85
tors administrators or assigns at any time during the
continuance of these presents, cease to work the said
Railway for the carriage of goods and passengers ac-
cording to the provisions herein contained all payments
of Guarantees, under these presents shall cease during
any time or times the said Railway shall not be worked
in accordance with such provisions; And for the con-
siderations aforesaid the said David Proudfoot and
John Thomas Chaplin for themselves their heirs execu-
tors administrators and assigns doth hereby further
covenant promise and agree with and to the said Super-
intendent that they the said David Proudfoot and John
Thomas Chaplin their executors or administrators will
not assign transfer or otherwise part with their interest
in the said Railway and Works or in this agreement
without the consent in writing of the said Superinten-
dent first had and obtained for that purpose except upon
and subject to the covenants hereinafter contained And
further that if the said Superintendent shall at any
time after the expiration of five years from the date
upon which the said Railway and other Works shall
have been purchased and constructed as aforesaid be de-
sirous of purchasing from the said David Proudfoot and
John Thomas Chaplin their heirs executors administra-
tors or assigns at the then marketable value the inte-
rest of the said David Proudfoot and John Thomas
Chaplin their executors administrators and assigns in
the said Railway and other Works and under this
agreement and of such desire shall give twelve months’
notice to the said David Proudfoot and John Thomas
Chaplin their heirs executors administrators or assigns
either personally or by leaving the same at their usual
or last known place of business or abode in the Pro-
vince of Otago aforesaid then and in such case the
marketable value of the interest of the said David
Proudfoot and John Thomas Chaplin their executors
administrators and assigns in the said Railway and
other Works and under this agreement shall be ascer-
tained by three competent persons one to be chosen by
the said Superintendent and another by the said David
Proudfoot and John Thomas Chaplin their heirs execu-
tors administrators or assigns and the third by the two
Arbitrators so chosen And the said arbitrators in
making their said valuation shall take into considera-
tion the value of the improvements made by the said
David Proudfoot and John Thomas Chaplin their
executors administrators and assigns upon all lands
which shall have been conveyed to them by the Super-
intendent or his successors free of charge or which
shall at the time of such valuation be held by them or
him of the said Superintendent or his successors in
office and shall not take into their consideration the
value of such lands And the award of the said Arbi-
trators or of any two of them shall be conclusive as to
such value and the costs of such valuation shall be
borne equally between the said Superintendent and the
said David Proudfoot and John Thomas Chaplin their
heirs executors administrators or assigns And the value
awarded shall be paid within three calendar months
after notice of the Award shall be given by the said
Superintendent upon payment of such valuation the
said David Proudfoot and John Thomas Chaplin
their heirs executors administrators or assigns shall well
and effectually convey and assure all the lands heredita-
ments and premises upon which the line of Railway
shall be constructed and which shall be held in connec-
tion therewith and the inheritance thereof in fee simple
together with the said Railway and other Works and
shall assign and transfer all rolling and other stock
plant and effects of the said Railway or of the said
David Proudfoot and John Thomas Chaplin their heirs
executors administrators or assigns used in connection
therewith unto the said Superintendent or as he shall
direct Provided also and it is hereby further declared
and agreed that in case any question shall at any time
arise between the said parties hereto touching the con-
struction of these presents or any clause matter or
thing herein contained or any other matter or thing
arising out of or under these presents such ques-
tion difference or dispute shall be referred to the arbi-
tration of two indifferent persons one to be named by
the said Superintendent and the other by the said
David Proudfoot and John Thomas Chaplin and the
award of such Arbitrators or in case they disagree of
an Umpire to be chosen by them before they shall pro-
ceed in such reference shall be final conclusive and
binding upon them And in case either of the parties
hereto or their respective representatives shall neglect
or refuse to appoint or name an Arbitrator in his or
their behalf for the space of fourteen days after he or
they shall have been required to do so by notice in
writing from the other so to do (such notice to be
served personally or to be left for him or them or sent
by post to his or their usual or last known place of
business or abode in the Province of Otago) it shall
be lawful for the party so requiring such nomination
to appoint an Arbitrator on the part of the party so
neglecting or refusing and the decision or award of
such two Arbitrators or of such Umpire shall be bind-
ing and conclusive on the parties to these presents and
their respective representatives And it is hereby
declared that such submission and reference shall at
the instance of either of the said parties be made a
Rule of the Supreme Court of New Zealand In
witness whereof James Macandrew Esquire as such
Superintendent of the Province of Otago as aforesaid
hath hereunto set his hand and caused the Public
Seal of the said Province to be hereunto affixed and
the said David Proudfoot and John Thomas Chaplin
have hereunto set their hands and seals the day and
year first before written.

THE SCHEDULE ABOVE REFERRED TO

Specification and Particulars of the several descriptions

of Work to be performed in the construction of
the Dunedin and Port Chalmers Railway.

EARTHWORK.

All the cuttings shall be at least 10 feet in clear
width at formation level with slopes in ordinary soil of
1 to 1½, but if in rock a less slope may be made.

Embankments shall be at least 12 feet in width at
formation level, with slopes of 1½ horizontal to 1
vertical, excepting in any portion of the line in which
the contractor may elect to retain them by walls of
masonry, when the slope can be reduced to suit the
nature of the ground, and the foundations to be ob-
tained.

Sidings and portions of the line partly in cutting
and partly in embankment shall be 11 feet in width at
formation level, the slopes being the same as in the
two former clauses.

CULVERTS.

Culverts shall be of stone, brick, or iron. If in stone
of good substantial bluestone rubble masonry, set in
Oamaru lime mortar, above the line of high water
spring tides, and in Portland Cement below that level.
The lime mortar to be in the proportion of 1 to 2 of
clean sharp sand, and the cement to be used in
the proportion of 1 to 3 of clean sharp sand. All the
culverts above 2' 6" opening to be arched with coursed
and radiating stones springing from proper skewbacks.
The inverts shall also be of coursed and radiated
stones set and grouted in cement.

If in brickwork they shall be built with the best
kiln burnt hard stock bricks set in mortar or cement of
the description and in accordance with the foregoing
clause. The arches of culverts in brickwork shall be
semicircular and the inverts shall be set and grouted
with cement.

The ends of culverts shall be faced and wing walls
carried out in rubble masonry or brickwork.

The aprons to be rough pitched and grouted.