D.-7

3

delivery to the Company at its registered office in Wellington of a notice in writing from the Engineer specifying the nature and extent of the addition, alteration, or repair required, or the class and character of the rolling-stock, plant, or material to, he supplied, the Company shall cause the same to he made, executed, or supplied within the period specified in such notice, as the case may require. 6. 2£fjo Company shall not assign, charge, or dispose of this contract, or any benefit or advantage thereof or thereunder, either at law or in equity, without the written consent of the Governor on behalf of the Queen. &n& Ifjtg tt«S further foitnesset!) that, subject to the provisions of the said Act and in consideration of the premises, the Queen doth hereby covenant with the Company in manner following, that is to say, — 7. ®jje Queen will, with all convenient speed after the date of these presents, and free of all expense to the Company, put the Company in possession of that part of the said proposed line of railway, and of the works connected with the same, which lies between the points marked (a) and (b) on the map marked A hereunto annexed, and of all land required for the permanent works of that part of the said line of railway, including land required for side-cuttings, ballasting, spoilbanks, road approaches, and road diversions, which is at the date hereof in the actual possession of the Governor of the colony : prafciitretf that all lands of which possession shall be so given to the Company shall be subject to the terms and conditions of any contract, agreement, deed, or instrument that has heretofore been or may hereafter be made between the Queen or the Minister for Public Works, or any person on her or his behalf, and any other person or persons, for the purpose of giving or securing to such last-mentioned person or persons any right or easement of any kind whatsoever in, upon, through, over, or in respect of any such land or lands. 8. 2F!)e Queen will grant unto the Company, so far as she can lawfully do so, the right to deposit any part of the spoil or material which may be taken from cuttings or otherwise in the execution of the said works upon the land now covered with water within the Harbour of Wellington, the outer lines of which are shoAvn by a brown border in the map marked B hereunto annexed, so as to reclaim and raise the level of the said land to a level to be fixed by the Engineer; and the Company is to take all such steps as are by law required in that behalf in order to obtain legislative and other authority to reclaim and raise the level of the said land accordingly; and after obtaining such authority the Company is to carry out the said reclamation within the period of five years, computed from the date of these presents; and in carrying out the said reclamation the Company is to erect and maintain a sufficient reclaiming-wail or breastwork, to the satisfaction in. all respects of the Engineer. Clje Queen will, upon the completion of the said line of railway and of the works connected therewith, at the request of the Company, grant to the Company that part of the land shown upon the said map B,hereunto annexed, which is shown within a red border on the said map. ■pentutuj such grant as last aforesaid, and so long as the Company shall in all respects perform the conditions and stipulations on their part contained in these presents, the Company shall be entitled to use and occupy for the purposes of the Company any part of the land, comprised within the red border on the said map marked B hereunto annexed, which shall for the time being have been reclaimed. always that the power of reclaiming the said land shall only be exercised after the Company shall have obtained legislative sanction for the same from the General Assembly of New Zealand, and that nothing herein contained shall give the Company any claim for compensation or impose any liability whatsoever upon the Queen or the Government of the colony in the event of such legislative sanction being refused. 9. Wiyai Her Majesty the Queen will forthwith after the date of these presents grant and deliver over to the Company all such parts of the plant and materials mentioned in the First Schedule hereunto annexed as have already been used upon that part of the said line of railway which lies between the points