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RETURN To an Address of the Legislative Assembly for copies of the several Charters, and of all agreements… British Columbia. Legislative Assembly 1876

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 39 Vic. Correspondence—Mr. Barry's Bridge Charter. 709
RETURN
To an Address of the Legislative Assembly for copies of the several Charters, and
of all agreements or correspondence, referring to the Forks of Quesnelle
Bridge, and to the renewal of the lease thereof to the present lessee, Mr.
Barry.
By Command.
Forbes Geo. Vernon,
Chief Commissioner of Lands and Works.
Lands and Works Office,
4th May, 1876.
Mr. C. Good io Chief Commissioner of Lands $• Works.
Colonial Secretary's Office,
18th February, 1868.
Sir,—The Government has had under consideration your minute on the application
made by Mr. Barry for an extension of the charter of the bridge held by him, and in
reply 1 am directed by His Excellency to acquaint you that in consequence of the
outlay made by Mr. Barry in the improvement of the trails from Quesnelle to Cedar
Creek, that he is prepared to sanction a moderate extension of the charter—say for
three years, at a yearly rent of $100.
It will be necessary that full information be afforded to the Magistrate of the
District as to the duration of the charter and the collection of the rent, etc. Mr.
Barry's letter is herewith returned.
I have, etc.,
(Signed) C. Good.
Chief Commissioner of Lands and Works io Mr. W. P. Barry.
Lands and Works Department,
New "Westminster, 20th February, 1868.
Sir,—In reply to your letter of the 28th September last, 1 have now to inform you
that I am authorized by the Government to offer you a charter right to collect tolls on
all passengers and goods passing over the bridge built by you over the South branch
of the Quesnelle Eiver, near its junction with the North branch, at the point generally
known as the Forks of Quesnelle, on the following terms, viz.:—
The charter to be for a period of three years ; tolls to be collected according to
the following schedule :—■ $    cts.
For each passenger       25
„   each horse, mule, ox, or cow, without load       50
„ „ „ „    with load  1 00
„   each pig, sheep, etc       12J
Carried otherwise than on pack animals  }s et. per lb.
Government officers and animals and freight belonging to or in the employ of
Government to pass free of toll.
The condition of the charter to be a rent of $100 per annum, to be paid half-
yearly in advance, and an agreement by the lessee to keep the bridge above named as
well as that over the North branch of the Quesnelle—also built originally by you at a
point about      miles above the Forks—together with the portion of trail between these
60 710 Correspondence—Mr. Barry's Bridge Charter. 1876
two bridges, and for one mile beyond them each way, in good and substantial repair to
the satisfaction of Government.
Should the above proposed terms be acceptable to you, on hearing from you to
that effect a charter will be prepared and forwarded for your signature.
I have, etc.,
(Signed) J. W. Trutch.
Mr. H. M. Ball to Chief Commissioner of Lands and Works,
BlCIIFIELD,
December 30th, 1870.
Sir,—1 have the honour to forward an application from Mr. W. Barry for a
renewal of his charter for the bridge across the South Fork of Quesnelle for a further
period of three years.
A promise was made to him that the charter should be renewed if he opened the
Duck Creek Trail, leading from the bridge on the North Fork to Keithley Creek.
This trail has been opened by him, and I therefore think he will be entitled to a
renewal of the charter on the same terms and conditions as the previous one.
1 have, etc.,
(Signed) H. M. Ball,
Stipendiary Magistrate.
[Enclosure.]
Mr.  W. P. Barry to Mr. H. M. Ball.
Forks of Quesnelle, B. C,
December 13th, 1870.
Sir,—Some time in last year, and while in Victoria, I made application to the Hon.
Chief Commissioner of Lands and Works for a renewal of my charter for the bridge
across the South Fork of the Quesnelle Eiver, and 1 was referred to the late Judge
Brew on Williams Creek.
I made application to him as soon as I got to the Creek, and in due course of time
1 received a letter, which I yet retain, informing me if 1 would oj»en up the Duck Creek
Trail the charter would be granted. On the faith of this I set to work on the said
trail without any unnecessary delay, and at a much greater cost than I first anticipated. It has taken me six weeks to complete it, with a force of five men and at a cost
of $760 ; a most difficult job it was, and I assure you it was done substantial and in
workmanlike manner. I had informed your Honour of its completion at the time.
Now my present charter expires on the 24th day of next March, 1871. My application
was for three years longer from the expiration of the said charter. I therefore
earnestly pray that you will take into consideration the very costly and most difficult
work which I performed according to instructions, and no compensation for it. 1 hope
1 shall be allowed a renewal of my charter for the next three years, and that your
Honour may forward this with your approval to the Hon. Chief Commissioner of
Lands and Works, British Columbia, and you will greatly oblige your humble servant,
(Signed) William P. Barry.
P. S.—I forgot to mention to you that the bridge'over the North Fork in
connection with the Duck Creek Trail, now in course of erection, is progressing favourably, and will be completed long before my present charter expires. You no doubt
remember I let the job by contract for $625, but having found it necessary to put in a
breakwater to one of the piers, 1 have ordered it at a further cost of $50.
W. P. B.
Chief Commissioner of Lands and Works to Mr. H. M. Ball.
January 27th, 1871.
SIB)—I have the honour to acknowledge the receipt of your letter of the 30th ult.,
forwarding an application from Mr. Wm. Barry for a renewal of the charter right
granted in  1868 to collect tolls on the bridge built by him in 1862 over the South 39  Vie. Correspondence—Mr. Barry's Bridge Charter. 711
branch of the Quesnelle Eiver, for a further period of three years, in furtherance of the
promise to that effect conveyed in my letter to the Assistant Commissioner of Cariboo
District, and in consideration of the condition prescribed in the said letter that a trail
should be constructed by Mr. Barry at his own cost, from the said bridge to Keithley
Creek. As you report that this condition has been duly fulfilled, I have endorsed on
the original indenture of said charter right a memorandum of its renewal on the same
terms and conditions in all respects, for a period of three years from March 24th, 1871;
and I have to request that you will inform Mr. Barry of my having so done, and
further acquaint him that upon his' forwarding to this office, through your hands, the
duplicate of the said indenture which he now holds, a similar endorsement will be made
thereon and the document returned to him forthwith. Mr. Barry's letter to you is
returned herewith, a copy thereof being retained in this office.
I have, etc.,
(Signed) J. W. Trutch.
Mr. H. M. Ball to the Chief Commissioner of Lands and Works.
Eichfield,
March 23rd, 1871.
Sir,—I have the honour to forward the duplicate of Mr. Barry's Charter for the
Bridge at the Forks of Quesnelle for the endorsement of the renewal for a further
period of three years.
I have etc.,
(Signed) H. M. Ball.
The Surveyor-General to Mr. H. M. Ball.
24th April, 1871.
Sir,—I have the honour to acknowledge the receipt of your letter dated 23rd
March, forwarding the duplicate of Mr. Barry's Charter for the Quesnelle Bridge and
asking me to endorse the renewal of the Charter for a further period of three years.
As this has been already agreed upon there is no difficulty in carrying it out, except
that I have no copy of the endorsement on the original Charter. It will be sufficient,
I think, for you to make a true copy of Mr. Trutch's endorsement and sign it as such.
I return the duplicate copy of Charter for this purpose.
I have, etc.,
(Signed) B. W. Pearse.
Mr. H. M. Ball to the Assistant Surveyor-General.
Eichfield,
May 6th, 1871
Sir,—I have the honour to acknowledge the receipt of your letter dated 24th
April, returning the duplicate copy of Charter of the Bridge over the Quesnelle Eiver,
granted to Mr. W. Barry, and instructing me to make a true copy of Mr. Trutch's
endorsement and sign it.
In Mr. Trutch's letter to me dated 27th January, 1871, on the subject, he states
that " he has endorsed on the original indenture of said charter right, a memorandum
" of its renewal on the same terms and conditions in all respects, for a period of three
"years from the 25th March, 1871," and as the original charter has not been forwarded to this office I presume that it must still be in the Lands and Works office,
unless forwarded to Mr. W. Barry. I therefore return the duplicate as Mr. Barry, in
his communication to me, made no mention of having received the original.
I have, &c.,
(Signed) H. M. Bai.l, 712 Correspondence—Mr. Barry's Bridge Charter 1876
Mr. Barry to the Chief Commissioner of Lands and Works.
Victoria, V. I.,
January 8th, 1873.
Sir,—I have the honour to inform you that I at present hold a charter right to
collect tolls on a bridge constructed and owned by myself on the South Fork of
Quesnelle Eiver.
I have further to say that my last charter right, in respect of said bridge, expired
on the 24th day of March, A. D., 1871, and that I obtained, on an application made in
due form to the Lands and Works Office, a renewal of that charter for the term of three
years. That renewal of charter will therefore expiire on the 24th day of March, A. D.,
1874.
It is almost unnecessary for me to say that the business transacted on the bridge is
ofa very transient character, and confined exclusively to the summer season, the result
of which will be, that business operations in respect of the bridge will be completely
suspended from the month of November next, until the advent of spring. In the meantime much substantial work will require to be done to keep the bridge in good repair,
notwithstanding the fact that I have expended a large amount of money [in building a
new pier to support said bridge.
I have further to say that the trail which I opened from tho Forks of Quesnelle to
Duck Creek and Keithley Creek, has cost considerably more than was anticipated.
I have also to state that I have kept all those portions of road specified in my
charter in good repair, and I believe that I have faithfully complied with all the terms
of the charter.
In addition to what I have already stated, I may say that I have built a bridge
across the North Fork of Quesnelle Iliver, on which no toll has been exacted.
That the latter bridge has been once swept away by a freshet, and has again been
replaced by me at considerable cost. It's cost has been between eight and nine hundred dollars.
The bridge on the South Fork of Quesnelle Eiver has cost a great deal of money;
and in consequence of a largo amount of drift timber constantly coming down, occasioned
principally by the effects of great fires in the woods during the last two or three seasons,
the cost of repair and removal of obstructions has been an ever increasing burden..
In support of this application, I would refer you, Sir, to Mr. H. M. Ball, Gold Commissioner and Stipendiary Magistrate in the Cariboo District, who I believe will endorse
the statements made in this application.
In considering this matter I trust that fair weight will be given to the losses already
sustained by me, and also to the due fulfilment of the covenants of the charter on my
part.
In consideration of the premises, I would therefore pray that an extension of the
same charter be granted to me for the space of four years, such four years to commence
from the day of the expiration of the present charter.
Trusting that this application will meet with the favourable consideration of yourself and the Government of this Province.
I have, &c,
(Signed)       William P, Barry.
Chief Commissioner of Lands and  Works to Mr. Barry.
Lands and Works Office,
Victoria, 13th January, 1873.
Sir,—In reply to your letter of the 8th instant, applying for a renewal of the
charter right to collect tolls on a bridge constructed by you over the South Branch of
Quesnelle Eiver, I have the honour to inform you that your application will be laid
before the Executive at once.
I have, &c,
(Signed)       Eobert Beaven. 39 Vie. Correspondence—Mr. Barry's Bridge Charier. 713
Mr. H. M. Ball to the  Chief Commissioner of Lands and  Works.
Victoria, March 12th, 1873.
Sir,—With reference to your note asking my advice as to the renewal of Mr. Barry's
charter for his bridge at tho Forks of Quesnelle for a further period of four years, I
have no hesitation in saying that I consider he is fully entitled to it, as he has been at
considerable expense in rebuilding the bridge over the North Fork, which is free from
toll, and in making a trail in connection with it.
The bridge over the South Fork is a great convenience, and unless some interested
party is in charge of it, would, in all probability, bo swept away by the drift timber
which comes down the ri.ver every summer freshet.
The present rate of tolls is light, and barely remunerates a person taking charge of
the bridge, so that I think the charter might be safely renewed on the same terms,
without injury to the interests of the public or imposing any serious burden on those
using tho bridge.
I have, &c ,
(Signed)        H. M. Ball.
To His Honour Joseph W. Trutch Lieutenant-Governor of British Columbia:—
Sir,—We the subscribers, residents of the Forks of Quesnelle, Keithley and Harvey
Creeks, respectfully request that a renewal of the Charter for the bridge at the Forks
of Quesnelle, mayr not be granted.
We are of opinion that the present owner of the bridge has had sufficient consideration for his outlay, by at least ove extension of his Charter for three years.
At present it causes a direct tax on all consumers, of nearly one cent per pound on
supplies ; a tax, which, taken in connection with the high price of packing—owing to
the bad state ot the trail from the 150 Mile House—the residents can ill afford to pay.
Your Petitioners would humbly suggest, that if the bridge cannot be made free,
there should be no charge on foot passengers, and a reduction be made on freight and
pack animals. The franchise might be let to the highest bidder, or the tolls collected by
the Government Official stationed at the Forks of Quesnelle; and your Petitioners would-
respectfully request that a portion, if not all, of the proceeds maybe appropriated to
improve the trail from the waggon road to Harvey Creek.
And your Petitioners, as in duty bound, will ever pray.
(Signed)        Duncan Cumming,
Eobert Pritchard,
and 47 others.
Mr. Barry to the  Chief Commissioner of Lands and   Works.
Victoria, B. C,
llth August, 1875.
Sir,—On the !8th March, 1873, by Indenture, I was granted a renewal of licence or
charter of Bridge No. 1, at the Forks of Quesnelle, as shewn on the plan drawn on said
Indenture, for four years from the fourth day of March, 1874.
I hereby propose, if satisfactory to the Government, to construct a new bridge in
place of the existing one at an expense of not less than five thousand dollars, if the
Government will be pleased to grant me a further extension of said licence or charter
for said bridge for the term of five years, to be computed from the expiration of my
present charter.
I respectfully request that you will lay my proposition before the Executive, and
let me know at your convenience the result, as if the bridge is to be built I would commence immediately.
I have, etc.,
(Signed)       William P. Barry. 714 Correspondence—Mr. Barry's Bridge Charter. 1876
The Chief Commissioner of Lands and Works to Mr. Barry.
Lands and Works Department,
Victoria, August 23rd, 1875.
Sir,—With reference to your letter of the llth instant, relative to your proposal to
construct a new bridge at the Forks of Quesnelle, on the condition that the Government
will grant you an extension of your bridge charter, I have the honour to inform you
that your proposal and ajjplication has been placed before the Executive Council, and
that they are of opinion that before entertaining or granting you your proposed renewal,
it will be necessary to fully enquire into the subject, and that Mr. J. Saul will be instructed to report upon the condition of the present structure which you desire to
replace by a new bridge.
I have, etc.,
(Signed) Eobert Beaven.
Mr. John Saul io the Surveyor-General.
150 Mile House,
October 2nd, 1875.
Sir,—I have tho honour to inform you that agreeable to your instructions in yours
of September llth, ult., I proceeded to the Forks of Quesnelle and made an inspection of
the bridge over the South Branch, known as Barry's Bridge. Enclosed please find a
rough draught of said bridge, with general remarks thereon. The length of the Bridge,
size of the timbers in the various parts of the structure, the condition of the timbers,
style of workmanship and the site, also the piers which I consider to have been very
badly constructed and, had not the foundation been an excellent one, in my opinion the
piers would have been washed away long since. They were first put in triangular,
one angle pointing up stream; the stern was so broad and caused such an eddy as would
have undermined the stern in a short time ; they then built another smaller sized triangle against the stern of the first, making it diamond shape, but still too wide at the
stern for the length of the piers, still causing, in very high water, a strong eddy which
this season has undermined the piers, and leaving them so as they would not be likely
to stand another freshet. I believe the enclosed contains all the information required of
me in the matter.
I have, &c,
(Signed) John Saul.
Mr. W. P. Barry to the Chief Commissioner of Lands and Works.
Victoria, B. O,
March 21st, 1876.
Sir,—I have the honour to inform you that in a letter dated llth August, 1875,
addressed to the late Chief Commissioner of Lands and Works, I applied for an extension of the terms of my present charter of the Bridge across the South Fork of the
Quesnelle Eiver, for a period of five years from the termination of that charter, viz.,
from the 24th of March, ] 878, to the 24th March, 1883, in consideration of which extension I proposed to construct a new bridge, expensive repairs being necessary on the old
one to insure it from the risk of being carried away by the summer freshets and heavy
drift timbers usually running in the river at that season of the year.
This work I had it in contemplation to have performed during the past winter,
had my application been then granted, and, in anticipation of such a result, I had made
favourable arrangements therefor.
I was informed, in reply to such application, that before my proposal could be entertained or granted it would be necessary to await the report of Mr. John Saul, who
had been instructed to examine and report upon the present structure.
I have since received no further official communication upon the subject up to the
present date, although I understand Mr. Saul's repiort thereon was transmitted to the
Lands and Works Department in the beginning of October last. 39 Vie. Correspondence—Mr. Barry's Bridge Charter. 715
I beg to state that I have been considerably inconvenienced, and subjected to
much unnecessary expense through this omission, as, owing to having been promised a
decision of the matter at as early a date as possible, I was induced to retain men under
wages pending the issue, in view of tho difficulties attending the obtainment of such
skilled labour as I should require, during the winter season, which is the only time it is
practicable to build a bridge in that locality, and was finally obliged to discharge my
men and make a personal visit to Victoria to ascertain what steps the Government con
templated taking in regard to this matter.
In consideration of the above-mentioned delay, whereby I have been prevented
from carrying my project, into execution before the ensuing winter, 1 now beg leave to
substitute a fresh application in lieu of that before referred to, and only slightly differing
therefrom in regard to the term of the extension of the charter.
My present application is that you will be good enough to take into consideration
the advisability of granting me an extension of the term of my charter for a period of
seven years from the date of expiration of the present existing one, with an exclusive
privilege during that time, from the Mouth of Quesnelle Lake to the point at which the
North Fork joins the South, about five hundred yards below the present site, making
an entire distance of some eight or nine miles altogether.
In consideration whereof I agree to erect an entirely new bridge on or adjacent to
the present site, of the same dimensions but ofa much stronger and more durable construction, and in a good and workmanlike manner, the same to be completed before the
1st day of May, 1877.
Having had the advantage of many years' experience as to the character of the
river at all stages of water, and all the difficulties attending the maintenance of such a
structure in that locality, I have confidence in stating that I possess the requisite knowledge for erecting such a bridge as is best adapted to the stream, and I will thank you
to lay this, my application, before the Honourable Executive Council at your earliest
convenience.
I would further beg respectfully to direct your attention to a letter from H. M.
Ball, Esq., Stipendiary Magistrate at Cariboo, dated March 12th, 1873, written with
reference to a previous extension of charter applied for by me, wherein he states his
opinion as to the necessity which exists for constant attention on the part of some interested party, "in order to prevent the bridge from being carried away by drift timber
during the Summer freshets."
I may also add in corroboration of his remarks occurring further on in the same
letter, that the cost of maintaining the present bridge during the freshet last Summer
actually exceeded the entire year's receipts therefrom.
1 have, etc.,
(Signed) W. P. Barr*.
The Chief ^Commissioner of iMnds and Works to Mr. W. P. Barry.
Lands and Works, Victoria,
27th March. 1876.
Sir,—In reply to your letter of the 21st inst., offering to construct a new bridge
across the South Fork of Quesnelle Eiver, on or adjacent to the site of tho present
bridge, but a stronger and more durable structure, and in a good, substantial and workmanlike manner, the same to be completed on or before the 1st May, 1877, provided
an extension of your charter be granted for a period of seven years from the expiration
of the present charter, viz., 24th March. 1878, with an exclusive right during that period of levying tolls at the same rate as heretofore, from the Mouth of Quesnelle Lake
to a point at which the North Fork joins the South about 500 yards below the present
site, including an entire distance of some 8 or 9 miles, I have the honour to inform
you that such application will be granted, providing the plans and specifications of the
bridge to be so constructed are forwarded to this Department for approval.
I have, &C-,
(Signed) Forbes Geo. Vernon, 716 Correspondence—Mr. Barry's Bridge Charter 187&
The Surveyor-General to Mr. W. P. Barry.
Lands and Works .Department, Victoria,
April 3rd, 1876.
Sir,—I beg to acknowledge the receipt of the plans and specifications for a bridge
you intend erecting at the Forks of Quesnelle at the site of an existing bridge, known
as Bridge No. 1, and in accordance with an agreement entered into by the Honourable
the Chief Commissioner of Lands and Works and yourself of even date, I have the
honour to approve of the said plans and specifications above referred to. I enclose
herewith the said agreement.
I have, &c,
(Signed) A. S Far well.
CHAETEES.
This Indenture made the twenty-first day of April, A. D. 1868, between the
Honourable Joseph William Trutch, Chief Commissioner of Lands and Works, acting on
behalf of the Government of British Columbia of the one part, and William P. Barry of
the Forks of Quesnelle of the other part.
Whereas under previous toll charters two bridges have been erected, and trails
leading thereto made at his own expense by the said William P. Barry, over the two
branches of the Quesnelle Eiver, each within two and a half miles of the Quesnelle
Forks, and more particularly referred to in the approximate sketch or plan attached to
these presents.
And whereas the said William P. Barry hath applied for a charter conferring the
right for three years to collect tolls on passengers, animals, and goods passing over or
across the bridge at the Forks of Quesnelle, in the annexed plan marked " Bridge No. 1,"
which the Government hath consented to grant upon the conditions and in manner
hereinafter appearing.
Now this Indenture Witnessetii that in pursuance of such agreement,  and in
consideration of the rent and covenants and conditions hereinafter contained, and on the
part of the said William P. Barry, his executors, administrators, and assigns, to be paid,
observed, and performed, the said Joseph William Trutch so acting as aforesaid, and so
far as the Crown hath power to confer the same, but not further or otherwise, doth
hereby grant unto the said William P. Barry, his executors, administrators, and assigns,
full jiower, liberty, license, and authority to ask, assess, levy,  and collect from all
persons whomsoever by way of toll, the sums following, that is to say :—
For everypound avoirdupois of goods, wares, or merchandize,
other than those herein excepted or provided for, which
shall respectively be carried over or across the said bridge
"No. 1," the sum of  J of 1 cent f lb.
And for every passenger, other than those hereinafter excepted, so as aforesaid crossing or carried, the sum of   25 cts. °$ head.
And for every pig, sheep, calf, or goat, other than those hereinafter excepted, so taken, crossing, or carried, the sum of 12J cts. f) head."
And for every horse, ass, mule, ox, or cow, other than those
hereinafter excepted or provided for, so taken, crossing,
or carried as aforesaid, the sum of  50 cts. ^ head.
And for every loaded horse, ass, or mule, other than those
herein excepted or provided for, ^so taken, crossing, or
carried (including such load) the sum of   $1 ~$ head.
To have, hold, and enjoy the tolls, rights, and privileges hereby granted, for the
space of three years from the twenty-fifth day of March, A. D. 1868. Subject, nevertheless, to all and singular the rents, covenants, conditions, and stipulations of these
presents.
Provided, nevertheless, that such tolls shall not be demanded upon or from passengers, goods, chattels, vehicles, or animals for the time being belonging to or employed
in the service of the Government.
Provided that the tolls, privileges, and remedies on the part of the Government, and
under or by virtue of these presents accorded, are conferred upon this express condition, 39 Vic. Correspondence—Mr. Barry's Bridge Charter. 717
that on any failure of the said William P. Barry, his executors, administrators, or
assigns, during the said term of three years from the date hereof (except while prevented by inevitable accident or repairs) well and substantially to maintain and keep in
repair the said No. 1 and No. 2 Bridges and their approaches, and the the trail between
the said Bridges marked Nos. 1 and 2 respectively on the annexed sketch, over the
South and North branches of Quesnelle Eiver, and for a distance of one mile each way
beyond each of the said bridges, in perfect order and thorough repair, to the satisfaction
of the said Chief Commiscioner of Lands and Works and Surveyor General, or his agent,
or other officer for the time being appointed in that behalf by the said Government, and
in compliance with any requisition of the Chief Commissioner of Lands and Works, or
other person from time to time in that behalf, or on failure of the said William P. Barry,
his executors, administrators, or assigns, to pay and perform all or any, or any part of
any, of the several rents, payments, covenants, or provisions respectively in these
presents prescribed, then upon notice to that effect, and any default of the said William
P. Barry, his executors, administrators, or assigns, thirty days thereafter, to comply
with the requirements of such notice, of which default such Chief Commissioner of
Lands and Works, or other officer as aforesaid, shall be sole judge, any rule of law or
equity to the contrary notwithstanding ; then in any such case all and singular, such
tolls, privileges, and powers so acquired as aforesaid, shall ipso facto be forfeited and
revert to the use of Her Majesty, Her heirs and successors absolutely; and such
moneys shall be deemed and accounted for as part of the Public Eevenue, and the
powers, remedies, and privileges herein contained, may thereupon be exercised byT and
on behalf of Her said .Majesty, Her heirs and successors.
None of the said tolls shall be demandable whenever during the said term the
said bridges and approaches, or the said five and a half miles of trail, or any part
thereof respectively, whether from accident or otherwise, shall, in the opinion of the
said Chief Commissioner of Lands and Works and Surveyor General, or his agent or
other officer 'as aforesaid, expressed in a notice, be in a condition unfit or dangerous for
public traffic.
And the said William P. Barry hereby, for himself, his heirs, executors, administrators, and assigns, covenants with the said Chief Commissioner of Lands and Works
and his successors in office, or other the officer for the time being acting in that capacity,
that he or they shall and will punctually pay an annual rent of one hundred dollars in
equal quarterly payments of twenty-five dollars each, in advance, on each of the usual
quarter days, to the Assistant Commissioner of Lands and Works, at Eichfield; and
will, during the said term of three years, keep the said bridges, and five miles and a
half of trail above mentioned, in perfect repair to the satisfaction and manner aforesaid.
And will not nor shall assign those presents or the tolls or privileges hereby conferred, or any part thereof respectively, without the consent, in writing, of the said
Chief Commissioner of Lands and Works and Surveyor General thereto first had and
obtained.
And that he and they shall and will, at the expiration of the said period of three
years, or other sooner determination of the said term, yield up quiet and peaceable
possession of the rights, tolls, and privileges, and the said two bridges and trails and
all improvements thereto, in a good state of repair.
Every notice required or authorized, or requisition under these presents, shall mean
a notice or requisition writing under the hand of the said Chief Commissioner of Lands
and Works and Surveyor General, or other officer or agent as aforesaid, and affixed to
some conspicuous part of either of the said Bridges No. 1 or No. 2, or approaches; and
every such notice shall be good and sufficient notice, for all purposes whatsoever, of all
matters and. things therein contained, and all persons mentioned or referred to therein.'
In witness whereof the said parties have hereunto set their hands and
affixed their seals the day and yTear first above written.
Signed, sealed, and delivered by the said")
Joseph William  Trutch, in presence I Joseph W. Trutch.
of Henry P. Pellew Crease. )
Signed,, sealed and delivered by the said")
William P.   Barry,  in   presence   of [• William P, Barry,
John Cochrane. ;
Eenewed 24th March, 1871, for three years, 718 Correspondence—Mr. Barry's Bridge Charier 1876
[L. S.] Joseph W. Trutoh.
Canada.
Province of British Columbia.
Victoria, by the Grace of God, of the United Kingdom of (Treat Britain and Lreland,
Queen, Defender of the Faith, $e., £c., £c.
To all to whom these presents shall come—Greeting:
\TTHEBEAS by an Indenture bearing date the 21st day of April, 1868, made between
W Joseph William Trutch, Chief Commissioner of Lands and Works, acting on
behalf of the Government of the one part, and William P. Barry therein described of
the other part, the said Joseph William Trutch so acting as aforesaid, in consideration of
the rents, covenants, and conditions therein reserved and contained, granted unto the
said William P. Barry license and authority to collect certain tolls on passengers,
animals, and goods passing over Bridge No. 1, as shown on the plan drawn on the
Indenture now under recital, for a period of three years from the 25th day of March,
1868.
And whereas the said license or charter was renewed for the term of three years
from the 24th day of March, 1871.
And whereas by the " Toll Charter Act, 1871," the Governor in Council is empowered in Her Majesty's name, under the Public Seal of the Colony, to grant to any person or persons, upon such terms as he may think fit, charters for the collection of tolls
as therein mentioned.
And whereas the Government of British Columbia have agreed to grant a further
renewal of the said license or charter to the said William P. Barry, for the term of four
years from the twenty-fourth day of March, 1874.
And whereas the agreement made between the said Government and the said
William P. Barry is embodied in this our Eoyal Charter.
NOW THEEEFOEE KNOW YE that We of Our especial grace, certain knowledge and mere motion, and in pursuance of the power vested in Us by the Act hereinbefore in part recited, do ordain, grant and declare that the said William P. Barry, his
executors, administrators, and assigns shall have full power, liberty, license and
authority- to ask, assess, levy and collect from all persons whomsoever by way of toll
the sums following, that is to say :—
For every pound avoirdupois of goods, wares, or merchandise, other than those herein excepted or provided for,
which shall respectively be carried over or across the
said Bridge No. 1, the sum of   i of 1 cent f ft.
For every passenger, other than those hereinafter  excepted,
so as aforesaid crossing or carried, the sum of   12J cents ^ head.
And for every pig, sheep, calf or goat, other than those hereinafter excepted, so taken, crossing or carried, the  sum of 12i cents "$ head.
And for every horse, ass, mule, ox or cow, other than those
hereinafter excepted or provided for, so taken,- crossing
or carried as aforesaid, the sum of .'  50 cents f head.
And for every loaded horse, ass or mule, other than those
herein excepted or provided for, so taken crossing or carried (including such load) the sum of   $1 ^ head.
To have, hold and enjoy the tolls, rights and. privileges hereby granted for the
space of four years from the twenty-fourth day of March, One thousand eight hundred and seventy-four, subject nevertheless to all  and  singular   the  rents,  provisoes, 39  Vic. Correspondence—Mr. Barry's Bridge Charier. *19
conditions and stipulations of these presents. Provided, nevertheless, that such tolls
shall not be demanded or payable from, by or upon passengers,, goods, chattels, vehicles
or animals for the time being belonging to or employed in the service of the Government. Provided that the tolls, privileges and remedies on the part of and under or by
virtue of these presents accorded, are conferred upon this express condition, that on
any failure of the said William P. Barry, his executors, administrators or assigns,
during the said term of four years (except while prevented by inevitable accident or
repairs,) well and substantially to maintain and keep in repair the said No. 1 and No. 2
bridges and their approaches, and the trail between the said bridges marked No. 1 and
2 respectively on the plan drawn hereon, over the South and North branches of Quesnelle Eiver, and for a distance of one mile each way beyond each of the said bridges,
in perfect order and repair, to the satisfaction of the Chief Commissioner of Lands^ and
Works, or other officer in that behalf appointed, and in compliance with any requisition
of the Chief Commissioner of Lands and. Works, or other officer as aforesaid, or on
failure of the said William P. Barry, his executors, administrators or assigns to pay
and perform all or any part of the several rents, provisoes, conditions and stipulations
in these presents prescribed; then upon notice to that effect and any default of the
said William P. Barry, his executors, administrators or assigns, thirty days thereafter
to comply with the requirements of such notice, of which default such Chief Commissioner of Lands and Works or other officer as aforesaid shall be sole Judge, any rule of
law or equity to the contrary notwithstanding ; then and in any such case all and singular, such tolls, privileges and powers hereby granted shall ipso facto be forfeited and
revert to the use of Us, Our heirs and successors absolutely, and such moneys shall be
deemed and accounted for as part of the public revenue, and the powers, remedies and
privileges herein contained may thereupon be exercised by and on behalf of Us, Our
heirs and successors.
None of the said tolls shall be demandable whenever, during the said term, the
said bridges and approaches, or the said five and a half miles of trail, or any part
thereof respectively, whether from accident or otherwise, shall, in the opinion of the
said Chief Commissioner of Lands and Works, or other officer as aforesaid, expressed
in a written notice, be in a condition unfit or dangerous for public traffic. Provided
that the said William P. Barry shall pay to Us, Our heirs and successors, an annual
rent of one hundred dollars in equal quarterly payments of twenty-five dollars each in
advance on each of the usual quarter days, such payments to be made to the Assistant
Commissioner of Lands and Works at Eichfield. Provided that the said William P.
Barry shall, during the term of four years, keep the said bridges and five miles and a
half of trail above mentioned in perfect order and repair. Provided that the said
William P. Barry, his executors or administrators shall not assign these presents or
the tolls or privileges hereby conferred, or any part .thereof respectively, without the
consent in writing of the said Chief Commissioner of Lands and Works thereto first
had and obtained. Provided that the said William P. Barry, his executors, administrators or assigns shall, at the expiration of four years, or other sooner determination
of the said term, yield up quiet and peaceable possession of the rights, tolls and privileges, and the said two bridges, and the trails and all improvements thereto, in a good
state of repair. Every notice required or authorized, or requisition under these presents, shall mean a notice or requisition in writing under the hand of the said Chief
Commissioner of Lands and Works, or other officer as aforesaid, and affixed to some
conspicuous part of either of the said bridges Nos. 1 and 2, or approaches, and every
such notice shall be good and sufficient notice for all purposes whatsoever of all matters
and things therein contained and all persons mentioned or referred to therein.
In Testimony Whereof, We have caused these Our Letters to be made Patent,
and the Public Seal of the said Province to be hereunto affixed: Witness,
the Honourable Joseph William Trutch, Lieutenant-Governor of Our
said Province of British Columbia, in Our City of Victoria, in Our said
Province, this eighteenth day of March, in the year of Our Lord one thousand eight hundred and seventy-three, and in the thirty-sixth year of Our
reign.
By Command,
(Signed) John Ash,
, Provincial Secretary. 720
Correspondence—Mr. Barry's Bridge Charier.
1876
Articles of Agreement made and entered into this third day of April, A.D. 1876,
between Forbes George Vernon, Chief Commissioner of Lands and Works, acting for
and on behalf of the Government of British Columbia, of the one part, and William P.
Barry, of the Forks of Quesnelle, of the other part.
Whereas by Indenture bearing date tho 18th day of March, 1873, between Eobert
Beaven, Chief Commissioner of Lands and Works, acting on behalf of the Government
of British Columbia, of the one part, and the said William P. Barry of the other part,
the said Eobert Beaven, so acting as aforesaid, for the consideration therein contained,
granted unto the said William P. Barry, his executors, administrators and assigns, full
power, liberty7, license and authority to assess, levy and collect, by way of toll, on all
persons, animals and goods passing over the bridge No. 1, as shown on the plan drawn
on the said Indenture, the several sums mentioned therein. To hold the same for the
space of four (4) years from the 24th day of March, 1874. And whereas the said
William P. Barry has ap>plied to the Government of British Columbia to grant him a
fresh charter on the completion of a new bridge by him, as hereinafter mentioned, and
in consideration of such privilege has agreed to construct a good and substantial bridge
in the place and on the site of the said bridge No. 1, and the said Government has
agreed to grant such charter on the conditions hereinafter mentioned.
Now this Indenture Witnesseth that the said Forbes George Vernon, so acting as
aforesaid, and for his successors in the said office, and the said William P. Bany for
himself, his executors, administrators and assigns, hereby agree with each other that
the said William P. Barry shall and will, on or before the first day of May, 1877, at his
own proper costs and charges, provide and furnish all materials for, and will construct
and build in a good, substantial and workmanlike manner, at his own expense, a new
bridge in the place and on the site of the bridge No. 1, as shewn on the plan drawn on
these presents ; such bridge to be built according to the plans and specifications to be
approved in writing by the Chief Commissioner of Lands and Works, and when completed to be approved in like manner. That the said William P, Barry will, during the
continuance of the said new charter, pay, observe and perform all the rents, covenants,
provisoes and agreements now to be paid, observed and performed by him under the
said Indenture of the 18th day of March, 1873. That the said Forbes George Vernon,
acting as aforesaid, will cause to be granted unto the said William P. Barry, on the
completion and approval of the said bridge within the time aforesaid, a charter, with
full power, liberty, license and authority for the said William P. Barry to ask, assess,
levy and collect from all persons, by way of toll, the several sums mentioned in the
said Indenture of the 18th day of March, 1873, but subject to the several exceptions
therein mentioned. That said right shall extend from a point at the mouth of Quesnelle Lake and extend to the Forks of Quesnelle, the same being a distance of about
nine miles. That the said charter shall continue in force until the first day of March,
1885. That the charter aforesaid shall contain all the reservations, exceptions, provisoes, covenants and agreements as contained in the said Indenture of the 18th day of
March, 1873. That on the granting of the said charter, the last named Indenture, and
all the privileges thereby conferred, shall determine, cease, and be of none effect.
In Witness Whereof the parties hereto have hereunto set their hands and seals,
the day and year first above written.
Signed, sealed,  and delivered in
the presence of A. S. Farwell.
Forbes George Vernon,
Chief Commissioner of Lands and Works.
W. P. Barry.

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