39

E.—9

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 ther eof, 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 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. POAVER TO REQUIRE DISMISSAL OF ANY AVORKMAN. 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. 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 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 B—E. 9.