1855-6.

VICTORIA.

MR. JOHN ALLAN'S OONTRAOT.

RETURN TO ADDRESS,

DATED 29m NOVEMBER, 1855-0N THE MOTION OF MR. O'BRIEN.

I,AlD UPON THE COUNCIL TABLE BY THE TREASURER,

BY COMMAND OF

HIS EXCELLENCY THE OFFICER ADMINISTERING THE GOVERNMENT,

, ORDERED BY THE COUNCIL TO BE PRINTED,

1S» ~ uttOtit!! :

C.-No. 25. u. JOHN FERRES, GOV.ERNMENT PRINTER, MELBOURNE.

SCHEDULE. OF CORRESPONDE~CE.

No. 1.

CONTRACT· WITH Mil. ALIJAN ..

, • PAGE

Tender by ]\'[1'. Allan for supplies in the district of Castlemainc.-21st December, 1853 3

Civil Commissary General to the Assistant Civil Commissary at Castlemaine, notifying tho accept­ance of tender by Mf. Allan .and others for the supply of rations and forage for certain stations in the Castlemaine district.-30th December, 1853 9

Same to same, on the subject of supplies for stations of Jones' 'Creek and Moliagul.-30th December, 1853·... ... ... ....... 9,

Same to snme, transmitting copy of a letter from J. Allal! on the subject of his contract for the supply of rations and forago.-9th January, 1854 \I

Mr. ,T. Allan to Civil Commissary !Jcneral, on subject of the bond scnt for his signature, as' security for the dne fnlfilment of his eontract.-7th March, 1854... 10

PAGE Civil Commissary General to J. Allan, in reply.-

9th March, 1854 ... 10 Assistant Civil Commissary, Melbourne, to Assist­

ant Civil Commis,sary ltt Castlemaine, in refer­ence to the execution of a bond by Mr. Allan for the proper performance of his contract.-9th March, 1854 ... ... 11

Mr. J'. Allan to Civil Commi3sary General, stating that a second contract had been entered into by him for supplying the out-stations in Castle-maine district.-16th March, 1854 ... Ii

Civil Commissary General to :Mr. J. Allan, in reply.-,20th March, 1854 ... ... 11

Second Tender by Mr. Allan, for supplies at Castlemaine, with certificate of lteceptltnce by Assistant Civil Commissary at Castlemaine.-5th January, 1854 12

No.2.

Mr. J. Allan to Colonial Secretary; rcquesting an immediate settlcmcIlt of his claim for supplies of forage and provisions.-20tll Murch, 1855 ... ,14

Civil Commissary General to. Colonial Secretary, transmitting certain documents relative to' ]IJr. John Allan's claim, am! suggesting the necessity of the production by :M:r. Allan of receipts fo1' the quantitie~ of the several articles uelivcl'ed by him.~22nd JIil!llch., 1855 16

Official Assignee, of John Allan to Coloni,tl Secre­tary, requesting immediate steps to be, taken for the settlement of :NIl'. Allan's claim on the Government.-29th March, 1855 IS

Same to same, I'C(lucstillg that all claims to pay­ments on account of J\1:r. Allan may, be sub­mitted to him previous to Jiquillation. - 4th

. April, 1855 .. , ... '" ... 18 Same to same, enquiring whethcr any decision has

been come to by the Government in reference to Mr. Allan's claim being referred to' llrbi-tration.-13th April, 1855 ... 18

Assistant Colonial Secretary to Official Assignee, notifying the determination of the Government to refcr the claims of Mr. Alla,n to arbitration, and requesting· that an arbitrator may be named. on his part.-14th April, 1855' 18 i

Official Assignee to John Allan to Colonial Secre­tary, notifying the appointment of .Mr. J. Francis us arbitrator on the part c,f Mr. J. Allan.-18th April, 1855 19

Same to same, requesting to know the name of the' . arbitrator appointed on the purt of the Govern-ment.-2Ist April, 1855 . ... 19

Assistant Colonial Secretary to Official Assignee, informing hinl of the appointment of :\ok Price as'arbitrator on the part of the Government.-24th April, 1855 ... i9

Award of Arbitmtors.-21st June, 1855 20 Assistant Colonial Secretary to Official Assignee,

cnquirillg to whom the amount of award in the case of Mr. Allan was to be paid.-29th Junc, 1855 20

,Official Assignee to Colonial Secrctary, cnqniring to whom he is to apply for payment of the sum awarded to Mr. Allan.-30th June, 1855 ... 21

Same to ,same., stating that the amount of award in favor of MI'. Allan is to be paid to him, as Official Assignee of his cstate.-4th July, 1855 21

Assistant, Colonial Secretary to Official Assignee, informing him that a Wal'rant has been prepared in his favor for the amount of the awunL-9th July, 1855 21

,No.3.

Official Assignee to Colonial Secretary, claiming compensation for losses and· injuries sustained by Mr. Allan on account of the non-payment of his claim.-3rd July, 1855 ... ... 22

.colonial Secretury to the Official Assignee, re­questing to bc informed upon what grounds his application for compensation is made. - 22nd July, 1855 ... .., ... ... 22

.Official Assignee to the Colonial Secretary, stating thc grol1nils of his claim for compensation to ~fl'. Allan,' and requesting to know in what manner ·the Governmcnt would wish to ascertain ·the amoJlnt of such compcnsation.-28th .Tuly, 1855 22

ColoniaLSecrctary 'to Official Assignee, agreeing to refer the c1aini of J\tIr. Allan to compensation to arbitration, and nominating Mr. Pricc as arbitrator on the part of the Government.-31st Jnly, 1855 23

Assistant Colonial Secretary to Mr. Price, notify-ing his appointment us arbitrator.-31st July, 1855 23

Official Assignee to the Colonial Secretary, stating that Mr. Francis has been appointed arbitrator on behalf of Mr. AlIan.-3rd August, 1855 24

Award of arbitrators.-3rd Oetober, 1855 24

No.4.

APPENDICES-consisting of letters to which refercnce is made in the previous correspondence •.

No. 10

FIRST TENDER,

<CONTRACT WITH MR. ALLAJ.~ AND CORRESPONDENCE IN REFERENCE

THERETO.

·.TENDERS FOR. THE COLONIAL SERVICE, IN THE DISTRICT OF CASTLEMAINE.

21st December. SIR,

In conformHy with the Notice from your Office, dated 7th November, 1853, I hereby tender to furnish the undermentioncd supplies, for the Colonial Service, in the District of Castle­maine, during the year 1854, at the following Rates, viz. :-

RATES. (In Words and Figures.) ARTICLES OF SUPPLY.

------------------1------------------1, -Immigrants.

For each Statute Adult, at per Ration ... Childern exceeding 1 yea~ in age, and under

14 years, one-half the above ............... . ·2.-To all Officers and ~ren employed in the

various Departments of the Government Service, to whom rations are allowed, at per Ration ................................... ..

S.-Prisoners confined in Gaol, at per Ration .. . 4.-Children of Female Prisoners confined in

Gaol, at per Ration .......................... . -5.-Prisoners confined in Lock-up or Watch:

houses, at per Ration ........................ . 6.-Daily Ration of Forage, at per Ration ...... . ·7.-Fucl and Light, at ......................... _ ... .. 8.-For Hospitals, Aboriginal Establishments,

Native Police, and all other Services, when ordered.

Ii (Flour, per lb. ................................... . ~ Fresh Beef and Mutton] ner lb ....... , ............ . '" Wheaten Bread, 1st, 2nd; and Sra .Quality ~ Maize Meal, per lb ............................. .. .;; Port 'Vine, per dozen .......................... . § 'Arrowroot, per lb ............................. .. ~ 1 Rice, per lb. . ................................. .. :il Sago, per lb. .. ................................ .. ~ Raisins, per lb. . .............................. .. i Suet, per lb ............... t •• \ ••••••• •••• •••••••

l;; I Pepper, per lb. .. .............................. . ~' Soap, p~r lb. .. ................................ .. ~ l Treacle, per lb ................................. .

Nil. .

} Nil.

} 2,. I,d.

Is. Sid.

} la. 4!d.

} }g.

148. lid. NiL

6t~· 6r· 7,2d. 6d . 50s. }g. 4!d. 9d. 113. 7d. 28. 6!d. 6d.

N olice annand, markedA.

4

TENDERS FOR THE COI40NIAL SERVICE-continu~d.

AltTICLES OFS,{;FPLy.

8.-For Hospitals, Aboriginal Establishments, Native Policc, and all other PCl'vices,when, ordered-continued. " .

(J~ime (Boach), per bag oH40 Ibs ................. ..

I Pearl Barley, per Ib, ...... , ...................... .. Tea (Black), per lb. .. .......................... ..

.,; Sugar, per lb ..... :: ....... :.' ............ .. ;:: " Salt, per lb ........................................... . ~

• 1:; Oatmeal, per lb ................................... .' .. . ~ I Yellow Soap, per' lb ........ ~ ................... . r: Best American Tobacco} per 11;> .................... .... ~ Vegetables (Potatocs) ... 5 • .,~ ....... ~ ••••• * ••••••••••

~ j Milk, per quart ................. : .. c ............ .. '~' I V.inegar, per quart ................................. . ~ Straw, per 100 Ibs .................... '0 .............. .

~ Common Oil, per gallon ......................... .. ] Dipt and Mould Caudles, per lb. .. ............. .. ~ I RUlli, per gallon .................................... . '" Brandy, per gallon ................... , ....... ; ....... . ~

I Porter, per dozen ........................ .. Salt Beef, per lb ................................... . Cotton Wick, per lb ........ : .................... ~ ... .

l Salt Pork ................... : .................... :; ... ..

RATES. (In Words and Figures.) ,

60s: Sd. 25.4d. 6d. aid. Od . Gid. 4s. lOd. 5id. Is.4d. Is.2d. 3d. 8s. lId. '16.,. 26s. 268. 7s. Is.4d. lqid.

The Conditions of the Contract to he those detailed in the Notice referred to. The Rations to be those specified in the said Notice.. '. . .

I propose )Iess~s. 'fhomas Littl.e and SOD, of Melbourne, and Messrs. , of l\-Ielbourne,

.as my Sureties for the due observance of my engagement, in the event of ,tho 'acceptance of this, offer, and I annex. a Certificate' of their willingncss to be responsible for such observance, and to join me in a bond accordingly. _ . . ~ '. " .

I am, Sir,

Your most obedient Servant, (Signed) JOHN AI ... LAN,

Castlemaine.

N.B.-;ThisTender to be delivered at the Commissariat Office, on' or before the day fixed in the Notice.

All Names and Prices to be' ~tated at length. No Tender can be attended to, which is not accompanied'by the required Certificate from

, the proposed sureties. .

CERTI1m::ATE.

In the event of the acceptance of the accompanying Tender, of JOlIN ALLAN, Castlemaine, we hereby engage ·to be responsible for the due observance of his Contract, and to join in suoh Bond as may be required by the ,Government. "

T. LITTLE AND SON, , Flinders-street, l\felbourne.

FAI.LENSTEIN AND McKECHNEY, Flinders-lane.

Accepted for' provisions, forage, andh08pital 8fJppUeS, for the 'e1!til'e Distl'ict of Oastlemaine, excepting Black Forcst, Station and fm'age jot' (Jastlemaine.

(Sigiled) . L .. A.M. F.F. H. B. B.,

D • ..!. C.G.

(L. A. MOODY). (F. FO WLER). (H.·B. BOWEll),

(Dt'puty Adinf) C011lm~rv GmeNd}.

A.

CONTRACTS FOR THE COLONIAL SERVICE FOR 1854.

Office of Civil Commissariat, Melbourne, 7th November, 1853.

NOTICE is hereby given that Tenders will be received at this Office until Wednesday, the 21st December next, for furnishing Supplies of Rations and Forage to the various Departments of the Public Service, at the' undermentioned stations, for twelve calendar months, commencing 1st January, 1854:- .

. ilfelboU1·ne and County of Bow'!ce District. Melbourne and Suburbs, Williamstown, Yarra Bend, Brighton, Dandenong, St. Kilda,

Keilar, Heidelberg, the Gap, Gisborne.

Geelong District. Geelong and Suburbs, Colao, Batesford, Leigh, Shortland's Bluff.

Ballaarat District. Ballaarat, Brown's Hill, Canndinn Gully, Y~i1le's Flat, Creswick Creek, Buninyong,

Walton's Station, Bacchus ?lfn.rsh, Balian, Burn Bank, Crown Lands Commisi$ioners' Station, Horsham; McKay'S Inn and Glenorchy.

Castletnaine .IJistrict. Castlemaine, Golden Point, Fryer's Creek, Porcupine, Carisbrook, Daisy Hill, Mount

Franklin, Elphinstone, Charlotte Plains, Carlsruhe, Kyneton, Malmsbury, Mia Mia Inn, W oodend, Black Forest.

Ovens District. Beechworth, Benalla, Maguire's Punt, Wangaratta, Reid's Mill, Black Dog Creek,

Wodonga, Mitta Mitta, Upper Ovens.

McIvor Distl·ict. Heathcote, Kilmore, Waranga, Seymour, Longwood, Protectorate Station, Goulburn;

Ross's Station, Campaspe; Rocky Water Holes, ?I:follison's Station, Patterson's Station.

Belfast District. Belfast, Portland, Warrnambool, Woodford, Timboon, Cavendish, Hexham, Wooisthorp.

Spring Creek, Blaok Swamp;Hopkins, Grange, Mount Eccersly, Glenelg.

Bendigo District. Sandhurdt, Wedderburne or Kerang, Jones' Creek or Moliagul, Bullock Creek, Swan:Bill,

Maiden's Punt, Barrow's Inn, Reedy Lake, Lower Murray.

Gipps' Land District. Alberton, or any other 8.tation that may hereafter be formed within limit of the distriot ..

DAILY RATIONS OF PROVISIONS.

No. 1. Emigrants.-For eaoh Statute Adult:­

Wheaten bread, 1 lb. Meat, lIb. Vegetables, 8 OZ8.

Salt, § oz.

Tea, i oz. Sugar, 2 ozs. Soap, i oz.

Children exoeeding 1 year in age, and under 14. years, one-half the above. C.-No. 25. 6.

6

No.2. , To all Qfficcrs and men employed in the various departments

to whom rations are allowed :-of the Government Service,

Flour, 1 lb. Meat, 1 lb. Sugar, 40zs. Tea, ~ oz. Sait, i oz. Soap, ! oz.

Or, in lieuthereof,.if preferred:­Best wheaten bread, 24 OZl!. 1\ieat lib. ' Sugar, 4 ozs. Tea, t oz'. Salt, -k oz. Soap, -k oz.

Prisoners confined in gjlol.:--No.3.

Tobacco, t oz. Vegetables, 8 ozs .. Candles (composition), 1 lb. to each

officer per week, and to .every four men 1 candle (tallow) per night

Vegetables, 8 01'15. Candles (composition), 1 lb .. to ea51h

officer p.er week,. and 1 candle (tallow) to every four men per night

:lVIaize. meat, 12.ozs. Salt, ! oz. Wheaten bread, 12 oza, .1. . Vegetables, 8 ozs.

Fresh beef; 4 ozs. Soap, :l oz.

Ration No.2 issued to gaol attendants, and to witnesses and others waiting bail.

, 'No.4.

Children of female prisoners confined in gaol.:-

Wheaten bread, 8 ozs. .,' Fresh beef, 4 OZ8.

No .. 5.

Prisoners confined in· lock-up or watch-housils':-Wheaten bread, 240Z6.· .

No.6.

:Milk; 1 pint· Yellow soap, i oz.

Forage for horses and oxen, in all the Colonial Service::-Oats, 10 lbs. ' . I Wheat straw, 4 lbs.for each horse per Eran, 4 lbs. '., day, and half the quantity for each Oaten 9r cultivated'grass hayj 121bs. bulloek'

Fuel and light :-

Sperm and common oil, per gallon Mould and dip candles, per Ib; Cotton wick~ ditto .

No.7.

No.8. '

Firewood, per ton of 40 cubic feet, in billets of 2t feet in length

Coals, per ton of 2240 lbs. '

For hospitalS, aboriginal establishments, native police, and all other services when ·ordered :-

Flour Fresh beef and mutton Weatcn bread (first, second, and third

. quality) Maize meal Bottled port wine ,Arrowroot Rice Sago, Raisins Suet

'Pepper ~oap Treacle Lime (roach) Pearl barley 'Tea '

Sugar Salt Oatmeal Yellow soap Best American tobacco . Vegetables Milk Vinegar Straw Common oil Dipt and mould candles

··Rum . Brandy Porter Salt beef' Cotton wick S~lt pork

CONDITIONS,

1: All the articles required by this notice ~re_ to b~ of the best quality of their several kinds,

. 2. The flour and bread must be the produce of clean sound Colonial wheat, from which, ·on the rations of emigrants, surveying parties, border police, 20 per cent., anCi on the rations to prisoners of the brown 10 per cent. has been extracted in bran and waste.

3. Beef and mu.tton to be issued iJ;l such proportions as may be required, and, when the quantity admits of it, to be delivered in fore and hind quarters alternately.

4. When it may be necessary to substitute one article for another, the following proportions are to be observed, viz. :-

Biscuit, lIb, equal tQ U lb. of bread Salt pork, 10 OZS., equal to Wheat. flour, lIb., or I Mutton, lib., or

Salt beef, lIb., or lIb. of fresh beef. 5. The tobacco to be of the best American. 6. Forage may be tendered for separately. 7. The above substitutions are not to be made except on the requisitions of the officer

'2.uthorised to draw the several rations. 8. Vegetables to be supplied in reasonable proportions of PQtatoes, greens, pumpkins,

,onions, &c., &c. 9. The supplies for road parties and surveying parties are to be delivered at the nearest

fixed stations to the places where the party may be employed, on the requisition of the officer in charge. . .

10. The supplies (not specified in the preceding paragraphs) are to .be delivered direct to the parties or establishment entitled thereto, on the written order of the person duly authorised 'for the purpose. .

11. Provisions and forage, when required by rations, according to the scales under their respective heads, the tenders are to express the price per ration only.

12. The tenders for forage are not required to state the prioe per ration for oxen, as, 'when the latter is required, one-half the allowance fixed for horses will be drawn, and one-half the price allowed to the cOI!tractor, whose engagement is to provide for both horses and oxen.

13. In the event of a difference of opinion between the contractor and the party receiving the supplies, as to the quality, the same is to be decided, in cases where the article is not of a. perishable nature, by.a Board of Survey, according to the practice of the service. ~But, in country districts, where a Board of Survey cannot be conveniently assembled, the party objecting will name ,one person as arbitrator, the contractor or his agent another, and these two will (previously to any other proceeding on their part) concur in naming a third as umpire, who, in the event of the arbitrators not agreeing in opinion, will be called upon for his decision, which shall be final.

14. If the board, arbitrators, or umpire shall decide that the article is not of proper quality, it must be immediately replaced by the contractor, failing which it will be procured by the party requiring it, and the expense charged to the contractor.

15. In the event of any unnecessary delay or [failure of the contractor to supply the articles when required, they will be otherwise procured, and charged in like manner.

16. In cases where the article is of a perishable nature, or from some other cause injury would be sustained, either by the parties to whom the rations are due, or to the contractor by waiting for a Board of Survey, thi;1 Civil Commissariat. Officer, the head of the department or officer in charge of the party or parties for w hom the rations are to be received, shall have the power to reject sueh article or articles as are obviously of inferior quality; it being distinctly under­stood that he will be responsible to the Government for so doing; and that the contractor will have a right of appeal to the Governor, although in the meantime he must take back the rejected article, and supply good in its stead, failing which it will be obtained by the officer or party re­quiring it, and the expense charged to the eon tractor.

17. A repetition of irregularity in the quantity or quality of the supplies, or of any delay in delivering or replacing them when required, will subject the contractor, upon report of the officer in charge of the parties or establishments, to such mulct, not. exceeding one-fourth the amount of his monthly account, as the Governor may direct. It will also be in the power of the Governor, upon such repetition, to terminate the contract forthwith.

18. It will be in the power of either party to limit the duration of the contract, by .giving in writing a notice of tl~ree full calendar months to the opposite party, to end the contract at the expiration of that period, it being understood that such notiee can be given only from the first day of a month, and within the period for which the contract is' made or agreed to be made.

19. The contractor will be required to prepare his own account monthly or q1larterly, in the prescribed form; and on the production thereof, with the requisite vouchers, in a complete state, to the Civil Commissary General, or Assistant Civil Commissary of the district, for exami­nation, payment will be made by draft on the Colonial Treasury.

See letter of 28th January, IBM, in Appendix B, page 32. .

8

:20. The v:1lue or all packages to be included in the prices demanded. 21. Printed forms of tender may be obtained from the Civil Commissary General, and It

security of £lOOO,will be required for'the' due fulfilment of' the contract. No tender can be attended to unless accompanied by a certificate from two responsible parties proposed as security, stating that they are willing, to become bound ns securities for the contractor accordingly, and the bonds must be executed within twenty days from the day of acceptance of the tender being' notified, failing of which thi~ contracts will be again advertised or nnother tender accepted.

22. The tonders are required to have nttached to them the signatures of the party or parties willing to supply the Government with the articles enumerated, as also the names of the persons proposed as sureties.for the due fulfilment oftheir contracts, stating fully the addrcssesor residence.

23. All tenders to be'enclosed in n separate envelope, and marked ({ Tender for Provi­sions, &c,," and to be deposited in n box marked" Tender," at the Civil Commissariat Office, Great Bourke-street west ; or by post, addressed to the Civil Oommissary GeneraL

24. The tenders must. include the whole of the rations and separate articles above mentioned_ '

, 25. Tenders will be received for the supply of entire districts, or for any particular station in them. In the latter case the name of the station, as given before) must be stated in~.the· tender. . .

26. Parties willing to supply the Government, either in the City of ~:Ielbourne 'and its.· environs, or the various stations throughout the 'Colony, may obtain every information at the Offiee in Bourke-street west, Melbourne) or of the Assistant Civil Commissaries stationed at

Geelong Ballaarat Castlemaine Sandhurst Beechworth Belfast Heathcote

The Government will not necessarily aecept the lowest or any, tender.

LESLEY A. MOODY, Civil Oommissary General.

CORRESPONDENCE IN REFERENCE TO EXTENSION OF CONTRACTo

------.. -~~.-----

" Oivil Oommissary General to the Assistant Oivil Oommissary, Oastlemaine.

No. 55 I 646. Office of Civil Commissariat, Melbourne, 30th December, 1853,

SIR, For your information, I have the honor to state that Mr. John Allan's tender for the

supply ot rations and fora.ge for the stations mentioned in the margin, has been accepted, with the exception of foragaat the station of Castlemaine itself, which you will supply as heretofore.

2. For the supply of rations and' forage at Black Forest station Mr. W m. English's tender has been accepted.

3. The station of Barker's Creek is not mentioned in the printed schedule, but if you can m1lkc arra.ngements with MI:. Allan to supply it at the same rate as his contract for other stations, I think it would be advisable.

The Assistant Civil Commissary, Castlemaine.

I have, &c" (Signed) L. A. :M:OODY,

C. C. G.

Civil Oommissary General to Assistant Oivil Commissary at Castlemaine.

A.53 I 648 Office of Civil Commissariat,

SIR, Melbourne, 30th December, 1853.

With respect to supplies for stations, I have the honor to remark, that the stations of Jonea' Creek and lUoliagul, for the forage of which M1': J. Cochrane'8 (of 1:1elaba) tender has been accepted, but which are at so Iowa rate as to lead me to the supposition of some error on the part of the tenderer; you will therefore take care that if possible no inconvenience arises from this to the service.

2. Should you find this to be the case, these stations, although enumerated in the Bendigo district in the schedille calling Jor tenders, yet they, as well as Wedderburne, are, in fact, in yours, and as Mr. Allan has the contract to supply Daisy Hill and Mount Franklin, which are in same neighbourhood, you may, perhaps, be able to make arrangements with him to include these stations in his contract, by which he will embrace the whole of the real Castlemaine district, saving the station of the Black Forest.

The Assistant Civil.Commissary, Castlemaine.

I have, &e" (Signed) L. A. 'LVIOODY,

C. C. G.

]}Iern.-During the period of three months, delivery should be made so regularly as to furnish not only sufficient for consumption, but allow time to arrange for any surplus being properly stored, and as great evaporation takes place, an average delivery during the timc would only be just.

Civil Commissary Genel'al to Assistant Oivil Oommissary at Cl1silemaine.

No. 54 I 5.

Sm,

Office of Civil Commissariat, Melbourne, 9th January, 1854 ..

Castlemaine, Golden POint, Fryer" Creek, Carisbrook, Dai.y Hill, Mount Franklin, EI phinstone, Charlotte Plains, Carlsruhe, Kyn.ton, Malmsbury, Woodend.

I have the honor to annex copy of a letter received from Mr. Allan the contractor lOI" ,. , th If' . d £ . I h' , Olllltlllmft'ue' e supp y 0 provISIons an. ora~e, Wit 1 t e exceptlOn. of ~e~tain stations, for items, as agreed Foroge: J-

upon and reported to you, 1D which 1\fr. Allan states hIS Willingness to supply the stations;.lie C.-No. 25. c.

JJ!ack Forest, Pro·visiOns and

}~ot'~ge.

10

enumerates with both rations of provisions and.forago, provided the contracts of .Messrs. Cocbrane, McIntyre; and Bucknell, are handed over to him.

With regard to Mr. Cochrane's tender, I have already given you my opinion, in mylottor No. 53 I 648, of 30th ultimo, that he had been led into some error, his tender being six shillings for .the whole ration of forage, a prioe whieh would not more than cover one item in tbe ration.

The tender has been formally approved and sent in to the Government for final decision, with this explanation, and before making any arrangement withrespe<et to it, I think you should sec Mr. Cochrane. . .

The tenders of Me8srs. l\!eIntyre and Bucknell you have been advised upon, and I have to request that you ·will make such a.rrangements as· you consider most economical and otherwise advantageous for the public service, M.r. Allan including the station of" Avoca," not exceeding the present terms and ratcs of Mr. Allan's. contract, lenNing this to his own private arran"'eincnt with the parties he names in his letter.' '"

I have, &c.,

The Assistant Civil Oommissary, . Castlemaine.

(Signed) LESLEY A. J\100DY, 0.0. G .

Enclosure in foregoing I..etter.

bIro Jolin Allan to Oivil Oornmi8,~aj'y (Jcncl·al.

Oastlemainc, 5tb January, 185-1. &~ -

In accordance with your letter ,to the Assistant Oommissary here, I have arranged with him for the supply for the northern parts of this district (formerly including Saudhurst), viz. ;­Beverley, Wedderburne, Moli.agul, and Kingovm', with the understanding that all contracts or offers of contracts for forage already made by the Government shall be transferred to me.

I shall therefore ,be obliged by your handing me the copy of tenders of IvIr. James Oochrane, Belaba; Mr. McIntyre, Kingower; imd Mr. Bllcknell, ncar Carisbrook, whieh have been accepted.

I am, &c., (Signed) JOHN ALLAN.

P.S.-The 'tAvoca" was intended to be included with the above, but was omittd. I, however, eonsid'er myself bound to include it. . ,

To the Civil Oommissary General. (Signed) J. A.

J./{r. John Allan to Oivil Commissa/'y General.

Castlemaine, 7th March, 1854. SIR,

. .r have the honor to inform you tha~ the Assistl:.nt Oommissary for tllis district has placed in.my hands a bond to sign as security for the due fulfilment of my contraet; beforo doin!T so, I have to remark, that inaeeordance with my different tenders, it, in ruy"opinion, will be n~cessary to have two bonds, so that the different prices may be shewn, as I may by signing the bond now sent· me, make it appear ·that. the far distant stations arc being supplied at the saUle rate as my first tCl\der. .

. The stations marked in rcd ink under my tender of. the 5th January, require to be . distinct from those first enumeraLed in the Governmunt Notice of 7th November.

I enclose the bond for correction. .

·To the Civil Oommissary General, Melbourne.

I have, &c., . (Signed) JOHN ALLAN.

Assistant Civil Commissary, i1fclbounle, to llh·. JolIn Allan.

No. 54 I 6S. Office of Civil Oommissariat,

,lIfelbourne, 9th lI~arch, 1854.

Sm, In reply to your letter of the 7th March, I am 'direeted by the Civil Oommissary General

.to re'enclose you the bond for the supplies of rations of provisions and forage for the districts ?f Oastlemaine under your contract, and request. that you will have it executed and returned to thls office at your earliest convenience. Encloscd you ~avo' a copy. of your.l:tt~r of !hc 5th J a~uary,

"'Which states that you have made arrangements wlth the Allslstaut 01'111 Comrmssary, and III the

11

absence of any other information concluded that you were supplying these stations, which being in Castlemaine is only an extension or your district, on the samc terms as the other stations,

I have, &c" (Signed) FREDK. FOWLER,

Mr. John Allan, A, C. C. Castlemaine.

Assistant Civil CommiSSal'!h ltfelbourne, to Assistant Civil Commissary, Casilemaine.

N~. 54 I 47.

SIR,

Officc of Civil Commissariat, Melbourne, 9th .March, 1854.

I am directed by the Civil Commissary General to request that you will arrange with ~Ir. Allan in reference t.o the execution of his bond.

2. I have written to Mr. Allan by this post on the subject. ' 3. It appears from his letter that he considers two bonds necessary in consequence of the

addition of the stations of Wedderburne, Jones' Creek, Moliagul, and Avoca, to his original tender.

4. By his letter of the 5th January, of which I send (L, copy, you' appear to have made arrangement with him to supply these stations, and I concluded on the same terms as he was .supplying the other stations, in ac'cordance with his general contract for the district.

The As"istant Civil Commissary, Castlemaine.

I have, &c.,

(Signed) FREDK. FOWLER, A. C. C.

Mr. JolIn Allan to Civil Commissary General.

Ca3tlemaine, 16th l\larch, 1854. Sm,

In reply to your letter of the 9th instant, in: answer to mine of the 7th instant, enclosing bond, I have the honor to inform you that a second contract was made on the 5th of January, ;,tnd of which I understood a eopy was forwarded to you from the Office of the Commi~sariat here.

2. I have instructed l'rlessrs. Little and Son to wait upon you with a copy of the tender made and lodged with them at the time; it appears they cannot find the original in the Office of Commissariat here, therefore I think, it mUSt be with you, as I saw a letter respecting it from you.

3. It ip not likely that I would supply stations exactly double the distance as Castlemaine is from :Melbo~rne at the same rate, therefore across the face of the form· of the tender wrote, " The same prices as in previous tender, with twenty-five pounds per ton, cartage extra, meat at seven-penee per pound, and no straw in forage ration."

I withhold the bond until I again hear from you.

To the Civil Commissary General, .:Melbourne.

I have, &c., (Signed) JOHN ALLAN,

Government Contractor .

Civil Commissary General to Mr. Jolin Allan.

No. 54 I 67.

SIR,

Office of the Civil Commissariat, Melbourne, 20th ::\lareh, 1854.

I have the honor to acknowledge your favor of 16th instant, and beg, in reply, to state that the tender you refer to has not been forwarded to this office.

The only letter I have on the subject is one, copy of which I herewith annex.

Mr. John Allan, • Contractor,

Castlemainc.

I have, &c., (Signed) LESLEY A. MOODY,

, C. C. G.

Scc letter of :lIll January, 1854, ante.

12

SECO.ND ·'TENDER.

i

TENDERS FOR THE COLONIAL SERVICE, IN THE DISTRICT OF' CASTLE~fAINE. SIR, Castlemaine, 5th January, 1854.

In conformity with the Notice from your Office, dated '7th November, 1853, I hereby tender to furnish the undermentioned supplies, for the Colonial Service, in' the' district of Castlemaine"Beverley, Wedderburne"Kingower, and Moliagul, during the year 1854, at the fol-lowing Rates, viz :- .

ARTICLES OF SUPPLY. RATES.

(In Words and Figures.) -·--~--·-~--------,-.--'--I----·----·--------"---

I.-Immigrants, . For each Statute Adult; at per Ration ,'. Nil. Children exceeding 1 year in age, and }

under 14 years, one-half the above ... NiL 2.~To all Officers and Men employed in the }

various Departments of the Government Same as in tender accepted, with ex. tra cartage-Service, to whom rations are allowed, at . of Twenty-five pounds per ton added. per Ration ..

B.-Prisoners confined in Gaol, at per Ration... Ditto ditto. '4.-c-Children of Female Prisoners confined in }

, G a01, at per ration , . Ditto ditto. 5.-Prisoners confined in Lock-up or' Watch- } . Ditto ditto. . bouses, at per Ration ... ... .. .

. 6.-Daily Ration of Forage, at per Ration .' Ditto ditto without straw. 7.-Fue1,. at ... ... ...... NiL 8.-For Hospitals, Aboriginal Establishments,

Native Police, and all other services, when ordered.

(Flour, per lb. '1

I Fresh Beef a:nd Mutton, per lb... .. I Wheaten Bread, 1st, 2nd, and Brd Quality , Maize 1'1eal, per lb. . ,.. '... ..,

1

Port Wine, per dozen .,' 1 Arrowroot, per lb .... Rice, 'per lb. .. •

.-e I Sago, per lb. ." . . ~ Raisins, per Ib; ~ Suet, per lb. ~ I Pepper, per lb. ~ Soap, per lb .. ' I .' , ~ I Treacle, per lb. ..: ... :~ I Lime (Ro.aeh), per bushel.. •. ~ Penrl Barley, per lb.... I Same as in tender. accepted, with extra ~ Tea, per lb. . ..• ... . cartage of Twenty-five pounds per ton ~ -( Sugar, per lb. ....... r added, excepting meat, which will be seve~· ~ I Salt, per lb. . .. ; .... '1 pence, being one-lialfpenny morc than m. 1,' ~atJneal" per lb. ... . : .... . tender accepted. . ~ Yellow Soap, per lb. . .... ,.. I '"",, '1' Best American Tobacco, per .lb. ••. . ~. Vegetables... ...... .. ~ Milk, per quart... ... . .•. ..\. ~. Vinegar, per quart

. Straw, per 100 Ibs. ... • .. ~ Common Oil, per gallon '" . 1

. J!ipt and Mould Candles; per lb .... Rum, per gallon ... Brandy, per gallon ... .

1

Porter, per dozen.l·" 1 Salt Beef, per lb ....

. Cottoil Wick, per lb. l Salt Pork, per lb. ... .... )

. ...

The

~13

The Conditions of the Contract to be those detailed in the Notice referred to. The Rations to be those specified in the said Notice.

I propose l\'Iessrs. T. Little and Son, of Melbourne, and Messrs. Fallenstein and McKechney, of Melbourne, as my sureties for the due observance of my engagement, in the event of the acceptance of this offer, and I annex a Certificate of their willingness to be responsible for such observance, and to join me in a bond accordingly.

I am, Sir, Your most obedient Servant,

(Signed) JOHN ALLAN, Castlemaine. •

, N.R-This Tender to be delivered at the Civil Commissariat Office, on or before the day fixed in the Notice.

All Names and Prices to be stated at length. No Tender can be attended to, which is not accompanied by the required Certificate from

the proposed sureties.

ME]\,{O.-I hereby certify that this Oontract toas duly entered into by me at Oastlemai11.e, bearing date 5th Jammry,'1854.

Office of Oivil Oommissariat, Oastlemaine, 16th October, 1854.

C.-No. 25. d.

JOHN RELPH,. A. a. O.

.. ,"

14

No.2 .

Jfj •• John Allan to Oolonial Secreta?'y.

Melbourne, 20th March, 1855. Sra"

I have honor to call your atten'tion to the long ,delay which has taken place In the settle· 'mcnt of my'accounts with Her Majesty's Government for the supplies of forage and provisions in' the district of ,Castlemaine for the first, six m'onths of last year. '

, 2. On application,to l\'Ir. Moody, the late Civil Commissary Genera.l, I received intimation that he had not at his disposal a staff of sufficient number to enable him to give the aecounts immediate attention. May I therefore request youdnterference to procure an immediate settle· ment, as the delay already incurred has been ruinous to me i 'the want of the amount due"about, £12,000, having forced me to seek the protection of the Insolvent Court. ' .

8. The only obstruction which I know of in the settlement of these accounts is, that several receipts arjllost, but as they were principally placed in the possession of the Assistant Commissary ·of the district as guarantee for moneys advanced me on account, and abstracted from his office in the iron. chest s,tolen in May last,' I do not see that I should be held accountable for their production. ,

4. But to obviate all dispute, I some time back proposed to Mr. Moody to refer the accounts to arbitration, when I would produce collateral evidence of the delivery of the goods. To this' course I trust you will see no objection, and also give the subject your earliest attention.

I have, To, the Honorable' (Signed) JOHN ALLAN.

The Colonial Secretary.

Minute of il~e Oolonial Sec)·eta,ry.

Let the Inspector of Stores report upon this case. '(Signed) W. C. H.

'22n~ Ma.rch, 1855.

Report of the -Inspector of Stores.

, I forward herewith, for His Excellency's information, a report from Mr. Moody, on the subject of Mr .. Allan's claims. It appears to me, after a careful consideration of the matter, that, 'in the absence of vouchers, the only way in which the claim can be satisfactorily settled is by arbitration i but it would De useless to appoint arbiters until a statement of the supplies received, as aoknowledged by the Commissariat; has been prepared, to compare with the claim sent ,in by Mr. Allan. '

2713 j 55.

. (Signed)

Report of Oivil OommifJaary General . • ~ • i

ALFRED J. AG'G, Acti,ng Colonial Storekeeper.

Memo.-The ciroumstancesconnected with the matter to which this letter has reference are :as follows :- ' , ' .

Inconsequence of reports from the Assistant Civil Commissary, Castleinaine (Jno. Relph), 'of the very unsatisfactory performance of the contract by Mr. Allan, ana of the' irregularities of

15

supplies made by him, the contract was abrogated on the 30th June ultimo, under the seventeenth clause of the conditions; this course was reported to the Colonial Secretary in my letter, 54/199, 8th July, and received the approval of His Excellency the Lieutenant Governor, who directed a mulct equal to one-fourth of monthly account to be imposed upon Mr; Allan, for breach of contract, by Colonial Secretary's letter to me, No. 54 1129, of the 19th July.

On the 22nd November a letter was received by me from thc contractor (Allan), making a claim for payment for supplies which he stated had been made to various stations in excess of the quantities which had been returned by the officers in charge as consumed, and also a number of receipts to substantiate the claim, and stating that he had no objection to refer the matter to arbitration; those receipts, upon examination by the accountant of this department, were fOllnd to be very deficient, of which Mr. Allan was apprised on the 18th December last, but owing to the great pressure of business at the time the accounts could not receive the full investigation requisite. The examination was made, however, by the accountant (copy of his report herewith) previous to the 10th January, on which date lItfr. Allan was written to, stating that the receipts forwarded by him were far from being sufficient to substantiate his claim. ,

In the early part of Februar.y Mr. Allan called personally at the office, with Mr. Jacomb, {)fficial assignee, and stated that he had more vouchers to produce, and requested that they might, he further investigated with the official assignee, to which I acceded, and the accountant spent two ,days at the office of that gentleman, without being able to come to any definite conclusion, many receipts and vouchers being still required. Subsequently to this, it being found that Mr. Allan could produce no 'further receipts, and must rest his claim upon collateral evidence, the accountant undertook to prepare a statement of the actual supplies vouched for, and shewing the discrepancy between such and the quantities claimed by JUr. Allan as having been delivered; upon this task he has been lately engaged at his own residence, after office hours, the numerous calls upon' his time Jlreventing his devoting any other period of the day to it.

To supply in part the collateral evidence required, JUr. Allan has forwarded to me certain -documents which had been supplied to him by his agents, and which were yesterday forwarded by me for His Excellency's decision. - ,

, Until a definite statement is prepared of supplies acknowledged to have been received by Government officers, I would submit that the matter to be arbitrated would be too indefinite to be submitted to any commission or board of enquiry. .

Office of Civil Commissariat. (Signed) LESLEY A. MOODY.

Melbourne, 23rd March, 1855 .

.Accountant of Civil CommilJsariat to Civil Commissary G,neral.

SUt,

Office of Civil Commissariat, .Melbourne, 8th January, 1855.

54 1 lOll. S .July. See Appendix C.

page 32-£1216 "'.M.

~4112l1. 19.July. See Appendix C.

pago 82.

I have the honor to report for your information that I have examined the voluminous -1i.ccounts furnished by the late contractor at Castlemaine, in support of an alleged claim upon Mr. Jolin Allan. the Government for a sum of money at foot of his contract, amounting in the aggregate to '£11,669 16s. 8id. , £ll,009 16s. Sid.

, 2. With reference to that portion of it set down for the carriage of provisions and forage to the stations iu the nortncrn part of the district, amounting to the Bum of .£2378 88., I am of 423iS 8s.

-opinion that the principle of' the claim is borne out by the terms of the supplementary contract , entered into by the Assistant Civil Commissary, Castlemaine, and would therefore recommend that it should be allowed, if the particulars of the account (not yet rendered) are found correct.

3. The larger olaim, however, of .£8299 6s. 8d. for provisions and forage supplied at the £8209 6 •• 8d.

various stations throughout the district beyond what the "l'eturns" from each show the con~ sumption to have been, I submit, is not borne out.

4. In support of this, separate abstracts have been made out for each station, setting forth the quantities alleged to have been delivered there during the period, and also the quantities acknowledged to have been consumed according to the U returns."

5. To vouch these deliveri~s a large and miscellaneous number of doouments are produced, but they are both uns~tisfactory in their nature and in quantity, far from sufficient to prove the claim set up; most of these are ,carters' way-bills, evidently containing the gross weight of the goods, and not always bearing a regular signature of an officer to its receipt; many are mere memoranda or requisitions not bearing any reoeipt, while some bear only the signatures of the draymen who loaded them for their destination, or of the agent of the contractor who super-intended the loading. '

6. Even, however, allcwing that all these ackn9wledgments were full and sufficient, they would not represent nearly the quantities for which credit is claimed.

, 7. In the several letters of Mr. Allan, as of ?fIr. Relph, it is stated that a large number ,of receipts for the supplies first made in January had been deposited in the office of this depart­ment 'at Castlemaine, as security for the first payments made in the absenoe of the returns tardily sent in by departments; and were stolen in the safe which was abstracted in May last, the loss of which was at the time duly reported.

£887 lOs.

£892 las.

16

, 8. Tlie supplies made in that month were; of course, the heaviest during'tlie term; bu.t subsequent del}veries also are to a large extent unvouched. , ' , , , '9. Before I ani in a position to report upon the amount I may ~nd to be due to Mr. Allan, I would 'request you to 'direct me if I am empowered to allow the clJl.ims made under-these stolen receipts, and of which I am sure ~uplicates cannot be obtained.

, 10. When ,this point is ruled, it will be necessary that lUr. Allan be called upon to afford ,such fur:ther vouchers as may be' required, or submit that the items not ,so supported be 'expunged. . 11. The special claim for extra cartage upon such over-supplies must, of course, depend upon the amount of the supplies themselves found to have been made; but 'the claim for tHe

,difference between the cost of flour used in the rations 'and that of tobaeco, which might have , -been substituted at ,the option of consumers, I cannot recommend ,t6 your consideration.

To the Civil Commissary General, Melbourne.

(Signed) P. P. LABERTOUCHE, , Accountant...

Minute of tl.e 'Colonial Seaj·etary.

'Let the Civil Commissary General be instructed to furni~h a statement of the supplies received as suggested, by the Acting Inspector of Stores in his minute, to be compared with Mr.

, Allan's claim. When ~hjs is furnished the case may be settled by arbitration.

(Signed) W.C. H.

Min,ute oj the Civil CommiSSary General. ,

Will the accountant, flfr. Labertouche, be good enough to inform me what progress he has been able to make in reference to this matter?

10'1 1 55. (Signed) L. A. MOODY.

Report of A/I': LabertDuake.,

, Memo.-lIi reply to Mr.l\foody's enquiry, Mr., Labertouche has. the honor to state, that having disposed of his house, furniture, &c., in anticipa~ion of being before this time relieved from the duties Qf his office, and being obliged therefore to reside at an hotel, he has been unable rec~ntly to devote his nights as before to the examination and arrangement of Mr. Allan's intricate' aecounts. , ',

It being compulsory oil him, moreover, to devote his' time to, the forwarding of the out: standing accounts, which are still being received in large numbers, as well as the elish,adjustments 'of the late department, independent Of the receipts and issues of stores, as called for by the Honor­able the Colonial Secretary, all which are required to be accomplished before the 30th instant, 1\11'. Labertouche is unable to define a period when he may be in a position to resuine, the conside­ration of the accounts referred to, and they are not of such a nature that any clerical assistance cim ill their present'state be'applied to them. ' ' ,

Mr. Labertouche would, at the same time, beg leave respectfully to enquire (as it does not appear to be ruled in the accompanying c~rrespondence) whether the documents furnished by :a-fr.

"Allan he'rewith, in support ofhiselaim, are to be allowed as conclusive proofs of delive?'y, as lYIr. L. believes that if they are san~tioned further additional evidence of the same nature will be still req uired to corroborate thc full extent of his claim.

(Signed)P. P. LABERTOUCHE. , Office- of Civil Commissariat,

Melbournc, nth April, 1855.

Civil Commis8ary General to Colonial Secl·etary.

No: 55 1 87. Offi~e of Civil Commissariat, '

Melbourne, 22nd. March, 1855.

(Received 23'1'd March, 1855.) ,

SIR, " I have' the honor to forward herewith certain documents relative to 'a claim made by

Mr. John Allan, late contrac.tor fo~ t,he district of Castle maine, for'supplieswhich he states,weve

17

made by him in excess of what appears (by the returns of the officers at the several stations in that district) to have been consumed.

In order that a claim of this nature can be entertained, it iii necessary for him to produce receipts for the quantities which have been from time to time delivered by himself or his agents. Several of these receipts, he states, he is unable to produce, as having 'been handed over to Mr. Relph, the Assistant Civil Commissary at Castlemaine, as vouchers to enable him to obtain payment on account of his Contract, were deposited in a safe which was stolen from the office, as reported in my letter to you No. 54 1140, of the 12th May, and were lost with it, as appears by copy ofletter from 1\-1r. Relph (herewith transmitted, marked A).

To replace a por~ion of these docur,nents so lost, Mr. Allan has forwarded to me an affidavit of G. G. Fishley, accountant of Messrs. Little and Sons,his agents in Melbourne (also transmitted, marked B), affirming that the way-bills which accompany this document represent certain goods which were forwarded by them to various stations, on his account as contractor to the :Govern­ment, and that the original receipts were in all cases produced previous to payment of carriage bcingmade. , . '

Not feeling myself justified under the circumstances to receive this affidavit and accom­panying way-bills as sufficient vouchers in the adjustment of the claim as above stated, I have to request you will bring the matter before the notice of His Excellency the Lieutenant Governor, that he may decide whether these proofs may be admitted by me in support of the claim.

I have, &c.,

(Signed) LESLEY A. MOODY. The Honorable The Colonial Secretary.

A. liJnclosure No.1, in letter of Civil Commissary General.

551 146. Office of Civil Commissariat, Castlemaine, 27th February, 1855.

Sm, In answer to your letter requesting copies of receipts for cash advanced to you in t!le

months of January, February, and March, 1854, and wishing to be informed under what circum­stances such was paid to you.

2. I have the honor to inform you that I received instructions to advance to the amount of two-thirds the value of what was actually placed in store by you, in addition to the cost_of the rations consumed during the month, provided the way-bills or cart-notes, duly receipted, were placed in my hands as security, to show that such stores had been forwarded to the several stat;ions.

3. I advanced you sums of money as per margin on the above regulations, the requisite way­bills being retained by me in an iron safe, which was stolen from this office, with sundry other documents and eash therein, so that I am unable to furnish you with those receipts which appear to be necessary in order to adjust your accounts.

Mr. John Allan, l\lelbourne.

B.

I have,' &"., (Signed) . .tOHN RELPH,

Assistant Civil Commissaria.t.

Enclosure No. 2, i~ letter of Civil Commissary General.

I, the undersigned George Yeo Fishley, late accountant and cashier to the firm of Messrs. ThOll. J.Jitt;le and Son, of l\felbourne, merchants, being sworn, duly deposeth: That the O'oods enumerated on the documents or carriers'receipts hereunto annexed, numbered 1 to 16,owere forwarded by the said firm of Thos. Little and Son to the different police stations named thereon, on accou.nt of the Government contra~t with Mr. John Allal!; and that the amount of carriage of the saId goods were subsequently paId by Messrs. Thos. LIttle and Son, on the different dates also thereon mentioned: And, further" that in all and every instance, the receipt of the safe and correct ~elivery of t?e said goods at ~he different statio~s were produced to myself or one of the persons III the estabhshmentof the saId 1\iessr8. Thos. LIttle and Son, previous to the payment of the said respective amounts of carriage to the several carriers thereon named.

, (Signed) G. Y. FISHLEY. Sworn before me, this twenty-first day of

March, in the yea.r of Our Lord One thousand eight hundred and fifty-fivc-

(Signed) E. COURTNEY, A Commissioner, &C.

C.-No. 25. e.

1an.28th, .£aoo(}. Mar. lal, ~7000.

SIR,

18

Official Assignee of John AUan to Oolonial Secretary.

In the Insolvent Estate of JOHN ALLAN.

Melbourne, 29t.h March, 1855.

(Received 29t" Mal'cli, 1855.) (Answered 14eh April, 1855.)

_ As assignee to the above estate,'! have to request that some steps may be immediately taken to settle the accounts for supplies to ~he Castlemaine district.

I would lllention that a large body of creditors are put to a vcry serious inconvenience by the delay. '

, As the Cj)mmissariat officers object to pay this claim-alleging the insufficiency of the vouchers produced-and as I think I am quite justified in'saying that' the justice of the claim c~n be proved to the sa~isfa,ction of any business man, I have to request that His Excellency the IJleutenant Governor wIll be pleased to allow, the whole m'attcr to be referred to arbitration.

To the Honorable The Colonial Secretary.

I have, '&c., (Signed) "R. E. JACOMB,

Official ~ssignee.

Official Assignee of John Allan to Oolonial Secretary.

In the Insolvent Estate of JQHN ALLAN.

Sm,

l'rIelbourne, 4th April, 1855.

(Received 5tlt April, 1855.) (Answered 14th April, 1855,)

Having been given to underst~nd that the Government are contemplating the pa.yment of certain sums for goods supplied to the Government on account of the late contraetor for Castle­maine, I have to request, on behalf of the creditors of Mr. Allan, that those claims may be sub­mitted to me previous to payment, as I have no doubt that in almost every instance I shall be able to shew to the satisfaction of the Government that those par Lies are only entitled to rank on Mr. Allan's estate equally with his other creditors, ae I believe has been shewn in the case of. ;Messrs. Simmonds and Co., of Kyneton.

To the Honorable The Colonial Secretary ..

(Signed) R. E. JACOMB, Official Assignee.

, Official Assignee of John Allan to, Oolonial Secl·etary.

In the Insolvent Estate of JOHN ALLAN.

SIR, .

Melbourne, 13th April, 1855.

(Received 14th April; 1855.) (Answered 14th April, 1855,)

. With reference to my letter of the 29th ultimo, I beg to request that you will inform me , if any decision has been'come to as to' referring the matter to arbitration, 01' if the Government

are willing to receive the vouchers sent in as evidence of the goods having been actually delivered to them by l\fr. Allan ..

I have, &c.,

The Honorable

(Signed) R. E .• JACOMB, Official Assignee of the

Estate of John Allan. The Colonial Secretary.

,Assistant Oo.lonial Secretary to. Official Assignee of John Allan.

Colonial Secretary's Office, l\lelbourne, 14th April, 1855.

SIB, In reply to your letter of .,the 29th ultimo, and the 4th and 13th instant, I ha,e the.honor,

by the direction of the Lieutenant Governor, to state that it has beend~termincd to refer the

19

adjustment of Mr. Allan's claims against the Government to arbitration, and that Mr. Price, the Inspector General of Penal E~tablishments, has been appointed arbitrator on the part of the Government.

I am to request you to name an arbitrator on .the part Mr. Allan. The question as to the reception or rejection of the vouchers tendered will be left to the

arbitrators. I have, &c.

R. E. Jacomb, Esq., (Signed) J. MOORE,

SIR,

Official Assignee, Melbourne. A. C. S.

Official Assignee oj John Allan to (fol~nial Secretary.

In the Insolvent Estate of JOHN ALLAN.

Melbourne, 18th April, 1855.

(Received 18th April,1855.)

In reply'· to your communieat'ion of the 14th instant, I have the honor to state that lYIr. J. Francis, of the firm of Macpherson and Fraril!is, has consented to act as arbitrator for this .estate.

I presume all arrangements as to time and place will be left to the arbitrators, and that all future communications will have to be addressed to them, and also that they will have the appointment of an umpire in the event of any dispute arising between them.

The:Honorable The Colonial Secretary.

I have, &c., (Signed) R. E. JACOMB,

Official Assignee to the Estate of John Allan.

Official .Assignee oj Jonn Allan to Oolonial Secretary.

In the Insolvent Estate of JOHN ALLAN.

'SIR,

Melbourne, 21st April, 1855.

(Received 23rd April, 1855.) (Amwered 24th April, 1855')J

I shall feel obliged if you will inform me who has been appointed to represent the Govern­ment before the arbitrators, SO that we may be able to make preliminary arrangements.

The Honorable The Colonial Secretary .

I have, &~., (Signed) R. E. JACOMB,

Official Assignee to the Estate of John Allan.

.Assiltant O(}lonial Secretar!l to Official Assignee.

SIR,

Colonial Secretary's Office, Melbourne, 24th April, 1855.

In reply to your letter of. the 21st instant, I ha.ve the honor, by direction of the Lieutenant Governor, to state that His Excellency has appointed the Inspector General of Penal Establish­ments to be arbitrator on the part of the Government in adjusting Mr. Allan's claims. ~"~j'JJ.I}~ri.The Inspector General has been requested to communicate with 1\fr. Francis (Mr. Allan's .arbitrator), and to notify the arrangements concerted with that gentleman. to this office.

I have, &0., (Signed) J. -MOORE,

A. C. S. R. E. J acomb, Esq.,

Official Assignee, Melbourne.

3648

20

Inspect01' General of Penal Establishments to Oolonial Secreta1'y,

Penal Department,

.;No. 55 J 461 Inspector General's Office,

22nd June, 1855.

&~ '. Having in ·obedience·to the direction of His Excellency the. Governor, in conjunction with

Mr. J. G. Francis (the arbitrator on behalf of Mr. Allan's estate), entered into the accounts between Mr '. John Allan, late Government contractor, and Her Majesty's Government. I have now the honor to forward for His E~cellency's information our award in the matter.

. (Signed) JOHN PRICE, . The Honorable Inspector General P. E.,

The Colonial Secretary, Arbitratot"'. Melbourne.

, .Awm·d of Arbitrators in 1'6 Allen.

, Melbourne, 21st June, 1855 .. In the disputed matter of the claims of Mr. John Allan against the Government, for the·

investigation of which we, the undersigned, have been appointed arbitrators by mutual consent-· We hereby report, having carefully investigated the. receipts, correspondence, and other

vouchers, or other evidence produced before us, that Mr. John Allan has made good and proved to our satisfaction his claims against the Government, on the 30th June, 1854, for the amount of £15,744 Os. 7td., and that the balance of interest due to him will be £1623 19s. 9d. on the 30th instant. )

. We therefore find that the claim of l'fIr. John Allan against the Government is for the· sum of £17,368118. 4td. sterling, payable on the 30th June present, and which sum we award to him accordinl1:ly, together with costs of arbitration as hereafter expressed.

Having thus disposed of the amount due on account of l'rlr. Allan, we feel bound to add, as supplementary to this conclusion, that from the evidence as produced before us we see nothing that should have prevented a prompt adjustment of these aeeounts at a period immediately following the abrogation, of this contract,and we find no sufficient grounds for any claim against Mr. Allan for nonfulfilment by him of his contract; but, on the other hand, we have had exhibited to us m,anyproofs o~ gross waste and negligence of stor~s by the parties who should have protected the Government interests and property. . '.

And to this, and the want of any system, it has 'heen proved to us, may be attributed the greater part of the loss constituting this claim, and which has not only. rendered supplies unneces­sarily difficl\lt and extravagant, but appears t() have bcen the cause of the ruin of Mr. Allan, whose position has been that' of an insolvent for the past nine months, apparently owing ~o the with­holding from him moneys justly his due, arising out of the authorities not being able to decide on any balance as due to Mr. Allan, caused by the abse'nce of the accounts, provision, or cheek on the part of the Commissariat, as to th~ supplies furnished for the many stations under .Mr. Allan's cQntract. .

. Into the fuller .consideraHonof this question, as rega.rds 1\:1r.· Allan, lIir. Price has not considered he has instructions to proceed. .

We decide that the costs of the arbitration, namely, a fee of fifty guineas to each of the undersigned arbitrators, are. to bc paid by the Government.

M,l. Price has, however, consented to waive h,is claim for the above fee.

Total of claim •. ; Arbitrators' fee ...

(Signed)

£ s. d. 17,368 11 40t

52 10

£17,421 1 4!

,JAMES G. FRANCIS,} A b' JOHN PRICE, r ltrators.

Assistant Oolonial Secretary to Oificiql AS8i9nee.

Colonial Secretary's Office, 29th June,) 85;; ..

SIR, I have the honor to inform you, that an award for the sum of £17,368 118. 4td" has been

sigued by the arbitrators in the case of John Allan, late Government contractor, and as the award has been confirmed by His Excellency the Governor, I have to request I may be informed to:WAOIn the money is to, be paid. .

I have, &c., R. E. Jacomb, Esq., ,

Official Assignee, Melbourne. (Signed) J. lVIOORE,

. A. C. S.

21

Official Assignee to Oolonial Secretary.

Insolvent Estate of JOHN ALLAN.

SIR,

:Melbourne, 30th June, 1855.

(Received 3rd July, 1855.)

I have the honor to request that you will be pleased to inform me to whom I am to apply for the sum of £17,421 Is. 4!d., an award to me as official assignee of the above-named estate, and payable to-day.

To the Honorable The Colonial Secretary.

(Signed) R. E. J ACOMB, Official Assignee.

Official Assignee to Oolonial Secreta1'!!.

Re JOHN ALLA.N.

SIR,

Melbourne, 4th July, 1855.

(Received 5tl. July, 1855.) (Ant>1cered 9th July, 1855.)

In reply to your letter of the 29th June, I have to inform you that the amount named in the award is to be paid to me as official assignee of the estate of :Mr. J. Allan, late Government oontractor for the Castlemaine district, and I have the honor to request the warrant may be made out in my name as such official assignee; and

I have, &0.,

To the Honorable (Signed) R. E. JACO:MB.

The Colonial Secretary.

~1ssi$tant Oolonial l3ecretar!/ to Official Assignee.

131. Colonial Secretary's Office, , Melbourne, 9th July, 1855.

SIR, In reply to your letter of the 4th instant, I have the honor to aoquaint you that a warrant

has been ordered to be prepared in your favor, as official assignee of the estate of Mr. John Allan, for the sum awarded him by the arbitrators appointed to settle his claims against the Government.

I have also to state that Mr. J. G. Francis, who acted on Mr. Allan's behalf, is entitled to a fee of fifty gl!-ineas, which will be paid by the Government independently of :Mr. Allan's award.

I have, &c., (Signed) J. MOORE,

A. C. S. R. E. Jacomb, Esq., Official Assignee, Melbourne.

C.-No. 25./.

£17,366 JIB. 4jd.

SIR,

22

No.3.

Official Alsignee of N/". John Allan to Colonial Sec1"etal'Y.

Re JOHN ALLAN. ~Ielbourne, Brd July, 1855.

(Received 4th July, 1855.) (Answered 22nd July. 1855.)

After the decision that the arbitrators have come to in the matter of the disputed accounts between. Mr. AHan and Her l\Iajesty's Government, I consider it my duty both to the estate and also as trustee, for·!Il'. Allan, tomake a claim for eompe.nsation for losses and injuries sustained by ~fr. Allan, I have therefore to request that you will be pleased to inform me in what manner it will be most agreeable to the Governmentto ascer.tain the amount of compensation due. .

I have, &c., (Signed) R.. E. JACOMB,

Offiei111 Assignee. To. the Honorable

The Colonial Secretary.

Colonial Secretary to Official Assignee of Jlfl'. John Allan-.

o SIR, Colo~ial Secretary's Office,

Melbourne, 22nd July, 1855.

. III r~ply to your' letter of the· 3rd instant, stating- that you consider it your duty to the estate of and as trustee for nIl'. AUat! to claim compensation for losses and injuries sustained by him, and requesting to be' informed in what manner it would be most agreeable to the Govern­ment to ascertain the amount of compensation due, I have the honor, by direction of His Excellency the Governor,. to request you to state upon what grounds this application is made, the matters in .dispute between, Mr. AHan and tlie liJivil Commissariat having lieen afready-submitted to arbitra-tion; and the award: having been given: -

I liave, &c., R.E. Jacomb; Esq.,

. .official Assignee; l\lelbou:~ne. (Signed) J. l\:IOORE,

A. C.S .

Sm,_

Official Assigne.e of Joltn Allan to Colonial Secl'etal'Y'

In the Insolvent Estate of J01'IN ALLAN.

Melbourne, 28th July, 1855.

(Received 30tk July, 1855.) (Answered 31st July, 1855.)

I have the honor to acknowledge your letter of the 22nd instant, having reference to the claim which I made, as official assignee to the estate of JUr.John Allan, for compensation to him for losses and injuries sustained by him as Government contractor, and in which letter you request to know upon what grounds this Claim is made; &c.

I would respectfully submit that the matter, as between Mr. Allan and the Government, left to arbitration, involved no monr·tharr a; mere examination of proofs of indebtedness by the Government for goods sold and delivered by Mr. Allan more than twelve months since, but of -which the errors or ineompleteness of records had prevented any contra account being made or kept by the Government.

This position is indeed very distinctly l.llarked as the boundary of the question left to the arbitrators, as indicated in their report, which states, in reference to the point of injury inflieted on )Ir. Allan, as independent of the amount awarded to him;- -"

U Into the fuller consideration of this question, as regards Mr. Allan, Mr. Pricc does not consider hc has instructions to proceed." .

This clearly admits that. the claim for compensation has not" been submitted to arbitration and the.award given."

Having thus shewn that Mr. Allan's claims on the Government were not fully considered .by the arbitrators, I would most respectfully beg to point out to Ilis Exeelleney the Gqvernor tho

23 . .

grounds of claim for compensation to Mr. Allan, and in which course I am greatly assisted by the facts, as reported by the board of arbitrators, to which you refer, a copy of which rcport I beg to enclose. I

You will not fail to observe that Mr. Allan's contract was broken by the Government :suddenly, in mid-winter, from no fault or df\reliction of his (and without the stipulated notice of three months), under a false impression by the authorities that blame pertained to him, which has been proved originated and rested with the Government officials.

I beg, therefore, briefly. to give the following as grounds of claim for compensation, independently of the mere agreeing of accounts, as decided by the arbitration :-

1st. That the absence of fitting arrangements by the Government caused unnecessary difficulty to Mr. Allan in the supplies which he did deliver under his contract.

2nd. That the refusal to pay his first demands, to the extent of £15,744 Os. 7id., caused the dishonor, degradation, and·insolveney of Mr. Allan.

3rd. That beyond due interest of money, the amount paid to Mr. Allan does not cover any of the losses which he or his creditors sustain, in sacrifices of his property in many shapes, to endeavour to meet his engagements, or. the great expense of the condition of insolvency forced upon him by the unwarrantable delay in paying his claim.

4th. The great and otherwise unnecessary expense which Mr. Allan has found necessary to enable him to collect vouchers or evidence, to make satisfactory proof, in place of certain receipts lodged by him with the Government, to the extent of £20,000, but which vouchers were lost while in the custody of the Government officials.

5th. Compensation for his twelve months of unprofitable idleness (as to other objects) which :Mr. Allan's condition of embarrassment has forced upon him.

13th. For the great losses which lI1r. Allan hns had to submit to from his inability to produce acceptable vouchers for his claim for goods delivered by him, which are in part owing to the loss of papers above indicated, or to the positive refusal by officials to sign the necessary 'receipts. .

7th. A fair equivalent for the profit (if any) which Mr. Allan may prove he would have made under his contract for' twelve months, if the same had not been unjustifiably abrogated by the Government, on the termination of six months. .

The above are the prineipal grounds on which I found the claim for compensation; and trusting that His Excellency the Governor will consider that they are sufficient to justify the matter being properly enquired into, I have the honor to request that I may bc informed in what manner it will be most agreeable to the Government to ascertain the amount of compensation justly due.

I have, &c., 'To the Honorable

The Colonial Secretary. (Signed) R. E. J ACOMB,

Official Assignee.

Oolonial Secretary to Official Assignee of John AZlall.

Colonial Secretary's Office, 'SIR, Melbourne, 31st July, 1855.

In reply to your letter of the 28th instant, representing the grounds upon which the claim ·of Mr. John Allan to compensation is founded, I have the honoT, by direction of the Governor, to state that His Excellency has requested the Inspector General of Penal Establishments to act .as arbitrator on the part of the Government, to investigate the claim instituted on Mr. Allan's behalf. .

I am therefore to invite you to name an arbitrator. It is to be clearly understood that no costs should be charged in this case.

I have, &c., (Signed) J. MOORE,

A. C. S. 'R. E. Jacomb, Esq.,

Official Assignee, Melbourne.

'[I.e Assistant Oolonial Secretary to the Inspectol' General of Penal Est'ablisMnents.

Colonial Secretary's Office, :r.lelbourne, 31st July, 1855.

I have the h?llor, by direction of the Governor, to request that you will have the good­ness to act as arbltrator, on the part of the Government, to investigate Mr. John Allan's ·claim to compensation in connection with the infraction of his contracts recently arbitrated' upon.

It should be understood that no costs should be charged in this case. The grounds upon which the claim to compensation is founded will appear in the letter of

,the official assignee, dated the 28th instant, forwarded herewith under another cover~

'Thc Inspector General of Penal Establishments.

.I have, &c., (Signed) J. MOORE,

A. C. S.

Af'lJitrator8-III'pectorG,meral

or Penal Esm­blisbmenis,

James G .Franeis, Esq.

.llmpi,·e­Wm.llayles, E.q.

24

Official Assignee of _!fl': John Alla1i to Oolonial Secreta)'g.

In the Estate of JOHN ALLAN.

:Melbourne, 3rd August, 1855.

SIR, (Received 6th August, 1855.)

I have the bonor to acknowledge your letter of the 31st July, and, in teply, beg to state that Mr. J. G. Francis has consented to act as arbitrator on my behalf. .

I have, &c., ' 'ro the Honorable

The Colonial Secretary. (Signed) R. E. JACOMB,

Official Assignee.

Inspectol'Genel'al of Penal Establishments to Colonial Secreta?·!J.

Penal Department, Inspector General'~ Office,

SIR, 8th October, 1855.

I do myself the honor to forward herewith the, award of the arbitrators, and umpirf.7 (appointed by them), as to the compensation claimed by Mr. John Allan for the infraction of his contract, in wbich matter His l~xceUency the Governor was pleased to nominate me as arbitrator on the part of the Government, as intimated to me by your letter of the 31st July last, No. ~5 I 9718. '

I have, &c., (Signed) JOHN PRICE,

The Honorablc Inspector General P. E.

The Colonial Secretary .

. Awm'd of Arbit1'atol's ill re Allan.

No.2. Melbourne, 3rd October, 1855.

WHEREAS the consideration and valuation of the claims made by Mr. John Allan, of Castlcmaine, merchant and contractor, upon and against the Government of Victoria, for loss and damage done to him by the abrogation of his then eKisting contract on the sixth day of July, 1854, and by tho refusal of the Government to pay him money claimed as justly his due, have been left by mutual consent and agreement to the undersigned for arbitration thereupon: After a careful and elaborate investigation of all matters in dispute-

WE FIND-1st. That the Government were not justified in abrogating their contract with Mr. Allan

suddenly on the 6th day of July" 1854. ' , 2nd. ,That the refusal about that period to pay to Mr. Allan large sums of money justly

his due was the immcdiate and sole cause of his dishonour, degradation, and insolvency. And under the powers of valuation and award conferred upon us by the said appointment

of arbitration- . WE DECIDE~

That whereas the terms of contract require that ctear notij:le of three months shall be given by the one party to the other party (to this contract) :

That Mr. Allan has legal and equi~able rights to all profits which he, has shewn he would bavemade during said period of three months, the Gover~ment having failed to give him any notice of their intention to discontinue the contract up to their sudden quittance of the same .

.L3636 15 •• 7!d. This profit is assessed by the undersigned at the sum of Three thousand six hundred and thirty-six pounds fifteen shillings and seven-pence three farthings, which sum is accordingly awarded to Mr. Allan, as due to him by the Government.

It is also decided that all expenses incidental to the insolvency of Mr. Allan (amounting £2172 11 •• 8d. by account proved and by approximate computation) to the sum of Two thousand one hundred and

seventy-two pounds cleven shillings and eight-pence, are to be paid back to Mr. Allan by the Government.

It is further valued and decided that the following amounts are due to Mr. Anan by the Government (for the specified elaims), as restitution to him for loss or damage sustained, viz. :­

For losses by him in forced sales of land and stock-in-trade immediately bef?re his insol-.£1500. veney, and for loss on goods by sale at auctiqn, per order of official assignee to his estate, Fifteen

hun!1red pounds. . For loss on debts due to him (to the proved amount of £14,000), the collection of and

£2000. attention to which he was forced to neglect in prosecuting his present claim, Two thousand pounds. For assessed net value to him of the time occupied by him in attention to present (and

£~OOO. precedingly agreed) claims against the Government, One thousand pounds. '

For and as compensation to him for the mental disquietude occasioned to him prior and IlUbscquent to his insolvency, and for loss of credit, dishonor, degradation, and insolvency, Eight £8000,

thousand pounds. A recapitulation of this valuation and award will be found in Appendix, marked A *, and • Seo page 20. -,

amounting to Eighteen thousand three hundred and nine pounds seven shillings and three-pence £18,8097s. Sid.

three farthings, and whioh sum is rendered all now due to Mr. John Allan by the Government, and ,awarded to him aecordingly, without any other fees or charges by the undersigned.

The arbitrators in this case have felt as it proceeded that a great and growing responsibility rested with them, and have therefore expended great care and much time (extending during repeated sittings from the sixteenth day of August to the first day of Oetober) in elucidating every point bearing upon the case as brought before them; and as the deeision has summed up to an amount not anticipated by themselves, tIley consider it desirable to append to their conclusion some remarks explanatory of the matters brought before them, and of their apprehension of the gross mismanagement which alone could have caused WI'ongs so large and painful, and damages so severe.

The parties named in this arbitration are the same as those appointed for the investigation of the accounts rendered (and claims made) by Mr. Allan for goods delivered under his contract up to the' thirtieth day of June, 1854, payment of which had been withheld up to June, 1855 (and the value of which was decided to be £15,744 Os. 7!d), and which amount, together with interest, was awarded to him by former Arbitration Boat:d on the twenty-first day of June last, and has subsequently been paid to him by the Government.

The suspension of so large an amount, and the asserted ruinous consequences to l\Ir. Allan, have been the matter for consideration delegated to the present board, and they are bound to affirm, that while every justice has been done to the interest of the Government, by the continuous and able advocacy of Mr. Agg, who was throughout present at all meetings of the arbitrators-

It has been clearly proved to them that the ruil}. of lYIr. Allan is attributable to nothing but the insufficiency of control, absence of departmental arrangements, and inefficient system (or want of system) of accounts on the part of those officers and servants whosc duty it was to have regulated and cared for the interests of the Government. . ,

They find on the thirtieth day of December, 1853, that the Civil Commissary General enters into a twelvemonth's contract with Mr. Allan, and that on the fifth day of January, 1854 (Appendix Bt), official instructions, emanating from thc then Colonial Secretary, are issued fpr t See plI/!e 26-the Commissariat" privately" to make other contradictory arrangements, and at once, if bargains offer, to compete in buying with the contractor in the markets nearest to his requirements, nor do we, find any subsequent rescinding of these instructions.

They find that the contractor in February (being the earliest period when such cause of complaint was proved by him) reports the difficulties ho finds from not b3ing able to obtain from the various stations which he supplied the necessary formal return of their receipts.

They find no remedy attempted to this continued just cause of complaint. They find that after repeated compla~nts, and consultations with the contractor, the Civil

Commissary General writes a succinct and very necessary letter (markcd en to the Colonial t See page 2'.

Secretary, pointing out existing difficulties and indicating the steps which were indispensable for the satisfactory performance on the part of the Government under this contract; but they find no action under this strong and commendable letter; they do not find it is even acknowledged by the Colonial Secretary, or further noticed by the Commissary General; and the arbitrators express it as their opinion, that had the steps suggested by the Civil Oommissary General in his letter of 24th March, 1854, been enforced, the present. claim would not have existed.

They find no sufficient system of check on accounts as existing ,between the head office and the branches of the Commissariat Department, but that very large sums were paid on the simple order of an inferior officer in that department, and charged in general account to his debit.

TIleY find that up to this day no counter check exists whereby to prove the correctne~s of Allan's claims, and that it was impossible for the Government without Al,lan's papers to produee a. contra account.

, They find the sum of :£20,000 was advanced by the Assistant Civil Commissary at Castle-maine, without the details being reeorded at the head office,or even in his own books.

They find no organised systcm of" issue" or " returns." They find almost no" requisitions" on the contractor, or even abstract of the consumption. They find gross waste pervading every station, and absence of system without exeeption. They find that all the charges registered againFt Mr. Allan as derelictions by him under

the contract revert upon the Government through its officers or are not proved. They find by the evidence of the Assistant Civil Commissary at Castlemaine­That there was no check ou the issue by the Commissariat. That he witnessed great waste. That the officers of other departments would not be ruled by him in matters of provisions. That he had repeatcdly written complaining of this to his superior. That no bcoks :whatever were kept at various stations. Tp.at receipts and deliveries under this contract were never-checked. That at many stationsnoone would take charge (unless payment to the police was resorted to)~ That in October, 1854, many returns could not be got in for January and February

preceding. That complaints made against the contractor by various parties (which, though enter­

tained by him at the time) had since proved groundless, or exhibited the complaints as origi­nating in the gross waste of the officers thcmselves.

C.-No. 25. 9.

. ·26

They :find by the evidence of the Civil Commissary General-That no bond for the due performance of thi!! contract was completed. That a most important item in the contract, involving a cost to the Government of nearly

£3000 (and now admitted by the Civil Commissary GencraLas equitable and right), was never understood by.hi;n, though properly brought under his notice.

That he dld not know where the Government had storcs, nor the extent of them. That no officers made" returns" to him, though it was their duty to do so i and yet that

he refused Allan payment because he could not produce" returns." , That there was a good deal of jealousy between his department and others. In short, the investigation of this case has impressed the arbitrators with the conviCtion,

that the means of the Government have been wasted without limit, and neglccted up.to the necessity of the present enquiry and its results. .

Their impressions of :rrlr. Allan have, perforce, been much elevated, from the position he has made good, from the high proofs given of his business aptitude, and from the yery strong and unexceptionable evidence he has given of his means, his credit and eharacter preceding and during this contract.

(Signed) JAMES G. FRANCIS,} A b't t JOHN PRICE, ~ 1 ra ors. WM. BAYLES, Umpire.

A. Recapitulation oj Awai'd to )11-. Allan by the Arbitl'atOl·S.

Profit on contract for three months Expenses of insolvency und charges Loss on stock-in-trade, &c. ... "'" Loss in debts . Loss of time-one year Compensation

(Signed)

£ s. d. 3,636 15 7t 2,172 11 R 1,500 0 0 2,000 0 0 1,000 0 0 8,000 0 0

£18,309 7 3~

JOHN PRrcE, ' r 1 ra ors. Melbourne, Brd October, 1855.

JAMES G. FRANCIS,} A b't t

Wl\1. BAYLES, Umpire.

B. Enclosure No. 1.

Assistant Oivil Oomrnissary, 11felboul'ne, to Assistant 'Oivil Commissary, Oastlemaine.

[Confidential and strictly privak]

SIR, Office of Civil Commissariat,

5th January, 1854.

In reference to the letter forwarded herewith, respecting storage, I am directed by.the Ci viI Commissary General to state that it is in contemplation to set aside all provision and forage contracts, such contracts only to continue inforce till the ht l\1ay, after which date it is pro­

. posed that the Commissariat Department shall provide and issue all rations of forage and provisions. . .

It is likewise eontemplated to allow the Police .Force money in lieu of rations of pro­visions (only) ..

This information is now forwarded to you privately, in order that you may understand fully the positi.on this department ,vill hold. .

It will be necessary and advisable for you immediately to make purchases of such ser-. viceable hay as you can procure in your neighbourhood. You will therefore obtain as quietly and privately as you can all thc offers possible for the supply of hay. When practicable all offers should be submitted to the Civil Commissary General, t<i be accepted or declined, by return of post. In eases where the tenderer ,v-ill not submit to this delay, if the offer is very advantageous, you will of 'course use your discretion, reporting baving done so immediately to the C. C.' G.'

Hay is the prineipal article, as all other stores. can be best forwarded from .:Melbourne. Under these circumstances, the necessity of proper storage being proyided against the

time named, and all arrangements being complete, will be obvious. . It is left to yenr judgment which of the stations in your district it will be possible to

supply during the winter months from your· head station; in cases of this kind a small store, sufficient to hold a month or two months' eonsumption, will only be necessary.

I have, &c., (Signed) FREDK'. FOWLER,

.To the Assistant Civil Commissary, A~sistant Civil Commissary. Castlemaine.

27

JlIemol'andurn upon which fo,·egoing 'Letter was w/,iUen.

Memo.-For infqrmation of Honorable ,Colonial Secretary ... Estimate of cost of ration <calculated at present wholesale prices.

Flour :L\'leat Sugar Tea, Salt Soap Tobaceo Vegetables Candles ...

1 lb. .•• at .£33 per ton 1 JJ "',,, 7d. per lb. 4 oz. " 28s. per cwt. ~ " ,,2s. per lb. t " " 128. per cwt. '2 " " 30s. per cwt. t " " 33. 6d. per lb. i5 " " 208.' per cwt. .,'"

3id. 7d. 1d. lid.

3:1 ;{u.

fd. lid. 2d. t d.

ls.6d.'

Estimate of cost of ration of forage calculated at present wholEisale prices.

Oats 10 lb8. 12s. per bushel 3a. Od. Bran 4 " 5s. per" Is. Od. Hay 12 .£35 per ton Os 6d {Price of Colonial

II O. • hay .£40 per ton. Straw 4 " ... £18 per " Os. 7 d.

88.1d.

There is no allowance made in this calculation for waste from unavoidable or na.tural causes, which, on this latter ration, is considerable, nor for expenses.

ilfillute of Oolonial Secretat·y. Ration contract to be terminated in one month. Forage contract not to be terminated at

pl'esent; but ~lr. :Moody to make pu,rchases of forage for wintcr consumption at remunerating 'prices, if possible, if not to report reaaon.

J. F. Jan~ary 6.

C. Enclosure No.2.

Oivil Oommissa,'y General to Oolonial Secretary.

No. 54 1 50. Office of Civil Commissariat,

:Melbourne, 24th February, 1854.

Sm, I have the 'honor to forward you eopy of a letter received from :Mr. Allan, contractor for

provisions and forage for the district of Castlemaine, and in referenec thereto would beg. to refer you to my letters* (No. 541 22) of 24th ultimo and (54 116) of 18th January.

2. :Mr. Allan's chief difficulty seems to be, 1st, That no officer is willing to take charge of the supplies forwarded to tlw stations; and, 2nd, to the absence of aecommodation for their pro­tection from waste.

3. I have also been informed that he experiences very considerable difficulty and delay in obtnining the necessary returns requisite to pass his accounts.

4. To obviate the first, I would request you will be good enough to issue instructions to the superior officer in charge of stations supplied by bim to take charge of the stores forwarded, and to grant a receipt for the Slpne, and also to furnish the Assistant Civil Commissary at Castlemaine, !It least ten days previous to the eommencement of each month, with an .cstimatc of the probable requirements of tIle station during the ensuing month, and at the .termination a return of the number of horses which have received forage, and of the number qf person~ who have been rt1tioned during the month, which will enable him to check the accounts.

5. I cannot recommend the expense of an issuer attached to this department at each station, as I consider it uncalled for, most of the stations being very smalL

6. I propose that this duty be performed by one of the men attached to the foree, under supervision of the officer in eharge, who should be required to render an account of the receipt~ and issues every month,· and who should be provided with a store suited to the size of the station for the due protection of the articles.

The Honorable The Colonial Secret!lry,

Melbourne.

I have, &c., &c.,

(Signed) ]~ESLEY A. MOODY, . C.C.G.

.. See pages 30 and llI.

28.

Sub-enclosure in No.2.

y, .. John Allan to Oivil Oommissat·y General.

Castlemaine, 20th February, 1854.

Having just returned from an inspection of several of the out-stations, made in company with your assistant at Castlemaine, I have' the honor to inform you that the destruction of -property is very considerable, especially in .the heavy item of hay. This arises chiefly from there being no yards for the recepti.on of that article, and rio officer whose special duty it is to look after the supplies ; this is not in accordance with our arrangement, and I trust may be speedily remedied'.

2. As it is absolutely necessary to have proper protection for the stores sent to the stations­throuO'hout the district, may I ask whether it is the intention of the Government to furnish them with the store tents, or some other means of protecting the goods, and whether it will be made part of the duty of one or other of the officers at the several stations to receive such supplies as may be sent from time to tirne? I put this _question the more' pointedly, ha~ing just been

-informed by the Gold Commissioner of Fryer's Creek, that he, on applying to the Chief Commis­sioner, was desired to take tl no heed to the goods." On this station there are several montbs' supply of hay exposed to any animal whicli may approach it, the only covering being an old tarpaulin. _

3. At some of the' stations referred to no person would take the trouble to weigh the goods from the draymen ; in fact, where there is no Commissariat storeman, neither one department nor' tbe other will take charge thereof.

4. I have not yet received a reply to my tender for oats and bran for th(; camp at. thi,s place. .

I have, &c., (Signed) JOHN ALLAN,"

Enclosure No.3.

Oivil Oommissary General to Colonial Secreta1'Y,

No. 55 I 8~. - SIR,

Office of Civil Commissariat, l"leibourne, 24th March, 1854.

I .have the honor to submit, for your information, copy of letters from Mr. J. Allan, contractor for provisions and forage for the district of Castlemaine, complaining of tbe serious loss he incurs in carrying out his contract, from the refusal of the police officers in charge of stations­to take any charge of the stores forwarded, and also from the Assistant Civil Commissary at Castlemaine, to whom I.refer.redthe complaint substantiating his statements. .

2. Witb reference to this matter, r would beg 'to refer you to my letters to you of 18th .See pages 81 and 24th January, and your replies thereto, dated *28tb and 31st January respectively. an~ 32. 3. I need scarcely point out to you 'the very serious loss and inconvenience 'which .!l.

persistence in such conduct may occasion to the Government. It is only by cordial co· operation on the part of other departments with this that I can hope to effect a saving to the public service, and ifobstacles such as are represented are thrown in the way of supplies to tbe Government by their. own officers, I shall not be able to get any person either to contract or supply, except at a very enhanced rate. . . 4. The consequence of tbis will be, I fear, a notice from Mr. Allan of discontinuance of contract, w hieh is a reasonable one, and as in such an event supplies will have to be forwarded from this during the.winter, a v~ry considerable. loss in the cost of transport at such a time will be incurred. . .

. The Honorable The Colonial Secrera,ry,

Melbourne.

. I have &c.,

(Signed) LESLEY A. MOODY, Civil Commissary GeneraL

Sub-enClosure 1 in No.3.

Mr. John Allan to Assistant Oommissary General.

SIR,

Castlemaine, 16th March, 1854:. 11 P.M,

I have the honor to' inform you that after going through the various returns now in my Fossession for the different stations in this district, I find it utterly impossible, from the imperfect.

29

manner in which the returns are made to give you anything like even an approximate value of the issue for the last two months. On supervising the returns sent in to me, I find the totals so widely different to the daily issue, that I would not like 'such documents to leave my office without correction; therefore I must decline, until examination, giving any returns for the accounts in my hands.

I have sent round the district to get correct returns; I trust before next post day to have all the accounts of the district before me.

To the Assistant Commissary, Castlemaine.

Sub-enclosure 2 in No.3.

I have, &c., (Signed) JOHN ALLAN.

Assistant Oivil Oomm.issa?'!! Genet'al to Oivil Oom.n~issal·!I General.

Office of Civil Commissariat, No. 64 ]121. Castlemaine, 17th l\'Iarch, 1854.

Sm, In answer to your letter, No. 54 I 43, dated 7th instant, requesting certified copies of the

receipts of stores placed at the various stations in my district, 2. I have the honor to inform you that the requisite forms and instructions were forwarded

to lrfr. John Allan accordingly, who promised to let me have the same in time to forward by this post. From the letter received from that gentleman this morning, it would appear that he was Now enclosed. endeavouring to compile the accounts from the monthly returns, instead of the way-bills which are actually in his possession, and upon which documents only I paid him on account. I will, however, ensure that such documents as you require be forthcoming by the next post.

I have the honor to be, . Sir,

Your most obedient Servant,

The Civil Commissary General, (Signed) JOHN REJ~PH, Melbourne. A C. C.

C.-No. 25. h.

No.4.

APP]TINDI C ES, CONSISTING OF SEVERAL LETTERS REFERRED TO IN PREVIOUS. CORRESPONDENCE.

APPENDIX A.

Civil Oommil1,s.a1'!J Gen~ral tf) Ool.onial $ecvetary.

Office of Civil Commissariat, Melb.ourn!l~_18.th January, 1854.

'SIR, :r have the honor to. enclose copy of ·a. letter which has been addressed to. me by' Mr.

Jolin Allan, contractor for supply of. rations and. forage. for di~trict Ot Castlemaine, stating that he eannot continue the contrac~ unless the Government wilL receive the:rations of provisions, &c., in bulk, and pay for two-thirds, at the expiration of the month, of the quantity delivered, and that the receipt of the officer in charge. be deemed: the voucher for quantity.' r

2 .. I beg to state,for your information, that at 'very few of the out-stations there is at present any accommodation for the. storage: of. supplies of any kind, and that I have received intimatioll from nIr. Relph" Assistant Civil Commissary at Castlemaine, that the Police and Gold Commission Officers' have declined to take charge of or be responsible for any stores which may he sent in.

3.1 would also beg to state that without such storage accommodation considerable loss and waste must arise if any quantity be supplied at a time, nor could any officer justly be held responsible over supplies for w hieh he has no protection.

4. As Mr. Allan is remaining in town for a reply to h.is letter, I have to request your early attention to the subject. .

I have, &c, The Honorahle

The Colonial Seeretary, . Melbourne.

(Signed) LESLEY A. lYIOODY, Civil Commissary General.

Enclosure in Appendix A.

Mr. John Allan to Oivil Oommissary General.

Melbourne, 11th January, 1854. Sm.~

-In reference to our conversation of yesterday, I have to inform you that after mature con­sideration I find it imperative that we should have a more explicit understanding than now exists respecting the contracts for the district of Castlemaine. After duly weighing the subject, I have arrived at the conclusion that it will be absolutely out of my power to continue the contract unless Her l\lajesty's Government will agree (as I have hitherto believed it would, and have acted accordingly) to receive the forage and provisions in bulk, and pay for at least two-thirds, at the expiration of the month, of what ma,y have been delivered; also that the receipt of the officer in charge be deemed the voucher of quantity ..

. I never contemplated the enormous outlay that would occur if I were only paid for the monthly rations; to carry out the contract it would be necessary that the supplies required from the month of April to October be up before the beginning of May, which iould require an· outlay of. not-less than seventy thousand pounds. .

I must, therefore, submit the subject fo'r your consideration before adopting any further measures; at the same time I assure you I took the contract with the intention of carrying it out in its integrity, and should the Government cede these points, will endeavour to do so to the utmost of my ability. As I leave Melbourne on Thursday,.may I request an early reply.

The Civil Commissary General, Melbourne.

I ha.ve, &c., (Signed) JOHN ALLAN.

31

Acting, Assi8tant Colonial Secrefar'!1' to Ci",l Commi8Sar'!1 Ge.neral.

Colonial'Secretary's Office,

SIlt, . Melbourne, 31st January, 1854.

I have ~he honor' to acknowledge your letter of the 18th instant, in which you enclose copy ·of a letter recelve~ by ~Oll from M:. John Alla:n,. con~r!,ctor for th~ suppl¥ of rations and forage for the Castlemame dIstrIct, settmg forth hIS mabIllty to contmue hls contract, unless the Government will receive the !ations of provisions, &c., in bulk, paying for two-thirds, at the expi­ration of the month, of the quantity delivered, aud that the receipt of the officer in charge be deemed the voucher for quantity.

2. You further point out the want of accommodation for the storage of supplies of any kind, and that the Police and Gold Commission Officers have declined to take charge of or become responsible for stores sent in, and that without such accommodation considerable loss or waste must arise if any quantity be supplied at once.

3. In reply, I do. myself the honor to inform you that His Excellency is pleased to sanction the arrangements proposed by the contractor, if it can be done without any detriment to the public service, but if it cannot, Mr. Allan must abide by his contract.

The Civil Commissary' General, Melbourne.

I have; &c., (Signed) F. W. MARSDEN.

APPENDIX B.

Oi'Vil' (Jommiuary General to Oolonial Secretary.

Office of Civil Commissariat,

'SIR, Melbourne, 24th Jan~ary, 1854.

I have the honor to enclose herewith copy of a letter addressed to me by Mr. John Allan, ·contractor for the district at Castlemaine, requesting that he might be permitted to place the winter's supply at each station, and that the officer in charge have directions to take every ·care of the stores forwarded, but without responsibility to him, and also, that as a very large

. outlay would be required to meet the payment for these supplies, requesting as a favor that pay-ment on account of his contract migh~ be made to him equal to ,the value of two-thirds of stores so placed in charge, which wOllld be adjusted by monthly ration accounts, and also that storage at the various stations may be placed at his disposal. .

2. Under present circumstances, viz., tlie advanced and still advancing value of hay, and of transport generally, I consider Mr. Allan's contract a very reasonable one, and lower than ·could be obtained at present time.

3. I would, therefore, recommend the matter to His Excellency's consideration, and that he should be granted all facilities for carrying out his contract which are not contrary to Govern­ment regulations.

4. His priucipal object seems to be to get a part payment in anticipation, securing the 'Government against loss liyplacing stores under the control of: its officers.

5. Were supplies purchased in bulk by this' department, payment would be made on receipt. I do not, therefore, think it unreasonable in Mr. Allan to ask for part payment for his supply.

6. l\fr. Allan requests an early reply,.

The Honorable The Oolonial Secretary,

Melbourne.

I have, &c.,

(SiIWed)? LESLEY A. MOODY~ Civil Commissary General.

Enclosurein Appendix B.<

Mr. J.ol&n Allan"to Civil Oommi.ssary' General.

Melbourne, 20th January, 1854. SIR,

I propose. to. deliver the rations of. prorisions and forage required !or the district .of Castle­·maine at each station at. the commencement of' each month, but as supphes are verydlfficult to be transported in the winter months, I propose to place on the spot a supply to las~ during that period, such supplies to be issued monthly as required by the station j, at the s~me hme, I request that the officer in charge of the station have direction to take ever;y; care of the stores forwarded -on my pa.rt, hut without responsibility to him.

22nd J una, 185~.

6th July, ISM.

32

As)t will require a very large outlay of money to place supplies of the various storeS' required for the winter months on the spot,' I have to request as a favor that payment may be made to me, equal to two-thirds of the stores so plaeed in charge, in anticipation, which will be duly_ adjusted. by me in the monthly ration account.

I am, &c.,

(Signed) JOHN ALLAN,.

P.S.-Alrstorage at the different stations to be placed at my disposal.

·The- Civil Commissary General, Melbourne.

Colonial Secreta1'!} to Civtl Commissa!'!} Gene)·al.

SIR,

Colonial Secretary's Office, Melbourne, 28th January, 1854,_

I have the honor to acknowledge the reeeipt of your letter dated 24th instant, enclosing copy- of one you had received from Mr. John Allan, contractor for the Castlemaine district, dated the 20th instant, proposing certain arrangements in order to take advantage of the present season for furnishing the various stations in his distriet with forage and other supplies_

2. In reply, I am to convey to you the Lieutenant Governor's approval of l\1r. Allan's. request. -

S. Mr. Allan will therefore be permitted to place at oncc thc winter's supply at each station, and you will have the goodness to instruct the officer.in charge to take every care of the stores forwarded, on the understanding that no responsibility will attach. to him for doing 80.

<J:. As you are of opinion that flo large outlay !Vill be required to meet the payment for these supplies, lIis Excellency will have no objection, to payment being made -~Ir. Allan, on account of his contract, to the extent of two-thirds the valne of stores so placed in charge, which can be ad­justed by the monthly ration accounts. - 5. The Lieutenant Governor, on these conditions, will also ,allow the entire storage at the various stations to be placed at Mr. Allan's disposal, as requested in your letter.

The Civil Commissary General, Melbourne.

APPENDIX C.

I have, &c. (Signed) JOHN FOSTER.

Civil CommilJlJa)'!/ Genel'al to Oolonial Secretary_

Office of Civil Commissariat, - Melbourne, 8th July, 1854~

I have the honor to transmit herewith, for your information, copy of letter received from the contractor for the Castlemaine district, Mr. John Allan, on the subject of his contract, also copy of my reply to that letter.

2nd. The circumstances set forth by l\-Ir. Allan in his letter concurring with ~he numerous' complaints which reached-.me from the Castlemaine district of the nonfulfilment of his contract in some instances, and olits most unsatisfactory performance in others, convinced me of the necessity of promptly taking the'decided course of abrogating the contract, as will be seen by copy of my letter referred to.

Srd. I have the honor, then, to request Y9u will obtain the sanction of His Excellency the Lieutenant Governor to the course which I felt the interest of the public service rendered it incumbent on me to adopt without delay; and, further, to request that His Excellency may be pleased to communicate the amount of the mulct which he considers should be levied upon Allan for his breach of contract. '

4th. With respect to this latter subject, I beg respectfully to direct your attention to clause seventeen of the conditions of contract (enclosed), and to add, that on the average of the three first, months of the present Y\lar the amount of Allan's monthly account wi~h this office was Four thou­sand eight. hundred and sixty-four pounds seventeen shillings and nine-pence (£4864 17s. 9d). The mulct by the"clause of conditions referred to 'cannot exceed one-fourth that amount.

The Honorable The Colonial Secretary,

Melbo~ne.

I have, &e" (Signed) LESLEY A. MOODY,

Civil Commissary General.

33

Enclosure 1 in Appendix C.

John Allan to Civil Commissa!'!! General.

Castlemaine, 22nd June, 1854. 8m,

I have the honor to aeknowledge the receipt of your letter of the 19th instant, in which you inform me that His Exeellency the Officer administering the Government will not comply with the request contained in my letter of the 29th ultimo.

As it therefore appears that I was misled in the view I took of the intentions of the Go".ernment when I consented to re-undcrtake the supplying of the police with provisions for the southern portion of this district, I must beg to decline doing so longer than the 1st July, as I do not conceive, after the abrupt manner in which the police supplies were withdrawn from me, I am now bound to any other than my original contract j therefore, as the supplying of that force was withdrawn from that contract, I do not consider any lengthened notice necessary, and as I under­took to supply the st;ttions at an evident loss, believing that the Government intended to act liberally with me to so large a contract. I certainly did not expect that the unforeseen difficulties I had to contend with in carrying out this contract would have met with so little consideration on the part of Her Majesty's Government. Further, in consequence of the dilatory manner in which the replies of Government have been given to me, it has been perfectly put out of my power to give the necessary notice unlcss at a season of the year that would prove utterly ruinous, for in the event of my doing so now the term of notice would include the entire winter months, therefore causing me the expense of all high cartages, and give to the Government thc months of thc latter end of the year when the cartage would be at the lowest figure.

2. In connection with the above, I have to inform you that in order not to embarrass the Commissariat Officer of the district, that I will.transfer to him all provisions on hand at the poliee stations alluded to, on the 30th instant, at cost price and cartage of the day, if sllCh should meet your views.

3. I have also the honor to request that the official reply, accepting of my tender, unde'r date of 5th January, for the northern stations, be forwarded me; Ihaving supplied these stations in accordance therewith, this document is necessary, as the Assistant Civil Commissary does not include the extra amount of transit in his estimates with me, and therefore we are unable to arrive' at a proper adjustment of the accounts, which we are anxious to do on the expiration of the half year, viz., 30th June.

I would also request a definite reply whcther I am to consider the receipts of the officers in charge of the different stations as my vouchers of quantity delivered, in accordance with the under­standing when I last had the honor of seeing you in Melbourne.

I have, &c., (Signed) JOHN ALLAN.

P.S.-EncIosed are copies of receipts required for Wedderburne and Kingower, which stations were out on the 30th April, the day to which the abstr_&ct in your possession is made up.

To the Civil Commissary General.

Enclosure 2 in Appendix C."

Civil Commissary Gen€1'al to Mr. John Allan.

Sm,

Office of Civil Commissariat, . Melbourne, 6th July, 1854.

I have the honor to acknowledge your letter of 22nd ultimo, received yesterday, and, in reply, have to refer you to my letter, No. 54 1107, of the 9th June, to the terms under which your tender was accepted in.the first instance respecting rations of provisions to police force, and nls? to your letter* of 25th April, by which you undertakc to renew your contract with respect to ratlons of provisions to police force in the Castlemaine district. However, having received com­plaints of the repeated irregularity of supply of rations of forage and provisions at various stations in your district, and delay in delivering them though called upon to do so, I havc communicated with the Honorable the Colonial Secretary upon the matter, and he considers that these facts justify the abrogation of the contract under the 17th clause of the cOltditions thereof (enclosed), and I will bring the matter at once under the notice of His Excellcncy the Lieutenant Governor, with a view to ascertaining his decision upon the amount of the mulct to be levied from your account, which he may consider it proper to direct under the circumstances, and on learning his decision will communicate further with you on the matter.

Mr. John Allan, Government Contractor,

Castlemaine. C.-No. 25. i.

. I have, &c., .

(Signed) LESLEY A. MOODY, Civil Commissary GeneraL

.. Annexed, :page 31.

/

34

Sub-~nclosure in Appendix C.

Mr. John Allan to Civil .corMlIissa1·Y Genel·al.

Melbourne, 25th April, 1854. SIB,

I have the honor to inform you, in refere~ce to our conversation, that I will renew my original contract for the supply of the police of the district of Carlsruhe, discontinued in consequence of your notice uuder date March 1st, 1854.

To the Civil Commissary General, Melbourne.

(Signed) 111m, &c.,

JOHN ALLAN.

Assistant Colonial Secl'etal'Y to Civil" CommiSSfll',1J Gellln·al ..

SIR,

Colonial Secretary's Office, Melbourne, 19th July, 1854.

I have to acknowledge the receipt of your letter of the 8th instant, No. 199, reporting that you have been compelled to abrogate Mr. John Allan's contract, in consequence of the unsatisfactory manner in which he has performed it, and requesting to be informed of the amount of the mulct to be levied on ,him for his breach of contract. ,

2, Under all the circumstances, His Excellency considers that the full amount allowe,d by the 17th clause of the conditions should be exacted from Mr. Allan, being one-fourth of his monthly account with your office (£4864 171:1. 9d.), namely, £1216 4s. 5d.

f have, &c., The Civil Commissary General,

Melbourne. (Signed) J. MOORE,

A. C. S.

By Authority: JOHN FERRllS, Government Pri!ltcr, l\1elboll~e.