executing these presents) and with the consent of the said James Macandrew as such Superintendent as aforesaid (testified by his signing these presents and causing the Public Seal of the said Province of Otago to be hereby affixed) doth hereby assign transfer and set over unto the said Richard Oliver and Thomas Birt Ulph their executors administrators and assigns all that the equal half share and interest of him the said John Thomas Chaplin of and in the said in part recited deed or agreement of the twenty-fifth day of January one thousand eight hundred and seventy and all the estate right title benefit advantage profit claim and demand whatsoever of him the said John Thomas Chaplin of in or to the same. And also all that the equal half share and interest of him the said John Thomas Chaplin of and in the sum of five thousand pounds deposited by the said David Proudfoot and John Thomas Chaplin with the Provincial Treasurer of the Province of Otago to be held by the Treasurer as security for the due completion of the railway and other works in the said agreement mentioned and the interest now due and henceforth to become due for the same. And all the right and interest claim and demand whatsoever of him the said John Thomas Chaplin therein and thereunto together with power for the said Richard Oliver and Thomas Birt Ulph and the survivor of them and the executors and administrators of such survivor and their or his assigns to demand sue for recover and give valid receipts for the said equal half share and interest of and in the said sum of five thousand pounds and all interest due or to become due for the same in the name or names of the said John Thomas Chaplin his executors or administrators and for the purposes aforesaid or any of them to execute and do all such instruments and things as shall be necessary or expedient. To have and to hold the said share and interest so to be unto the said Richard Oliver and Thomas Birt Ulph their executors administrators and assigns in as full ample and beneficial a manner as he the said John Thomas Chaplin could or might have been entitled to if these presents had not been made. And the said John Thomas Chaplin doth hereby make nominate and constitute the said Richard Oliver and Thomas Birt Ulph their executors administrators and assigns his true and lawful attorneys irrevocably in his name or otherwise but for the sole use and benefit of them the said Richard Oliver and Thomas Birt Ulph their executors administrators and assigns to do perform and execute every act matter and thing whatsoever requisite or necessary for carrying the said in part recited deed or agreement into full effect. Provided nevertheless and it is hereby declared and agreed by and between the said parties hereto of the first and fourth parts that the said Richard Oliver and Thomas Birt Ulph their executors administrators and assigns shall and will at all times hereafter indemnify and save harmless the said John Thomas Chaplin his heirs executors administrators and his and their estate and effects from and against all costs charges and damages which he they or any of them shall or may pay sustain or be put unto by reason of any action or suit in pursuance of the power hereinbefore given. And the said John Thomas Chaplin doth hereby for himself his heirs executors and administrators covenant with the said Richard Oliver and Thomas Birt Ulph their executors administrators and assigns in manner following (that is to say That for and notwithstanding any matter or thing by him done omitted or knowingly suffered the said in part recited deed or agreement is a good and valid agreement and not in anywise forfeited surrendered or otherwise made void. And that he the said John Thomas Chaplin hath full power and lawful authority to assign his said share and interest of and in the same and in the said sum of five thousand pounds and the interest thereon in manner aforesaid. And also that he the said John Thomas Chaplin his heirs executors and administrators shall and will at any time hereafter upon the reasonable request and at the costs and charges of the said Richard Oliver and Thomas Birt Ulph their executors administrators and assigns do and perform all such further and other acts for the better or more fully and satisfactorily assigning and assuring his said share and interest of and in the said in part recited deed or agreement and of and in the said sum of five thousand pounds and the interest thereon as by the said Richard Oliver and Thomas Birt Ulph their executors administrators or assigns or by their counsel in the law shall be advised and required. And the said Richard Oliver and Thomas Birt Ulph do and each of them doth hereby for themselves and himself their and his heirs executors administrators and assigns covenant with the said John Thomas Chaplin his heirs executors and administrators and also as a separate and distinct covenant with the said James Macandrew as such Superintendent as aforesaid and his successors in office. That they the said Richard Oliver and Thomas Birt Ulph their heirs executors administrators or assigns or some or one of them shall and will well and truly perform and observe all the covenants agreements provisions and conditions respectively which are mentioned or contained in the said in part recited deed or agreement and which on the part of the said John Thomas Chaplin his heirs executors administrators and assigns are thereby agreed to be performed and observed and that they the said Richard Oliver and Thomas Birt Ulph their heirs executors administrators and assigns will be bound by the said deed or agreement and every covenant and agreement therein contained or implied in every respect as if they the said Richard Oliver and Thomas Birt Ulph had been originally parties thereto and as if the names of the said Richard Oliver and Thomas Birt Ulph had been inserted in the said deed or agreement in lieu of the name of the said John Thomas Chaplin in every place throughout the said deed or agreement in which the name of the said John Thomas Chaplin occurs therein. In witness whereof the said parties hereto of the first second and fourth parts have hereunto set their hands and seals and the said James Macandrew Esquire the Superintendent for the time being of the said Province of Otago hath hereunto set his hand and caused the Public Seal of the said Province of Otago to be hereunto affixed the day and year first before written.

Signed sealed and delivered by the said John Thomas Chaplin David Proudfoot Richard Oliver and Thomas Birt Ulph in the presence of B. C. Haggitt Solicitor Dunedin

Signed by James Macandrew Esquire Superintendent of the Province of Otago and sealed with the Public Seal of the said Province in presence of John Logan of Dunedin Secretary to Superintendent

JOHN THOMAS CHAPLIN (L.S.)
DAVID PROUDFOOT (L.S.)
RICHARD OLIVER (L.S.)
THOMAS BIRT ULPH (L.S.)

JAMES MACANDREW (L.S.)

In the Supreme Court of New Zealand,
Otago and Southland District.

No. 3805.

Between William Strachan, Plaintiff, and Hugh Fraser, Defendant.

NOTICE is hereby given, that by virtue of a writ of fieri facias, to me directed and delivered, issued out of this Honorable Court in this cause, on the seventeenth day of September last, and of "The Execution of Judgments against Real Estate Act