APRIL 6.] THE NEW ZEALAND GAZETTE. 473

to appoint an Arbitrator, in which request shall be stated the matters required to be referred to arbi-
tration, shall have been served upon the Government, or given to either of the Contractors, or left for
them at their last known office or place of business in London or in New Zealand (if any), as the case
may be, such last-mentioned party fail to appoint an Arbitrator, then upon such failure the party
making the request, and having appointed an Arbitrator, may appoint such Arbitrator to act on behalf
of both parties, and such Arbitrator may proceed to hear and determine the matters which shall be in
dispute, and in such case the award or determination of such single Arbitrator shall be final.

84. If, before the matters so referred shall be determined, any Arbitrator appointed by either
    party die or become incapable, the party by whom such Arbitrator was appointed, his successors in
    office, or successors, or executors, administrators, or assigns, may nominate and appoint in writing
    some other person to act in his place, and if, for the space of fourteen days after notice in writing from
    the other party for that purpose, he fail to do so, the remaining or other Arbitrator may proceed ex
    parte ; and every Arbitrator so to be substituted as aforesaid shall have the same powers and authori-
    ties as were vested in the former Arbitrator at the time of such his death or disability as aforesaid.

85. Where more than one Arbitrator shall have been appointed, such Arbitrators shall, before they
    enter upon the matters referred to them, nominate and appoint, by writing under their hands, an
    Umpire to decide on any such matters on which they shall differ, or which shall be referred to him;
    and if such Umpire shall die or become incapable to act they shall forthwith after such death or inca-
    pacity appoint another Umpire in his place, and the decision of every such Umpire on the matters so
    referred to him shall be final.

86. If in either of the cases aforesaid the said Arbitrators shall refuse or shall, for fourteen days
    after the request of either party to such arbitration, neglect to appoint an Umpire, the Governor for
    the time being of the Colony of New Zealand shall, on the application of either party to such arbitra-
    tion, appoint an Umpire, and the decision of such Umpire on the matters on which the Arbitrators
    shall differ, or which shall be referred to him, shall be final.

87. If, when a single Arbitrator shall have been appointed, or shall be proceeding ex parte under
    any of the provisions herein contained, such Arbitrator shall die or become incapable to act before he
    shall have made his award, the matters referred to him shall be determined by arbitration in the same
    manner as if no such Arbitrator had been appointed.

88. If, where more than one Arbitrator shall have been appointed, either of the Arbitrators refuse
    or, for fourteen days, neglect to act, the other Arbitrator may proceed ex parte, and the decision of such
    other Arbitrator shall be as effectual as if he had been the single Arbitrator appointed by both parties.

89. If, where more than one Arbitrator shall have been appointed, and where neither of them shall
    refuse or neglect to act as aforesaid, such Arbitrators shall fail to make their award within three
    calendar months after the day on which the last of such Arbitrators shall have been appointed, or
    within such extended time (if any) as shall have been appointed for that purpose by both such Arbi-
    trators under their hands, the matters referred to them shall be determined by the Umpire to be
    appointed as aforesaid, and the Umpire shall make his award within three calendar months after the
    time when his duties shall commence, or within such extended time (if any) as shall have been
    appointed for that purpose by the Umpire under his hand.

90. The said Arbitrator or Arbitrators, or their Umpire, may call for the production of any docu-
    ments in the possession or power of either party which they or he may think necessary for determining
    the question in dispute, and may examine the parties or their witnesses on oath, and administer the
    oaths necessary for that purpose.

91. The costs of every such arbitration and of the award shall be in the discretion of the
    Arbitrator, Arbitrators, or Umpire, who may direct to and by whom and in what manner the same or
    any part thereof shall be paid.

92. The arbitration shall take place and be conducted in London, and the Arbitrator or
    Arbitrators, or the Umpire, as the case may be, shall deliver his or their award in writing to the Govern-
    ment; and the Government shall retain the same, and shall forthwith on demand at their own expense
    furnish a copy thereof to the Contractors, and shall at all times on demand produce the said award,
    and allow the same to be inspected or examined by the Contractors or any person appointed by them for
    that purpose.

93. This submission to arbitration may be made a rule of the Supreme Court of Judicature in
    England or Ireland respectively, or of any division thereof, or of the Court of Session in Scotland, or
    of the Supreme Court in any of the said colonies, on the application of either the Postmasters-General
    or the Contractors.

94. This contract is subject to ratification and approval by the General Assembly of New Zealand
    if considered necessary or expedient by the Government.

95. In witness whereof Sir Francis Dillon Bell has, as Agent-General for New Zealand, for and
    on behalf of the Queen, hereunto set his hand and seal, and the Contractors have respectively set their
    hands and seals, the day and year first above written.

FORM OF BOND.

KNOW ALL MEN by these presents that we A.B., of , C.D., of , E.F., of , and
G.H., of , are jointly and severally held and firmly bound to HER MAJESTY THE
QUEEN, her heirs and successors, in the sum of ten thousand pounds of lawful money of the
United Kingdom of Great Britain and Ireland, to be paid to Her Majesty, her heirs and
successors, for which payment to be well and truly made we and each of us bind ourselves and
himself, our and his heirs, executors, administrators, and assigns, and every of them, firmly by these
presents, sealed with our seals. Dated this day of , one thousand eight hundred
and eighty-three.

WHEREAS by a contract made on the day of , one thousand eight hundred and eighty-
three, between Sir FRANCIS DILLON BELL, Knight Commander of the Most Distinguished Order of
Saint Michael and Saint George, the Agent-General for the Colony of New Zealand, for and on
behalf of Her Majesty the Queen, of the one part, and the above bounden A.B. and C.D. (who, in
the said contract, are designated and are hereinafter referred to as the Contractors), of the other part,