Legal and Contractual Notices




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may be indicated by the Superintendent.

The contractors for the performance of any work or service will be required to perform the same, as it may be ordered for the Provincial Government by some officer authorized by the Superintendent in that behalf.

The Government does not bind itself to accept the lowest or any of the tenders sent in.

Any of the contracts may be annulled upon the expiration of one calendar month’s notice, in writing, of an intention to discontinue the same, to be given by the contractor on the one part, or by the Superintendent, or by some person authorized by him, on behalf of the Provincial Government, on the other part.

Payment for any of the above supplies, works, or services will be made monthly, after the bills have been rendered in a complete state by the Contractor, and passed.

Tenders to be sealed and endorsed "Tender for (name of article or service)."

In the event of a difference of opinion between the contractor and the Officer receiving the supplies, the same is to be decided, in cases where the article is not of a perishable nature, by a Board of Survey composed of persons named by the Government. If the Board shall decide that the article is not of a proper quality, it must be immediately replaced by the Contractor, failing which it will be procured by the department requiring it, and the expense charged to the contractor.

In cases where the article is of a perishable nature, or in which, from some other cause, injury would be sustained by waiting for a Board of Survey, the head of the department, or officer in charge, for whom the supplies are to be received, shall have power to reject any article of a quality inferior to the approved sample, and to purchase others at the expense of the Contractor.

In the event of the contractor for the performance of any work or service being dissatisfied with the decision of the officer in condemning the same, the Superintendent will, upon the written request of the Contractor, made immediately after such decision, and the Superintendent may also, at any time, without such request, summon a Board of Survey to examine any work; and if such Board of Survey shall declare any such work to be inferior in quality to the work contracted for, or otherwise improperly done, the Contractor, upon notice thereof, shall immediately replace such work by other, satisfactory to the Board of Survey; and in default thereof, the Superintendent, or some officer authorized by him in that behalf, is hereby authorized to procure such work to be replaced in any manner he may think fit, and the contractor shall bear and pay to the Provincial Government all costs, charges, and expenses attendant thereon, as well as any excess of price for the same, together with a sum of money, by way of penalty, equal to one-fourth of such costs, charges, and expenses, and excess of price, all of which are hereby made chargeable on any sum which may be due from the Provincial Government to the contractor.

The tenders (forms of which may be obtained at this office) to contain the names and places of residence, at length, of the persons tendering, and to be signed by two respectable sureties, engaging to become bound in a penalty of £100 for the fulfilment of the contract if the tender be accepted, and no tenders will be received unless upon such forms.

All contract bonds must be signed by the contractor and his sureties before the date of entering upon the contracts.

No person whatever holding any situation of profit or emolument under Her Majesty’s Government of New Zealand, or under the Government of this Province, shall be a party, directly or indirectly, to any Contract.

ROBERT GRAHAM,
Superintendent.

IN THE SUPREME COURT OF NEW ZEALAND.

THE DEBTORS AND CREDITORS ACT, 1862.

In the Petitions of EUGENE BELLAIR, of Auckland Surveyor; of JAMES WALKER, of Cabbage Tree Swamp, Settler; and JOHN RATTRAY, of Auckland, Merchant.

NOTICE is hereby given that a Sitting of the Court will be holden at the Court House, Auckland, on the Twentieth (20th) day of December next, at Eleven o’clock in the forenoon, for the further hearing of the Petitions of the above-named Debtors and for the despatch of all business accruing under the said Act.

Dated the Twenty-ninth day of November, 1864.

THOS. OUTHWAITE,
Registrar.

IN THE SUPREME COURT OF NEW ZEALAND—NORTHERN DISTRICT.

THE DEBTORS AND CREDITORS ACT, 1862.

In the Petition of JOHN RATTRAY, of Auckland, Merchant.

NOTICE is hereby given that the Creditors of the above-named Debtor are, on or before Nineteenth day of December next, to come in and prove their debts at the Supreme Court Office, Auckland, or in default thereof they will be peremptorily excluded from all benefit arising from the said estates.

Dated the Twenty-ninth day of November, 1864.

THOS. OUTHWAITE,
Registrar.

N.B. The proof of debts must in all cases in the first instance be by affidavit.



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Online Sources for this page:

VUW Te Waharoa PDF Auckland Provincial Gazette 1864, No 32





✨ LLM interpretation of page content

🏗️ Tenders for Provincial Supplies (continued from previous page)

🏗️ Infrastructure & Public Works
28 November 1864
Tenders, Provisions, Lunatic Asylum, Hospital Supplies, Stationery, Printing, Washing, Carting, Paper, Miscellaneous Stationery, Panmure Ferry, Onehunga and Mangaree Ferry
  • ROBERT GRAHAM, Superintendent

⚖️ Debtors and Creditors Act Notices

⚖️ Justice & Law Enforcement
29 November 1864
Debtors, Creditors, Court Hearings, Auckland
  • Eugene BELLAIR, Petitioner under Debtors and Creditors Act
  • James WALKER, Petitioner under Debtors and Creditors Act
  • John RATTRAY, Petitioner under Debtors and Creditors Act

  • THOS. OUTHWAITE, Registrar

⚖️ Notice to Creditors of John Rattray

⚖️ Justice & Law Enforcement
29 November 1864
Creditors, Debt Proof, Auckland
  • John RATTRAY, Debtor under Debtors and Creditors Act

  • THOS. OUTHWAITE, Registrar