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RETURN To an order of the Legislative Assembly, dated 16th April, 1880, for a copy of the Contract entered… British Columbia. Legislative Assembly. 1880

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 43 Vic. Graving Dock Contract. 357
To an order of the Legislative Assembly, dated 16th April, 1880, for a copy of the
Contract entered into with Messrs. McNamee & Co. for the construction of
the Esquimalt Graving Dock.
By Command.
Geo. A. Walkem,
Chief Commissioner Lands and Works.
Lands and Works Department,
2Srd April, 1880.
This Indenture made at Montreal this Twenty-Fourth day of February, A.D. 1880,
between Francis Bernard McNamee, Antony Gilbert Nish, and James Wright, constituting the firhi of F. B. McNamee & Co. of Montreal, hereinafter called the Contractors
of the first part, and Her Majesty, Queen Victoria, rejiresented by the Chief Commissioner of Lands and Works of British Columbia, hereinafter called the Chief
Commissioner, of the second part.
Whereas the above Contractors have agreed with the said Chief Commissioner to
construct and maintain a Graving Dock, to maintain and remove the Cofferdam in
connection therewith, and to do and execute other works in connection therewith, on
the lands and foreshore of Thetis Cove, Esquimalt Harbour, British Columbia, in
accordance with drawings and specifications prepared by Messrs. Kinipple and Morris,
Engineers, and by the said Chief Commissioner, and with tho terms and conditions and
for the considerations and at the rates and within the time mentioned in a certain copy
of tho said specifications and in a certain form of tender annexed thereto, and deposited
by the said Contractors with the Chief Commissioner, and by him filed in record in the
Department of Lands and Works at Victoria.
And whereas the said Contractors have, prior to the execution hereof, and in compliance with the terms of the specifications, deposited with the said Chief Commissioner
in his capacity before mentioned the sum of Ten Thousand Dollars as part security for
the" due fulfilment of their contract and of the covenants and conditions thereof, it
having been further agreed that they should receive back the said money, with the
interest thereon mentioned in the specifications, upon the due performance by them of
the said covenants and conditions, but be liable for any loss of the said money or interest
occasioned by the failure or insolvency of any Bank holding the same or any security
.representing the same.
And whereas the Dominion Government have, by Order in Council dated the
twelfth day of February, 1880, agreed, for reasons therein stated, to contribute Two
hundred and fifty thousand dollars towards the construction of the said Dock, provided
the Terms of the said Order should be sanctioned by the Legislature of British Columbia
and by the Imperial Government.
Now this Indenture witnesseth that, in consideration of the premises, and of the
of Three hundred and fifty thousand nine hundred and ninety-seven 20-100 dollars, 358   ' Graving Dock Contract. 1880
or of such other sum as may be certified to be due and payable to the contractors under
the specifications hereinbefore mentioned, they, the contractors, hereby covenant and
agree with Her Majesty that they will faithfully observe and perform all the conditions
and agreements contained in the copy of specifications and in the form of tender
herein mentioned, and in accordance with the drawings or amended drawings (if any)
therein referred to.
And Her Majesty, in consideration of the premises, hereby covenants with the contractors that they will be paid for and in respect of the works hereby contracted for,
and in the manner set forth in the said specifications, the several prices or sums therein
All covenants and agreements herein contained shall, where Her Majesty is referred
to, be binding upon Her successors, and shall, where the contractors are referred to,
include their and each of their executors and administrators; and it is further provided,
and hereby expressly understood, that the said covenants and agreements shall be void
and of no effect if the terms of the Order in Council above referred to are not sanctioned
by the Legislature of British Columbia at its ensuing session, and by the Imperial
Government within six months from the date of these presents, or within such further
time as may bo deemed reasonable by the Government of British Columbia and be
expressed in a Minute of Council to that effect, said additional time not to exceed
eighteen months in all from the date of these presents.
In witness whereof the parties hereto have set their hands and seals the day and
year first above mentioned, the Chief Commissioner hereby undertaking to append his
seal of office hereto when he reaches British Columbia.
Signed, sealed, and delivered by the parties f (Si      d)    F# B, MoNamee. [L.S.]
of the first part m presence of J (Signed)    A. G. Nish. , [L.S.]
(Signed)       J. WuRTSeai) qc     j^ned]   JamesWriqht. [L.8,]
Signed and sealed by the Chief Commis- (
sioner in presence of J (Signed)    Geo. A. Walkem, [^0
(Signed)       J.  Wurtele, as C. C. of Lands and Works,
of Montreal, Q.C.     (.
Witness to signature and seal of Chief ("(Signed)    Gbo. A. Walkem, [Seal of
Commissioner of Lands and Works,        ) CCL&W office 1
(Signed)       Eli Harrison, Jr.        (. 'J
Contract No. 3.
Form   of   Bond.
Know all men by these presents that we, Francis Bernard McNamee, Antony
Gilbert Nish, and James Wright, of Montreal, Contractors, and John Burke, of Montreal,
of the firm of Burke Bros., Traders, and William Davis, of Ottawa, Esquire, of the firm
of Wm. Davis & Sons, are held and bound unto our Sovereign Lady the Queen, in
the sum of Twenty-five Thousand Dollars, to be paid to our Lady the Queen, Her Heirs
and Successors, for which payment well and truly to be made, we bind ourselves and 43 Vic. Graving Dock Contract. 359
each of us, and the heirs, executors, and administrators of us and each of us, jointly and
severally, by these presents. As witness our hands and seals this twenty-fourth day of
February, A.D. one thousand eight hundred and eighty.
Whereas the above named contractors have entered into an agreement with the
Honourable George Anthony Walkem, Chief Commissioner of Lands and Works, acting
for the Government of British Columbia, to execute a Contract to construct a Graving
Dock with a Second Entrance at Head, Wings and Harbour Quay Walls, Engine and
Boiler Houses, Chimney, Pump Wells, Culverts, &c; also to deposit the sum of $10,000,
in cash or by certified cheque, to the credit of the Government of British Columbia, as
security herewith for the proper execution of the said Contract; also to maintain and
remove the Cofferdam, and to fulfil and execute the said Contract in accordance with
Drawings, Specification, Bills of Quantities, Form of Tender, and conditions therein
contained, and which Specifications so far as they refer to the Contractors' sureties are,
for the considerations mentioned in the said Contract or Agreement, hereby specially
declared to be binding upon us herein named as such sureties, and our and each of our
heirs, executors, and administrators.
Now the condition of the above written bond is such, that if the above bounden
Contractors shall be awarded the Contract for the above mentioned works, and shall
execute the said Contract, and shall well and faithfully perform and fulfil all and every
of the terms, conditions, stipulations, and requirements in such Contract contained, and
every part thereof respectively, then the said deposit shall be returned and the above
written Bond shall be void and of no effect, but otherwise shall remain in full force and
virtue.   •
Signed and sealed by the above named par- f (Signed)
ties in the presence of (Signed)
i (Signed)
(Signed)       J. Wurtele, ] (Signed)
of Montreal, Q.C.     (, (Signed)
F. B. McNamee.
A. G. Nish.
James Wright.
John Burke.
William Davis.


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