All masonry, except archwork, coping, and string courses, to be of rubble ] laid in cement mortar. Bond stones, 2 feet long, to be put in every square yard of both face and back of work. All spalls are to be set in mortar, and not laid dry, and afterwards grouted. Pacework must have no stone containing less than one-quarter of a cubic foot. The work shall be grouted every foot in height. All Avingwalls, parapets, and abutments shall be finished with a coping of brick on edge, one brick wide, set in cement. The coping is not generally shown on draAvings. The whole of the masonry is to be neatly pointed. Cement mortar shall consist of three parts, by measure, of sharp clean sand ( to one part of Portland cement. Concrete shall be composed of three parts, by measure, of broken stone, two ( parts of sharp sand, and one part of fresh Portland cement, or two parts of broken stone to two parts of gravel, one part of sand, and one part of fresh Portland cement. The cement shall be of approved brands, and subject to such tests as the Engineer may from time to time direct. The concrete shall be laid in 12-inch layers, and well rammed as the Avork progresses. Rails, strings, and floor beams shall be of black birch, and all other timber 'i shall be of matai or totara, or other timber specially approved; it shall be heartwood, except as shown on Drawing No. 8, and shall be straight and sound, free from shakes, large knots, and other imperfections. The whole of the straps and bolts shall be made of 8.8. crown iron, or other \ iron of equal quality, of the dimensions shown; the whole to be finished and fixed in a workmanlike manner. Bolts shown or specified shall have a square head, of which the thickness b shall be equal to the diameter of the bolt, and the width twice the diameter of the bolt. They are to be tapped with a good clean thread, and shall have a nut equal in size to the head of the bolt, and shall be provided with one or more washers 3 inches in diameter. BEIDGES AND TIMBEE OPENINGS. 13. Bridges, as per detail drawings, shall be erected Avhere shoAvn on longi- b tudinal section. All joints, shoulders, and sides of tenons and scarfs to be worked perfectly j

Metalling.

Level crossings.

Cattle stops.

Masonry.

foment.

Concrete.

timber.

Malleable iron.

iolts and nuts.

Iridgea.

oints.

47

WELLINGTON TO THE HUTT.

D.—No. 19.

48

RAILWAY CONTRACTS,

true, and to fit accurately, and to be covered with red lead before being put together. Tenons generally to be 5 inches long, and to be draw-bored to receive trenails of hard wood made with hollow auger or trenailing machine. All trenails to be w rell seasoned and kept dry, and to be one-sixteenth of an inch more in diameter than the hole bored for them, and to be covered with red lead before being driven. All capsills and mudsills to be morticed on to posts or piles. All string pieces to be accurately notched down to capsills or floor beams by notching f inch from each, to be scribed and accurately fitted. Diagonal braces, where placed inside the panel, are to be notched together as described for string pieces. All piles are to be rung before driving with a three inch by f inch round hoop. The piles are to be shod with a substantial iron shoe weighing not less than 30 lbs., securely fixed; the point of the pile to be cut true, and to be squared off at the end. to 3 inches square, and to have true bearing against the shoe. No pile-driving is to be commenced at any bridge, opening, or other work without giving six days' notice previously to the Engineer in charge of the works. The Contractor shall provide all proper rods and gauges for setting out and testing the dimensions of bridges and timber openings that the Engineer may require. CULVEETS AND DEAINS. 14. Timber culverts shall be erected where shown on longitudinal section. The frames shall be accurately mortised, and tenoned, and pinned ; the planking to be securely spiked on to the frames, the whole of the timber to be heart of totara or matai; the outer side of the planking need not be reduced to the dimensions given, but there must in every case be the full thickness specified of heart timber; the edges of the planking must fit truly for the whole thickness, and the planks must extend over at least two panels, and break joints as much as possible. Masonry culverts shall be erected where shown on longitudinal section. They shall be of rubble masonry, set in cement mortar, with coping of brick on edge. Sufficient catchwater and out-fall drains are to be dug at culverts, and all stumps and roots occurring in the line of ditch to be taken out. BALLASTING AND PEEMANENT WAY. 15. The ballast is to consist of shingle, broken stones, or sand, previously approved of, and is to be disposed as shown in Drawing No. 2. In all cases the embankments and cuttings are to be cleared from mud, and brought to an uniform formation level before the ballast is laid on. The permanent way is to consist of a single line of rails laid to a gauge of 3 feet 6 inches, and sidings provided and laid where directed, amounting in all to one half-mile of sidings. The Contractor is to provide and have upon the ground at all points when the work is proceeding a sufficient supply of all such templates, tools, gauges, and other implements as are necessary and are usually required in the laying of permanent way, or as may be required by the Engineer. About three thirty-seconds of an inch of space is to be left between the ends of the rails when fixed in place, or such other space as the Engineer may direct, according to the season. Por the curves, the rails will require bending. This, as well as the straightening of all bent rails, must be effected by a press, or by striking with wooden hand-beetles on wooden blocks. In all cases, whether of straightening of bent rails or of bending rails to the necessary curves, the rails must be set permanently to the form required before being laid, and no temporary bending, springing, or straightening, either by dragging with a lever and nook, or by any other means of a like character, will on any account be permitted. Great care must be taken to lay all the sleepers square to the rails on straights, and as near as may be on curves. Where the line is straight, the rails will be level across the line; but where the line is curved, the rails will be canted, the difference of level between the two rails being such as the Engineer shall order. When suitable material for ballast is not found immediately on the line, the

Piling.

Contractor to supply rods and gauges.

Timber culverts.

Masonry culverts.

Drains and culverts.

Ballast.

Permanent way.

Gauges.

Laying of permanent way.

Bending rails.

Laying sleepers.

D.—No. 19.

sleepers may be laid on formation, being carefully tamped with dry earth. The Contractor will be permitted to run ballast and material trains over the line thus laid at a speed not exceeding ten miles an hour, but the ballasting and lifting must be proceeded with with all possible despatch. The changes of gradients shall be made by a gradual curve. There are to be 2,050 sleepers per mile, to be spaced as directed. The following timbers to be used to the extent of not less than 75 per cent, of the whole: —Totara, jarrah, Oregon pine, kauri, or puriri. The remaining 25 per cent, maybe of matai {Fodocarpus spicata) or birch (Fagus fusca or Solandri). They shall be 7 feet long, and 7 inches by 5 inches, all of heart. They are to be flatted top and bottom, true and out of wind; but any extra width beyond 7 inches need not be removed. The rail seats are to be accurately adzed to a correct bevel. The rails will weigh 40 lbs to the yard; they will be jointed with Ibbotson's patent steel clip-joint, weighing about 12 lbs. each joint, and fastened to the sleepers by six fang-bolts to each rail, and two spikes to each sleeper, where fangbolts are not used. The rails and fastenings will be delivered to the Contractor at the ship's side, Wellington, and he shall be responsible for all materials delivered to him. USE OF PEEMANENT WAY MATEEIALS BY CONTEACTOE. 16. Permanent way materials shall not be laid down or employed, without written permission of the Engineer, Avithin 100 yards of the face of any excavation or the end of any embankments, nor used for hauling earthwork before the ballast is laid. When the Contractor shall have complied with the above requirements, he may use the rails and other permanent way materials for the purpose of hauling earthwork or materials on parts of the line. SIDINGS. 17. The Contractor shall construct at his own cost, at such points as may be indicated by the Engineer, one half-mile of sidings, including the necessary earthwork, ballast, sleepers, and laying of permanent way, similar to that of the main line, without the points and crossings. He shall also make and construct, wherever required, such station-grounds, buildings, points, crossings, extra sidings, telegraph and other things required for station accommodation, and shall furnish the Engineer monthly with a detailed statement shoAving their actual cost, exclusive of all cost of management, properly supported by vouchers or as otherwise directed, and to this cost a sum equal to ten pounds per centum shall be added for Contractor's profits, and this amount shall be in addition to the contract sum. TELEGEAPH. 18. A single wire telegraph will be constructed and paid for as for station accommodation, and the use of it allowed to the Contractor during construction of the works. During the period of maintenance the Government will transmit, free of charge, all messages sent by the Contractor on the business of the Railway. EOLLING STOCK. IS). The Contractor shall take delivery from the ship's side at Wellington of the articles of rolling stock enumerated below, and shall land, erect, and place the same on the line in working order, and bear all cost of the same. LIST OP ROLLING STOCK. 2 locomotives. 8 carriages and brake-vans. 13 waggons. USE OF EOLLING STOCK. 20. The Government will furnish the Contractor with such locomotives and rolling stock as they may have on the line, the Contractor to pay the wages of the engine-drivers and stokers, who must be approved by the Engineer, and to furnish fuel, water, oil, grease, waste, &c, at his own expense. 'The Contractor 15

Sleepers.

Bails and fastenings.

Use of permanent way materials by Contractor.

Sidings.

Telegraph

49

WELLINGTON TO THE HUTT.

B.—No. 19

50

RAILWAY CONTRACTS.

shall also return such rolling stock as may be lent to him in as good order as when received by him —reasonable tear and wear excepted. In the event of the Government being unable to supply locomotives and rolling stock when needed by the Contractor, an extension of time will be granted for the completion of the contract; such extension of time to be fixed by the Engineer. John Cabbuthebs. John Bbogden and Sons.

WELLINGTON AND HUTT RAILWAY. LIST OF BREAST WALLS to be erected or made good along outer edge of Road.

WELLINGTON AND HUTT EAILWAY. List of Drawings. Drawing No. I—Longitudinal plan and section, sheets 1 to 8, and cross sections, sheets 9 to 17. „ 2 —Cross sections, cutting and embankments, pitching and parapet. „ 3 —Bridge sites, Kaiwarrawarra and Koro Koro streams, 3 spans 30 feet and 2—30 feet. „ 4—Bridge at Ngahauranga. „ s—Bridge openings, at 5 miles 10 chains, 6 miles 67 chains, 6 miles 69 chains, and 7 miles 69 chains. „ 6 —Culverts, 2 feet, 4 feet, and 6 feet. „ 7—Cattle stops, level crossings, &c. John Carrtttheks. John Brogden and Sons.

Miles. Chains. From 0 3300 4450 5350 60-70 71-50 7620 1 28-50 44-20 5050 6950 7700 2 4-50 10-70 16-70 29 00 34-50 39-50 5050 6150 3 150 Miles. Chains. To 0 3700 47-50 5650 68-10 72-80 79-40 1 3860 47-00 5350 7100 78-50 2 650 1310 17-20 30-20 3680 42-20 5250 6550 3 00 Miles. Chains. From 3 650 12-00 15-50 28-00 50-50 62-70 6650 74 50 4 5-80 9 00 1740 65 40 76-50 78-50 5 3-50 30-50 39-70 46-50 51-50 6130 Miles. Chains. To 3 8 50 1350 19-50 3160 52-50 6400 67-50 77-50 4 760 1080 1790 7000 7750 79-50 5 4-50 3350 41-20 4750 52-50 63-50

D.—No. 19

Abticles oe Agbeement made and entered into this tenth day of August, 1872, between the Govebnob of New Zealand, in the name and on behalf of Her Majesty the Queen of the one part, and Alexandeb Bbogden, Henbt Bbogden, and James Bbogden, all of Queen's Square, in the City of Westminster, in England, Railway Contractors (hereinafter referred to as " the Contractors "), of the other part: Whereas 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 Picton, in the Province of Marlborough, to Northern Bank, Opawa River, in the said Province (Avhich said Railway is hereinafter referred to as " the Railway herein mentioned") : And Avhercas 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 Avhereas 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 : Noav, 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 respectively, 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 Avith the said Conditions, Specifications, DraAvings, 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, Avhether such works, plant, and materials are described or referred to in the said Conditions, Specifications, DraAvings, or Plans, or are extra or in addition thereto, within the time mentioned in the said Conditions, subject, hoAvever, 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 Picton or Blenheim, at the option of the Government, the iron rails and fastenings required for the permanent way and the rolling stock respectively mentioned in the Specification. 3. That the Queen Avill pay the Contractors for the construction and execution of the said works, and the maintenance thereof, for the period of three months 16

PICTON AM) BLENHEIM RAILWAY.

D.—No. 19,

52

RAILWAY CONTRACTS,

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 seventy-six thousand five hundred and thirty-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 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). 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. 5. In the event of the said works and buildings being damaged or destroyed by floods while the same are in the hands of the Contractor or unfinished, if the cost incurred by the Contractor in repairing or restoring the same exceed the sum of two thousand pounds, one moiety of such excess shall be borne by the Contractor and the other moiety shall be paid to the Contractor by the Queen, the amount thereof to be settled by arbitration in the manner in the said Conditions provided, in case the Contractors and the Engineer do not agree as to the amount (if any) to be paid to the Contractors by the Queen in respect of such damage or restoration; but if the cost incurred by the Contractors in and about such repairs and restoration do not exceed the sum of two thousand pounds, the whole of such cost shall be borne by the Contractors. Lastly. The parties hereto shall and will each respectively perform, observe, and fulfil all and singular the conditions and stipulations expressed or contained in the said General Conditions and Specifications, and which thereby it is provided shall be performed, observed, or fulfilled by such parties respectively. In witness whereof the Seal of the Colony has hereunto been affixed, and the said Contractors have hereunto set their hands and seals, the day and year first above written. Sealed with the Seal of the Colony, "\ and signed by the Governor, in / G. P. Bowen, the presence of > Governor. William Pox. I J. D. Obmond. J Alexandeb Bbogden, Signed, sealed, and delivered by the By his Attorney, James Brogden. above-named Alexander Brogden, (Seal.) Henry Brogden, and James I Henbt Bbogden, Brogden, in the presence of By his Attorney, James Brogden. Wm. Thos. Locke Tbavebs, (Seal.) Solicitor, Wellington. James Bbogden. (Seal.) (Seal of the Colony,) Approved in Council, August 10th, 1872. POBSTEB GOBING, Clerk of the Executive Council.

PICTON TO BLENHEIM.

53

D.—No. 19.

GENERAL CONDITIONS POR THE PICTON AND BLENHEIM RAILWAY.

INTEEPEETATION CLAUSE. 1. In these Conditions the words "Minister for Public Works" shall mean the Minister for Public Works appointed under " The Immigration and Public Works Act, 1870," or any Minister or person for the time being authorized by the Governor to act for such Minister in respect of the special work contracted for; the word " Engineer " shall mean the Engineer for the time being who shall have principal charge of the works on behalf of the Government; and the word "Contractor" shall mean "Contractors" wdien two or more persons tender or contract jointly for the AA rork; and the word "month" shall mean "calendar month." WOEKS, &c, TO BE ACCOEDING TO DEAWINGS AND SPECIFICATIONS, AND TO THE SATISFACTION OF THE ENGINEEE. 2. All the materials used are to be the best of their respective kinds, and all works of every description throughout are, subject to the provisions hereinafter contained, to be executed conformably to the several drawings and details prepared or that may be prepared for that purpose, and herein referred to, in the strictest accordance with the provisions of the specifications, and in the best, most substantial, and workmanlike manner, and to the satisfaction of the Engineer; and should any Avork not be so executed, it shall be immediately altered and amended at the cost of the Contractor. PLANS, &c. 3. A copy of the plans and drawings, with the specifications, shall be furnished to the Contractor by the Engineer, and the plans and drawings referred to in the specification, and the specification, shall be taken together to explain each other; and if, in the execution of the works, it shall be found that anything has been omitted or mis-stated either in the draAvings or specification, which is necessary for the proper performance and completion of any part or parts of the works, the Contractor shall at his oavii cost and expense execute the same, and provide whatever may be requisite for so doing, provided the extra cost thereof shall not exceed the sum of £200 in each particular case. Any written dimensions on the drawings shall be taken in all cases in preference to measurements by the scale attached, and anything contained either in the drawings or specification shall be equally binding on the Contractor as if it Avere contained in both; and in case the written or figured dimensions on the drawings shall disagree with the scaling, or in case there shall be any discrepancy between the draAvings and specification, or any ambiguity in them, such occurrence shall not invalidate the contract, but the same shall be rectified by the Engineer if thought requisite, and the Contractor shall not be entitled to make any claim or demand for compensation or damages on account of such discrepancy or ambiguity. If neither the drawings nor the specification contain any notice of minor parts, the intention to include which is nevertheless clearly to be inferred, and which parts are obviously necessary for the workmanlike completion and stability of the work, all such parts are to be made and executed by the Contractor Avithout extra charge, and are to be deemed by him as included in the sum at Avhich he contracts for the works. ENTEA WOEKS AND ALTEEATION OF WOEKS. 4. The Contractor is to make and execute, in the like manner as aforesaid, and with the like materials as aforesaid, any additions, deviations, or alterations to, from, or in the works, which the Engineer may from time to time, previously 17

D.—No. 19

54

RAILWAY CONTRACTS,

to the commencement or during the progress of the Avorks, by an order in writing, require, at and for such prices or rates as shall be agreed upon in writing between the Contractor and the Minister for Public Works. In case of non-agreement as to price, the work shall be done by the Contractor as required by the Engineer, and the price thereof shall be settled by arbitration as hereinafter provided, and shall when so ascertained be added to and thenceforth deemed to be part of the contract price for the Avorks to be executed under this contract; but no additions, deviations, or alterations whatever, Avhich shall be claimed by the Contractor, will be admitted or recognized under any circumstances, or will be allowed or paid for, which shall be done or executed without or contrary to any previous order from the Engineer in writing as aforesaid: Provided always that no addition, deviation, or alteration from the plans and specifications to be ordered by the Engineer as aforesaid shall invoke an increased expenditure in connection Avith the works or any part thereof, unless distinctly authorized by writing under the hand of the Minister for Public Works, avlio, before authorizing any such deviation, shall obtain from the Engineer an estimate of the increased expenditure arising therefrom: Provided also that in all cases where such deviation, addition, or alteration as last aforesaid, from the plans and specifications, shall involve an outlay exceeding £500, the consent of the Governor in Council shall first be obtained. And in all cases it shall be the duty of the Contractor to satisfy himself that such addition, deviation, or alteration (if any) has been duly authorized in the manner required by " The Immigration and Public Works Act, 1870," and also, that to any such outlay as aforesaid, requiring the consent of the Governor in Council as aforesaid, such consent has been obtained, as required by the said Act. OMISSION OF POETIONS OF WOEKS. 5. To the Minister for Public Works there is reserved the right from time to time of requiring the omission of any particular portion or portions of works described in the specification or shown on the drawings, and of deducting the A ralue thereof from the amount of the contract, such value to be agreed upon between the Minister for Public Works and the Contractor, or in case of difference to be settled by arbitration as hereinafter proA rided; but the Contractor shall be entitled to be paid a sum of ten per cent, on the agreed or ascertained value of the Avork omitted; such sums for omissions to be paid on the completion of the contract. MATEEIALS, LABOUE, &c. 6. The Contractor shall provide, at his OAvn costs and charges, all materials, labour, tools, plant, tackle, machinery, scaffolding, AA raggons, cordage, cartage, stores, planking, centres, coffer dams, diving bells, staging, diving dresses, and everything necessary for the proper execution and completion of the several Avorks, and centres must not be struck without the Avritten authority of the Engineer. The Contractor is also to provide, at his cost, for keeping all the trenches and foundations free from water, and for preventing all slips of ground into the trenches. All material and all prepared work brought upon the ground of the works for use therein is to be considered the property of the Queen, and the Contractor shall not take away any such material or work without the written authority of the Engineer, unless the same shall be required for the purposes of other works under this contract. The Contractor will be required to set out accurately, at his own expense, all the works comprised in this contract, agreeably to the drawings and specifications, and shall be held responsible for their being so set out and executed accordingly. EEMOVAL OF IMPEOPEE MATEEIALS. 7. It shall be lawful for the Engineer to order the removal from the works of any materials, whether fixed or not, which may appear to him to be of an inferior or improper description, and the Contractor shall remove the same Avithin twentyfour hours after a written notice in that behalf given to him by the Engineer; and in case of neglect or refusal to remove the same according to such notice, the Engineer shall have poAver to remove the same at the cost of the Contractor.

PICTON TO BLENHEIM.

55

D.—No. 19.

CONTEACTOE TO BE EEPEESENTED. 8. The Contractor at all times during the progress of the works, when he is not personally superintending them, must have a responsible agent or overseer stationed on them, to receive instructions from the Engineer, and to represent him for all the purposes of this contract. PEOGEESS OF WOEKS. 9. If the Contractor shall, in the opinion of the Engineer, fail to make such progress with the works as the Engineer shall deem sufficient to insure their completion within the specified time, or if the Contractor shall use or employ bad or insufficient materials, or execute any work in an imperfect manner, and shall fail or neglect to rectify any such cause of complaint for fourteen days after being thereunto required in writing by the Engineer, or if the Contractor shall, in the judgment of the Engineer, commit a wilful breach of his contract, then, and in any of such cases, it shall be laAvful for the Minister for Public Works, by any instrument in writing under his hand delivered to the Contractor, or to his representative on the works, or left at the Contractor's usual or last known place of abode or business, absolutely to determine this contract, and from and after the deliA Tery of the said instrument as aforesaid, the contract shall be absolutely determined; and in the event of such determination happening, then it shall be laAvful for the said Minister, after having delivered such instrument to the Contractor as aforesaid, to take the works out of the Contractor's possession, and at the option of such Minister either to carry the works on under the Engineer or by another Contractor, and that either after advertising for Contractors or without doing so, as he shall think fit; and all the materials, implements, and plant then upon or used in connection Avith the works may be used in and applied for the purpose of completing the works; and on the final completion of the works, if it should be found that the balance of the contract price remaining unpaid, if any, and the deposit money and percentages, together with the net proceeds realized by the sale of the then residue of such materials, implements, and plant as aforesaid, after being sold in any way that may appear to be most advisable to the Minister for Public Works, is not sufficient to meet the outlay incurred in completing the Avorks in all respects, then the Contractor, his executors or administrators, shall be bound to pay to the Minister for Public Works the surplus expenditure above such balance, and other sums as aforesaid. But if, on the other hand, the works shall be completed Avithin the contract price, then there shall be paid to the Contractor, or his executors, administrators, or assigns, such balance as may be due to him or them, including the deposit money and percentages or retention money, if any, but without any interest thereon ; and the Engineer shall, Avithin fourteen days after such balance has been ascertained to be due, grant authority to the Contractor or his representatives for the removal of all surplus material, implements, and plant belonging to him or them, and remaining on the Avorks after their completion, if not sold as before mentioned. But it is herein expressly provided that, in the event of any materials, implements, or plant being returned to the Contractor or his representatives, or being allowed to be removed by him or them as aforesaid, Her Majesty the Queen shall not be in any Avay liable for any loss, diminution, wear and tear, or injury, such materials, implements, or plant may have sustained during the completion of the work. CONTEACTOE NOT TO SUBLET WOEKS TO PEESONS PEEYIOUSLY OBJECTED TO— BANKRUPTCY, INSOLVENCY, OE DEATH. 13. The Contractor shall not sublet any portion of the works to any person avlio shall have been previously objected to by the Engineer by notice in writing to the Contractor. If the Contractor become bankrupt or insolvent, or shall make an assignment of his estate for the benefit of his creditors, or shall die before the final completion of the contract, then it shall be lawful for the Minister for Public Works, on behalf of the Queen, summarily, and of his OAvn authority, and without any process of law for that purpose, to take possession of the works, and to take them out of the hands of the Contractor, or of his executors, or administrators, or of the assignees or trustees of his estate, and to employ persons for

D.—No. 19,

56

RAILWAY CONTRACTS,

the execution and completion of the same, and that either after advertising for contractors or Avithout doing so, as he shall think fit; and all the then remaining materials, implements, and plant aforesaid may be used in and applied for the purposes of the works; and on the final completion of the works, if it should be found that the balance of the contract price remaining unpaid, if any, and the deposit money and percentages aforesaid, together with the value of the remaining materials, implements, and plant as aforesaid, after being sold in any way that may appear to be most advisable to the Minister for Public Works, is not sufficient to meet the outlay incurred in completing the works in all respects, then the Contractor, his executors or administrators, shall be bound to pay to the Minister for Public Works the surplus expenditure above such balance, and other sums as aforesaid; and in the case of bankruptcy or insolvency, then Her Majesty the Queen shall rank as a creditor to the amount of such surplus. But if, on the other hand, the works shall be completed Avithin the contract price, then there shall be paid to the Contractor, or his executors, administrators, or assigns, such balance as may be due to him or them, including the deposit money and percentages or retention money, if any, but without any interest thereon; and the Engineer shall, within fourteen days after such balance has been ascertained to be due, grant authority to the Contractor or his representatiAres for the removal of all surplus material, implements, and plant belonging to him or them, and remaining on the works after their completion, if not sold as before mentioned. But it is herein expressly provided that, in the event of any materials, implements, or plant being returned to the Contractor or his representatives, or being allowed to be removed by him or them as aforesaid, Her Majesty the Queen shall not be in any way liable for any loss, diminution, wear and tear, or injury, such materials, implements, or plant may have sustained during the completion of the work. LIABILITIES OF CONTEACTOE. 14. The exercise by the Minister for- Public Works, or Engineer, of any of their respective powers shall not relieve the Contractor from any liability to which he may be subject for any breach of the contract. TIME OF COMPLETION. 15. Subject as herein provided, the Contractor shall complete the whole of the Avorks of this contract on or before the first day of August, one thousand eight hundred and seventy-four, failing which the Minister for Public Works shall be entitled to deduct from the final balance due to the Contractor a sum calculated at the rate of Three pounds per cent, per annum on all moneys which shall have been paid to the Contractor under this contract, computed from the date on which the work ought to have been completed under this contract up to the date of the completion of the w rork : Provided that if the Minister for Public Works shall have taken over as completed any portion of the work, the cost of that portion shall not be included in the calculation last aforesaid. But in the event of the Contractor being prevented by earthquake, tempest, flood or otherwise by the act of God or by the act of the Queen's enemies, rebellion, restraint of princes, or otherwise by anything in the nature of vis major, or by reason of any strike amongst the workmen engaged upon the w rorks, or by reason of any alterations, deviations, or additions, or extra works being required, or in case of any delay in furnishing any material to be supplied to the Contractor by the Governor, the Engineer shall allow such an extension of time as he shall think adequate for such enforced delay, or for such alterations, deviations, additions, or extra Avork; and at the expiration of the time so allowed, the deductions or sets-off for delay shall come into operation. SUSPENSION OF WOEKS. 16. The Contractor, on receiving a written notice from the Engineer, shall suspend, or stop, the whole or any portion of the works as may be directed, and the Governor, on behalf of the Queen, shall make good to the Contractor any loss or damage he may sustain through such suspension or stoppage, to be ascertained,

PICTON TO BLENHEIM.

57

D.—No. 19.

in case of non-agreement between the Contractor and the Minister, by arbitration, as hereinafter mentioned ; and the Minister for Public Works shall in no case be bound to give the Contractor possession of the ground or work until thirty days after the signature of the contract by the Contractor; but a commensurate extension of time for completing the w rorks Avill be alloAved 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, &o. 17. The Contractor shall also provide for effectually securing and covering the several Avails 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. TEESPASS. 18. The Contractor shall not enter upon any lands outside the line of fences for the construction of the Avorks, or for any purpose Avhatever in connection with this contract, without the consent of the occupier or OAvner, except at his own cost and risk, and shall not, without the consent of the Engineer, remove any trees or buildings Avithin the line of the Railway fences, nor shall he open or throAV 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 WOEKS. 19. 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, materials, &c, necessary for such maintenance for a period of 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, damage, or injury whatsoever to the public or any private person which may be caused by his operations during the progress of the Avorks, 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 othei'Avise, as required by the Engineer, to preA rent stoppage of public traffic. LAND. 20. The Minister for Public Works will, 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 Avith the works. 21. 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 18

D.—No. 19.

58

RAILWAY CONTRACTS,

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. 22. If any delay shall take place in giving to the Contractor the 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 dispute, by arbitration, as hereinafter proAuded. POWEE TO EEQUIEE DISMISSAL OF ANY WOEKMAN. 23. 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. i TRUCK SYSTEM NOT ALLOWED. 24. 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 payment 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 of any kind 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 public-house, or other place where liquors or refreshments are sold. PAYMENTS. 25. Payments will be made monthly, for each calendar month, as the w rorks proceed, on the certificate in Avriting of the Engineer, at a rate not exceeding 90 per cent, on the value of the Avork 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 as may be approved by the Engineer as fit and necessary for the work, as estimated by the Engineer, having due regard in such estimate to the actual value thereof; such certificates for work done, and materials and plant supplied, in each calendar month, to be delivered to the Contractor within fourteen days after the termination of such month, and the balance, less 5 per cent., together with the amount deposited as cash security, if any, in fourteen (14) days, or as nearly as may be, after the Engineer shall have certified under his hand that the works have been finally and satisfactorily completed, and that such balance, together with the cash security, is due to the Contractor. The said 5 per cent, will be retained for three months to insure the fulfilment of clause 19 of these Conditions, and from which sums may be deducted the costs of any repairs or defects, failing the Contractor executing the same: Provided alw 7ays that no sum or sums of money shall be considered to be due or owing to the Contractor, nor shall the Contractor make any claim for or on account of any work executed or maintained by him, or for or on account of plant or materials supplied by him, unless such certificate as aforesaid shall have been given by the Engineer as aforesaid; nor shall any sum or sums of money so certified be considered to be made payable to the Contractor until the expiration of fourteen days after such certificate shall have been presented to the Minister for Public Works; nor shall any omission to pay the amount of such certificate at the time the same shall be held payable be deemed or held to be a breach of or to vitiate the contract, but in case of such omission the Contractor shall be entitled to interest on the amount certified for, at the rate of ten pounds per centum per annum, for such time as such omission shall continue.

D.—No. 19.

NEGLECT TO CEETIFY. 26. In case the Engineer shall neglect or refuse to certify the amount due to the Contractor in respect of the work, or plant or materials, in manner and within the times mentioned in the foregoing condition, and shall continue such neglect or refusal for a period of fourteen days succeeding the fourteenth day after the end of the month in Avhich the Avork was done, or the plant or material supplied, as the case may be, the Contractor shall be entitled to measure and value the same, having due regard in his estimate to the actual value thereof, and the measure and value so estimated by the Contractor shall be temporarily accepted by the Governor so far as regards the progress payment to be made to the Contractor in respect thereof under the foregoing condition, and the payment provided by that condition shall be made accordingly, with interest thereon, at the rate of Ten pounds per centum per annum, during the period of delay occasioned by the neglect or refusal of the Engineer : Provided always that in all cases in which a certificate shall, within the period or further period hereinbefore provided, as the case may be, have actually been delivered to the Contractor, such certificate shall, for the purpose of the progress payment to be made thereunder, be conclusive; and in case of any dispute betAveen the Contractor and the Engineer as to the estimate therein made of value of work done, or plant or materials provided, as the case may be, of which dispute notice shall have been given by the Contractor to the Minister for Public Works Avithin fourteen days after the delivery of the certificate to the Contractor, such dispute shall be referred to arbitration as hereinafter mentioned. PEOGEESS PAYMENTS WITHOUT PEEJUDICE, &c. 27. No certificate given to the Contractor for the purpose of any progress payments shall prevent the Engineer, at any future time before the termination of the contract, from rejecting all unsound materials and improper Avorkmanship discovered subsequently to the giving of the last previous certificate; and notAvithstanding the giving of any certificate that portions or the Avhole of the works have been satisfactorily performed, the Engineer may require the Contractor to remove and amend, at any future time previously to the final payment on account of the construction or maintenance of the works, any Avork that may be found not to be performed in accordance with the contract, and the Contractor must remove and amend, at his own cost, all such work Avhcn so required, notwithstanding any approval made or given by the Assistant Engineer or Inspector. The Minister for Public Works shall haAre poAver, on the report of the Engineer that the Avork approved of as aforesaid is not in accordance with the contract, to deduct from any moneys that may be due or that may become due to the Contractor the whole amount that has been paid on account of such work. If, in the opinion of the Minister for Public Works, further inquiry is desirable or necessary before any certificate is paid, the Minister for Public Works shall have poAver to suspend the payment of all or any part of the amount mentioned in any such certificate for a period not exceeding one month from the date at which, in the ordinary course, the money would have been paid; and in such case, on payment of the amount payable, the Contractor shall be entitled to receive interest at the rate of Ten pounds per centum per annum during such A additional delay. STAMPS, LICENSE FEES, &c. 28. The Contractor shall bear and pay all costs, charges, and expenses of preparing, executing, and completing this contract, and all duty stamps, licenses, Building Surveyor's fees, or other charges or fees whatsoever lawfully demanded by the Municipal or other authorities. CUSTOMS AND WHARF DUTIES, &c. 29. In the event of the Contractors being compelled to pay any Customs duties or wharf dues or fees on any goods imported into New Zealand by them for the purposes of the said Avorks, or transhipped or carried by them from any port or place in New Zealand to any other place in New Zealand, the Queen shall

59

PICTON TO BLENHEIM.

D— No. 19,

60

RAILWAY CONTRACTS,

and will repay the same to the Contractors, after one month's notice in writing by the Contractor to the Minister demanding payment thereof and giving details of such payment, and the production of vouchers or other proof of such payment. AEBITEATION. 30. Should any dispute arise between the Contractor and the Engineer, or between the Contractor and the Minister for Public Works or the Government, relative to the force and intent and meaning of the specifications, draAvings, or conditions, or to the mode of carrying on the wrorks, or the nature or quality of materials used or supplied to be used, or Avorkmanship of work done, or as to the maintenance of the Avorks, or as to the expense of additional Avorks, or of alterations or deviations from the specifications or plans, or as to any other matter connected with the execution of the works, or with the contract, specifications, drawings, or conditions, or as to any matter which by this contract it is expressly provided is to be settled, ascertained, or determined by arbitration, such dispute shall be referred in writing to the sole determination, arbitrament, and aAvard of the Judge of the Supreme Court assigned to that Judicial District of the Supreme Court within which the w rorks relative to Avhich the dispute shall have arisen have been or are to be'executed, whose aAvard shall be final, binding, and conclusive on all parties: Provided, hoAvever, that before any such dispute as aforesaid shall be so referred, the Contractor shall give to the Minister for Public Works one calendar month's notice in writing of such dispute, and of the matter and cause thereof, and in such notice the Contractor's claim shall be explicitly stated; and if such claim be for pecuniary compensation, the amount thereof shall also be stated. John Cabbuthebs. John Bbogden and Sons.

SPECIFICATION OF THE MANNER OF CONSTRUCTING THE PICTON AND BLENHEIM RAILWAY. GENERAL DESCRIPTION. 1. The line of Railway included under the title " Picton and Blenheim Railway," and to which this specification applies, begins at a point in the ToAvn of Picton and terminates at a point on the Northern Bank of the OpaAva River, as delineated on the accompanying plans and sections ; the total length of the contract being seventeen miles ten chains or thereby, with an addition of one mile of sidings. DRAWINGS. 2. The drawings, including general plans and longitudinal sections, as shown on list A, accompany this Specification. These slioav the character of the works to be executed; further drawings of details Avill be issued from time to time as may be necessary. The general plan is drawn to a scale of three chains to an inch, and shoAvs the course of the Raibvay, the centre line of which has been staked out on the ground, and is represented on the general plan by a red line. The road and stream diversions are shoAvn on the general plan. The longitudinal section is drawn to a horizontal scale of three chains to the inch, and to a vertical scale of thirty feet to the inch. It represents the natural profile of the ground along the centre line of the Railway. The red line shows the level of the bottom of the ballast. On the longitudinal section are shown the positions and sizes of the culverts and bridges described in this Specification. ALIGNMENT OF STEUCTUEES. 3. In the construction of bridges, culverts, road crossings, and generally, it is to be understood that they are to intersect the line of Railway at such angle or curve as may be necessary and approved in each case, although they may be

Description.

Drawings

Alignment,

D.—No. 19.

shoAvn on the drawings straight and at right angles ; and in the interpretation of the drawings and schedules, and of this Specification, it shall be distinctly understood that all works or materials necessary to the due and workmanlike completion of every erection are to be provided, whether specially described or not. CONTEACTOE TO PEOVIDE LABOUE, PLANT, AND MATEEIALS. 4. The Contractor is to provide all labour, tools, implements, plant, and materials, and is well and substantially to construct and complete the Railway in accordance with the plans and specifications, and to deliver the same complete, and is to maintain and keep the said Railway, and all works connected therewith, in perfect order and repair for the space of three months from the delivery of the same to the Government. The said Railway shall be made in accordance with this Specification, and with the plans and sections herein referred to, or with such modifications of the plans and sections as the Engineer shall order, provided such modifications shall not increase the cost of the work. FELLING, CLEAEING, AND GEUBBING. 5. The whole of the timber within one chain and a half of the centre line is to be felled. Of this extent the central chain is to be cleared by removing all logs and underbrush half a chain from the centre line, and to a greater distance where the formation requires it. Throughout all cuttings and along formations on the level, all stumps and roots are to be grubbed out entirely and removed, so as to leave no loose timber whatever, and no stumps within two feet of formation level along centre or within one foot of the surface in the slopes. The Contractor will be permitted to apply to his OAvn use the timber which he has felled for the purpose of clearing the line. FENCING. 6. Two miles of the line are to be fenced on both sides; and Avherever present fences are disturbed or interfered with, they are to be made good at the expense of the Contractor. At all crossings of roads, and other places where cattle stops are used, fences are to be completed across the line up to the cattle stops. The fencing is to consist of post and four rails, the posts to be 6 feet 6 inches long, entirely of heart of black birch, to be sunk eighteen inches in the ground, and securely rammed ; the rails to be split regularly from the tree, to be properly bevelled, free from winding, and to pass completely through the posts one above the other. The whole of the fencing to be of full dimensions and thoroughly substantial —eight panels to go to one chain. EAETHWOEKS. 7. All flax, scrub, rushes, or Maori-heads growing on the line of the Railway, shall be cut down to the full Avidth between the outside of the slopes. No public or private road that crosses or intersects the Railway or works thereof, shall be obstructed by excavation or otherwise, until the Contractor shall have provided such temporary roads as may be necessary for the traffic. The cuttings are to have a base at formation [ level and slopes as shown on longitudinal section, and are to be made in accordance with plan and section attached; but should the Engineer require any of the cuttings or banks to be made with different slopes or bases from those shown on longitudinal section, the difference in cost shall be added to or deducted from the contract sum. Such alteration to be ordered in writing. A drain is to be cut along the bottom of slopes of cuttings, except in rock;; this drain to average 5 cubic feet per lineal yard. Catchwater drains are to be dug above the top of one slope of cuttings, at a distance of from a quarter of a chain to a chain from the top of slopes ; these ditches are to average 5 cubic feet per lineal yard, and are to be true and regular to the inclinations directed; no stumps or roots to be left in them. The embankments must be carried forward uniformly of the proper shape, with such an addition to the heights and widths as a due allowance for the shrink--19

Contractor to provide labour, &c, &c.

Eelling, &c.

Eencing.

Clearing scrub, &c.

Boads not to be obstructed.

Cuttings.

Drains.

Embankments.

61

PICTON TO BLENHEIM.

D.—No. 19,

62

RAILWAY CONTRACTS,

ing of the material requires, so as to avoid as far as practicable the necessity for making subsequent additions either to the heights or widths of the embankments, to bring them to the correct levels and dimensions. Whenever the foundation of an embankment is on sloping ground, the Contractor, if required, must at his own expense cut steps and benches under the base of the embankment. The top of embankment at formation level is to be 10 feet wide; the slopes to be trimmed off to an inclination of one and a half horizontal to one vertical, and to be maintained full and true until the completion of the contract. The Contractor shall, unless otherwise directed by the Engineer, take care not in any way to interfere with or divert the existing drainage areas, and shall leave such stops or stanks in the side cuttings, and take such other precautions, as the Engineer shall think necessary for that purpose. Behind and around culverts and abutments of bridges, the embankments shall be wheeled in and carefully rammed. EETAINING WALLS. 8. At 1 mile 58.30 chains, and at 11 miles 75.50 chains retaining walls are to be built, to consist of 3 feet thickness of good rubble stone laid in lime mortar. It is to be substantially and w rell built, and in a manner specially directed by the Engineer. DITCHES AND DEAIN. 9. When the line crosses SAvamps of a peaty nature, catchwater drains, for a length not exceeding 24 chains in all, are to be cut on the upper side of the line obliquely across the valleys, so as to tap the surface Avater. These ditches shall not exceed, on an average, one and one-third cubic yard per lineal yard, and are to be made at the commencement of the work, and cleaned out from time to time as may be ordered. STEEAM DIVEESIONS. ' 10. All stream diversions are to be grubbed out as described for cuttings, and excavated with regular slopes and inclinations, as will be set out. The stream at 1 mile 75 chains is to be intercepted as high up as may be necessary, and carried past cutting No. 21 in a ditch contouring the hill. This ditch to average 6 feet wide at top, 2 feet wide at bottom, and 2 feet 6 inches deep : to have a regular moderate fall. EOAD ALTEEATIONS. 11. At the places shown on the plan and section, and wherever necessary, the present roads are to be diverted. All such diversions and road approaches to the level crossings are to be completed in a convenient, substantial, and proper manner, Avith the necessary drains, water tables, and side slopes. Such approaches and road diversions are to be formed wdth an inclination not steeper than 1 in 30 for public roads, and 1 in 20 for private roads, except where the present inclination exceeds those rates, in which case the inclination of the new road shall not exceed that of the present road, unless, in the opinion of the Engineer, a steeper is unavoidable. Public roads and approaches to first-class crossings are to be metalled with coarse river gravel or approved hard stone, laid on and spread as directed, so as to average 22 cubic yards per lineal chain of road. Private roads are to be metalled with coarse river gravel or broken stone of approved quality, laid on and spread as directed, so as to average 9 cubic yards per lineal chain. The Avhole of the metal is to be broken to pass through a two and a half inch ring. Ten first-class, and nine second-class, crossings, Avith two cattle-stops to each crossing, as per DraAving No. 5, shall be constructed at public and private roads Avhere directed. They shall be carefully placed as to line and level, and finished in strict conformity with the drawing and the notes thereon. Each level crossing shall be metalled for a length of 66 feet on each side of the centre line, as above specified for the roads, and tile or timber box drains shall be put in the formation ditches where necessary for the drainage of line or road.

Eetaining walls.

Ditches and drains.

Stream diversions,

Road alterations,

Metalling.

Level crossings,

D.—No. 19,

Cattle stops, as shown in Drawing No. 5, are to be put in Avhere directed, not exceeding thirty-four in number, besides those at level crossings. MATEEIALS. 12. Except where otherwise specified, all the materials used under this contract shall be of the following kinds and descriptions : — All masonry, except archwork, coping, and string courses, to be of rubble laid in cement mortar. Bond stones, 2 feet long, to be put in every square yard of both face and back of work. All spalls are to be set in mortar, and not laid dry, and afterwards grouted. Pacework must have no stone containing less than one-quarter of a cubic foot. The work shall be grouted every foot in height. All timber shall be of black birch, totara, or other timber specially approved; it shall be heart-wood, except as shoAvn on Drawing No. 9, and shall be straight and sound, free from shakes, large knots, and other imperfections. The whole of the straps and bolts shall be made of 8.8. crown iron, or other iron of equal quality, of the dimensions shown; the whole to be finished and fixed in a Avorkmanlifce manner. Bolts shown or specified shall have a square head, of which the thickness shall be equal to the diameter of the bolt, and the width twice the diameter of the bolt. They are to be tapped with a good clean thread, and shall have a nut equal in size to the head of the bolt, and shall be provided Avith one or more washers 3 inches in diameter. BEIDGES AND TIMBEE OPENINGS. 13. Bridges, as per detail drawings, shall be erected Avhere shown on longitudinal section. All joints, abutments, shoulders, and sides of tenons and scarfs to be worked perfectly true, and to fit accurately, and to be covered with red lead before being put together. Tenons generally to be 5 inches long, and to be draw-bored to receive trenails of hard wood made Avith hollow auger or trenailing machine. All trenails to be w rell seasoned and kept dry, and to be one-sixteenth of an inch more in diameter than the hole bored for them, and to be covered Avith red lead before being driven. All capsills and mudsills to be morticed on to posts or piles. All string pieces to be accurately notched down to capsills or floor beams by notching f- inch from each, to be scribed and accurately fitted. Diagonal braces, where placed inside the panel, are to be notched together as described for string pieces. All piles are to be rung before driving with a three inch by f inch round hoop. The piles are to be shod AA'ith a substantial iron shoe Aveighing not less than 30 lbs., securely fixed; the point of the pile to be cut true, and to be squared off at the end to 3 inches square, and to have true bearing against the shoe. No pile-driving is to be commenced at any bridge, opening, or other wrork without giving six days' notice previously to the Engineer in charge of the Avorks. In erecting the timber opening shown on drawings with mudsills and plankings, piling is to be substituted where, in the opinion of the Engineer, the nature of the foundation requires it. The Contractor shall provide all proper rods and gauges for setting out and < testing the dimensions of bridges and timber openings that the Engineer may ] require. CULVEETS AND DEAINS. 14. Timber culverts shall be erected where shown on longitudinal section. c The frames shall be accurately mortised, and tenoned, and pinned ; the planking to be securely spiked on to the frames, the AA rhole of the timber to be heart of black birch or totara; the outer side of the planking need not be reduced to the dimensions given, but there must in every case be the full thickness specified of heart timber; the edges of the planking must fit truly for the whole thickness, and the planks must extend over at least tw To panels, and break joints as much as possible. Sufficient catchwater and out-fall drains are to be dug at culverts, and all j stumps and roots occurring in the line of ditch to be taken out.

j Cattle stops.

I Masonry.

Timber.

Malleable iron.

Bolts and nuts.

Bridges.

Joints.

Piling.

Contractor to supply rods and gauges.

Ember culverts.

Masonry culverts.

63

PICTON TO BLENHEIM.

D.—No. 19.

BALLASTING AND PEEMANENT WAY. 15. The ballast is to consist of shingle, broken stones, or sand, previously approved of, and is to amount in quantity to 570 cubic yards per mile. In all cases the embankments and cuttings are to be cleared from mud, and brought to an uniform formation level before the ballast is laid on. The permanent way is to consist of a single line of rails laid to a gauge of 3 feet 6 inches, and sidings provided and laid where directed, amounting in all to one mile of sidings. The Contractor is to provide and have upon the ground at all points where the work is proceeding a sufficient supply of all such templates, tools, gauges, and other implements as are necessary and are usually required in the laying of permanent way, or as may be required by the Engineer. t About three thirty-seconds of an inch of space is to be left betAveen the ends of the rails when fixed in place, or such other space as the Engineer may direct, according to the season. Por the curves, the rails will require bending. This, as well as the straightening of all bent rails, must be effected by a press, or by striking with wooden hand-beetles on wooden blocks. In all cases, whether of straightening of bent rails or of bending rails to the necessary curves, the rails must be set permanently to the form required before being laid, and no temporary bending, springing, or straightening, either by dragging with a lever and hook, or by any other means of a like character, Avill on any account be permitted. Great care must be taken to lay all the sleepers square to the rails on straights, and as near as may be on curves. Where the line is straight, the rails will be level across the line; but where the line is curved, the rails Avill be canted, the difference of level between the two rails being such as the Engineer'shall order. When suitable material for ballast is not found immediately on the line, the sleepers may be laid on formation, being carefully tamped with dry earth. The Contractor will be permitted to run ballast and material trains over the line thus laid at a speed not exceeding six miles an hour, but the ballasting and lifting must be proceeded with with all possible despatch. The changes of gradients shall be made by a gradual curve. There are to be 2,050 sleepers per mile, to be spaced as directed; to be all of heart of black birch [Fagus fiisca or Fagus Solandri), or totara. They shall be 7 feet long, and 7 inches by 5 inches. They are to be flattened top and bottom, true and out of wind; but any extra width beyond 7 inches need not be removed. The rail seats are to be accurately adzed to a correct level. The rails will weigh 30 lbs. to the yard; they will be jointed with Ibbotson's patent steel clip-joint, Aveighing about 12 lbs. each joint, and fastened to the sleepers by six fang-bolts to each rail, and two spikes to each sleeper, where fangbolts are not used. The rails and fastenings will be delivered to the Contractor at the vessel's side, at Picton or Blenheim, and he shall be responsible for all materials delivered to him. USE OF PEEMANENT WAY MATEEIALS BY CONTEACTOE. 16. Permanent way materials shall not be laid doAvn or employed, without the permission of the Engineer, within 100 yards of the face of any excavation or the end of any embankment, nor used for hauling earthwork before the ballast is laid. When the Contractor shall have complied with the above requirements, he may use the rails and other permanent way materials for the purpose of hauling earthwork or materials on parts of the line. SIDINGS. 17. The Contractor shall construct at his own cost, at such points as may bo indicated by the Engineer, one mile of sidings, including the necessary earthwork, ballast, sleepers, and laying of permanent way, similar to that of the main line, without the points and crossings. He shall also make and construct, wherever required, such station-grounds, buildings, points, crossings, extra sidings, telegraph and other things required for station accommodation, and shall land

Ballast.

Permanent way.

Gauges.

Laying of permanent way.

Bending rails.

Laying sleepers.

Sleepers.

Bails and fastenings.

Use of permanent way materials by Contractor.

Sidings.

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RAILWAY CONTRACTS,

D.—No. 19.

and erect such rolling stock as may be furnished by the Government, and shall furnish the Engineer monthly with a detailed statement showing their actual cost, exclusive of all cost of management, properly supported by vouchers or as otherwise directed, and to this cost a sum equal to ten pounds per centum shall be added for Contractor's profits, and this amount shall be in addition to the contract sum. TELEGEAPH. 18. A single Avire telegraph will be constructed and paid for as for station accommodation, and the use of it allowed to the Contractor during the construction of the works. During the period of maintenance the Government will transmit, free of charge, all messages sent by the Contractor on the business of the Railway. USE OF EOLLING STOCK. 19. The Government will furnish the Contractor Avith such locomotives and rolling stock as they may have on the line, the Contractor to pay the wages of the engine-drivers and stokers, who must be approved by the Engineer, and to furnish fuel, water, oil, grease, Avaste, &c, at his own expense. The Contractor shall also return such rolling stock as may be lent to him in as good order as when received by him —reasonable tear and wear excepted. In the event of the Government being unable to supply locomotives and rolling stock when needed by the Contractor, an extension of time Avill be granted for the completion of the contract; such extension of time to be fixed by the Engineer. MAINTENANCE. 20. During the period of maintenance, the Contractor shall furnish not less than 1,000 cubic yards of ballast per month. John Cabbuthebs. John Bbogden and Sons.

Telegraph.

PICTON AND BLENHEIM EAILWAY. List A. Drawing No. I—Waitohi Bridge. „ 2—Bridge over the first crossing of the Tua Marina and Spring Creek Eivers. ~ 3—Tua Marina second crossing and Wairau Bridge. „ 4 —General Design of Trestles and Culverts. „ s—Level5 —Level Crossings and Cattle Stops. „ 6—Banks and Cuttings. „ B—Plans and Sections, sheets 1 to 18. John Caeeuthees. John Beogkden and Sons.

65

PICTON TO BLENHEIM.

67

D.— No. 19.

Abticles oe Agreement made and entered into this tenth day of August, 1872, between the Govebnob of Neav 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, Railway Contractors (hereinafter referred to as "the Contractors"), of the other part: Whereas 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 Dunedin, in the Province of Otago, to Clutha, in the said Province (Avhich said Railway is hereinafter referred to as " the Railway herein mentioned") : And whereas by the said Amending Act if 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 NeAV Zealand, on behalf of the Queen, has agreed Avith 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 Avitness that Her Majesty the Queen, for herself, her heirs and successors (all of Avhom 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 respectively, doth hereby covenant with the Contractors, then executors, administrators, and assigns (all of Avhom 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, DraAvings, 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, Avhether such Avorks, 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, in terms of the Specification, the iron rails and fastenings required for the permanent way and the rolling stock respectively mentioned in the Specification. 3. That the Queen Avill pay the Contractors for the construction and execution of the said Avorks, and the maintenance thereof, for the period of three months 21

TAIERI CONTRACT OF THE DUNEDIN AND CLUTHA RAILWAY.

D.—No. 19

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RAILWAY CONTRACTS,

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 forty-three thousand eight hundred and thirty-five pounds (exclusive of the supply of such plant and materials as by the said Specifications and Conditions it is provided the Queen or the GoArernment of New Zealand shall 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). 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. Lastly. The parties hereto shall and will each respectively perform, observe, and fulfil all and singular the conditions and stipulations expressed or contained in the said General Conditions and Specifications, and which thereby it is provided shall be performed, observed, or fulfilled by such parties respectively. In witness Avhereof the Seal of the Colony has hereunto been affixed, and the said Contractors have hereunto set their hands and seals, the day and year first above AA rritten. Sealed with the Seal of the Colony, "j and signed by the Governor, in / G. P. Boaven, the presence of V Governor. William Pox. ( J. D. Ormond. J Alexander Bbogden, Signed, sealed, and delivered by the By his Attorney, James Brogden. above-named Alexander Brogden, (Seal.) Henry Brogden, and James I Henry Bbogden, Brogden, in the presence of By his Attorney, James Brogden. Wm. Thos. Locke Tbavebs, (Seal.) Solicitor, Wellington. James Bbogden. (Seal.) (Seal of the Colony,) Approved in Council, August 10th, 1872. POBSTEB GOBING, Clerk of the Executive Council.

DUNEDIN TO CLTJTHA.

69

D.—No. 19.

GENERAL CONDITIONS FOR THE TAIERI CONTRACT OF THE DUNEDIN AND CLUTHA RAILWAY. % r ~— — --— v __. .^_

INTEEPEETATION CLAUSE. 1. In these Conditions the Avords "Minister for Public Works " shall mean the Minister for Public Works appointed under " The Immigration and Public Works Act, 1870," or any Minister or person for the time being authorized by the Governor to act for such Minister in respect of the special work contracted for; the Avord " Engineer " shall mean the Engineer for the time being who shall have principal charge of the Avorks on behalf of the Government; and the Avord "Contractor" shall mean "Contractors" AA rhen tw ro or more persons tender or contract jointly for the work; and the Avord "month" shall mean "calendar month." WORKS, &c, TO BE ACCORDING TO DRAWINGS AND SPECIFICATIONS, AND TO THE SATISFACTION OF THE ENGINEER. 2. All the materials used are to be the best of their respective kinds, and all works of every description throughout are, subject to the provisions hereinafter contained, to be executed conformably to the several drawings and details prepared or that may be prepared for that purpose, and herein referred to, in the strictest accordance with the provisions of the specifications, and in the best, most substantial, and workmanlike manner, and to the satisfaction of the Engineer; and should any Avork not be so executed, it shall be immediately altered and amended at the cost of the Contractor. PLANS, &c. 3. A copy of the plans and drawings, with the specifications, shall be furnished to the Contractor by the Engineer, and the plans and draAvings referred to in the specification, and the specification, shall be taken together to explain each other; and if, in the execution of the Avorks, it shall be found that anything has been omitted or mis-stated either in the draAvings or specification, Avhich is necessary for the proper performance and completion of any part or parts of the works, the Contractor shall at his oavu cost and expense execute the same, and proA ride Avhatever may be requisite for so doing, provided the extra cost thereof shall not exceed the sum of £200 in each particular case. Any Avritten dimensions on the drawings shall be taken in all cases in preference to measurements by the scale attached, and anything contained either in the drawings or specification shall be equally binding on the Contractor as if it were contained in both; and in case the written or figured dimensions on the drawings shall disagree Avith the scaling, or in case there shall be any discrepancy between the draAvings and specification, or any ambiguity in them, such occurrence shall not invalidate the contract, but the same shall be rectified by the Engineer if thought requisite, and the Contractor shall not be entitled to make any claim or demand for compensation or damages on account of such discrepancy or ambiguity. If neither the drawings nor the specification contain any notice of minor parts, the intention to include which is nevertheless clearly to be inferred, and which parts are obviously necessary for the workmanlike completion and stability of the work, all such parts are to be made and executed by the Contractor Avithout extra charge, and are to be deemed by him as included in the sum at which he contracts for the Avorks. EXTRA WOEKS AND ALTEEATION OF WOEKS. 4. The Contractor is to make and execute, in the like manner as aforesaid, and Avith the like materials as aforesaid, any additions, deviations, or alterations to, from, or in the works, which the Engineer may from time to time, previously 22

D.—No. 19

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RAILWAY CONTRACTS,

to the commencement or during the progress of the Avorks, by an order in writing, require, at and for such prices or rates as shall be agreed upon in writing between the Contractor and the Minister for Public Works. In case of non-agreement as to price, the work shall be done by the Contractor as required by the Engineer, and the price thereof shall be settled by arbitration as hereinafter provided, and shall Avhen so ascertained be added to and thenceforth deemed to be part of the contract price for the works to be executed under this contract; but no additions, deviations, or alterations whatever, which shall be claimed by the Contractor, Avill be admitted or recognized under any circumstances, or Avill be allowed or paid for, which shall be done or executed without or contrary to any previous order from the Engineer in writing as aforesaid: Provided always that no addition, deviation, or alteration from the plans and specifications to be ordered by the Engineer as aforesaid shall involve an increased expenditure in connection with the works or any part thereof, unless distinctly authorized by writing under the hand of the Minister for Public Works, who, before authorizing any such deviation, shall obtain from the Engineer an estimate of the increased expenditure arising therefrom : Provided also that in all cases where such deviation, addition, or alteration as last aforesaid, from the plans and, specifications, shall involve an outlay exceeding £500, the consent of the Governor in Council shall first be obtained. And in all cases it shall be the duty of the Contractor to satisfy himself that such addition, deviation, or alteration (if any) has been duly authorized in the manner required by "The Immigration and Public Works Act, 1870," and also, that to any such outlay as aforesaid, requiring the consent of the Governor in Council as aforesaid, such consent has been obtained, as required by the said Act. OMISSION OF POETIONS OF WOEKS. 5. To the Minister for Public Works there is reserved the right from time to time of requiring the omission of any particular portion or portions of works described in the specification or shown on the drawings, and of deducting the value thereof from the amount of the contract, such value to be agreed upon between the Minister for Public Works and the Contractor, or in case of difference to be settled by arbitration as hereinafter provided; but the Contractor shall be entitled to be paid a sum of ten per cent, on the agreed or ascertained value of the work omitted; such sums for omissions to be paid on the completion of the contract. MATEEIALS, LABOUE, &c. 6. The Contractor shall provide, at his oaa'u. costs and charges, all materials, labour, tools, plant, tackle, machinery, scaffolding, waggons, cordage, cartage, stores, planking, centres, coffer dams, diving bells, staging, diving dresses, and everything necessary for the proper execution and completion of the several works, and centres must not be struck without the written authority of the Engineer. The Contractor is also to provide, at his cost, for keeping all the trenches and foundations free from water, and for preventing all slips of ground into the trenches. All material and all prepared work brought upon the ground of the works for use therein is to be considered the property of the Queen, and the Contractor shall not take away any such material or work without the written authority of the Engineer, unless the same shall be required for the purposes of other works under this contract. The Contractor will be required to set out accurately, at his OAvn expense, all the Avorks comprised in this contract, agreeably to the draAvings and specifications, and shall be held responsible for their being so set out and executed accordingly. EEMOVAL OF IMPEOPEE MATEEIALS. 7. It shall be lawful for the Engineer to order the removal from the works of any materials, whether fixed or not, which may appear to him to be of an inferior or improper description, and the Contractor shall remove the same, within twentyfour hours after a written notice in that behalf given to him by the Engineer; and in case of neglect or refusal to remove the same according to such notice, the Engineer shall have power to remove the same at the cost of the Contractor.

71

D.—No. 19,

DUNEDIN TO CLUTITA.

CONTEACTOE TO BE EEPEESENTED. 8. The Contractor at all times during the progress of the works, when he is not personally superintending them, must have a responsible agent or overseer stationed on them, to receive instructions from the Engineer, and to represent him for all the purposes of this contract. PEOGEESS OF WOEKS. 9. If the Contractor shall, in the opinion of the Engineer, fail to make such progress with the w rorks as the Engineer shall deem sufficient to insure their completion Avithin the specified time, or if the Contractor shall use or employ bad or insufficient materials, or execute any work in an imperfect manner, and shall fail or neglect to rectify any such cause of complaint for fourteen clays after being thereunto required in Avriting by the Engineer, or if the Contractor shall, in the judgment of the Engineer, commit a Avilful breach of his contract, then, and in any of such cases, it shall be lawful for the Minister for Public Works, by any instrument in writing under his hand delivered to the Contractor, or to his representative on the works, or left at the Contractor's usual or last known place of abode or business, absolutely to determine this contract, and from and after the delivery of the said instrument as aforesaid, the contract shall be absolutely determined; and in the event of such determination happening, then it shall be laAvful for the said Minister, after having delivered such instrument to the Contractor as aforesaid, to take the Avorks out of the Contractor's possession, and at the option of such Minister either to carry the works on under the Engineer or by another Contractor, and that either after advertising for Contractors or without doing so, as he shall think fit; and all the materials, implements, and plant then upon or used in connection with the works may be used in and applied for the purpose of completing the works; and on the final completion of the works, if it should be found that the balance of the contract price remaining unpaid, if any, and the deposit money and percentages, together with the net proceeds realized by the sale of the then residue of such materials, implements, and plant as aforesaid, after being sold in any way that may appear to be most advisable to the Minister for Public Works, is not sufficient to meet the outlay incurred in completing the works in all respects, then the Contractor, his executors or administrators, shall be bound to pay to the Minister for Public Works the surplus expenditure above such balance, and other sums as aforesaid. But if, on the other hand, the works shall be completed within the contract price, then there shall be paid to the Contractor, or his executors, administrators, or assigns, such balance as may be due to him or them, including the deposit money and percentages or retention money, if any, but without any interest thereon ; and the Engineer shall, within fourteen days after such balance has been ascertained to be due, grant authority to the Contractor or his representatives for the removal of all surplus material, implements, and plant belonging to him or them, and remaining on the Avorks after their completion, if not sold as before mentioned. But it is herein expressly provided that, in the event of any materials, implements, or plant being returned to the Contractor or his representatives, or being allowed to be removed by him or them as aforesaid, Her Majesty the Queen shall not be in any way liable for any loss, diminution, Avear and tear, or injury, such materials, implements, or plant may have sustained during the completion of the work. CONTEACTOE NOT TO SUBLET WORKS TO PEESONS PEEVIOUSLY OBJECTED TO— BANKRUPTCY, INSOLVENCY, OE DEATH. 13. The Contractor shall not sublet any portion of the works to any person who shall have been previously objected to by the Engineer by notice in writing to the Contractor. If the Contractor become bankrupt or insolvent, or shall make an assignment of his estate for the benefit of his creditors, or shall die before the final completion of the contract, then it shall be lawful for the Minister for Public Works, on behalf of the Queen, summarily, and of his OAvn authority, and without any process of law for that purpose, to take possession of the works, and to take them out of the hands of the Contractor, or of his executors, or administrators, or of the assignees or trustees of his estate, and to employ persons for

D.—No. 19

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RAILWAY CONTRACTS,

the execution and completion of the same, and that either after advertising for contractors or Avithout doing so, as he shall think fit; and all the then remaining materials, implements, and plant aforesaid may be used in and applied for the purposes of the Avorks; and on the final completion of the works, if it should be found that the balance of the contract price remaining unpaid, if any, and the deposit money and percentages aforesaid, together with the value of the remaining materials, implements, and plant as aforesaid, after being sold in any Avay that may appear to be most advisable to the Minister for Public Works, is not sufficient to meet the outlay incurred in completing the Avorks in all respects, then the Contractor, his executors or administrators, shall be bound to pay to the Minister for Public Works the surplus expenditure above such balance, and other sums as aforesaid; and in the case of bankruptcy or insolvency, then Her Majesty the Queen shall rank as a creditor to the amount of such surplus. But if, on the other hand, the works shall be completed within the contract price, then there shall be paid to the Contractor, or his executors, administrators, or assigns, such balance as may be due to him or them, including the deposit money and percentages or retention money, if any, but without any interest thereon; and the Engineer shall, within fourteen days after such balance has been ascertained to be due, grant authority to the Contractor or his representatives for the remoA^al of all surplus material, implements, and plant belonging to him or them, and remaining on the works after their completion, if not sold as before mentioned. But it is herein expressly provided that, in the event of any materials, implements, or plant being returned to the Contractor or his representatives, or being alloAved to be removed by him or them as aforesaid, Her Majesty the Queen shall not be in any way liable for any loss, diminution, wear and tear, or injury, such materials, implements, or plant may have sustained during the completion of the work. LIABILITIES OF CONTEACTOE. 14. The exercise by the Minister for Public Works, or Engineer, of any of their respective powers shall not relieve the Contractor from any liability to which he may be subject for any breach of the contract. TIME OF COMPLETION. 15. Subject as herein provided, the Contractor shall complete the Avhole of the works of this contract on or before the first day of September, one thousand eight hundred and seventy-five, failing which the Minister for Public Works shall be entitled to deduct from the final balance due to the Contractor a sum calculated at the rate of Three pounds per cent, per annum on all moneys which shall have been paid to the Contractor under this contract, computed from the date on Avhich the work ought to have been completed under this contract up to the date of the completion of the work: Provided that if the Minister for Public Works shall have taken over as completed any portion of the Avork, the cost of that portion shall not be included in the calculation last aforesaid. But in the event of the Contractor being prevented by earthquake, tempest, flood or otherwise by the act of God or by the act of the Queen's enemies, rebellion, restraint of princes, or otherAvise by anything in the nature of vis major, or by reason of any strike amongst the workmen engaged upon the Avorks, or by reason of any alterations, deviations, or additions, or extra Avorks being required, or in case of any delay in furnishing any material to be supplied to the Contractor by the Governor, the Engineer shall allow such an extension of time as he shall think adequate for such enforced delay, or for such alterations, deviations, additions, or extra work; and at the expiration of the time so allowed, the deductions or sets-off for delay shall come into operation. SUSPENSION OF WOEKS. 16. The Contractor, on receiving a Avritten notice from the Engineer, shall suspend, or stop, the whole or any portion of the Avorks as may be directed, and the Governor, on behalf of the Queen, shall make good to the Contractor any loss or damage he may sustain through such suspension or stoppage, to be ascertained,

DUNEDIN TO CLUTHA.

73

D.—No. 19.

in case of non-agreement between the Contractor and the Minister, by arbitration, as hereinafter mentioned; and the Minister for Public Works shall in no case be bound to give the Contractor possession of the ground or work until thirty days after the signature of the contract by the Contractor; but a commensurate extension of time for completing the works will be alloAved 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, &o. 17. The Contractor shall also provide for effectually securing and covering the several walls and w rorks 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 Avorks 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 oAvn 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 Avill not be held responsible, and, in case of dispute, the matter shall be settled by arbitration, as hereinafter provided. TEESPASS. 18. 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 Avith this contract, without the consent of the occupier or OAvner, 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 Raihvay fences, nor shall he open or throAA r clown 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 WOEKS. 19. 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, materials, &c, necessary for such maintenance for a period of 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 Avhole works in good and sufficient condition, and to the satisfaction of the Engineer. The Contractor shall also be liable for any accident, damage, or injury Avhatsoever to the public or any private person Avhich may be caused by his operations during the progress of the Avorks, 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 othei'Avise, as required by the Engineer, to prevent stoppage of public traffic. LAND. 20. The Minister for Public Works Avill, 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 Avorks. 21. 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 23

D.—No. 19.

74

RAILWAY CONTRACTS,

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. 22. If any delay shall take place in giving to the Contractor the 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 dispute, by arbitration, as hereinafter provided. POWER TO REQUIRE DISMISSAL OF ANY WORKMAN. 23. The Engineer may require the dismissal Avithin twenty-four hours by the Contractor of any agent, overseer, foreman, workman, or other person employed by him on the Avorks, for incompetency or misconduct, and any man so dismissed shall not be again employed upon the works. TRUCK SYSTEM NOT ALLOWED. 24. The Avorkmen, tradesmen, and labourers of every class employed on the works to which these Conditions refer, shall be paid their Avages in full in money of the current coin of the Colony, and no ticket or other system of payment by provisions, liquors, or goods will on any pretence be alloAved, nor shall the Contractor or any person or persons employed by him, or in any Avay connected with him, establish any shop for the supply of liquors, provisions, or goods, nor shall the Contractor oblige his Avorkmen to take provisions, liquors, or goods of any kind from any person in particular. The Avorkmen 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 public-house, or other place where liquors or refreshments are sold. PAYMENTS. 25. Payments will be made monthly, for each calendar month, as the Avorks proceed, on the certificate in Avriting 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 A'alue of such plant and materials on the ground as may be approved by the Engineer as fit and necessary for the Avork, as estimated by the Engineer, having due regard in such estimate to the actual value thereof; such certificates for Avork done, and materials and plant supplied, in each calendar month, to be delivered to the Contractor within fourteen clays after the termination of such month, and the balance, less 5 per cent., together with the amount deposited as cash security, if any, in fourteen (14) days, or as nearly as may be, after the Engineer shall have certified Under his hand that the works have been finally and satisfactorily completed, and that such balance, together with the cash security, is due to the Contractor. The said 5 per cent, will be retained for three months to insure the fulfilment of clause 19 of these Conditions, and from which sums may be deducted the costs of any repairs or defects, fulling the Contractor executing the same: Provided always that no sum or sums of money shall be considered to be due or owing to the Contractor, nor shall the Contractor make any claim for or on account of any work executed or maintained by him, or for or on account of plant or materials supplied by him, unless such certificate as aforesaid shall have been given by the Engineer as aforesaid; nor shall any sum or sums of money so certified be considered to be made payable to the Contractor until the expiration of fourteen clays after such certificate shall haA re been presented to the Minister for Public Works; nor shall any omission to pay the amount of such certificate at the time the same shall be held payable be deemed or held to be a breach of or to vitiate the contract, but in case of such omission the Contractor shall be entitled to interest on the amount certified for, at the rate of ten pounds per centum per annum, for such time as such omission shall continue.

DUNEDIN TO CLUTHA.

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D.—No. 19.

NEGLECT TO CERTIFY. 26. In case the Engineer shall neglect or refuse to certify the amount due to the Contractor in respect of the work, or plant or materials, in manner and Avithin the times mentioned in the foregoing condition, and shall continue such neglect or refusal for a period of fourteen days succeeding the fourteenth day after the end of the month in Avhich the work Avas done, or the plant or material supplied, as the case may be, the Contractor shall be entitled to measure and value the same, having due regard in his estimate to the actual value thereof, and the measure and value so estimated by the Contractor shall bo temporarily accepted by the Governor so far as regards the progress payment to be made to the Contractor in respect thereof under the foregoing condition, and the payment provided by that condition shall be made accordingly, Avith interest thereon, at the rate of Ten pounds per centum per annum, during the period of delay occasioned by the neglect or refusal of the Engineer : Pro Aided always that in all cases in Avhich a certificate shall, within the period or further period hereinbefore provided, as the case may be, have actually been delivered to the Contractor, such certificate shall, for the purpose of the progress payment to be made thereunder, be conclusive; and in case of any dispute betAveen the Contractor and the Engineer as to the estimate therein made of A^alue of work done, or plant or materials provided, as the case may be, of which dispute notice shall have been given by the Contractor to the Minister for Public Works within fourteen days after the delivery of the certificate to the Contractor, such dispute shall be referred to arbitration as hereinafter mentioned. PROGRESS PAYMENTS WITHOUT PREJUDICE, &c. 27. No certificate given to the Contractor for the purpose of any progress payments shall prevent the Engineer, at any future time before the termination of the contract, from rejecting all unsound materials and improper workmanship discovered subsequently to the giving of the last previous certificate; and notAvithstanding the giving of any certificate that portions or the AA rhole of the works have been satisfactorily performed, the Engineer may require the Contractor to remove and amend, at any future time previously to the final payment on account of the construction or maintenance of the wrorks, any work that may be found not to be performed in accordance with the contract, and the Contractor must remove and amend, at his OAvn cost, all such work when so required, notAvithstanding any approval made or given by the Assistant Engineer or Inspector. The Minister for Public Works shall haAre poAver, on the report of the Engineer that the Avork approved of as aforesaid is not in accordance with the contract, to deduct from any moneys that may be due or that may become due to the Contractor the Avholc amount that has been paid on account of such Avork. If, in the opinion of the Minister for Public Works, further inquiry is desirable or necessary before any certificate is paid, the Minister for Public Works shall have power to suspend the payment of all or any part of the amount mentioned in any such certificate for a period not exceeding one month from the date at Avhich, in the ordinary course, the money would have been paid; and in such case, on payment of the amount payable, the Contractor shall be entitled to receive interest at the rate of Ten pounds per centum per annum during such additional delay. STAMPS, LICENSE FEES, &c. 28. The Contractor shall bear and pay all costs, charges, and expenses of preparing, executing, and completing this contract, and all duty stamps, licenses, Building Surveyor's fees, or other charges or fees whatsoever lawfully demanded by the Municipal or other authorities. CUSTOMS AND WHAEF DUTIES, &c. 29. In the event of the Contractors being compelled to pay any Customs duties or Avharf clues or fees on any goods imported into New Zealand by them for the purposes of the said works, or transhipped or carried by them from any port or place in New Zealand to any other place in NeAV Zealand, the Queen shall

D.—No. 19,

76

RAILWAY CONTRACTS,

and will repay the same to the Contractors, after one month's notice in Avriting by the Contractor to the Minister demanding payment thereof and giving details of such payment, and the production of vouchers or other proof of such payment. WORKMEN TO BE CARRIED FREE ON EXISTING LINE. 30. The Contractors are to be entitled to free passes upon the Balclutha Raihvay, during the whole period appointed for the construction of the Avorks mentioned in this Contract, as ordinary passengers upon the said RaihAray, for all persons in their employment for the time being actually engaged in connection with the said works, and the Manager for the time being of the said Railway shall at all times, on the application of the Contractors, or their Agent upon the Avorks, give to such persons or person as are named in any such application waitten free passes accordingly. AEBITEATION. 31. Should any dispute arise between the Contractor and the Engineer, or between the Contractor and the Minister for Public Works or the Government, relative to the force and intent and meaning of the specifications, draAvings, or conditions, or to the mode of carrying on the Avorks, or the nature or quality of materials used or supplied to be used, or workmanship of work done, or as to the maintenance of the works, or as to the expense of additional Avorks, or of alterations or deviations from the specifications or plans, or as to any other matter connected with the execution of the works, or with the contract, specifications, drawings, or conditions, or as to any matter Avhich by this contract it is expressly provided is to be settled, ascertained, or determined by arbitration, such dispute shall be referred in writing to the sole determination, arbitrament, and aw rard of the Judge of the Supreme Court assigned to that Judicial District of the Supreme Court within which the works relative to wdiieh the dispute shall have arisen have been or are to be executed, whose award shall be final, binding, and conclusive on all parties: Provided, howrever, that before any such dispute as aforesaid shall be so referred, the Contractor shall give to the Minister for Public Works one calendar month's notice in writing of such dispute, and of the matter and cause thereof, and in such notice the Contractor's claim shall be explicitly stated; and if such claim be for pecuniary compensation, the amount thereof shall also be stated. John Cabbuthebs. John Bbogden and Sons.

SPECIFICATION OF THE MANNER OF CONSTRUCTING THE TAIERI CONTRACT OF THE DUNEDIN AND CLUTHA RAILWAY. GENERAL DESCRIPTION. 1. The line of Railway included under the title " Taieri Contract of the Dunedin and Clutha Railway," and to wliich this Specification applies, begins at a point on the eastern side of the Chain Hills, about 460 yards southward from Abbott Royal Parm House, and ends at a point in Section 3, Block XXXIX., Tokomairiro District, about 950 yards northwards from the Main South Road, as delineated on the accompanying plans and sections ; the total length of the contract being thirty-four miles fifty-five chains or thereby of main line, and Avith an addition of tAvo miles of sidings. DRAWINGS. 2. The draAvings, including general plans and longitudinal sections, as shoAvn in list A, accompany this Specification. These show the character of the works to be executed, further draAvings of details will be issued from time to time as may be necessary. The general plan is draAvn to .a scale of three chains to an inch, and shows the course of the Raihvay, the entire line of which has been staked out on the ground with stakes, and is represented on the general plan by a red line.

Description,

Drawings-

DUNEDIN TO CLUTIIA.

77

D.—No. 19-

The road and stream diversions are shown on the general plan. The longitudinal section is drawn to a horizontal scale of three chains to the inch, and to a vertical scale of fifteen feet to the inch. It represents the natural profile of the ground along the centre line of the Raihvay. The red line shows the level of the bottom of the ballast. On the longitudinal section are shown the positions and sizes of the culverts and bridges described in this Specification. ALIGNMENT OF STRUCTURES. 3. In the construction of bridges, culverts, road crossings, and generally, it is to be understood that they are to intersect the line of Raihvay at such angle or curve as may be necessary and approved in each case, although they may be shown on the draAvings straight and at right angles ; and in the interpretation of the draAvings and schedules, and of this Specification, it shall be distinctly understood that all works or materials necessary to the clue and workmanlike completion of every erection are to be provided, whether specially described or not. CONTRACTOR TO PROVIDE LABOUR, PLANT, AND MATEEIALS. 4. The Contractor is to provide all labour, tools, implements, plant, and materials, and is well and substantially to construct and complete the Railway in accordance with the plans and specifications, and to deliver the same complete, and is to maintain and keep the said Raihvay, and all works connected therewith, in perfect order and repair for the space of three months from the delivery of the same to the Government. The said Raihvay shall be made in accordance with this Specification, and with the plans and sections herein referred to, or with such modifications of the plans and sections as the Engineer shall order, provided such modifications shall not increase the cost of the work. FENCING. 5. The Avhole of the Raihvay shall be securely fenced on both sides, except at those places where large ditches are cut, and on the outside of the line at the Taieri River and Waihola Lake. The present fences on the Avest side of the line on the Taieri and Tokomairiro Plains may be alloAved to remain, provided they are put in thorough repair and left in a condition at least equal to that of any of the fencing to be erected on the other parts of the lines. The fencing shall be of three kinds, as shown on Drawing No. 1, and described in the special specification annexed. The lengths of the different kinds to be provided shall be as follows:—■ Repairing present fencing, 500 chains; Sod fencing, 500 chains; Nos. 2 and 3, 3,080 chains. EAETHWORKS. 7. All flax, scrub, rushes, or Maori-heads growing on the line of the Raihvay, shall be cut down to the full width between the outside of slopes. No public or private road that crosses or intersects the Raihvay or works thereof, shall be obstructed by excavation or otherwise, until the Contractors' shall have provided such temporary roads as may be necessary for the traffic. The cuttings are to have a base at formation level of 10 feet in rock, 11 feet < in loose rock, and 13 feet elseAvhere, and are to be made in accordance with plan and section attached; but should the Engineer require any of the cuttings or banks to be made with different slopes from those shown on Drawing No. 1, the difference of cost shall be added to or deducted from the contract sum. Such alteration to be ordered in writing. A drain is to be cut along the bottom of slopes of cuttings, except in rock ; ] this drain to average 5 cubic feet per lineal yard. Catchwater drains are to be cut above the top of one slope of cuttings, at a distance of from a quarter of a chain to a chain from the top of slopes ; these ditches are to average 5 cubic feet per lineal yard, and are to be true and regular to the inclinations directed; no stumps or roots to be left in them. The embankments must be carried forward uniformly of the proper shape, ] with such an allowance to the correct heights and widths as a due alloAvance for the 24

Alignment.

Contractor to provide labour, &c.

Clearing scrub, kc.

Boads not to bo obstructed.

Cuttings.

Drains.

Embankments.

D.—No. 19.

78

RAILWAY CONTRACTS,

shrinking of the material requires, to avoid as far as practicable the necessity for making subsequent additions either to the heights or widths of the embankments, to bring them to the correct levels and dimensions. Whenever the foundation of an embankment is on sloping ground, the Contractor, if required, must at his own expense cut steps and benches under the base of the embankment. The top of embankment at formation level is to be 10 feet wide; the slopes to be trimmed off to an inclination of one and a half horizontal to one vertical, and be maintained full and true until the completion of the contract. The Contractor shall, unless otherwise directed by the Engineer, take care not in any Avay to interfere with or divert the existing drainage areas, and shall leave such stops or stanks in the side cuttings, and take such other precautions, as the Engineer shall think necessary for that purpose. Behind and around culverts and abutments and wing walls, the embankments shall be wheeled in and carefully rammed to an extent not exceeding 10,000 cubic yards. The rock embankment at Chain Hills shall be made to the form and dimensions shown in Drawing No. 1. The materials for the embankments through the Taieri swamps is to be taken out along the line in the form of large ditches. Unless otherwise directed, each of these ditches is to be of a uniform width at bottom throughout its entire length, and with gradients as will be set out. The sides of the ditches shall be battered at the rate of three-quarters to one, and shall be neatly trimmed off from top to bottom. The minimum distance from the foot of the embankment to the ditch shall be 10 feet on the east and 20 feet on the west side. The Contractor will only be allowed to take two-thirds of the materials required in the embankment from the ditch on the east side. Prom v 2 miles to m a row of willow cuttings or seedlings shall be planted on the west side of the line. The plants are not to be more than five feet apart. EETAINING WALLS. 7. Retaining Avails (the form shoAvn on Drawing No. 1) shall be built on the outside of the embankments from gto &; they shall be twenty-one inches broad at the top, vertical on the inside, and battered at the rate of a quarter to one on the outside. The formation shall be taken out to a uniform plan at right angles to the face of the Avail, and the first course firmly bedded on the solid. The masonry shall consist of substantial dry rubble work, to the satisfaction of the Engineer, Avell packed and bonded together Avith bond stones three feet long, where the thickness of the wall permits, to every superficial yard of face, and where the wall exceed five feet thick of back also. A rough coping of the dimensions shown is to be placed on the Avail. It shall be constructed of thin stones set on edge and Avell pinned. The coping is to be laid in mortar composed of two parts of clean sharp sand, and one part of the best Provincial lime, mixed and prepared as shall be directed. The stones used for these Avails shall be schist, blue stone, or other building stone of equal quality. The Contractor will have the option of dispensing Avith the retaining wall, but should he do so the outside slopes of the rock embankment shall be flattened to 1^ to 1, and he aaIII be required to lengthen the culverts and drains at his own cost. PITCHING. 8. The outer slopes of all embankments outside the water line from v to fg shall be protected with pitching of blue stone, or other hard stone of equal quality, placed as shown on Drawing No. 1. The pitchers shall be at least 6 inches deep. The first roAV is to be laid one foot below the ground, the trench being carefully filled in and rammed when the stone work has reached the surface. DITCHES AND DEAINS. 9. Ditches for the accommodation of the various small creeks and other watercourses interfered with shall be cut in the positions shown in the general plan. They shall be at least 2 feet AA'ide at bottom, 3 feet wide at top, and 2 feet deep,

Drainage not to be interrupted.

Punning.

Bock embankment.

Embankments through swamps.

Planting willows.

Retaining walls.

Coping.

Contractor may dispense with retaining wall.

Pitching.

Ditches and drains.

DUNEDIN TO CLUTHA.

79

D.—No. 19

and shall have an uniform fall from where they leave to where they rejoin the present courses. In addition to the ditches shown, the Contractor is required to estimate and provide for the construction of 100 chains of ditching of the above dimensions and descriptions at undefined places. STREAM DIVERSIONS. The folloAving streams shall be diverted into the positions shoAvn on the general plan :— No. 1. Abbott's Creek near «fr. No. 2. Branches of Abbott's Creek near $-, No. 3. Branch of OAvhiro Creek near -? T . No. 4. Owhiro Creek from H to ||. No. 5. Creek near ¥• No. 6. Mouth Tokomairiro River near ff. No. 7. Creek near }$. The minimum dimensions of the neAV channels for these streams shall be as folloAvs:— Nos. 1, 3, and 4, 4 feet Avide at bottom, 14 feet wide at top, and 5 feet deep. Nos. 2, 5, and 7, 3 feet wide at bottom, 8 feet Avide at top, and 4 feet deep; and No. 6as shown in DraAving No. 6. They are all to have a uniform inclination from the points where they leave to where they rejoin the present courses. The old Avatercourses shall in every case be filled in for a distance of 20 feet at the upper end to the level of the adjoining land, and the filling at the commencement of diversions Nos. 1, 4, and 6, is to be protected to a height of 3 feet by stone pitching, as specified for the embankment at the Waihola Lake. EOAD ALTEEATIONS. 11. The following Public Roads shall be diverted or 'otherwise altered :— Main roads near A, ft, ff, and y ; and District Roads near T % %, W, H, if, ¥, IS, ff, U, H, H, fi, », ff, ft, If, ff, V, ff, and f£, The Main Roads at ff and ff, and the District Roads at T s 3 shall be diverted into the positions shown on the general plan, but all other roads shall only have their levels altered. The Main Roads shall be formed to a width of 20 feet, 15 feet in the centre being covered with 2^ inch bluestone metal, 12 inches thick. The District Roads shall be formed 15 feet wide, and covered for 12 feet in the centre Avith 8 inches of metal as above specified. The slopes of cuttings and embankments in road alterations, and the mode of trimming them off and draining the road, shall be the same as specified for the raihvay. The roads are to be formed with a rise in the centre of 1 inch for every foot in width. The old metal or other materials on the present road may be used in reforming them, if suitable, but the Contractor will be bound to make good all defects therein, and leave the roads in a condition at least equal to that in which they were found. Where no section is given of the proposed alterations, the gradients on each side of the line shall in no case be steeper than 1 in 15 for main and 1 in 10 for District Roads, with a level portion in the centre 33 feet long, except where the present inclination exceeds these rates, in which case the inclination of the new road shall not exceed that of the present road, unless, in the opinion of the Engineer, a steeper slope is unavoidable. The District Roads at a,§, &, H> Wi ¥, M, If, and v- shall be metalled to the full length of the alterations, but the others are not to be metalled, except as specified under " Level Crossings." In addition to the road alterations above specified or shown on drawings, the: Contractor shall estimate and provide for 1,000 cubic yards of earthwork, and 500 ' cubic yards of metalling, to be executed in forming private roads to the line in such positions and to such extent as shall be directed by the Engineer.

I Ditches not shown j on plans.

! Stream diversions.

, Filling old courses.

Boad alterations.

Forming.

Slopes, &c.

Old materials, &c.

Metalling.

Boad works not shown on drawings.

D.—No. 19.

RAILWAY CONTRACTS,

80

MATERIALS. Except Avhere otherwise specified, all the materials used under this Contract shall be of the following kinds and descriptions : — 12. Concrete shall be composed of three parts, by measure, of broken stone, two parts of sharp sand, and one part of fresh Portland cement, or tAVO parts of broken stone, two parts of gravel, and one part of sand. The stone may consist of blue stone, schist, or hard limestone, broken to 2^.-inch gauge. The cement shall be of approved brands, and subject to such tests as the Engineer may frouf time to time direct. The concrete shall be laid in 12-inch layers, and well rammed as the work progresses. Except at the tunnel fronts, all the masonry on this contract shall be rubble laid in cement or lime mortar, and binded with stones 2 feet long for every superficial yard of face. The stones shall in all cases be laid on their largest bed, which must be at least one-and-a-half times greater than the side. If required by the Engineer, the work is to be levelled every 12 or 18 inches, and well grouted. The stone used shall be sound blue stone, schist, lime stone, or other building stone of equal quality. Cement mortar shall consist of three parts, by measurement, of sharp clean sand to one part of Portland cement. Lime mortar shall consist of two parts of sharp clean sancl to one part of the best Kakanui Peninsula or Waihola lime, mixed and prepared as may be directed. All timber in the floor beams and rails strings of bridges must be of black birch or other approved timber. Level crossings and cattle-stops must be of matai or totara, and all other timber work, when not otherwise specified, must be of totara or other timber specially approved. It shall all be heart wood, except as shown on Drawing No. 11, and shall be straight, sound, and free from knots and other imperfections. Bricks shall be of the best quality of hard-burned kiln bricks, and approved by the Engineer. The whole of the straps and bolts shall be made of BB Crown iron, or other iron of equal quality, of the dimensions shown ; the whole to be finished and fixed in a workmanlike manner. The plate-iron in the girders shall be of the best quality, capable of bearing, without injury, a tensile strain of twenty-two tons per square inch. Except in joints of cylinders, all bolts shown or specified shall have a square head, of Avhich the thickness shall be equal to the diameter of the boh, and the width twice the diameter of the bolt; they are to be tapped with a good clean thread, and shall have a nut equal in size to the head of the bolt, and shall be provided with one or more washers, 3 inches diameter. All castings must be true and. exact to shape, and free from air holes and other defects. All plate and cast iron shall, before shipment, receive one coat of boiled linseed oil laid on hot, and one coat of red lead. In addition to the above, ail iron work is to receive in New Zealand two coats of paint, the last to be dark grey colour. LEVEL CROSSINGS. 13. Pour first and twenty-five second class crossings, Avith two cattle stops to each crossing, as per Drawing No. 9, shall be constructed at public and private roads where directed. They shall be carefully placed as to line and. levels, and finished in strict conformity Avith the drawing and the notes thereon. Each level crossing shall be metalled for a length of 33 feet on each side of the centre line, as above specified for the roads, and tile or timber box drains shall be put in the formation ditches where necessary for the drainage of the line or road. Pifty pairs of malleable iron tubular or other approved gates, 12 feet Avide, hung to strong posts, and furnished with bolts and padlocks, shall be provided and hung at private crossings where directed.

Materials.

Concrete.

Masonry.

Cement mortar.

Lime mortar.

Timber.

Brickwork.

Malleable iron.

Bolts and nuts.

Cast iron.

Painting.

Level crossings.

Metalling.

Gates.

D. No. 19.

TUNNEL. 14. A tunnel is to be excavated through the Chain Hill Range. Its lengths and levels are defined in Sheet 2 of the General Plan, and sections and dimensions and forms on Drawing No. 2. The tunnel is all to be taken out to the section represented by the outside of the brick lining, but the lining is only to be put in for 33 feet at each end, and 450 feet at such other places as the Engineer may consider unsafe. The excavation, shall be taken out so that half of the section, can be got clear on each side of the centre line ; beyond this nothing is to be excaA rated except Avhat is absolutely necessary for the security of the work. Tavo recesses, 8 feet square and 4 feet deep, shall be made at intervals in the side for the accommodation of Avorkmen and tools. A drain shall be carried doAvn the centre of the tunnel as shoAvn, and led to the formation ditches at end. It is to be covered Avith 4-inch rough blue stone or schist covers, 2 feet long, or a tile drain, 12 inches diameter, may be substituted. The lining shall consist of 14-inch brick Avork set in Portland cement mortar. The longitudinal courses are to be laid perfectly straight, and parallel in every direction with the line and level of the tunnel. The sides shall be laid in English bond, and the arch turned in three rings with one key-brick the full depth of the point. All spaces between the outside of the lining and the excavation are to be filled up AAnth stone shivers or shingle, firmly rammed in. The tunnel fronts shall be constructed of masonry set in cement mortar. The: stone is to be of the best quality of Port Chalmers, Sawyers Bay, or blue stone, but the whole of each front must be of one material. The quoins, arch stones, and coping, shall be ashlar picked, dressed on beds, and joints, and rock faced with, a chisel draft round the margin. In addition to which the quoins and arch stones are to be chamfered in front, as shown. The remainder of the front shall be substantial squared rubble work, Avell bonded together, levelled in regular courses not less than 9 inches thick, the beds and joints being pointed and keyed. BRIDGES. 15. Bridges, as per Drawings, shall be erected under this Contract, as 3 folloAvs: —■ 1. Abbot's Creek, near 1 span of 30 feet. 2. Creek, ~ -ft 2 spans of 13 ~ 3. Creek, „ y 2 „ 13 „ 4. Taieri River, ~ a 4 „ 80 ~ 5. Waihola River, „ ff 5 „ 80 „ 6. Coghill's Creek, „ ff 2 „ 13 „ 7. Creek, „ ff 2 „ 13 „ 8. Creek, „ « 2 „ 13 „ 9. Salmon Creek, „ ff 4 „ 13 „ 10. Mill Level, „ ff 2 „ 13 „ 11. Mill Level, „ ff'2 „ 13 „ 12. North Tokomairiro River, „ ff 4 „ 13 „ 13. South Tokomairiro River, „ ff 2 „ 30 „ and 6 ~ 13 ~ The excavations from the foundations of the Abbot's Creek Bridge shall be i carried doAvn to the depths shown, or such additional depth as shall be necessary f to insure a solid bearing for the structure; when the masonry is finished to the surface of the ground the trenches shall be filled in layers and Avell rammed. The masonry shall be set in cement mortar throughout. The heels and joints J above ground are to be neatly pointed, and the tops of all walls shall receive a coat of cement plaster. The piers of the Taieri and Waihola Bridges shall consist of cast-iron cylinders i as shown on DraAving No. 4. The cylinders shall be cast in three segments for A each ring; the metal in the cutting and tapering plates is to be 1^ inch thick, and in all others 1 inch thick. The flanges shall all be 1^ inch thick. All joints shall be turned or planed to a smooth surface, and shall be made air and Avatertight before being erected. 25

Tunnel.

Section.

Becesses.

Drain

Lining.

Fronts.

Bridgos.

Excavations from 'oundations.

tfasonry.

Piers of Taieri and »Vaihola Bridges.

81

DUNEDIN TO CLUTHA.

D.—No. 19.

82

RAILWAY CONTRACTS,

The bolts shall haA re hexagon heads and nuts, and be screwed with threads on the Whitworth pitch. The bolts for bottom and tapering cylinders shall be seven-eighths of an inch diameter, and all other bolts three-quarters. Of the ordinary cylinder, 22 rings shall be cast in seven-feet lengths, and 22 rings in five-feet lengths, to suit irregularities in the sinking of the columns. A cast-iron moulding in four segments is to be placed on the top of each column as shown, and connected thereto With § bolts with hexagon heads and nuts. The piers shall be sunk to the depths shown, and the Contractor may sink them by any method he considers best. If the stratum is sufficiently impervious for that purpose, the columns will be pumped dry, and the concrete dropped in from the top; but if this cannot be done, the concrete shall be loAvered through the Avater in buckets, and carefully emptied in its place. Should it be necessary to deposit the concrete in water, its strength shall be increased to 1 of cement to 4 of the other ingredients up to loav Avater level. The frames in the top of the concrete shall be made of the best heart of totara fastened together with six -|-inch bolts in each, and held down by rods passing into the concrete as shown. The piers of bridges Nos. 2, 3, 6, 7, 8, 9, 10, 11, 12, and 13, shall consist of timber piles driven to the depths shown on DraAving No. 6, or such other depth as may be necessary to get a solid bearing for the superstructure. All piles are to be rung before driving with a 3-inch by f-inch round hoop. The piles are to be shod Avith a substantial iron shoe, which Avill be furnished to the Contractor at Dunedin. No pile driving to be commenced at any bridge AA rithout giving six days' notice previously to the Engineer in charge of the work. The lower chord of the girders in the Taieri and Waihola Bridges shall be of plate iron, of the form and dimensions shown on Drawing No. 5, but the remainder of the superstructure of these bridges, and all the superstructure of Nos. 1, 2, 3, 6, 7, 8, 9, 10, 11, 12, and 13, shall be of timber, secured Avith iron bolts and straps, as shown on Drawings Nos. 7 and 8. All joints, abutments, shoulders, and sides of tenons and scarfs to be worked perfectly true, and to fit accurately, and to be covered with red lead before being put together. Tenons generally to be 5 inches long, and to be draw-bored to receive trenails of hard wood made with hollow auger or trenailing machine. All trenails to be w rell seasoned and kept dry, and to be one-sixteenth inch more in diameter than the hole bored for them, and to be covered Avith red lead before being driven. All capsills and mudsills to be morticed on to the posts or piles. All string pieces to be accurately notched doAvn to capsills or floor beams by notching f- inch from each, to be scribed and accurately fitted. The Contractor shall provide all proper rods and gauges for setting out and testing the dimensions of bridges that the Engineer may require. CULVERTS AND DRAINS. 16. The culverts to be built on this portion of the Railway shall be of the sizes as shown on Drawings'Nos. 1 and 2. The stone culverts shall be built of rubble, set in cement mortar, except betAveen tAA'enty-five miles and the termination, Avhen lime "mortar may be used; the stones shall be schist, blue stone, or hard limestone. Arches shall be of brick, laid in rings, except at the Chain Hill, where stone laid in beds not more than 6 inches thick may be used. All the exposed beds and joints of masonry and brickwork in culverts shall be neatly pointed with cement mortar, and the tops of Avails and arches are to receive a coat of cement f-inch thick, the Avhole being covered with a well-wrought clay puddle. The bottom of the culvert is to be pitched Avith stone, of the depth shown, and of a minimum area of one-half square foot, Avell packed, pinned, and grouted up with cement mortar. The pitching in the 5x3 foot culverts being carried out six feet clear of the entrance. In all the timber culverts, the frames to be accurately mortised and tenoned and pinned; the planking to be securely spiked on to the frames, the

Bolts for cylinders.

Forty-four cylinders to be in odd lengths.

Moulding.

Sinking columns.

Concrete in columns.

Frames.

Piling.

Superstructure of bridges.

Joints.

Contractor to supply rods and gauges.

Sizes.

Stone culverts.

Pitching.

Timber culverts.

DUNEDIN TO CLUTHA.

83

D.—No. 19.

whole of the timber to be heart of totara; the outer side of the planking need not be reduced to the dimensions given, but there must in every case be the full thickness specified of heart timber; the edges of the planking must fit truly for the whole thickness, and the planks must extend over at least tw ro panels, and break joints as much as possible. Three hundred lineal yards, each of 12, 9, and 6-inch glazed earthenware pipes, and 300 lineal yards of 12-inch box drains, shall be provided, and laid where directed. The pipes are to be of the best manufacture, Avell burned, and sound throughout, and shall have socket joints threaded to receive the packing. The box drains shall be made from 1-i-inch totara, firmly spiked together, and strengthened by 4-inch cross-pieces every 3 feet. The trenches are in all cases to be cast in the solid; and the drain shall be bedded and encased in well-wrought clay puddle, the joints of pipes being laid Avith clay. Sufficient catchwater and out-fall drains are to be dug at culverts, and all stumps and roots occurring in the line of ditch to be taken out. BALLASTING AND PERMANENT WAV. 17. The ballasting is to consist of shingle, broken stone, or sand, previously approved, and is to be disposed as shown on Drawing No. 1. In all cases the embankments and cuttings are to be cleared from mud, and brought to an uniform formation level before the ballast is laid on. The permanent way is to consist of a single line of rails laid to a gauge of 3 feet 6 inches, and sidings provided and laid Avhere directed, amounting in all to two miles of sidings. The Contractor is to provide and have upon the ground at all points where the work is proceeding a sufficient supply of all such templates, tools, gauges, and other implements as arc necessary and are usually required in the laying of permanent way, or as may be required by the Engineer. About three thirty-seconds of an inch of space is to be left between the ends of the rails AA'hen fixed in place, or such other space as the Engineer may direct, according to the season. Por the curves, the rails Avill require bending. This, as well as the straightening of all bent rails, must be effected by a press, and on no account by striking unless by wooden hand-beetles on Avooden blocks. In all cases, whether of straightening of bent rails or of bending rails to the necessary curves, the rails must be set permanently to the form required before being laid, and no temporary bending, springing, or straightening, either by dragging with a lever and hook, or by any other means of a like character, Avill on any account be permitted. Great care must be taken to lay all the sleepers quite square to the rails on straights, and as near as may be on curves. Where the line is straight, the rails will be level across the line; but where the line is curved, the rails will be canted, the difference of level between the two rails being such as the Engineer shall order. When suitable material for ballast is not found immediately on the line, the sleepers may be laid on formation, being carefully tamped with dry earth. The Contractor Avill be permitted to run ballast and material trains over the line thus laid at a speed not exceeding ten miles an hour, but the ballasting and lifting must be proceeded with Avith all possible despatch. The changes of gradients shall be made by a gradual curve. There are to be 2,050 sleepers per mile, to be spaced as directed. The folloAving timbers to be used to the extent of not less than 75 per cent, of the whole :—Totara, jarrah, Oregon pine, kauri, and puriri. The remaining 25 per cent, may be of matai (Fodocarpus spicata) or birch {Fagus fusca, or Fagus Solandri). They shall be 7 feet long, and 7 inches by 5 inches, all of heart. They are to be flatted top and bottom, true and out of wind; but any extra width beyond 7 inches need not be removed. The rail seats are to be accurately adzed to a correct level. The rails will weigh 40 lbs. to the yard ; they will be jointed with Ibbotson's patent steel clip-joint, AA reighing about 12 lbs. each joint, and fastened to the sleepers by six fang-bolts to each rail, and tAvo spikes to each sleeper Avhere fang-

Covered drains.

Drains at culverts.

Ballasting.

Permanent way.

Gauges.

Permanent way.

Bending rails.

Laying sleepers.

Changes of gradients. Sleepers.

Bails and fastenings.

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84

RAILWAY CONTRACTS,

bolts are not used. The rails and fastenings will be delivered to the Contractor at either or both ends of the contract, at the option of the Government, and he shall be responsible for all materials delivered to him. USE OF PERMANENT WAY MATERIALS BY CONTRACTOR. 18. Permanent way materials shall not be laid cloavu or employed within 100 yards of the face of any excavation or the end of any embankments, nor used for hauling earthwork before the ballast is laid. When the Contractor shall have complied with the above requirements, he may use the rails and other permanent way materials for the purpose of hauling earthwork or materials on parts of the line. SIDINGS. 19. The Contractor shall construct at his oavii cost, at such points as may be indicated by the Engineer, two mile of sidings, including 10,000 cubic yards of earthwork, and the necessary ballast, sleepers, and laying of permanent way similar to that of the main line, but without points and crossings. He shall also make and construct, wherever required, such station-grounds, buildings, points, crossings, extra sidings, telegraph and other things as may be required for station accommodation, and shall furnish the Engineer monthly a detailed statement showing their actual cost, properly supported by vouchers, or as otherwise directed, and to this cost a sum equal to ten pounds per centum shall be added for Contractor's profits, and this amount shall be in addition to the contract sum. TELEGRAPH. 20. A single wire telegraph will be constructed and paid for as for station accommodation, and the use of it allowed to the Contractor during construction of the Avorks. During the period of maintenance the Government Avill transmit, free of charge, all messages sent by the Contractor on the business of the Raihvay. USE OF EOLLING STOCK. 21. The GoArernment will furnish the Contractors with such locomotives and rolling stock as they may have on the line, the Contractors to pay the wages of the engine-drivers and stokers, Avho must be approved by the Engineer, and to furnish fuel, water, oil, grease, Avaste, &c, at his OAvn expense. The Contractor shall also return such rolling stock as may be lent to him in as good order as AA rhen received by him—reasonable wear and tear excepted. In the event of the Government being unable to supply locomotives and rolling stock when needed by the Contractors, an extension of time Avill be granted for the completion of the contract; such extension of time to be fixed by the Engineer. John Cabbuthebs. John Bbogden and Sons.

Use of permanent way materials by Contractors.

Sidings.

Telegraph.

Use of rolling stock.

DUNEDIN AND CLUTHA EAILWAY. List A. Drawing No. I—Formation, Retaining Wall, Fencing, and Small Culverts. ~ 2—Tunnel and Large Culverts. ~ 3—Bridge over Abbotsford Creek. „ 4 —Taieri and Waihola Bridges (Piers). „ s—Taieri5 —Taieri and Waihola Bridges (Superstructure). ~ 6 —General Sections of Sites of small Bridges. „ 7—Small Bridges. ~ B—Bridge8—Bridge over South Tokomairiro River. „ 9 —Level Crossings and Cattle Guards, &'c. „ 10—Rails and Fastenings. „ 12. —Plan and Sections, sheets 1 to 85 ; and Cross Sections and Sections of Road Diversions, sheets 36 to 45. Joitn Cabbuthebs. John Bbogden and Sons.

DUNEDIN TO CLUTHA.

D.—No 19.

85

GENERAL EENCING SPECIFICATION. The fencing to be used shall be of three kinds, to be known as Qualities Nos. 1, 2, and 3. Quality No. 1. —Quality No. 1 shall consist of a sod Avail, 3 feet 3 inches broad at base, 1 foot 3 inches broad' at top, and 4 feet 6 inches high. It shall be carefully built in uniform layers from 8 to 10 inches thick, and bonded together. A ditch at least 2 feet 6 inches Avide, and 1 foot 6 inches deep, shall be dug on each side, and carried through the Avail where necessary for the drainage of the line or adjoining land. The wall is to be carried over such ditches on sound totara timber 3 inches thick. Quality No. 2. —Quality No. 2 shall consist of post, ditch, mound, three wires, and top rail. Quality No. 3. —Quality No. 3 shall consist of post, five wires, and fop rail. The timber used in Qualities Nos. 2 and 3 shall be totara, matai, kauri, or manuka, or other specially approved timber. The posts to be of split timber, cut square at ends, mortised for rails, and well rammed when in their places. A straining post, 9 feet long, 6 inches in diameter, and Avell stayed, shall be put in at intervals of not more than 5 chains, and at each crossing of existing fences. The top rails shall also be of split timber, scarfed at ends, neatly fitted into mortise holes cut in the posts, and securely fixed with wedges. The wires shall consist of the best black annealed wire of No. 5 Birmingham gauge, and shall be fastened to outside of posts with suitable staples. The mound, in fencing Quality No. 2, shall be of tough firm sods, as specified for sod wall. It shall be 3 feet wide at base, 2 feet Avide at top, and 1 foot 6 inches high. Existing fences crossed and cut doAvn shall be connected with the railway fences, and left in a condition at least equal to that in which they were found. The Contractor shall provide temporary slip-rails or panels in the permanent fencing where required for the accommodation of occupiers, and will give every other facility of access to their lands across the line until the permanent crossings and roads are constructed. John Cabbuthebs. John Bbogden and Sons. 26 ,

87

D.— N0.19.

Abticles oe Agreement made and entered into this tenth day of August, 1872, betAveen the Governor of Neav Zealand, in the name and on behalf of Her Majesty the Queen of the one part, and Alexander Brogden, Henry Bbogden, and James Bbogden, all of Queen's Square, in the City of Westminster, in England, Railway Contractors (hereinafter referred to as "the Contractors"), of the other part: ( Whereas 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 Invercargill, in the Province of Otago, to Mataura, in the said Province (which said Railway is hereinafter referred to as "the Railway herein mentioned "): And AAliereas 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 Avorks 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 Avhom 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 respectively, 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, how rever, 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 Bluff, the iron rails and fastenings required for the permanent Avay 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 27

INYERCARGILL AND MATATTRA RAILWAY.

RAILWAY CONTRACTS,

D.—No. 19

88

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 eighty-eight thousand eight hundred and thirtytwo 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 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). 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. Lastly. The parties hereto shall and Avill each respectively perform, observe, and fulfil all and singular the conditions and stipulations expressed or contained in the said General Conditions and Specifications, and which thereby it is provided shall be performed, observed, or fulfilled by such parties respectively. In Avitness whereof the Seal of the Colony has hereunto been affixed, and the said Contractors have hereunto set their hands and seals, the day and year first above written. Sealed with the Seal of the Colony, \ and signed by the Governor, in / G. E. Bowen, the presence of > Governor. William Eox. I J. D. Obmond. j Alexander Brogden, Signed, sealed, and delivered by the By his Attorney, James Brogden. above-named Alexander Brogden, (Seal.) Henry Brogden, and James I Henry Brogden, Brogden, in the presence of By his Attorney, James Brogden. Wm. Thos. Locke Travers, (Seal.) Solicitor, Wellington. James Brogden. (Seal.) (Seal of the Colony.) Approved in Council, August 10th, 1872. Eorster Goring, Clerk of the Executive Council.

INVERCARGILL AND MATAURA.

89

D.—No. 19.

GENERAL CONDITIONS FOR THE INVERCARGILL AND MATATJRA RAILWAY.

INTERPRETATION CLAUSE. 1. In these Conditions the words "Minister for Public Works" shall mean the Minister for Public Works appointed under " The Immigration and Public Works Act, 1870," or any Minister or person for the time being authorized by the Governor to act for such Minister in respect of the special work contracted for; the word " Engineer " shall mean the Engineer for the time being who shall haA Te principal charge of the works on behalf of the Government; and the word "Contractor" shall mean "Contractors" AAlien tAVO or more persons tender or contract jointly for the work; and the word "month" shall mean "calendar month." WORKS, &c, TO BE ACCORDING TO DRAWINGS AND SPECIFICATIONS, AND TO THE SATISFACTION OF THE ENGINEER. 2. All the materials used are to be the best of their respectiA'e kinds, and all works of every description throughout are, subject to the provisions hereinafter contained, to be executed conformably to the several draAvings and details prepared or that may be prepared for that purpose, and herein referred to, in the strictest accordance with the provisions of the specifications, and in the best, most substantial, and workmanlike manner, and to the satisfaction of the Engineer; and should any work not be so executed, it shall be immediately altered and amended at the cost of the Contractor. PLANS, Ac. 3. A copy of the plans and drawings, with the specifications, shall be furnished to the Contractor by the Engineer, and the plans and drawings referred to in the specification, and the specification, shall be taken together to explain each other; and if, in the execution of the works, it shall be found that anything has been omitted or mis-stated either in the drawings or specification, which is necessary for the proper performance and completion of any part or parts of the works, the Contractor shall at his own cost and expense execute the same, and provide whatever may be requisite for so doing, provided the extra cost thereof shall not exceed the sum of £200 in each particular case. Any written dimensions on the drawings shall be taken in all cases in preference to measurements by the scale attached, and anything contained either in the draAvings or specification shall be equally binding on the Contractor as if it were contained in both; and in case the Avritten or figured dimensions on the drawings shall disagree with the scaling, or in case there shall be any discrepancy between the drawings and specification, or any ambiguity in them, such occurrence shall not invalidate the contract, but the same shall be rectified by the Engineer if thought requisite, and the Contractor shall not be entitled to make any claim or demand for compensation or damages on account of such discrepancy or ambiguity. If neither the drawings nor the specification contain any notice of minor parts, the intention to include Avhich is nevertheless clearly to be inferred, and which parts are obviously necessary for the workmanlike completion and stability of the work, all such parts are to be made and executed by the Contractor without extra charge, and are to be deemed by him as included in the sum at which he contracts for the works. EXTRA WORKS AND ALTERATION OF WOEKS. 4. The Contractor is to make and execute, in the like manner as aforesaid, and with the like materials as aforesaid, any additions, deviations, or alterations to, from, or in the works, Avhich the Engineer may from time to time, previously 28

D.—No. 19

90

RAILWAY CONTRACTS,

to the commencement or during the progress of the works, by an order in writing, require, at and for such prices or rates as shall be agreed upon in writing between the Contractor and the Minister for Public Works. In case of non-agreement as to price, the wrork shall be done by the Contractor as required by the Engineer, and the price thereof shall be settled by arbitration as hereinafter provided, and shall when so ascertained be added to and thenceforth deemed to be part of the contract price for the Avorks to be executed under this contract; but no additions, deviations, or alterations whatever, which shall be claimed by the Contractor, will be admitted or recognized under any circumstances, or will be alloAved or paid for, which shall be done or executed without or contrary to any previous order from the Engineer in writing as aforesaid: Provided always that no addition, deviation, or alteration from the plans and specifications to be ordered by the Engineer as aforesaid shall involve an increased expenditure in connection with the works or any part thereof, unless distinctly authorized by writing under the hand of the Minister for Public Works, who, before authorizing any such deviation, shall obtain from the Engineer an estimate of the increased expenditure arising therefrom: Provided also that in all cases where such deviation, addition, or alteration as last aforesaid, from the plans and specifications, shall involve an outlay exceeding £500, the consent of the Governor in Council shall first be obtained. And in all cases it shall be the duty of the Contractor to satisfy himself that such addition, deviation, or alteration (if any) has been duly authorized in the manner required by " The Immigration and Public Works Act, 1870," and also, that to any such outlay as aforesaid, requiring the consent of the Governor in Council as aforesaid, such consent has been obtained, as required by the said Act. OMISSION OF PORTIONS OF WOEKS. 5. To the Minister for Public Works there is reserved the right from time to time of requiring the omission of any particular portion or portions of works described in the specification or shown on the drawings, and of deducting the value thereof from the amount of the contract, such value to be agreed upon between the Minister for Public Works and the Contractor, or in case of difference to be settled by arbitration as hereinafter provided; but the Contractor shall be entitled to be paid a sum of ten per cent, on the agreed or ascertained value of the work omitted; such sums for omissions to be paid on the completion of the contract. MATERIALS, LABOUR, &c. 6. The Contractor shall provide, at his oaa?u costs and charges, all materials, labour, tools, plant, tackle, machinery, scaffolding, waggons, cordage, cartage, stores, planking, centres, coffer dams, diving bells, staging, diving dresses, and everything necessary for the proper execution and completion of the several works, and centres must not be struck without the written authority of the Engineer. The Contractor is also to provide, at his cost, for keeping all the trenches and foundations free from water, and for preventing all slips of ground into the trenches. All material and all prepared Avork brought upon the ground of the works for use therein is to be considered the property of the Queen, and the Contractor shall not take aAvay any such material or work without the Avritten authority of the Engineer, unless the same shall be required for the purposes of other works under this contract. The Contractor will be required to set out accurately, at his OAvn expense, all the works comprised in this contract, agreeably to the drawings and specifications, and shall be held responsible for their being so set out and executed accordingly. REMOVAL OF IMPROPER MATERIALS. 7. It shall be lawful for the Engineer to order the removal from the Avorks of any materials, whether fixed or not, which may appear to him to be of an inferior or improper description, and the Contractor shall remove the same within twentyfour hours after a Avritten notice in that behalf given to him by the Engineer; and in case of neglect or refusal to remove the same according to such notice, the Engineer shall have power to remove the same at the cost of the Contractor.

INVERCARGILL AND MATAURA.

91

D.—No. 19

CONTRACTOR TO BE REPRESENTED. 8. The Contractor at all times during the progress of the works, Avhen he is not personally superintending them, must have a responsible agent or overseer stationed on them, to receive instructions from the Engineer, and to represent him for all the purposes of this contract. PROGEESS OF WORKS. 9. If the Contractor shall, in the opinion of the Engineer, fail to make such progress Avith the w rorks as the Engineer shall deem sufficient to insure their completion within the specified time, or if the Contractor shall use or employ bad or insufficient materials, or execute any work in an imperfect manner, and shall fail or neglect to rectify any such cause of complaint for fourteen days after being thereunto required in writing by the Engineer, or if the Contractor shall, in the judgment of the Engineer, commit a Avilful breach of his contract, then, and in any of such cases, if shall be lawful for the Minister for Public Works, by any instrument in writing under his hand delivered to the Contractor, or to his representative on the works, or left at the Contractor's usual or last known place of abode or business, absolutely to determine this contract, and from and after the delivery of the said instrument as aforesaid, the contract shall be absolutely determined; and in the event of such determination happening, then it shall be lawful for the said Minister, after having delivered such instrument to the Contractor as aforesaid, to take the works out of the Contractor's possession, and at the option of such Minister either to carry the works on under the Engineer or by another Contractor, and that either after advertising for Contractors or without doing so, as he shall think fit; and all the materials, implements, and plant then upon or used in connection Avith the works may be used in and applied for the purpose of completing the works; and on the final completion of the works, if it should be found that the balance of the contract price remaining unpaid, if any, and the deposit money and percentages, together with the net proceeds realized by the sale of the then residue of such materials, implements, and plant as aforesaid, after being sold in any AA ray that may appear to be most advisable to the Minister for Public Works, is not sufficient to meet the outlay incurred in completing the works in all respects, then the Contractor, his executors or administrators, shall be bound to pay to the Minister for Public Works the surplus expenditure above such balance, and other sums as aforesaid. But if, on the other hand, the works shall be completed Avithin the contract price, then there shall be paid to the Contractor, or his executors, administrators, or assigns, such balance as may be due to him or them, including the deposit money and percentages or retention money, if any, but without any interest thereon ; and the Engineer shall, within fourteen clays after such balance has been ascertained to be due, grant authority to the Contractor or his representatives for the removal of all surplus material, implements, and plant belonging to him or them, and remaining on the works after their completion, if not sold as before mentioned. But it is herein expressly provided that, in the event of any materials, implements, or plant being returned to the Contractor or his representatives, or being allowed to be removed by him or them as aforesaid, Her Majesty the Queen shall not be in any wray liable for any loss, diminution, Avear and tear, or injury, such materials, implements, or plant may have sustained during the completion of the work. CONTRACTOR NOT TO SUBLET WOEKS TO PERSONS PREVIOUSLY OBJECTED TO— BANKRUPTCY, INSOLVENCY, OR DEATH. 13. The Contractor shall not sublet any portion of the works to any person who shall have been previously objected to by the Engineer by notice in writing to the Contractor. If the Contractor become bankrupt or insolvent, or shall make an assignment of his estate for the benefit of his creditors, or shall die before the final completion of the contract, then it shall be lawful for the Minister for Public Works, on behalf of the Queen, summarily, and of his OAvn authority, and without any process of law for that purpose, to take possession of the works, and to take them out of the hands of the Contractor, or of his executors, or administrators, or of the assignees or trustees of his estate, and to employ persons for

RAILWAY CONTRACTS,

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the execution and completion of the same, and that either after advertising for contractors or without doing so, as he shall think fit; and all the then remaining materials, implements, and plant aforesaid may be used in and applied for the purposes of the works; and on the final completion of the works, if it should be found that the balance of the contract price remaining unpaid, if any, and the deposit money and percentages aforesaid, together with the value of the remaining materials, implements, and plant as aforesaid, after being sold in any way that may appear to be most advisable to the Minister for Public Works, is not sufficient to meet the outlay incurred in completing the works in all respects, then the Contractor, his executors or administrators, shall be bound to pay to the Minister for Public Works the surplus expenditure above such balance, and other sums as aforesaid; and in the case of bankruptcy or insolvency, then Her Majesty the Queen shall rank as a creditor to the amount of such surplus. But if, on the other hand, the works shall be completed Avithin the contract price, then there shall be paid to the Contractor, or his executors, administrators, or assigns, such balance as may be due to him or them, including the deposit money and percentages or retention money, if any, but without any interest thereon; and the Engineer shall, Avithin fourteen days after such balance has been ascertained to be due, grant authority to the Contractor or his representatives for the removal of all surplus material, implements, and plant belonging to him or them, and remaining on the Avorks after their completion, if not sold as before mentioned. But it is herein expressly provided that, in the event of any materials, implements, or plant being returned to the Contractor or his representatives, or being allowed to be removed by him or them as aforesaid, Her Majesty the Queen shall not be in any way liable for any loss, diminution, wear and tear, or injury, such materials, implements, or plant may have sustained during the completion of the work. LIABILITIES OF CONTEACTOE. 14. The exercise by the Minister for Public Works, or Engineer, of any of their respective powers shall not relieve the Contractor from any liability to which he may be subject for any breach of the contract. TIME OF COMPLETION. 15. Subject as herein provided, the Contractor shall complete the Avhole of the works of this contract, except the bridge over the Mataura River, AA'hich is to be completed on the first day of November, one thousand eight hundred and seventy-four, on or before the first day of September, one thousand eight hundred and seventy-four, failing which the Minister for Public Works shall be entitled to deduct from the final balance due to the Contractor a sum calculated at the rate of Three pounds per cent, per annum on all moneys AA rhich shall have been paid to the Contractor under this contract, computed from the date on AAliich the work ought to have been completed under this contract up to the date of the completion of the Avork: Provided that if the Minister for Public Works shall have taken over as completed any portion of the work, the cost of that portion shall not be included in the calculation last aforesaid. But in the event of the Contractor being prevented by earthquake, tempest, flood or otherwise by the act of God or by the act of the Queen's enemies, rebellion, restraint of princes, or otherwise by anything in the nature of vis major, or by reason of any strike amongst the workmen engaged upon the Avorks, or by reason of any alterations, deviations, or additions, or extra Avorks being required, or in case of any delay in furnishing any material to be supplied to the Contractor by the Governor, the Engineer shall alloAv such an extension of time as he shall think adequate for such enforced delay, or for such alterations, deviations, additions, or extra work; and at the expiration of the time so allowed, the deductions or sets-off for delay shall come into operation. SUSPENSION OF WOEKS. 16. The Contractor, on receiving a Avritten notice from the Engineer, shall suspend, or stop, the whole or any portion of the works as may be directed, and the Governor, on behalf of the Queen, shall make good to the Contractor any loss or damage he may sustain through such suspension or stoppage, to be ascertained,

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in case of non-agreement between the Contractor and the Minister, by arbitration, as hereinafter mentioned ; and the Minister for Public Works shall in no case be bound to give the Contractor possession of the ground or work until thirty days after the signature of the contract by the Contractor; but a commensurate extension of time for completing the works Avill 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, &c. 17. The Contractor shall also provide for effectually securing and covering the several walls and w rorks 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, Avhen the Contractor will not be held responsible, and, in case of dispute, the matter shall be settled by arbitration, as hereinafter provided. TRESPASS. 18. The Contractor shall not enter upon any lands outside the line of fences for the construction of the Avorks, or for any purpose Avhatever in connection with this contract, without the consent of the occupier or oAvner, except at his OAvn cost and risk, and shall not, without the consent of the Engineer, remove any trees or buildings within the line of the Raihvay 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 Avorkmen, shall be deducted from the contract price, and be taken as payment made on account of his contract. MAINTENANCE OF WORKS. 19. 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, materials, &c, necessary for such maintenance for a period of 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, damage, 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 preA rent stoppage of public traffic. LAND. 20. The Minister for Public Works will, 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 Avorks. 21. 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 29

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RAILWAY CONTRACTS,

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 w rorks as may be necessary for the immediate prosecution thereof. DELAY IN GIVING POSSESSION OF LAND. 22. If any delay shall take place in giving to the Contractor the 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 dispute, by arbitration, as hereinafter proAuded. POWER TO REQUIRE DISMISSAL OF ANY WORKMAN. 23. 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 Avorks, for incompetency or misconduct, and any man so dismissed shall not be again employed upon the works. TRUCK SYSTEM NOT ALLOWED. 24. The workmen, tradesmen, and labourers of every class employed on the works to Avhich these Conditions refer, shall be paid their Avages in full in money of the current coin of the Colony, and no ticket or other system of payment by provisions, liquors, or goods Avill on any pretence be allowed, nor shall the Contractor or any person or persons employed by him, or in any w ray 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 of any kind from any person in particular. The Avorkmen of every class shall be paid on the w rorks if it be possible, or in some building adjoining, and in no case shall they be paid at a public-house, or other place where liquors or refreshments are sold. PAYMENTS. 25. 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 as may be approved by the Engineer as fit and necessary for the work, as estimated by the Engineer, having due regard in such estimate to the actual value thereof; such certificates for work done, and materials and plant supplied, in each calendar month, to be delivered to the Contractor within fourteen days after the termination of such month, and the balance, less 5 per cent., together with the amount deposited as cash security, if any, in fourteen (14) days, or as nearly as may be, after the Engineer shall have certified under his hand that the works have been finally and satisfactorily completed, and that such balance, together Avith the cash security, is due to the Contractor. The said 5 per cent, will be retained for three months to insure the fulfilment of clause 19 of these Conditions, and from which sums may be deducted the costs of any repairs or defects, failing the Contractor executing the same: Provided always that no sum or sums of money shall be considered to be due or owing to the Contractor, nor shall the Contractor make any claim for or on account of any work executed or maintained by him, or for or on account of plant or materials supplied by him, unless such certificate as aforesaid shall have been given by the Engineer as aforesaid; nor shall any sum or sums of money so certified be considered to be made payable to the Contractor until the expiration of fourteen days after such certificate shall have been presented to the Minister for Public Works ; nor shall any omission to pay the amount of such certificate at the time the same shall be held payable be deemed or held to be a breach of or to vitiate the contract, but in case of such omission the Contractor shall be entitled to interest on the amount certified for, at the rate of ten pounds per centum per annum, for such time as such omission shall continue.

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NEGLECT TO CERTIFY. 26. In case the Engineer shall neglect or refuse to certify the amount due to the Contractor in respect of the work, or plant or materials, in manner and Avithin the times mentioned in the foregoing condition, and shall continue such neglect or refusal for a period of fourteen, days succeeding the fourteenth day after the end of the month in Avhich the work Avas done, or the plant or materials supplied, as the case may be, the Contractor shall be entitled to measure and value the same, having due regard in his estimate to the actual value thereof, and the measure and value so estimated by the Contractor shall be temporarily accepted by the Governor so far as regards the progress payment to be made to the Contractor in respect thereof under the foregoing condition, and the payment provided by that condition shall be made accordingly, with interest thereon, at the rate of Ten pounds per centum per annum, during the period of delay occasioned by the neglect or refusal of the Engineer : Provided always that in all cases in which a certificate shall, within the period or further period hereinbefore provided, as the case may be, have actually been delivered to the Contractor, such certificate shall, for the purpose of the progress payment to be made thereunder, be conclusive; and in case of any dispute between the Contractor and the Engineer as to the estimate therein made of value of work done, or plant or materials provided, as the case may be, of which dispute notice shall have been given by the Contractor to the Minister for Public Works Avithin fourteen days after the delivery of the certificate to the Contractor, such dispute shall be referred to arbitration as hereinafter mentioned. - PROGRESS PAYMENTS WITHOUT PREJUDICE, &c. 27. No certificate given to the Contractor for the purpose of any progress payments shall prevent the Engineer, at any future time before the termination of the contract, from rejecting all unsound materials and improper workmanship discovered subsequently to the giving of the last previous certificate; and notAvithstanding the giving of any certificate that portions or the whole of the works haA re been satisfactorily performed, the Engineer may require the Contractor to remove and amend, at any future -time previously to the final payment on account of the construction or maintenance of the works, any work that may be found not to be performed in accordance with the contract, and the Contractor must remove and amend, at his OAvn cost, all such work when so required, notAvithstanding any approval made or given by the Assistant Engineer or Inspector. The Minister for Public Works shall haA'e power, on the report of the Engineer that the Avork approved of as aforesaid is not in accordance with the contract, to deduct from any moneys that may be due or that may become due to the Contractor the whole amount that has been paid on account of such work. If, in the opinion of the Minister for Public Works, further inquiry is desirable or necessary before any certificate is paid, the Minister for Public Works shall have power to suspend the payment of all or any part of the amount mentioned in any such certificate for a period not exceeding one month from the date at Avhich, in the ordinary course, the money would have been paid; and in such case, on payment of the amount payable, the Contractor shall be entitled to receive interest at the rate of Ten pounds per centum per annum during such additional delay. STAMPS, LICENSE FEES, &c. 28. The Contractor shall bear and pay all costs, charges ; and expenses of preparing, executing, and completing this contract, and all duty stamps, licenses, Building Surveyor's fees, or other charges or fees whatsoever lawfully demanded by the Municipal or other authorities. CUSTOMS AND WHARF DUTIES, &c. 29. In the cA rent of the Contractors being compelled to pay any Customs duties or Avharf clues or fees on any goods imported into New Zealand by them for the purposes of the said works, or transhipped or carried by them from any port or place in New Zealand to any other place in New Zealand, the Queen shall

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RAILWAY CONTRACTS,

and Avill repay the same to the Contractors, after one month's notice in Avriting by the Contractor to the Minister demanding payment thereof and giving details of such payment, and the production of vouchers or other proof of such payment. WORKMEN TO BE CARRIED FREE ON BLUFF AND WINTON RAILWAY. 30. The Contractors are to be entitled to free passes upon the Bluff and Winton Railway, during the whole period appointed for the construction, of the works mentioned in this Contract, as ordinary passengers upon the said Railway, for all persons in their employment for the time being actually engaged in connection with the said works, and the Manager for the time being of the said Railway shall at all times, on the application of the Contractors, or their Agent upon the works, give to such persons or person as are named in any such application Avritten free passes accordingly. GOODS TO BE CARRIED FREE ON SAME RAILWAY. 31. The Government undertake to convey upon and along the Bluff and Winton Railway, free of charge to the Contractors, and in like manner as other goods delivered for carriage upon and along the said Railway, all materials intended to be Used in the construction of the works mentioned in this Contract, or which the Contractors may, in connection Avith the said works, necessarily require to be carried along the said Railway, upon such goods respectively being delivered in the ordinary course at any station upon the said Raihvay for carriage accordingly. ARBITRATION. 32. Should any dispute arise between the Contractor and the Engineer, or between the Contractor and the Minister for Public Works or the Government, relative to the force and intent and meaning of the specifications, draAvings, or conditions, or to the mode of carrying on the works, or the nature or quality of materials used or supplied to be used, or workmanship of work done, or as to the maintenance of the works, or as to the expense of additional works, or of alterations or deviations from the specifications or plans, or as to any other matter connected with the execution of the works, or Avith the contract, specifications, draAvings, or conditions, or as to any matter which by this contract it is expressly provided is to be settled, ascertained, or determined by arbitration, such dispute shall be referred in writing to the sole determination, arbitrament, and award of the Judge of the Supreme Court assigned to that Judicial District of the Supreme Court within Avhich the works relative to Avhich the dispute shall have arisen have been or are to be executed, whose aAvard shall be final, binding, and conclusive on all parties: Provided, however, that before any such dispute as aforesaid shall be so referred, the Contractor shall give to the Minister for Public Works one calendar month's notice in writing of such dispute, and of the matter and cause thereof, and in such notice the Contractor's claim shall be explicitly stated; and if such claim be for pecuniary compensation, the amount thereof shall also be stated. John Carruthers. John Bbogden and Sons.

SPECIFICATION OF THE MANNER OF CONSTRUCTING THE INVERCARGILL AND MATAURA RAILWAY. GENERAL DESCRIPTION. 1. The line of Raihvay included under the title " Invercargill and Mataura Railway," and to Avhich this Specification applies, begins at a point in the Town of Invercargill, and terminates at a point on the eastern bank of the Mataura River, as delineated on the accompanying plans and sections ; the total length of the contract being thirty-nine miles fifty-six chains or thereby, with an addition of three miles of sidings.

Description

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DRAWINGS. 2. The draAvings, including general plans and longitudinal sections, as shown on list A, accompany this Specification. These show the character of the works to be executed. Further draAvings of details will be issued from time to time as may be necessary. The general plan is drawn to a scale of three chains to an inch, and shows the course of the Railway, the centre line of which has been staked out on the ground, and is represented on the general plan by a red line. The road and stream diversions are shown on the general plan. The longitudinal section is drawni to a horizontal scale of three chains to the inch, and to a vertical scale of thirty feet to the inch. It represents the natural profile of the ground along the centre line of the Raihvay. The red line shows the level of the bottom of the ballast. On the longitudinal section are shown the positions and sizes of the culverts and bridges described in this Specification. ALIGNMENT OF STRUCTURES. 3. In the construction of bridges, culverts, road crossings, and generally, it is to be understood that they are to intersect the line of Raihvay at such angle or curve as may be necessary and approved in each case, although they may be shoAvn on the draAvings straight and at right angles ; and in the interpretation of the draAvings and schedules, and of this Specification, it shall be distinctly understood that all works or materials necessary to the due and workmanlike completion of every erection are to be provided, whether specially described or not. CONTRACTOR TO PROVIDE LABOUR, PLANT, AND MATERIALS. 4. The Contractor is to provide all labour, tools, implements, plant, and materials, and is well and*substantially to construct and complete the Raihvay in accordance with the plans and specifications, and to deliver the same complete, and is to maintain and keep the said Raihvay, and all Avorks connected therewith, in perfect order and repair for the space of three months from the delivery of the same to the Government. The said Raihvay shall be made in accordance with this Specification, and with the plans and sections herein referred to, or with such modifications of the plans and sections as the Engineer shall order, provided such modifications shall not increase the cost of the work. FELLING, CLEARING, AND GRUBBING. 5. The Avhole of the timber within one chain and a half of the centre line is: to be felled. Of this extent the central chain is to be cleared by removing all logs and underbrush half a chain from the centre line, and to a greater distance where the formation requires it. Throughout all cuttings and along formations on the level, all stumps and roots are to be grubbed out entirely and removed, so as to leave no loose timber Avhatever, and no stumps within two feet of formation level along centre or within one foot of the surface in the slopes. The Contractor will be permitted to apply to his own use the timber which he has felled for the purpose of clearing the line. FENCING. 6. Twenty miles of the line are to be fenced on one side; and Avhereven present fences are disturbed or interfered with, they are to be made good at the expense of the Contractor. At all crossings of roads, and other places where cattle-stops are used, fences are to be completed across the line up to the cattlestops. The description of fencing used shall be that described in special fencing specification, as Qualities Nos. 1, 2, and 3. Quality No. 1 shall bo used only where permitted by the Engineer. Qualities 2 and 3 may be used at the option of the Contractor. EARTHWORKS. 7. All flax, scrub, rushes, or Maori-heads growing on the line of the Railway, > shall be cut down to the full width between the outside of the slopes. 30

. Drawings

Alignment.

Contractor to provide • labour, &c.

Felling, &c.

Fencing.

Clearing scrub, &a.

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No public or private road that crosses or intersects the Raihvay or Avorks thereof, shall be obstructed by excavation or otherwise, until the Contractors shall have provided such temporary roads as may be necessary for the traffic. The cuttings are to have a base at formation level of 10 feet in rock, 11 feet in loose rock, and 13 feet elsewhere, and are to be made in accordance with plan and section attached; but should the Engineer require any of the cuttings or banks to be made with different slopes from those shown on DraAving No. 9, the difference of cost shall be added to or deducted from the contract sum. Such alteration to be ordered in writing. A drain is to be cut along the bottom of slopes of cuttings, except in rock ; this drain to average 5 cubic feet per lineal yard. Catchwater drains are to be' dug abov re the top of one slope of cuttings, at a distance of from a quarter of a chain to a chain from the top of slopes ; these ditches are to average 5 cubic feet per lineal yard, and are to be true and regular to the inclinations directed; no stumps or roots to be left in them. The embankments must be carried forward uniformly of the proper shape, Avith such an addition to the heights and widths as a 'due allowance for the shrinking of the material requires, so to avoid as far as practicable the necessity for making subsequent additions cither to the heights or widths of the embankments, to bring them to the correct levels and dimensions. Whenever the foundation of an embankment is on sloping ground, the Contractor, if required, must at his OAvn expense cut steps and benches under the base of the embankment. The top of embankment at formation level is to be 10 feet wide; the slopes to be trimmed off to an inclination of one and a half horizontal to one vertical, and to be maintained full and true until the completion of the contract. The Contractor shall, unless otherwise directed by the Engineer, take care not in any Avay to interfere with or divert the existing drainage areas, and shall leave such stops or stanks in the side cuttings, and take such other precautions, as the Engineer shall think necessary for that purpose. Behind and around culverts and abutments of bridges, the embankments shall be wheeled in and carefully rammed. DITCHES AND DRAINS. 8. When the line crosses swamps of a peaty nature, catchwater drains are to be cut on the upper side of the line obliquely across the valleys, so as to tap the surface water. These ditches shall not exceed, on an average, one and one-third cubic yard per lineal yard, and are to be made at the commencement of the work, and cleaned out from time to time as may be ordered. STREAM DIVERSIONS. 9. All stream diversions are to be grubbed out as described for cuttings, and excavated Avith regular slopes and inclinations, as will be set out. EOAD ALTERATIONS. 10. At the places shown on the plan and section, and wherever necessary, the present roads are to be diverted. All such diversions and road approaches to the level crossings are to be completed in a convenient, substantial, and proper manner, with the necessary drains, water tables, and side slopes. Such approaches and road diversions are to be formed with an inclination not steeper than 1 in 30 for public roads, and 1 in 20 for private roads, except where the present inclination exceeds these rates, in which case the inclination of the new road shall not exceed that of the present road, unless, in the opinion of the Engineer, a steeper is unavoidable. Public roads and approaches to first-class crossings are to be metalled Avith coarse river gravel or approved hard stone, laid on and spread as directed, so as to average twenty-two cubic yards per lineal chain of road. Private roads are to be metalled with coarse river gravel or broken stone of approved quality, laid on and spread as directed, so as to average nine cubic yards per lineal chain. The whole of the metal is to be broken to pass through a two and a half inch ring.

Roads not to be obstructed.

Cuttings.

Drain,

Embankments.

Punning.

Road alterations.

Metalling.

D.—No. 19.

"Pour first-class, four second-class, and six third-class crossings, with two cattle-stops to each crossing, as per Drawing No. 8, shall be constructed at public and private roads AA rhere directed. They shall be carefully placed as to line and level, and finished in strict conformity Avith the drawing and the notes thereon. Each level crossing shall be metalled for a length of 66 feet on each side of the centre line, as above specified for the roads, and tile or timber box drains shall be put in the formation ditches where necessary for the drainage of the line or road. Eorty pair of malleable iron tubular or other approved gates, 12 feet wide, • hung to strong posts, and furnished with bolts and padlocks, shall be provided and hung at private crossings where directed. Cattle-stops, as shown in drawing No. 8, are to be put in where directed, not < exceeding forty in number, besides those at level crossings. MATERIALS. 11. Except where otherwise specified, all the materials used under this contract shall be of following kinds and descriptions : — All masonry, except archwork, coping, and string courses, to be of rubble laid 1 in cement-mortar. Bond-stones, tw ro feet long, to be put in every square yard of both face and back of work. All spalls are to be set in mortar, and not laid dry, and afterwards grouted. Eacework must have no stone containing less than onequarter of a cubic foot. The Avork shall be grouted every foot in height; archwork shall be of brick, set in cement-mortar; but Avhere flat-bedded stone exists approved by the Engineer, the Contractor may use it for arches, but he must in that case increase the thickness of the arches 25 per cent, beyond that shown on drawings. All wingwalls, parapets, and abutments shall be finished with a coping of brick on edge, one brick wide, set in cement. The coping is not generally shown on draAvings. The whole of the masonry is to be neatly pointed. A layer of puddle, 9 inches thick, to be put over the arches of culverts. i All timber shall be of matai or totara, or other timber specially approved; it i shall be heart-wood, except as shown on Drawing No. 12, and shall be straight and sound, free from shakes, large knots, and other imperfections. The whole of the straps and bolts shall be made of 8.8. crown iron, or other 1 iron of equal quality, of the dimensions shown, the whole to be finished and fixed in a workmanlike manner. Bolts shoAvn or specified shall have a square head, of which the thickness shall ] be equal to the diameter of the bolt, and the width twice the diameter of the bolt. They are to be tapped with a good clean thread, and shall have a nut equal in size to the head of the bolt, and shall be provided with one or more washers 3 inches diameter. BRIDGES AND TIMBER OPENINGS. 12. Bridges, as per detail draAvings, shall be erected where shown on 3 longitudinal section. All joints, shoulders, and sides of tenons and scarfs to be worked perfectly j true, and to fit accurately, and to be covered with red lead before being put together. Tenons generally to be 5 inches long, and to be draw-bored to receive trenails of hard wood made with liolloav auger or trenailing machine. All trenails to be Avell seasoned and kept dry, and to be one-sixteenth of an inch more in diameter than the hole bored for them, and to be covered Avith red lead before bein«' driven. All capsills and mudsills to be mortised on to posts or piles. All string pieces to be accurately notched down to capsills or floor beams by notching & inch from each, to be scribed and accurately fitted. Diagonal braces, where placed inside the panel, are to be notched together as described for string pieces. All piles are to be rung before driving with a 3 inch by £ inch rounds hoop. The piles are to be shod with a substantial iron shoe weighing not less than 30 lbs., securely fixed; the point of the pile to be cut true, and to be squared off at the end to 3 inches square, and to have true bearing against the shoe. No pile-driving is to be commenced at any bridge, opening, or other work without giving six days' notice previously to the Engineer in charge of the works.

Level crossings.

Gates.

Cattle-stops.

Masonry.

Puddle.

limber.

Malleable iron.

Bolts and nuts.

Bridges, &c.

foints.

Piling.

99

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100

RAILWAY CONTRACTS,

The Contractor shall provide all proper rods and gauges for setting out and testing the dimensions of bridges and timber openings that the Engineer may require. CULVERTS AND DRAINS. 13. Timber culverts shall be erected where shown on longitudinal section. The frames shall be accurately mortised and tenoned and pinned; the planking to be securely spiked on to the frames, the whole of the timber to be heart of totara or matai; the outer side of the planking need not be reduced to the dimensions given, but there must in every case be the full thickness specified of heart timber; the edges of the planking must fit truly for the whole thickness, and the planks must extend over at least two panels, and break joints as much as possible. Masonry culverts shall be erected where shown on longitudinal section. They shall be of rubble masonry, set in cement mortar, with coping of brick on edge. Sufficient catch-w rater and out-fall drains are to be dug at culverts, and all stumps and roots occurring in the line of ditch to be taken out. BALLASTING AND PERMANENT WAY. 14. The ballast is to consist of shingle, broken stones, or sand, previously approved of, and is to be disposed as shown on Drawing No. 9. In all cases the embankments and cuttings are to be cleared from mud, and brought to an uniform formation level before the ballast is laid on. The permanent way is to consist of a single line of rails laid to a gauge of 3 feet 6 inches, and sidings provided and laid where directed, amounting in all to three miles of sidings. The Contractor is to provide and have upon the ground at all points when the work is proceeding a sufficient supply of all such templates, tools, gauges, and other implements as are necessary and are usually required in the laying of permanent way, or as may be required by the Engineer. About three thirty-seconds of an inch of space is to be left between the ends of the rails when fixed in place, or such other space as the, Engineer may direct, according to the season. Eor the curves, the rails will require bending. This, as well as the straightening of all bent rails, must be effected by a press, or by striking with wooden hand-beetles on wooden blocks. In all cases, whether of straightening of bent rails or of bending rails to the necessary curves, the rails must be set permanently to the form required before being laid, and no temporary bending, springing, or straightening, either by dragging with a lever and hook, or by any other means of a like character, will on any account be permitted. Great care must be taken to lay all the sleepers square to the rails on straights, and as near as may be on curves. Where the line is straight, the rails will be level across the line; but where the line is curved, the rails will be canted, the difference of level between the two rails being such as the Engineer shall order. When suitable material for ballast is not found immediately on the line, the sleepers may be laid on formation, being carefully tamped with dry earth. The Contractor will be permitted to run ballast and material trains over the line thus laid at a speed not exceeding ten miles an hour, but the ballasting and lifting must be proceeded with with all possible despatch. The changes of gradients shall be made by a gradual curve. There are to be 2,050 sleepers per mile, to be spaced as directed. The folloAving timbers to be used to the extent of not less than 75 per cent, of the whole : —Totara, jarrah, Oregon pine, kauri, or puriri. The remaining 25 per cent, may be of matai {Podocarpus spicata) or birch [Fagus jusca or Solandri). They shall be 7 feet long, and 7 inches by 5 inches, all of heart. They are to be flatted top and bottom, true and out of wind; but any extra width beyond 7 inches need not be removed. The rail seats are to be accurately adzed to a correct bevel. The rails will weigh 40 lbs. to the yard; they will be jointed with Ibbotson's patent steel clip-joint, weighing about 12 lbs. each joint, and fastened to the

Contractor to supply *ods and gauges.

Timber culverts.

Masonry culverts.

Drains at culverts.

Rallast.

Permanent way.

Gauges.

Laying of permanent way.

Bending rails.

Laying Eleepers.

Sleepers.

Rails and fastenings.

D.—No. 19.

sleepers by six fang-bolts to each rail, and two spikes to each sleeper where fangbolts are not used. The rails and fastenings will be delivered to the Contractor at Invercargill, and he shall be responsible for all materials delivered to him. USE OF PERMANENT WAY MATERIALS BY CONTRACTOR. 15. Permanent way materials shall not be laid doAvn or employed within 100 yards of the face of any excavation or the end of any embankments, nor used for hauling earthwork before the ballast is laid. When the Contractor shall have complied AA rith the aboA'c requirements, he may use the rails and other permanent way materials for the purpose of hauling earthwork or materials on parts of the line. SIDINGS. 16. The Contractor shall construct at his own cost, at such points as may be indicated by the Engineer, three miles of sidings, including 10,000 cubic yards of earthwork, and the necessary ballast, sleepers, and laying of permanent way similar to that of the main line, without points and crossings. Ho shall also make and construct, wherever required, such station-grounds, buildings, points, crossings, extra sidings, telegraph and other things required for station accommodation, and shall furnish the Engineer monthly with a detailed statement showing their actual cost, exclusive of all cost of management, properly supported by vouchers, or as otherwise directed, and to this cost a sum equal to ten pounds per centum shall be added for Contractor's profits, and this amount shall be in addition to the contract sum. TELEGRAPH. 17. A single Avire telegraph Avill be constructed and paid for as for station accommodation, and the use of it allowed to the Contractor during construction of the works. During the period of maintenance the Government will transmit, free of charge, all messages sent by the Contractor on the business of the Railway. ROLLING STOCK. 18. The Contractors shall take delivery from the ship's side at the Bluff of the articles of rolling stock enumerated beloAV, and shall land, erect, and place the same on the line in Avorking order, and bear all cost of the same, except the carriage from the Bluff to Invercargill. LIST OF EOLLINO STOCK. 3 locomotives. 12 carriages and break-vans. 24 Avaggons. USE OF ROLLING STOCK. 19. The Government will furnish the Contractors Avith such locomotives and rolling stock as they may have on the line, the Contractors to pay the wages of the engine-drivers and stokers, who must be approved by the Engineer, and to furnish fuel, Avater, oil, grease, waste, &c, at his own expense. The Contractors shall also return such rolling stock as may be lent to them in as good order as Avhen received by them —reasonable tear and wear excepted. In the event of the Government being unable to supply locomotives and rolling stock when needed by the Contractors, an extension of time will be granted for the completion of the contract; such extension of time to be fixed by the Engineer. John Carruthers. John Brogden and Sons. 31

Use of permanent way materials by Contractor.

Sidings.

Telegraph.

101

INVERCARGILL AND MATAURA.

D.—No. 19,

INVERCARGILL AND MATAURA RAILWAY CONTRACT.

102

THE INVERCARGILL AND MATAURA RAILWAY. List A. Name. Mileage. Description. -n ° r Drawings. Miles. Chains. Puni Creek ... ... 16 Timber Bridge —Superstructure to bo renewed ... 1. „ „ ... ... 1 34 Timber 3 13ft. openings ... ... ... 2, Eig. 1. Waihopia River ... ... 5 6850 „ 9 13ft. „ ... ... ... 3. „ „ . ... ... 9 7 „ 5 13ft. „ ... ... ... 2, Fig. 2. OterCreek ... ... 25 32 „ 5 13ft. „ ... ... ... 4, Eig. 1. ' Creek ... ... 28 10 „ 3 13ft. „ ... ... ... 4, Eig. 4. Waimumu ... ... 31 35 „ 2 30ft., and 1 19ft. ... ... ... 5. Charlton Creek ... ... 30 23 „ 3 13ft. openings ... ... ... 4, Eig. 2. Swamp ... ... 38 15 „ .4 13ft. „ ... ... ... 4, Eig. 3. Mataura Eiver ... ... 39 70 10 40ft.openings. Timber,superstructure,masonry, sa. abutments, and piers Culverts— 20 3 feet. ... ... ... Timber ... ... ... ... ~\ 5 4 „ ... ... ... „ ... ... ... ... I „ 5 6 „ ... „ C b' 6 18 inches ... ... ... ~ ... ... ... ... J 1 4 feet ... ... ... Masonry ... ... ... ... ... 7. Level crossings ... ... ... ... ... ... ... ... 8. Cross sections of cuttings and ... ... ... ... ... ... 9. embankment Plans and longitudinal sections, ... ... ... ... ... ... 11. 32 sheets John Caeeutiiees. John Beogden and Sons.

GENERAL FENCING SPECIFICATION. The fencing to be used shall be of three kinds, to be known as Qualities Nos. 1, 2, and 3. Quality No. 1. —Quality No. 1 shall consist of a sod wall, 3 feet 3 inches broad at base, 1 foot 3 inches broad at top, and 4 feet 6 inches high. It shall bo carefully built in uniform layers from 8 to 10 inches thick, and bonded together. A ditch at least 2 feet 6 inches wide, and 1 foot 6 inches deep, shall be dug on each side, and carried through the wall where necessary for the drainage of the line or adjoining land. The wall is to be carried over such ditches on sound totara timber 3 inches thick. Quality No. 2. —Quality No. 2 shall consist of post, ditch, mound, three wires, and top rail. Quality No. 3. —Quality No. 3 shall consist of post, five wires, and top rail. The timber used in Qualities Nos. 2 and 3 shall be totara, matai, kauri, or manuka, or other specially approved timber. The posts to be of split timber, cut square at ends, mortised for rails, and well rammed when in their places. A straining post, 9 feet long, 6 inches in diameter, and well stayed, shall be put in at intervals of not more than 5 chains, and at each crossing of existing fences. The top rails shall also be of split timber, scarfed at ends, neatly fitted into mortise holes cut in the posts, and securely fixed with wedges. The wires shall consist of the best black annealed wire of No. 5 Birmingham gauge, and shall be fastened to outside of posts Avith suitable staples. The mound, in fencing Quality No. 2, shall be of tough firm sods, as specified for sod wall. It shall be 3 feet wide at base, 2 feet wide at top, and 1 foot 6 inches high. Existing fences crossed and cut clown shall be connected with the railway fences, and left in a condition at least equal to that in which they were found. The Contractor shall provide temporary slip-rails or panels in the permanent fencing where required for the accommodation of occupiers, and Avill give every other facility of access to their lands across the line until the permanent crossings and roads are constructed. John Carruthers. John Brogden and Sons.