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RETURN To an Address of the Legislative Assembly for copies of all Orders in Council, correspondence,… British Columbia. Legislative Assembly. 1886

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Full Text

 RETURN
To an Address of the Legislative Assembly for copies of all Orders in Council, correspondence, telegrams, agreements and communications between the Government of
British Columbia, or any of its members, and the Canadian Pacific Railway
Company, or any one on their behalf, respecting the proposed extension of the
railway from Port Moody to Coal Harbour and English Bay, together with a
copy of any grant of land made to the above Company, or to trustees in their
behalf, together with a copy of the bond for the completion of the said work.
By Command.
WM. SMITHE,
Chief Commissioner of Lands and Works.
Lands and Works Department.
9th March, 1886.
Mr. Van Home to the Chief Commissioner of Lands and Works.
The Canadian Pacific Railway Company,
Office of the Vice-President,
Montreal, 10th December, 1884.
Dear Sir,—This letter will serve as an introduction for Mr. Henry Beatty, the manager
of our steamship lines and lake traffic, who goes out to British Columbia in the special capacity
of general and confidential agent of the Company in matters relating to our Pacific terminus.
Any agreement that Mr. Beatty may make, relating thereto, will be ratified by the Company.
Yours truly,
(Signed)        W. C. Van Horne,
Vice-President.
The Chief Commissioner of Lands and Works to Mr. Beatty.
Lands and Works Department,
Victoria, B. C, January 31st, 1885.
Sir,- -Referring to our conversation upon the subject of persons who had located upon
lots in the townsite of Granville previous to the date of Mr. Van Home's visit to that place, I
have now the honour to request that you will, on behalf of the Canadian Pacific Railway
Company, authorize me to inform all such persons as shall be found to have located in a bona
fide manner previous to that date upon lots there, and who have made substantial improvements thereon, that the Company will sell to each such locatee his respective lot at ($200) two
hundred dollars.    So far as I have information, the number will not exceed a dozen.
I have, &c,
(Signed)        Wm. Smithe,
Chief Commissioner of Lands and Works.
Mr. Beatty to the Chief Commissioner of Lands and Works.
Victoria, B. O, 31st January, 1885.
Dear Sir,—I have the honour to acknowledge the receipt of your letter of this date,
regarding bona fide occupants who made substantial improvements on lots in the town plot of
Granville previous to Mr. Van Home's visit.    In the conversation I  had the pleasure of 458 Correspondence—C. P. R. Extension to Coal Harbour. 1886
holding with you on this subject, it was understood that $250 would be considered, under the
circumstances, a fair price to fix on these lots ; but if since the date of our conversation you
have considered the question more fully and think that figure excessive, I am willing, on
behalf of the Company, to accede to your wishes and have the price fixed at $200.
I would point out, however, that it may be necessary to alter the plan, and any arrangement made with these people should be on the understanding that, in the event of this
happening, there would be no opposition raised on their part, provided the Company granted
them lots as well situated as those they now occupy.
I have, &e.,
(Signed)        Henry Beatty.
On behalf of the Canadian Pacific Railway Company, I agree to the within arrangement.
(Signed)        W. C. Van Horne,
Victoria, 10th November, 1885. Vice-President.
[Telegrams.]
Victoria, B. C, February 13th, 1885.
To W. C.  Van Home,
Manager C. P. R. Co., Montreal.
Before proceeding further, Government will require absolutely that clause be added to
agreement to provide for non-employment of Chinese on work of extension railway west of
Port Moody.
(Signed)        Wm. Smithe.
Montreal, February 15th, 1885.
To Hon. Wm. Smithe.
Directors would be glad to relieve Government of any difficulty in matter, but cannot
safely agree to stipulation not to employ Chinese labour on construction of the extension of
the line from Port Moody to English Bay without extension of time for at least one season, as
we can't get men in from the coast until railway is connected through. Our information as to
supply of white labour on the Pacific Coast is such that we would not be justified in depending
upon it for the completion of the work in the stipulated time.
(Signed)       W. C. Van Horne.
Victoria, February 17th, 1885.
To W. C. Van Horne, Montreal.
I think could carry extension time for completion from early summer eighty-six to end
December same year, on condition Chinese clause, but not longer. Immediate answer.
Measure coming up to-morrow.
(Signed)        Wm. Smithe.
Ottawa, Ont., February 18th, 1885.
To Hon. Wm. Smithe.
Our President agrees with me that it would be extremely unwise and unsafe to agree to
proposed stipulation without extension of time at least one year.
(Signed)        W. C. Van Horne.
Montreal, Can., February 20th, 1885.
To Hon. Wm: Smithe, Victoria.
From information received, think we can safely consent to stipulation if time extended to
end season eighty-six.
(Signed)        W. C. Van Horne. 49 Vic.        Correspondence—C P. R. Extension to Coal Harbour. 459
The Chief Commissioner of Lands and Works to Messrs. Drake, Jackson & Helmcken.
Lands and Works Office,
Victoria, B. O, February 23rd, 1885.
Gentlemen, — I have the honour to enclose a letter to the Manager of the Canadian Pacific
Railway Company covering agreeiient for extension of the Canadian Pacific Railway to, and
the establishment of the terminus of said railway at, Coal Harbour and English Bay. I have
also the honour to enclose copy of letter to the Manager of the Hastings Saw-Mill Company
relative to the granting of a fresh lease to a portion of the land now leased to the Company.
You will be good enough to forward the papers in question to the Manager of the Canadian
Pacific Railway Company with as little delay as possible.
I have, etc.
(Signed)        Wm.  Smithe,
Chief Commissioner of Lands and Works.
The Chief Commissioner of Lands and  Works to the Manager of the Hastings
Saw-Mill Company.
Lands and Works Department,
Victoria, B. C, February 23rd, 1885.
Sir,—In reference to the request of your company for a renewal of their lease, I have the
honour to state that upon your complying with the provisions of the Land Act the Government
will grant a lease for timber cutting purposes of so much of the leased ground as is included
within the tract colored pink on the plan attached, to commence from the expiration of the old
lease, for a term of five years, at a rental of ten cents per acre, upon condition of the Company
at once surrendering to the Crown a strip of land commencing at a point one chain south of
the south-westerly corner of Lot 302, Group 1; thence due west to the eastern boundary line
of the Government Reserve at Point Grey; thence due north to the water; thence easterly along
the shore line to the north-westerly corner of Lot 302; thence southerly along the westerly line
of the said lot to the south-west corner thereof ; and thence south to the point of commencement;
and upon the further condition of the Company agreeiirg to surrender to the Crown, or its
assigns, at the expiration of the first two years of the fresh lease, an additional strip of land a
half mile in depth, lying immediately to the south and along the southern boundary of the strip
of land in this letter first mentioned to be surrendered.
I have, etc.,
(Signed)        Wm. Smithe,
Chief Commissioner of Lands and   Works.
Copy of a Report ofi a Committee ofi the Honourable the Executive Council, approved by His
Honour the Lieutenant-Governor the 23rd February, 1885.
On a memorandum from the Hon. the Chief Commissioner of Lands and Works, dated
23rd February, 1885, enclosing a draft agreement (with a map annexed thereto) relative to the
western terminus of the Canadian Pacific Railway, and recommending that he be authorized
to execute, on behalf of Her Majesty, the said agreement.
The Committee advise approval.
Certified,
(Signed)        Jno. Robson,
Clerk Executive Council. 460 Correspondence.—C. P. R. Extension to Coal Harbour. 1886
The Chief Commissioner of Lands and Works to Mr. Van Home.
Lands and Works Office,
Victoria, B. C, Feb. 23rd, 1885.
Sir,—I have the honour to enclose herewith agreement for the extension of the Canadian
Pacific Railway to, and the establishment of the terminus of the said Railway at, Coal Harbour
and English Bay.
Be good enough to return it duly executed at your earliest covenience.
I have, &c,
(Signed)        Wm. Smithe,
Chief Commissioner of Lands and Works.
Agreement between the Government of British Columbia and the Canadian Pacific
Railway Company.
This Agreement made the 23rd day of February, A. D. 1885, between Her Majesty
Queen Victoria, represented by the Honourable the Chief Commissioner of Lands and Works
of the Province of British Columbia, of the one part, and the Canadian Pacific Railway Company, hereinafter referred to as the said Company, of the other part.
Whereas the Government of the Dominion of Canada have declared and adopted Port
Moody as the Western Terminus of the Canadian Pacific Railway ;
And whereas it is in the interest of the Province of British Columbia and of the Company
that the main line should be extended westerly from Port Moody to English Bay and Coal
Harbour, and that the terminus of the said railway should be at Coal Harbour and English
Bay, and that terminal workshops and docks should be erected there;
And whereas negotiations relating to such extension have for some time been pending
between the said Chief Commissioner and the said Company, which have resulted in the agreement hereinafter contained.
Now this agreement witnessetii that, for the considerations hereinafter expressed, the said
Company hereby covenant and agree with Her Majesty, Her heirs and successors, in manner
following, that is to say :—
1. The said Company shall extend the main line of the Canadian Pacific Railway to Coal
Harbour and English Bay, and shall for ever hereafter maintain and equip such extension as
part of the main line of the Canadian Pacific Railway and operate it accordingly.
2. Such extension shall be fully and completely made on or before the 31st day of
December, 18S6. -
3. The terminus of the Canadian Pacific Railway shall be established in the immediate
vicinity of Coal Harbour and English Bay, and upon land which is to be granted in pursuance
of this agreement.
4. The Company shall erect and maintain the terminal workshops and the other terminal
structures, works, docks, and equipments as are proper and suitable for the western terminus
of the Canadian Pacific Railway in the immediate vicinity of Coal Harbour and English Bay,
and such workshops, structures, works, docks and equipments shall be commenced' forthwith
and prosecuted to completion with reasonable diligence, and so as to provide facilities for the
opening of traffic on the through line by the 31st clay of December, 1886.
5. The survey of the line of extension shall be undertaken at once and prosecuted by the
Company without delay, and the Company shall also proceed forthwith to survey the land
hereby agreed to be granted, and complete the survey with dispatch, and furnish the Chief
Commissioner with a plan of the survey and the field-notes, and such survey shall be made by a
surveyor approved of by the Chief Commissioner.
6. In consideration of the premises, Her Majesty agrees to grant to such persons as the
Company may appoint, in trust for the Company, the lands in the District of New Westminster
delineated on the map or plan hereunto annexed by the colour pink, and containing by estimation six thousand acres, save and except as is hereinafter mentioned.
7. There shall be excepted out of such grant two and one-half acres of the land at Granville, and two and one-half acres of the land on the south side, of False Creek, both plots to be 49 Vic       Correspondence—C. P. R Extension to Coal Harbour. 461
selected by the Chief Commissioner at any time not later than two months after the survey
aforsaid shall have been completed, and the map or plan and the field-notes delivered to the
Chief Commissioner.
8. The grant shall, as to the land on the south side of False Creek, be subject for its
unexpired term to a lease dated the 30th day of November, A. D. 1865, and entered into
between the Honourable Joseph William Trutch, acting on behalf of Her Majesty's Government
and the British Columbia and Vancouver Island Spar, Lumber and Saw-Mill Company,
Limited, and also to an agreement intended to be entered into by the said Chief Commissioner
for the partial renewal of such lease, the terms of which are embodied in a letter written by
the said Chief Commissioner to Richard Alexander, Manager of the Hastings Saw-Mill Company, and dated the 23rd day of February, 1885.
9. The grant shall also be subject to such rights, if any, as may legally exist in favour
of third parties.
10. The grant shall be made upon the Company entering into a bond to Her Majesty,
with three sureties to be approved of by the Chief Commissioner of Lands and Works, in the
sum of two hundred and fifty thousand dollars at least, conditioned for the due performance by
the Company of all and singular the terms and conditions herein contained, and by the Company agreed to be observed and performed.
11. And it is agreed that as to the mode of operating the said extended line, and as to
tolls, fares and freights, the extension shall be considered as an original portion of the Canadian
Pacific Railway.
12. No Chinese shall be employed in the construction of the extension of the main line
from Port Moody to English Bay.
13. And it is lastly agreed that upon the Corporation of the City of New Westminster
satisfactorily securing, on or before the 1st day of May, 1886, payment to the Company of
$37,500, and providing a right of way and depot grounds, the Government will, on or before
such date, undertake to pay to the Company the further sum of $37,500, and thereupon the
Company shall proceed to construct a branch line of railway connecting the City of New
Westminster with the Canadian Pacific Railway, and complete the same on or before the
31st day of December, 1886, and shall thereafter operate and maintain the same.
14. This agreement may be provisionally executed by Henry Beatty on behalf of the
Company, and shall, within sixty days from the date hereof, be properly executed by the Company, otherwise it shall not be binding upon Her Majesty, and upon its execution by the
Company it shall be transmitted to the said Chief Commissioner.
In witness whereof the parties hereto have hereunto set their hands and seals on the day
and year first above written.
Signed and sealed by the  within named )
Wm. Smithe, in the presence of > (Signed)        Wm. Smithe.    [l.s.]
Paulus ^Emelius Irving.     )
The Canadian Pacific Railway Co.,
(Signed) per Geo. Stephen, President.
(Signed)        C. Drinkwater,
Secretary.
[Telegrams.]
Ottawa, Ont., March 13th, 1885.
To Hon.   Wm. Smithe,   Victoria.
Does ninth clause proposed contract refer to anything beyond lots in townsite Granville.
We cannot afford take any risks squatter claims.
(Signed)        W. C. Van Horne.
Victoria, March 14th, 1885.
To W. C. Van Horne, Montreal,
Squatters' claims having been otherwise disposed of, there are now no known claims against
the land.
(Signed)        Wm. Smithe. 4 62 Correspondence—C. P. R. Extension to Coal Harbour. 1886
Victoria, March 13th, 1885.
To   W. C.  Van Horne, Montreal.
What delays ratification agreement1!    What means withdrawal of engineers from extension?
(Signed)        Wm. Smithe.
Montreal, Quebec, March 14th, 1885.
To Hon.   Wm. Smithe, Victoria.
Was absent North-west when Beatty returned; yesterday first opportunity discuss contract.
Awaiting answer about clause nine. Will you consent exchange of property south end track
conveyed to Company for strip south of Naval Reserve. Latter seems to be only available
level ground sufficient area for terminal sidings and train-yard
(Signed)        W. C. Van Horne.
Montreal, Quebec, March 14th, 1885.
To Hon.  Wm. Smithe,  Victoria.
Engineers under Rodgers withdrawn because they had finished their work, which was
simply location of line. Remaining engineering work will be completed by other engineers
after Dago's plans are received and location of structures decided upon.
(Signed)        W. C. Van Horne.
Montreal, Canada, March 16th, 1885.
To Hon.   Wm. Smithe,  Victoria.
If squatters' claims have been disposed of, presume you will have no objection modifying
clause nine so as to refer only to lots old town plot Granville.
(Signed)        W. C. Van Horne.
Victoria, March 23rd, 1885.
To  W. C. Van Horne, Montreal.
Agreement was submitted to Legislature, and clause nine can not now be modified. Beatty
was party to it, and knows that there are no legal claims against the land. If there had they
would have been preferred when question was before House.
(Signed)        Wm. Smithe.
Montreal, March 16th, 1885.
To Hon.   Wm. Smithe,  Victoria.
There are two corners that may be considered south-west corner, lot three hundred and
two, mentioned your letter twenty-third February to Hasting Mill Company. Which corner
is meant?
(Signed)        W. C. Van Horne.
Victoria, March 23rd, 1885.
To W. C.  Van Horne, Montreal.
The plan accompanying agreement indicates  which  corner lot three hundred and two is
meant.    The most southerly.
(Signed)        Wm. Smithe.
The Chief Commissioner of Lands and Works to Mr. Drake, Q. C.
Lands and Works Department,
Victoria, B. C, April 14th, 1885.
Sir,—Referring to the telegram of the 13th instant from Mr. Van Horne to yourself, in
which he states,—
" Company unwilling undertake ejectment squatters. The time for execution contract
" will expire before end next week, it is important to know soon as possible whether or not
" Government can protect Company against adverse claims, except in case of town plot, Granville. 49 Vic       Correspondence—C. P. R. Extension to Coal Harbour. 463
" Board will let whole  matter drop   rather  than  ratify   contract   with   clause  nine  unless
" guaranteed protection."
I have the honour to state that it is impossible to eliminate clause 9 from the agreement,
in view of its having been adopted by the Legislative Assembly. I may, however, say that
the clause does not and was never intended to bear the construction which the Company think
might be placed upon it. It was never intended to cover or protect the claims of squatters,
but only those claims which have by law foundation in Crown grants or pre-emptions under the
Land Act; and of such there are none.
The advocates in the House of squatters' claims complained that no provision was made for
them in the agreement, stating if those claims were legal there would be no occasion to discuss
them in the House, as they could be brought forward in a Court of law, and would be protected by
the language of the agreement. It was also stated that Petition of Right would be granted to
squatters; but the answer was, that none would be asked for, because squatters' claims could
not be supported in Court.
The Government cannot prevent persons litigating claims, and, therefore, cannot guarantee
the Company against litigation, but the Government is willing to indemnify the Company in
respect of such adverse claims to land proposed to be conveyed as may be brought by any
individual whomsoever against the Company and substantiated by the Courts. In the event
of such litigation the Government is to have the conduct of the defence.
I have, &c,
(Signed)        Wm. Smithe,
Chief Commissioner of Lands and Works.
To Hon. W. Smithe,   Victoria.
[Telegram.]
Montreal, April 15th, 1885.
Has Mr. Drake communicated with you about difficulties in way execution agreement
concerning English Bay extension.
(Signed)        W. C. Van Horne.
[Telegram.]
Victoria, April 16th, 1885.
To W. C. Van Horne, Montreal,
, and Government have agreec
(Signed)        Wm. Smithe.
Mr. Drake did communicate, and Government have agreed to indemnify Company against
claims.
Mr. Drake, Q. C, to the Chief Commissioner of Lands and Works.
Victoria, B. C, April 16th, 1885.
Sir,-—I beg to acknowledge receipt of your letter of 14th April, which I forwarded to
Mr. Van Horne. I notice that the indemnity you propose refers to actions or claims brought
by individuals against the Company in respect of these lands, but it does not propose to protect
the Company from claimants who may have to be ejected from possession; it is this latter class
which the Company will have to deal with. There is little fear of any actions being brought
against the Company, but they will have to obtain possession, and probably the best course for
the Company to adopt will be to remove the improvements by force and leave the parties to
their remedy. I shall be glad to know if your views of the offered indemnity will cover the
question of ejectment of squatters.
I have, &c,
(Signed)        M. W. Tyrwhitt Drake. 404 Correspondence—C. P. R. Extension to Coal Harbour. 1886
The Chief Commissioner of Lands and Works to Mr. Drake.
Lands and Works Department,
Victoria, B. O, April 18th, 1885.
Sir,—I have the honour to acknowledge your letter of the 16th instant, upon the subject
of the indemnification of the Canadian Pacific Railway Company against claimants to land at
Burrard Inlet and English Bay. In reply I beg to say that the suggestion you make about
the forcible removal of improvements by the Company appears to be a good course to adopt if
the squatters do not accept the Government offer of compensation which I have already instructed the Agent at New^ Westminster to make them.
I have, <fcc,
(Signed)        Wm. Smithe.
[Telegram.]
Ottawa, 20th April, 1885.
Hon.  Wm. Smithe,  Victoria.
Contract ratified by Board and executed on part of Company, with understanding that
Government will indemnify Company against claims in accordance your telegram 16th April,
by supplementary agreement.    Papers will be mailed to-morrow to Mr. Drake.
(Signed)        W. C. Van Horne.
Mr. Drake to the Chief Commissioner of Lands and Works.
Victoria, B.C., 21st April, 1885.
Sir,—I have received telegram that agreements with C. P. R. have been executed on the
understanding that the Provincial Government will, by supplementary agreement, indemnify
the Company against claims.     Shall I prepare agreement, or will you have it done 1
Yours faithfully,
(Signed)        M. W. Tyrwhitt Drake.
Messrs. Drake, Jackson, <& Helmcken to the Chief Commissioner of Lands and Works.
Victoria, B.C., 5th May, 1885.
Sir,—We have the honour to inform you that the agreement, dated 23rd February last,
between Her Majesty (represented by yourself) and the Canadian Pacific Railway Company,
has been executed by the Company.
Before handing the agreement to you, we desire to be informed that the arrangements
with the Hastings Saw-mill Company, referred to in your letter of the 23rd February last to
the Manager of that Company, have been completed ; that the new lease referred to in that
letter has been granted; also of the date of the lease ; and that you are prepared to carry into
effect the supplemental agreement by entering into a deed of indemnity to the Railway Company against all claims referred to in clause 9 of the agreement and the correspondence thereon,
and formally agreeing, as arranged with Mr. Beatty, to convey to the Railway Company the
strips of land lying to the south of the Naval Reserve, in exchange for the tract of land at the
south of the block already agreed to be ceded to the Company.
We have, <fec,
(Signed)        Drake, Jackson, & Helmcken.
Messrs. Drake, Jackson & Helmcken to the Chief Commissioner of Lands and Works.
Victoria, B. C, 2nd June, 1885.
Sir,—We wrote you 5th May with reference to the terms required by the C. P. R. To
that letter we are without a reply, and in our various interviews with you we have been
unable to arrive at any definite conclusion.    Mr. Van Horne finds this delay very embarrassing 49 Vic       Correspondence—C. P. R. Extension to Coal Harbour. 465
and prevents the company from proceeding with their terminal works, as until these matters
are arranged it is impossible to commence work. We have prepared an agreement which
embodies the views of the Railway Company, and must urge upon you the pressing necessity
of coming to some settlement in the matter.
We are, <fec,
(Signed)        Drake, Jackson & Helmcken.
The Chief Commissioner of Lands and Works to Messrs. Drake, Jackson & Helmcken.
Lands and Works Office,
Victoria, B. ti., June 4th, 1885.
Gentlemen,—I have the honour to acknowledge your letter dated 2nd June and received
at this office to-day, in which you complain that your letter of the 5th ultimo, "with reference
to the terms required by the Canadian Pacific Railway," has not been replied to, and that at
various interviews had since that date no definite conclusion has been reached. I beg to say
that I have been in daily expectation of the arrangement with the Saw-Mill Company, referred
to in your letter, being completed, and have deferred answering your letter in writing until I
could do so in definite terms. This I have explained to your Mr. Jackson at several interviews which I have had with him upoii the subject. The surrender of the mile strip along the
water front of English Bay and False Creek by the lessee of the timber claim has not yet been
effected, although the terms upon which it is to be done have been agreed upon. The formal
agreement to convey to the Railway Company the strip of land lying to the south of what you
term the Naval Reserve, in exchange for the tract of land at the south of the block already
agreed to be ceded to the Company, which you allege to have been arranged with Mr. Beatty,
is a new proposition, having nothing to do with the agreement which has been executed
between the Canadian Pacific Railway Company and the Provincial Government.
When Mr. Beatty was here he asked that an exchange should be made of the lands in
question, acre for acre, and was told that the request was preposterous and could not be entertained. Upon, however, the representation by him that a portion of the level land to the
south of English Bay would probably be absolutely necessary to the Company for " shunting
purposes," he was told that there could be no objection to the Company getting such land
there as might be necessary for the purposes indicated, in exchange for other lands already
agreed to be conveyed to them, value for value. Mr. Beatty was distinctly told, and agreed
to it, that such exchange must stand on its own merits, and not be made part of the agreement. The Provincial Government is prepared to carry out its part of the agreement in good
faith, and it is expected that the Canadian Pacific Railway will do likewise.
I have, (fee,
(Signed)        Wm. Smithe.
[Telegrams.]
To Hon.   W. Smithe,  Victoria.
Montreal, Can., June 5th, 1885.
Has anything occurred to prevent exchange agreements covering English Bay extension
and lands as understood 1 Counsel, Victoria, wire nothing done yet. We are at standstill with
our plans in consequence.
(Signed)        W. C. Van Horne.
Victoria, June 6th, 1885.
To W. C.  Van Horne, Montreal.
Agreement for surrender of mile strip by lessees of timber claim not yet executed.    It is
in Drake's hands for approval.     Absence from Victoria of principals causes delay.
(Signed)        Wm. Smithe. 466 Correspondence—C. P. R. Extension to Coal Harbour. 1886
Victoria, July 21st, 1885.
To W. C  Van Horne, Montreal.
Important lease to Hastings Mill of English Bay lands be settled immediately. Arrangements between Government and mill-owners must be closed. Please reply to Mr. Jackson's
telegram on the subject without delay.
(Signed)        Wm. Smithe.
Messrs. Drake, Jackson & Helmcken to the Chief Commissioner of Lands and Works.
Victoria, July 23rd, 1885.
Sir,—As arranged this morning, we now send you fair copy, in duplicate, of surrender of
part of the lands held by Mr. Heatley, under lease from the Crown.
I have, etc.,
(Signed)        Drake, Jackson & Helmcken
[Enclosure.]
This Indenture made the 25th day of July, 1885, between Edward Davis Heatley, of
the City of San Francisco, and State of California, merchant, of the first part, the Honourable
William Smithe, Chief Commissioner of Lands and Works of the Province of British Columbia,
acting on behalf of the Government of the said Province, of the second part,. and Her Most
Gracious Majesty Queen Victoria, of the third part.
Whereas by Indenture dated the 30th day of November, 1865, entered into between
Joseph William Trutch, the then Chief Commissioner of Lands and Works and Surveyor-
General of British Columbia, acting on behalf of the Government of British Columbia, of the first
part, and the British Columbia and Vancouver Island Spar, Lumber and Saw-Mill Company,
Limited, thereinafter with their successors and assigns called the said grantees, of the other
part, it was witnessed for the consideration therein mentioned, the said Joseph William Trutch
did grant and demise unto the said grantees, inter alia, certain lands situate on the south side
of English Bay, and on the North Arm of Fraser River, containing by admeasurement 5,254
acres and 2,897 acres respectively, and upon the plan attached to the said Indenture coloured
blue, for the purpose of cutting timber and manufacturing spars and lumber, and carrying on
the spar and lumber trade generally and otherwise as therein mentioned, for the term of 21
years from the date of the said Indenture, at a rental of one-half penny sterling per annum.
And whereas by divers deeds of assignment the estate and interest in the unexpired term
of years granted by the said Indenture of Lease has become vested in the said Edward Davis
Heatley.
And whereas the said William Smithe has, in the public interest, requested the said Edward
Davis Heatley to forthwith surrender to the Crown his rights under the aforesaid lease to the
portion of the lands thereby demised, which is distinguished by the colour blue on the map or
plan hereto annexed, and which is hereinafter more fully described, and upon such surrender
being effected, and in consideration thereof, doth hereby, on behalf of the Government of British
Columbia, agree to grant to the said Edward Davis Heatley, his executors or administrators,
or the person or persons who immediately preceding the expiration of the term granted by
the hereinbefore in part recited Indenture of Lease shall appear on the register of charges,
kept in the office of the Deputy Registrar-General at New Westminster, as the registered owner
of such lease, a lease for timber purposes of the portion of the lands demised by the hereinbefore
in part recited Indenture of Lease, which is distinguished by the colours red and green on the
aforesaid map or plan, with the exclusive right to cut timber thereon during the continuance
of such lease, or on such part of the said land as for the time being shall be held under the said
lease, at the annual rental of ten cents per acre, as to the part of the said land so distinguished
by the colour red for the term of two years, and as to the part thereof so distinguished by the
colour green for the term of five years; such terms to be computed from the termination of the
term granted by the hereinbefore in part recited Indenture of Lease, and to grant to the said
Edward Davis Heatley, his executors or administrators, or other the person or persons aforesaid, 49 Vic   Correspondence—C. P. R. Extension to Coal Harbour.     467
the free and uninterrupted use of the two existing roads which are distinguished by dotted lines
on the said map or plan, for the purpose of conveying to the salt water logs and timber over the
lands to be surrendered as aforesaid during the continuance of the term granted by the hereinbefore in part recited Indenture of Lease, and during the whole of the term of the proposed
new lease, and also the free and uninterrupted use of one acre of ground situate on the salt
water at the termination of each of the two mentioned roads, and distinguished by the colour
yellow on the said plan, during the terms aforesaid, and the buildings thereon erected, for the
purpose of enabling the said Edward Davis Heatley, his executors or administrators, or other
the person or persons aforesaid, to transfer any timber and logs to the salt water, and for the use
of the men engaged in the business of logging, or otherwise in the employ of the said Edward
Davis Heatley, his executors or administrators, or other the person or persons aforesaid ; and
will also grant to the said Edward Davis Heatley, his executors or administrators, or other
the person or persons aforesaid, the free and uninterrupted use during the terms aforesaid of
the road now used by the said Edward Davis Heatly for logging purposes, and running across
the land hereby agreed to be surrendered to the north-east portion of Lot 192, and distinguished
by dotted lines on the said plan, to which the said Edward Davis Heatley has assented.
Now this Indenture witnessetii that, in consideration of the premises, the said Edward
Davis Heatley doth hereby assign, surrender and yield up to Her said Majesty, Her heirs and
successors, all that portion of the lands demised by the hereinbefore in part recited Indenture
of Lease, which may be described as being within the boundaries which may be described as
follows:—Commencing at a point one chain south of the south-westerly corner of Lot 302, Group
1, New Westminster District.; thence due west to the eastern boundary line of the Government
Reserve at Point Gray; thence due north to the water ; thence easterly along the shore line to the
north-west corner of Lot 302, Group 1 ; thence southerly along the westerly line of the said
lot to the south-west corner thereof; and thence south to the point of commencement, which
said land is distinguished by the colour blue upon the plan hereto annexed, and also all
rights and privileges granted by the hereinbefore in part recited Indenture of Lease in, to,
over, or in respect of the lands so distinguished by the colour blue on the map or plan aforesaid.
To Hold the said piece of land hereby assigned or surrendered, or expressed, or intended so to
be, unto Her said Majesty, Her heirs and successors, for the residue now to come and unexpired
of the term of years by the hereinbefore in part recited Indenture of Lease granted. And
the said Edward Davis Heatley doth hereby, for himself, his heirs, executors and administrators,
covenant with Her said Majesty, Her heirs and successors, that notwithstanding anything by
him done, omitted or knowingly suffered, he now hath power to assign and surrender all the
said premises unto Her said Majesty, Her heirs and successors, free from incumbrances. And
that he and every other person claiming through or in trust for him will at all times execute and
do all such assurances and things for further or better assuring all or any of the said premises
unto Her said Majesty, Heir heirs and successors, as by Her said Majesty, Her heirs or
successors shall be reasonably required.
In witness whereof the parties hereto have hereunto set their hands and seals.
Signed, sealed and delivered by the above} (Signed) E. D. Heatley.
named Wm.  Smithe,  Chief Commissioner of (
Lands and Works, in the presence of ( „ Wm. Smithe,
(Signed)        David Oppenheimer.     ) Chief Commissioner of Lands & Works
Signed, sealed and delivered by the above '
named Edward I). Heatley, in the presence of
(Signed)        Wellesley Moore,
Clerk to the British Consul, San Francisco.
Her Britannic Majesty's Consulate,
San Francisco.
To all whom these presents shall come.
I, George Edward Stanley, Her Britannic Majesty's Consul for the States of California
and Oregon, and for Washington Territory, do hereby certify that Edward Davis Heatley, well
known to me to be the individual named and described in the annexed instrument, personally
appeared before me and executed the same by affixing his signature and seal thereto, and
thereupon acknowledged that he did so of his own free will for the purpose  therein set forth. 468 Correspondence—C. P. R. Extension to Coal Harbour. 1886
In testimony whereof I have hereunto set my hand and seal of office in San Francisco, the
twenty-first day of August, A. D. one thousand eight hundred and eighty-five.
(Signed)        G. E. Stanley,
H. B. M. Consul.
[Telegram ]
Toronto, 23rd July, 1885.
Hon. Wm. Smithe, Victoria.
Have answered Jackson's message; think no reason on our part for further delay.
(Signed)        W, C. Van Horne.
The Chief Commissioner of Lands and Works to Mess7's. Drake, Jackson <& Helmcken
Lands and Works Office,
Victoria, B. O, July 25th, 1885.
Gentlemen,—I have the honour to submit for your approval, a draft of agreement to
provide for indemnification of Canadian Pacific Railway Company against loss or damage by
reason of the insertion of clause 9 in the agreement bearing date the 23rd of February, 1885,
providing for a grant of land at False Creek to the Canadian Pacific Railway Company by the
Government of the Province, and for the extension of the Canadian Pacific Railway from Port
Moody to the terminus at Coal Harbour and English Bay by the Canadian Pacific Railway
Company.
You will observe that while little change has been made in clause 1 of the draft you
submitted, clauses 2 and 3 have been eliminated. The exchange of land intended to be provided
for by clauses 2 and 3 of your draft is a matter which is entirely distinct and separate from
the agreement which was arranged between the manager of the Canadian Pacific Railway
Company and the Government.
I have, &c,
(Signed)        Wm. Smithe.
Minute of Executive Committee of the Canadian Pacific Railway Company.
Minute of an adjourned meeting of the Executive Committee of the Canadian Pacific
Railway Company, held at Victoria, British Columbia, on Tuesday, the 10th day of November,
1885.
Present—W. C. Van Horne, Vice-President, Hon. Donald A. Smith.
Submitted copy of a letter dated the 31st day of January, 1885, from the Chief Commissioner of Lands and Works for the Province of British Columbia, addressed to Mr. Henry
Beatty, relating to such bona fide settlers who had located on the townsite of Granville prior
to the date of Mr. Van Home's visit to that locality in 1884, and who had made substantial
improvements on their locations; and requesting the authority of the Canadian Pacific Railway
Company to inform such settlers that the Company would be willing to sell to each such locatee
his respective lot at two hundred dollars ($200).
Submitted also copy of Mr. Henry Beatty's reply to the Chief Commissioner of Lands and
Works, bearing date the 31st January, 1885, in which he agreed, on behalf of the Company,
that two hundred dollars would be accepted in payment for each of such lots.
It was resolved that the Vice-President be and is hereby authorized to execute an agreement on behalf of the Canadian Pacific Railway with the Government of British Columbia,
confirming the agreement as indicated in the correspondence submitted.
(Signed)        A. Piers,
Victoria, B. C, Acting Secretary.
10th November, 1885 49 Vic.       Correspondence—C. P. R. Extension to Coal Harbour. 469
This agreement made the 23rd day of November, in the year of our Lord one thousand
eight hundred and eighty-five, between Her Majesty Queen Victoria, represented by the
Honourable the Chief Commissioner of Lands and Works of the Province of British Columbia
of the one part, and the Canadian Pacific Railway Company, hereinafter called the said Company, of the other part.
Whereas by an agreement bearing date the twenty-third day of February, 1885, and made
and entered into between the parties hereto, Her Majesty, represented as aforesaid, in consideration of the said Company agreeing to extend the main line of the Canadian Pacific Railway
from Port Moody to Coal Harbour and English Bay, on or before the 31st day of December,
1886, and thereafter to maintain and operate the same as a part of the main line of the said
railway, and to erect such structures, works, docks and equipments as are suitable for the
western terminus of the said railway in the immediate vicinity of Coal Harbour and English
Bay, agreed to grant to such persons as the said Company might appoint, in trust for the said
Company, certain lands in New Westminster District, delineated on the map thereunto annexed;
And whereas by the ninth clause of the said agreement it was stipulated, that the grant
of the said lands should be subject to such rights, if any, as might legally exist in favour of
third parties;
And whereas prior to the execution of the said agreement, Her Majesty, represented as
aforesaid, agreed to enter into the indemnity hereinafter contained.
Now this agreement witnesseth that, in pursuance of the above mentioned agreement,
Her Majesty, represented as aforesaid, hereby for herself, her heirs and successors, covenants
and agrees with the said Company and their assigns, in manner following, that is to say:—
To save, defend, keep harmless, and forever indemnified the said Company and their
assigns against all legal claims, and damages, and actions, and suits in respect thereof, which
shall or may be sustained against the said Company in respect of the aforesaid land, or any
part thereof, except in the townsite of Granville, Lots 7 to 13, both inclusive,- in Block 1 ; Lot
1 and Lots 3 to 11, both inclusive, and Lots 14 and 15 in Block 2; Lots 1, 2, 3, 8 and 17 in
Block 3; Lots 1, 2, 3, 6, 7, 8, 15 and 16 in Block 5; Lots 9, 11, 12, 13, 14, 15 and 16 in Block
6, as such lots and blocks are shown upon the plan of the town of Granville, signed by Joseph
W. Trutch, dated 10th March, 1870, and now in the Lands and Works Department, by any
person or persons, provided that such claims shall have existed before the 23rd February, 1885.
This agreement is entered into on the understanding that the said Chief Commissioner shall
not in any event be held individually responsible.
In witness whereof the parties hereto have hereunto set their hands and seals the day and
year first above written.
Signed,   sealed  and  delivered  by  the |
above named Wm. Smithe, in presence of > (Signed)        Wm. Smithe,
(Signed)        W. S. Gore.     ) Chief Commissioner ofi Lands and Works.
Messrs. Drake, Jackson & Helmcken to the Chief Commissioner of Lands and Works.
Victoria, B. C, Jan. 4th, 1886.
Sir,—On behalf of the Canadian Pacific Railway Company, we have the honour to enclose
herewith the bond bearing date, 26th November, L885, entered into by Honourable Donald A.
Smith, Wm. 0. Van Horne and Sandford Fleming with Her Majesty, as security for the due
performance by the Canadian Pacific Railway Company of the agreement dated 23rd February,
1885, therein referred to.
As you have stated you would approve of the above named as the sureties, we are instructed
to request that the grant of the land which, by the terms of the agreement, the Company will
become entitled to on your approving of the bond, may be issued in accordance with the agreement and delivered to us on behalf of Company at your earliest convenience.
We have, &c
(Signed)        Drake, Jackson & Helmcken. 470 Correspondence—C. P. R. Extension to Coal Harbour. 1886
[Enclosure.]
Know all men by these presents that we, the Canadian Pacific Railway Company, and
Donald A. Smith, of Montreal, and William C. Van Horne, of Montreal, and Sandford Fleming,
of Ottawa, sureties, are held and firmly bound to Her Majesty Queen Victoria in the sum of
two hundred and fifty thousand dollars of lawful money, to be paid to Her Majesty, her heirs,
or successors, for which payment to be well and faithfully made the said Company binds itself,
and we the said sureties bind ourselves, and each and any two of us, one and each and any two
of our heirs, executors, and administrators, firmly by these presents, sealed with the seal of the
said Company and with the seals of us the said sureties.
Dated this twenty-sixth day of November, A.D. 1885.
Whereas by an agreement made the twenty-third day of February, A.D. 1885, between
Her Majesty Queen Victoria, represented by the Honourable the Chief Commissioner of Lands
and Works of the Province of British Columbia, of the one part, and the Canadian Pacific
Railway Company, of the other part. It was agreed, amongst other things, that the said
Company should extend the main line of the Canadian Pacific Railway to Coal Harbour and
English Bay, and should forever thereafter maintain and operate such extension as part of the
main line of the Canadian Pacific Railway, and that Her Majesty should grant to such persons
as the said Company should appoint, in trust for the Company, certain lands in New Westminster District therein referred to, and that the Crown grant should be made upon the
Company entering into a bond in the sum of $250,000, conditioned to be void as hereinafter
mentioned.
Now, the condition of the above written bond or obligation is such that if the above
bounden Company shall well and truly perform and observe all and singular the terms and
conditions in the said agreement of the 23rd day of February, 1885, contained, and by the said
Company agreed to be observed or performed, then the above written bond or obligation shall
be void ; otherwise shall remain in full force and effect.
Signed, sealed and delivered by the above named.
The Canadian Pacific Railway Company,
, (Signed)     per W. C. Van Horne,
f„„,m i Vice-President.
{     SEAL.     J
(Signed)
C. Drinkwater,
Secretary.
n presence
(Signed)
of
C.
Drinkwater.
(Signed)
Donald A.  Smith.
[L. S.]
(Signed)
c.
Drinkwater.
(Signed)
W. C. Van Horne.
[L. s.]
(Signed)
A
J. Fleming.
(Signed)
Sandford Fleming.
[L.S.]
The Chief Commissioner of Lands and Works to Messrs. Drake, Jackson & Helmcken.
Lands and Works Office,
Victoria, B. C, January 6th, 1886.
Gentlemen,—I have the honour to acknowledge the receipt of your communication of
the 4th inst., enclosing, on behalf of the Canadian Pacific Railway Company, a bond bearing
date November 26th, 1885, in favour of Her Majesty, for the sum of $250,000, and executed
by the Honourable Donald A. Smith, W. C. Van Horne, and Sandford Fleming, as security
for the due performance by the Canadian Pacific Railway Company of the agreement between
them and the Provincial Government, for the extension of the Canadian Pacific Railway to
Coal Harbour and English Bay.
Upon completion of the surveys, as required by the agreement, the Crown grant to the
land will issue.
I have, &c,
(Signed)       Wm. Smithe. 49 Vic       Correspondence—C. P. R. Extension to Coal Harbour. 471
Messrs. Drake, Jackson & Helmcken to the Chief Commissioner of Lands and Works.
Victoria, B. C, January 22nd, 1886.
Dear Sir,—We have the honour to send you herewith the plan and field-notes prepared
by Mr. L. A. Hamilton on the survey of that portion of the land south of False Creek which,
by agreement dated the 23rd day of February, 1885, between Her Majesty (represented by
yourself) and the Canadian Pacific Railway Company, is to be conveyed to the Company by
the Government of British Columbia.
In accordance with instructions from Mr. Van Horne, Vice-President of the Canadian
Pacific Railway Company, we have the honour to request that the grant may be issued in the_
name   of   Donald  A.   Smith   and   Richard   B.   Angus,   both   of   Montreal,   at  your   earliest
convenience.
And we have, <fec,
(Signed)        Drake, Jackson & Helmcken.
The Chief Commissioner of Lands and Works to Messrs. Drake, Jackson & Helmcken.
Lands and Works Office,
Victoria, B. O, January 25th, 1886.
Gentlemen,—I have the honour to acknowledge the receipt of the plan and field-notes of
the survey of that portion of land south of False Creek agreed to be conveyed to the Canadian
Pacific Railway Company.
I have, <fec,
(Signed)        Wm. Smithe.
The Chief Commissioner of Lands and Works to Messrs. Drake, Jackson & Helmcken.
Lands and Works Office,
Victoria, B. C, February 17th, 1886.
Gentlemen,—I have the honour to request that you will transmit the accompanying
letter, addressed to Mr. Van Horne, enclosing a draft resolution of the Board of Directors of
the Canadian Pacific Railway Company, and two unsigned forms of Crown grants of the lands
to be conveyed to the Company, in pursuance of their agreement with the Government of this
Province, dated 23rd day of February, 1885.    The letter to Mr. Van Horne is explanatory.
I have, <fcc,
(Signed)        Wm. Smithe.
[Enclosure.]
Lands and Works Office,
Victoria, B. C, February 16th, 1886.
Sir,—By this mail the Bank of British Columbia, as our agents, forward to the Bank of
Montreal two Crown grants to Messrs. Donald A. Smith and Richard B. Angus of the lands
agreed by this Government to be conveyed to your Company, under the agreement of the 23rd
of February, 1885. In these grants there is not conveyed lot 2, block 2, in the townsite of
Granville, nor the streets of that townsite, nor lot 40 on False Creek. These exceptions
should have been noticed in the agreement, and were omitted in error.
The Bank of Montreal is authorized to hand you the grants upon your delivering to them,
under the seal of the Company, the resolutions of your Directorate, with unsigned forms of the
grants thereto attached, and which are herewith enclosed. The grants have been made absolutely to the individuals named, at the request of the Company. It is to evidence this that
the Directors' resolution is required ; and as it is desirable that the sureties should consent to
the exceptions, and otherwise to the forms of the grants, and to the grants being made absolutely to Messrs. Smith and Angus, the sureties must also, before delivery of the grants by the
Bank, sign the memorandum attached to the minute.
I have, &c.,
W.  Van Horne, Esq., (Signed)        Wm. Smithe.
Manager C. P. R., Montreal. 472 Correspondence—C. P. R. Extension to Coal Harbour. 1886
The Chief Commissioner of Lands and Works to the Manager of the Bank of British
Columbia, Victoria.
Lands and Works Department,
Victoria, B. C, February, 16th, 1886.
SrR,—I should be pleased if you would forward to your agents, the Bank of Montreal, at
Montreal, the enclosed two grants from the Crown, to be delivered to Mr. Van Horne, the
Manager of the Canadian Pacific Railway Company, upon his delivering to the Bank, then to
be forwarded to this Government, a resolution of the Directors of the Canadian Pacific
Railway Company, under the seal of the Company, with a memorandum accompanying the
resolution, signed by the sureties, Messrs. Smith, Van Horire, and Sandford Fleming, a copy of
which resolution and memorandum is herewith enclosed. I also enclose a copy of the letter of
this date from nry department to Mr. Van Horne. The original resolution and memorandum
to be handed to you will, as you will perceive from the letter to Mr. Van Horne, have attached
unsigned copies of the two grants.
I have, &c,
^Signed)        Wm. Smithe.
[Enclosures.]
Minutes of the Meeting ofi the  Directors ofi the Canadian  Pacific  Railway  Company held at
Montreal on the day of , A.D. 1886.
Present:—
Submitted two forms hereunto annexed of grants from the Crown, as represented by the
Government of British Columbia, of lands agreed to be conveyed to the Company by an agreement, bearing date the 23rd day of February, A. D. 1885, entered into between Her Majesty,
represented by the Honourable the Chief Commissioner of Lands and Works of the Province
of British Columbia, of the one part, and the Company of the other part.
Submitted also a letter from the said Chief Commissioner of Lands and Works to W. C.
Van Horne, Esq., Manager of the said Company, a copy of which is as follows:—
Victoria, B. O, February 16th, 1886.
Sir,—By this mail the Bank of British Columbia, as our agents, forward to the Bank of
Montreal two Crown grants to Messrs. Donald A. Smith and Richard B. Angus, of the lands
agreed by this Government to be conveyed to your Company under the agreement of the 23rd
of February, 1885. In these grants there is not conveyed Lot 2, Block 2, in the townsite of
Granville, nor the streets of that townsite, nor Lot 40 on False Creek. These exceptions
should have been noticed in the agreement, and were omitted in error. The Bank of Montreal
are authorized to hand you the grants upon your delivery to them, under the seal of the Company,
the resolutions of youi Directorate, with unsigned forms of the grants thereto attached, and
which are herewith enclosed.
The grants have been made absolutely to the individuals named at the request of the
Company. It is to evidence this -that the Directors' resolution is required; and as it is desirable
that the sureties should consent to the exceptions and otherwise to the forms of the grants,
and to the grants being made absolutely to Messrs. Smith and Angus, the sureties must also,
before delivery of the grants by the Bank, sign the memorandum attached to the minute.
I have, etc.,
(Signed)        Wm. S.mithe,
W. C. Van Horne, Esq., Chief Commissioner of Lands and   Works,
Manager C. P. R., Montreal.
It is resolved that the Government of British Columbia be requested to issue the grants
of the said lands to Donald A. Smith and Richard B. Angus absolutely, who are hereby
appointed the persons to whom the grants are to be made under section six of the above
mentioned agreement. And the said Government is further requested to issue such grants in
the forms hereunto annexed ;—7 49 Vic       Correspondence—C. P. R. Extension to Coal Harbour. 473
We, Donald A. Smith, William C. Van Horne, and Sandford Fleming, sureties for the
Canadian Pacific Railway Company, named in and who executed a bond to Her Majesty,
bearing date the 26th day of November, 1885, relative to the performance by the said Company
of the terms and conditions in a certain agreement, dated the 23rd day of February, 1885, and
entered into between Her Majesty, represented by the Chief Commissioner of Lands and
Works of the Province of British Columbia, of the one part, and the Company of the other
part, and on their part to be observed and performed, do hereby approve of the grants in the
within resolution mentioned being issued as therein mentioned, and do acknowledge that the
issuance of the said grants will be a compliance by Her Majesty with the sixth clause of said
agreement.
Crown Grants.
Province of \ Clement F. Cornwall,
British Columbia,       > Lieutenant-Governor.
No. 98. ) [Queen's Arms.]
Wm. Smithe,
Chief Commissioner of Lands and Works.
W. S. Gore,
Surveyor-General.
Victoria, by. the Grace of God, of the United Kingdom of Great Britain and Ireland,
Queen, Defender of the Faith, &c.
To all whom these presents shall come, Greeting:—
Know ye, that for divers valuable considerations Us thereunto moving, We do by these
presents, for Us, Our heirs and successors, give and grant unto Donald A. Smith and Richard
B. Angus, their heirs and assigns, all that parcel or lot of land situate in New Westminster
District, said to contain five thousand seven hundred and ninety-five acres, more or less, and
more particularly described on the map or plan hereunto annexed, and therein coloured red,
and numbered Lot five hundred and twenty six, Group one, on the official plan or survey of
the said New Westminster District, in the Province of British Columbia. To have and to hold
the said parcel or lot of land, and all and singular the premises hereby granted, with their
appurtenances, unto and to the use of the said Donald A. Smith and Richard B. Angus, their
heirs and assigns, forever. Reserving, nevertheless, unto Her Majesty, Her heirs and successors,
the right and privilege at any time before the first day of June, 1886, to select, take, and
resume the absolute property in and possession of any two and one-half acres of the lands
hereinbefore expressed to be hereby granted.
' Provided always, and it is hereby expressly agreed and declared, that the grant of lands
hereby made is and shall be deemed, as to a portion of such lands, subject for its unexpired
term to a lease, dated the 30th day of November, A. D. 1865, and entered into between the
Honourable Joseph William Trutch, acting on behalf of Her Majesty's Government, and the
British Columbia and Vancouver Island Spar, Lumber and Saw-Mill Company, Limited, and
which term expires on the 30th day of November, 1886; and also subject to an indenture
bearing date the 25th day of July, 1885, made between Edward Davis Heatley, of the first
part, and the Honourable William Smithe, Chief Commissioner of Lands and Works of the
Province of British Columbia, acting on behalf of the Government of the said Province, of the
second part, and Her Most Gracious Majesty Queen Victoria, of the third part, which indenture
provides for a renewed lease of portions of the said lands for two and five years respectively,
from the said 30th day of November, 1886, and for the use of certain roads during such periods.
Provided nevertheless, that it shall at all times be lawful for Us, Our heirs and successors,
or for any person or persons acting in that behalf by Our or their authority, to resume any
part of the said lands which it may be deemed necessary to resume for making roads, canals,
bridges, towing-paths, or other works of public utility or convenience ; so, nevertheless, that
the land so to be resumed shall not exceed one-twentieth part of the whole of the lands aforesaid, and that no such resumption shall be made of any lands on which any buildings may
have been erected, or which may be in use as gardens or otherwise for the more convenient
occupation of any such buildings.
Provided also, that it shall at all times be lawful for Us, Our heirs and successors, or for
any person or persons acting under Our or their authority, to enter into and upon any part of 474 Correspondence—C. P. R. Extension to Coal Harbour. 1886
the said lands, and to raise and get thereout any gold or silver ore which may be thereupon
or thereunder situate, and to use and enjoy any and every part of the same land, and of the
easements and privileges thereto belonging, for the purpose of such raising and getting, and
every other purpose connected therewith, paying in respect of such raising, getting and use
reasonable conpensation.
Provided also, that there shall be, and there is hereby, reserved to Us, Our heirs and
successors, a royalty of five cents upon and in respect of each and every ton of coal raised or
gotten from the land hereby granted.
Provided also, that it shall be lawful for any person duly authorized in that behalf by Us,
Our heirs and successors, to take and occupy such water privileges, and to have and enjoy such
rights of carrying water, over, through, or under any parts of the hereditaments hereby granted,
as may be reasonably required for mining or agricultural purposes in the vicinity of the said
hereditaments, paying therefor reasonable compensation to the aforesaid Donald A. Smith
and Richard B. Angus, their heirs or assigns.
Provided also, that it shall be at all times lawful for any person duly authorized in that
behalf by Us, Our heirs and successors, to take from or upon any part of the hereditaments
hereby granted, without compensation, any gravel, sand, stone, lime, timber, or other material
which may be required in the construction, maintenance or repair of any roads, ferries, bridges
or other public works.
In Testimony Whereof, we have caused these Our Letters to be made Patent, and the
Great Seal of Our Province of British Columbia to be hereunto affixed: Witness,
His Honour Clement F. Cornwall, Lieutenant-Governor of Our Province of
British Columbia and its Dependencies, at Our Government House, in Our City of
Victoria, this thirteenth clay of February, in the year of Our Lord one thousand eight
hundred and eighty-six, and in the forty-ninth year of Our Reign.
By Command.
(Signed)        T. Elwyn.
Deputy Provincial Secretary.
Province of \ Clement F. Cornwall,
British Columbia,       r Lieutenant-Governor.
No. 91. j [Queen's Arms.]
Wm. Smithe,
Chief Commissioner of Lands and Works.
W. S. Gore,
Surveyor-General.
Victoria by the Grace of God, of the United Kingdom of Great Britain and Ireland,
Queen, Defender of the Faith, and so forth.
To all to whom these presents shall come, Greeting:—
Know Ye, that for divers valuable considerations Us thereunto moving, We do by these
presents, for Us, Our heirs and successors, give and grant unto Donald A. Smith and Richard
B. Angus, their heirs and assigns, all that parcel or lot of land situate in New Westminster
District, said to contain four hundred and eighty acres, more or less, and numbered lot five
hundred and forty-one, group one, on the official plan or survey of the said district, and also all
those pieces or parcels of land forming portions of the townsite, of Granville, in the said district,
and known and numbered on the official map of the said townsite deposited in the Land
Registry Office at New Westminster, as lots 12 and 13, block 2; lots 4, 5, 6, 7, 9, 10, 11, 12, 13,
14, 15 and 16, block 3; lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16, block 4; lots
4, 5, 9, 10, 11, 12, 13 and 14, block 5, and lot 10, block 6; all of which said pieces or parcels
of land, namely, lot five hundred and forty-one, group one, and the lots before enumerated in
the townsite of Granville, are more particularly shown and described on the map or plan hereunto annexed, and therein coloured red. To have and to hold the said pai eels and lots of lands,
and all and singular the premises hereby granted, with their appurtenances, unto and to the
use of the said Donald A. Smith and Richard B. Angus, their heirs and assigns, forever.
Reserving nevertheless unto Her Majesty, Her heirs and successors, the right and privilege, at
any time before the first day of June, 1886, to select, take and resume the absolute property 49 Vic       Correspondence—C. P. R. Extension to Coal Harbour. 475
in and possession of any two and one-half acres of all or any of the lands hereinbefore expressed
to be hereby granted.
Provided, nevertheless, that it shall at all times be lawful for Us, Our heirs and successors,
or for any person or persons acting in that behalf by Our or their authority, to resume any
part of the said lands which it may be deemed necessary to resume for making roads, canals,
bridges, towing-paths or other works of public utility or convenience, so nevertheless that the
land so to be resumed shall not exceed one-twentieth part of the whole of the lands aforesaid,
and that no such resumption shall be made of any lands on which any buildings may have been
erected, or which may be in use as gardens or otherwise for the more convenient occupation
of any such buildings.
Provided, also, that it shall at all times be lawful for Us, Our heirs and successors, or for
any person or persons acting-under Our or their authority, to enter into and upon any part of
the said lands, and to raise and get thereout any gold or silver ore which may .be thereupon or
thereunder situate, and to use and enjoy any and every part of the same land, and of the
easements and privileges thereto belonging, for the purpose of such raising and getting, and
every other purpose connected therewith, paying in respect of such raising, getting and use
reasonable compensation.
Provided, also, that there shall be, and there is hereby, reserved to Us, Our heirs and
successors, a royalty of five cents upon and in respect of each and every ton of coal raised or
gotton from the lands hereby granted.
Provided, also, that it shall be lawful for any person duly authorized in that behalf by Us,
Our heirs and successors, to take and occupy such water privileges, and to have and enjoy such
rights of carrying water over, through or under any parts of the hereditaments hereby granted,
as may be reasonably required for mining or agricultural purposes in the vicinity of the said
hereditaments, paying therefor a reasonable compensation to the aforesaid Donald A. Smith
and Richard B. Angus, their heirs or assigns.
Provided, also, that it shall be at all times lawful for any person duly authorized in that
behalf by Us, Our heirs and successors, to take from or upon any part of the hereditaments
hereby granted, without compensation, any gravel, sand, stone, lime, timber or other material,
which may be required in the construction, maintenance or repair of any roads, ferries, bridges
or other public works.
In Testimony Whereof, We have caused these Our Letters to be made patent, and the
Great Seal of Our Province of British Columbia to be hereunto affixed: Witness,
His Honour Clement Francis Cornwall, Lieutenant-Governor of Our Province of
British Columbia and its Dependencies, at Our Government House, in Our City of
.Victoria, this thirteenth day of February, in the year of Our Lord one thousand eight
hundred and eighty-six, and in the forty-ninth year of Our Reign.
By Command.
(Signed)        T. Elwyn, ■
Deputy Provincial Secretary.

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