37

E.—9

CONTRACTOR NOT TO SUBLET WORKS 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 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 plants 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, mplements, or plant may have sustained during the completion of the work. LIABILITIES OF CONTRACTOR. 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 by the 31st August, 1873, except the reclamation of that portion of the station ground which lies to seaward of the most northerly of the lines of rails shown on the annexed plan No. 2 ; and except the reclamation of the land required for the Beach Road, which works shall be completed by the 31st of January, 1874. Provided that in so completing the said last-mentioned works the Contractors shall carry out and complete the same so as not, in the opinion of the Engineer, to interfere with the traffic upon the lines of railway adjacent thereto, failing which the __ mister 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 com-