§ Order for Third Reading read.
§ SIR FITZROY KELLYsaid, that as be understood that the contract, known as the Dovor contract, entered into between the Admiralty and Mr. Churchward, was to be transferred from that department to the Post Office, and as under a former contract, that of 1849, a gentleman, Captain Jenkins, he believed, was taken as a surety, whereas the contract was now 72 being performed under the provisions of an agreement come to in 1859, he (Sir F. Kelly) wished to know whether Captain Jenkins was still held to be a surety under the contract of 1859, or whether he was held to be discharged; and, if it seemed necessary, he would suggest that the consideration of the Bill should be postponed till the House had had time to consider the circumstances.
§ MR. LAINGsaid, there was nothing in the Bill before the House that interfered with the existing contracts. It simply did what was done several years ago in the reverse case. Then a number of contracts with the Post Office were transferred to the Admiralty; by this Bill there was a transfer of contracts or alleged contracts from the Admiralty to the Post Office, without in any way affecting their validity or invalidity. Whatever might be the position of Mr. Churchward or his sureties, with regard to the Admiralty, it would be precisely the same with regard to the Post Office. It was obvious, therefore, that if the view of the Admiralty was correct, that their contract of 1859 did not now exist, and that view was adopted by the House, and was not affected by law, no penalties on account of its non-performance could attach to a surety. No existing contract was affected by the Bill, which merely transferred the power of entering into contracts from the Admiralty to the Post Office.
§ Bill read 3°, and passed.
§ House adjourned at One o'clock.