THE NEW ZEALAND GAZETTE. 193

Article 18. The Contractor, by informing the Go-
vernment beforehand, can leave out two trips per
annum from thirteen.
Article 19. Every competitor must attach to his
tender a receipt for a deposit of the sum of 1,000
francs with the Treasury, as a guarantee for the sin-
cerity of his tender.

This deposit will be restored immediately after a
tender has been accepted to those who have not
been declared Contractors.

It will be refunded to the Contractor only after
giving the special security provided by Article 16.

The payment of the security has to be effected to
the Treasury within twenty days from the date of
the notification to the Contractor of the acceptance
of his tender by the Governor in Council.

Article 20. The payment of the subsidy and all
the other accounts will take place at Noumea at the
end of each voyage, upon a certificate by the Har-
bour Master stating that the trip was effected ac-
cording to the conditions of the Contract Regulations,
and on the production of invoices and bills of lading
proving that the service has been duly executed.

In leaving each revictualling point, the captain has
to get, for his discharge, a receipt for the packages
delivered in good condition: should this be the case,
he shall receive an état néant (state of discharge).

It is only by means of these justifications that the
payment will be effected.

These payments will be made either by cash or
drafts on the Central Treasurer in Paris, under
deduction of 3 per cent. for the benefit of the fund
for naval invalids, according to Article 23 of the
legislation for finances of the 8th July, 1852.

In case of packages marked in similar shape having
been landed in any other station than that of their
real destination, a caution-fine of 100 francs for each
packet so landed can be inflicted, without any preju-
dice whatever to legal proceedings against the Con-
tractor in case of loss of the packages.

Article 21. The duties for stamping and regis-
tering the present contract rests with the Contractor,
who will be bound to furnish, at his costs, 25 copies
of the present Contract Conditions, as well as procès
verbal and contract bond, which have to follow.

Article 22. In case of death or bankruptcy of the
Contractor, the heirs or parties concerned can carry
on the contract only with the approval of the
Governor in Council.

Article 23. In case of a tender where it would
seem that all of the offered conditions would not be
accepted, the Governor in Council can reject such
tender.

Article 24. The adjustment will take place at
Noumea, with publicity, on the 1st March, 1877, at
2 p.m., in the office of the Director for the Interior,
when the sealed tenders will be opened by this
official, assisted by the Chief of the Third Office.

Article 25. Tenders must be distinctly written
and indorsed "Offer for Public Contract for the Per-
formance of Transport Services." (By sea between
Noumea and various points along the Coast of New
Caledonia.)

They must be signed by the tenderer or his private
attorney resident in the colony. In this latter case,
they have to be accompanied by a power of attorney,
which can be given by public act or private seal,
even by simple letter only.

These tenders shall not contain any restrictive or

ditions of the Contract Regulations, the captain of the ship will
have to make a well-grounded report, which shall be submitted
to the examination by a nautical commission, consisting of first
ship officer or harbour-master at Noumea, one member of the
Tribunal of Commerce, appointed by the President, an officer of
the mercantile marine; finally, the matter would be laid before
the Council.

exceptional clause, and shall be according to formula
appended to these Contract Conditions.

The competitors are admitted to make the deposit
of their tenders only within the fifteen minutes
following the hour indicated in Article 24 for the
opening of the sitting.

Article 26. Any tender which is not written on
stamped paper will be set aside.

Article 27. In the event of several tenders being
of the same amount, and this amount being found
the lowest tendered at, these tenderers would then
be permitted during the continuance of the sitting
to write out fresh tenders privately in the sitting-
room. No reduction less than 5 per cent. will be
received. If these new offers, which can be written
once only, should still agree in their respective
amounts, the Commissioner will then be empowered
to proceed to draw lots.

Article 28. The results of the competition will
be stated by a procès verbal relating all the circum-
stances of the proceeding.

If the Contractor or his representative should re-
fuse to sign either the procès verbal of the sitting or
his engagement transcribed at the continuation of
the said procès verbal, or if, in the delays fixed by
Article 20, he has not realized the necessary security,
the guarantee deposit shall be forfeited to the Trea-
sury.

Article 29. All disputes relative to the present
contract shall be decided by the Government. The
same will apply to those which may occur through
errors in shipping and discharging.

Noumea, the 8th November, 1876.

The Chief of the 3rd Office,
(Sd.) MALIGNON.

Seen and submitted to the approbation of the
Admiral Governor in Council.

The Director for the Interior,
(Sd.) ED. LITTAYE.

Approved in the sitting of the Council on 13th
November, 1876.

The Rear-Admiral Governor,
(Sd.) DE PRITZBUER.

FORM OF TENDER.

I, the undersigned [Name, Christian name, and qualification],
living in New Caledonia, and having elected Noumea as resi-
dence, acting for my own account [or, if he is Agent acting
under power of attorney for a foreign party, or one not in the
colony, acting in the name and for account of Mr. (Name,
Christian name, and qualification), by virtue of powers he has
conferred upon me, and which I attach herewith] declare, after
having taken due notice of the Contract Conditions relative to
the maritime transport between Noumea and various points of
New Caledonia, for which I make a tender, to engage myself to
the Director of the Interior, stipulating in the name of the
colony, to carry out this transport at the conditions stipulated
in contract, at
francs for voyage.

In the event of Gatopi being made a port of call, the said
amount must be increased by
Noumea, the
, 1876
(Signature, distinctly written.)

For true copy, seal and signature of the Director for the
Interior.

Resignation of Registration and Returning Officer
accepted.

Colonial Secretary's Office,
Wellington, 15th February, 1877.

HIS Excellency the Governor has been pleased to
accept the resignation by

JOSEPH GILES, Esq.,

of his appointments as Registration and Returning
Officer for the election of Members of the House of
Representatives for the District of Wanganui.

CHARLES C. BOWEN,

(in the absence of the Colonial Secretary).