BC Sessional Papers

PAPERS RELATING TO THE NAKUSP AND SLOCAN RAILWAY. British Columbia. Legislative Assembly 1894

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 57 Vict. Naksup and Slogan Ralway. 1109
PAPERS   RELATING
TO   THE
NAKUSP   AND  SLOGAN   RAILWAY.
This Indenture made the ninth day of August, one thousand eight hundred and ninety-
three, between The Nakusp and Slocan Railway Company, hereinafter called " the Nakusp
Company," of the first part, and The Canadian Pacific Railway Company, hereinafter called
" the Pacific Company," of the second part.
Whereas the Nakusp Company was incorporated by an Act of the Parliament of Canada,
passed in the fifty-sixth year of the reign of Her Majesty Queen Victoria, with authority to
lay out and construct a railway from a point at or near the town of Nakusp to some
point at or near the Forks of Carpenter Creek in the district of West Kootenay, and intends
to proceed with the early construction of the said railway, which whole railway is hereinafter
referred to as " the projected railway."
Now this Indenture witnesseth that the Nakusp Company covenants with the Pacific
Company and its assigns as follows, that is to say : —
1. The Nakusp Company will acquire in fee simple, or with as absolute a title as "The
Railway Act" permits to be obtained by expropriation, the lands for right of way and
stations, and all other lands necessary for the railway and appurtenances to be by it
constructed as hereinafter mentioned, and will (except as to rolling stock, tools, and furniture)
construct thereon and complete the projected railway, that is to say, a railway from a point at
or near the town of Nakusp to some point at or near the Forks of Carpenter Creek in the
district of West Kootenay, according to the specifications hereto attached, such completion to
be established by certificates as hereinafter mentioned, and when so completed and ready in
all respects to meet the requirements of traffic thereon, except rolling stock, tools, and
furniture, then the Nakusp Company, having first acquired the requisite lands as aforesaid,
will, by an indenture of lease under seal, demise and set over the same and all the lands,
properties, and appurtenances connected or intended to be used, therewith, and the powers,
privileges, and franchises of the Nakusp Company in respect thereof to the Pacific Company
and its assigns, for a term of twenty-five years, at a rent and on the terms hereinafter specified,
which period of twenty-five years is hereinafter referred to as " the said term," and the said
lease shall contain covenants on the part of the Nakusp Company to the following effect,
namely :—
2. During the said term the Pacific Company may exercise all the franchises and powers
of the Nakusp Company in respect of the running of the projected railway, and of every part
thereof, and also in respect of the acquisition of increased areas of land for station grounds,
right of way, protection against snow, sidings, and other purposes, and may take such legal
proceedings as are deemed to be necessary or expedient in the exercise of the said franchises
and powers, or any of them, and for that purpose may use the name of the Nakusp Company,
and of the officers thereof, which officers are hereby authorized and required, upon the demand
of the Pacific Company, to append their signatures and to affix the seal of the Nakusp
Company to any document which may be useful in the exercise of any such franchise.
3. The Nakusp Company will, at the request of the Pacific Company, affix the name
and seal of the Nakusp Company, and do all acts, matters, and things as and when the same
may be necessary for the convenient, efficient, and effectual working of the said railway, and
for carrying out and giving effect to the lease to be made as aforesaid; and the Pacific
Company may, during the said term, make and enforce such lawful rules, regulations, and
by-laws touching or concerning the running and operation of the said railway as shall be
required for the efficient and advantageous administration, management, and operation thereof,
and for the preservation of order thereon, and may fix and regulate from time to time and amend and alter the tariff of rates and tolls to be exacted for the carriage of freight and
passengers over the said line ; and if the Pacific Company shall deem it expedient that such
by-laws, rules, and regulations, or tariff, or any of them, should be made by the Nakusp
Company, then the shareholders, board of directors, and officials of the Nakusp Company shall
make such by-laws, rules, regulations, and do all such matters and things to complete and
perfect the same as shall reasonably be required of them, but such by-laws, rules, and regulations, and such tariff, by whomsoever made and passed, shall be subject to the provisions of
any Act or Acts of the Dominion Parliament applicable to the said railway, and the Nakusp
Company will allow the Pacific Company to use the name of the Nakusp Company in any suit
or proceeding in which it will be necessary to use the same in connection with the working of
the railway, but all costs, damages, and expenses which may arise from the use of the name of
the Nakusp Company shall be borne and paid by the Pacific Company.
4. The Pacific Company, paying the rent and observing the provisions of the said lease
and all covenants on their part to be fulfilled, shall have peaceable and undisturbed possession
of the railway and the properties, rights, and franchises to be demised as aforesaid during the
said term of twenty-five years, without any lawful interruption by the Nakusp Company or
any other person or persons whomsoever.
5. And the Pacific Company covenants with the Nakusp Company and its assigns and
with the Commissioner as follows, that is to say :—
6. Upon the acquisition of the said lands and the construction and completion as aforesaid
of the projected railway, the Pacific Company will join in executing the said lease thereof, and
will take over the same, aud will, during the said term, regularly and sufficiently operate and.
work the same, and at its own expense find all necessary means, men, rolling stock, tools,
furniture, appliances, and labour ; and the said lease shall contain covenants on the part of the
Pacific Company to the following effect, namely :—
7. During the said term the Pacific Company will pay to the Nakusp Company quarterly,
by way of rent, a sum equal to forty per cent, of the amount actually received by it as gross
earnings from such railway and appurtenances, without any deduction whatsoever on account
of operating expenses, taxes, or any other outlay which the Pacific Company is to bear under
the terms of this Indenture, except as is hereinafter provided for.
8. During the said term the Pacific Company will keep the said projected railway and
all buildings, properties, and appurtenances connected therewith in good repair, order, and
condition, except in so far as the same may be deteriorated by age and reasonable wear and
tear, and will during the said term pay all taxes, assessments, and impositions which may
become payable either by landlord or tenant in respect of the said railway or the traffic over
it, including any tax which may be levied by the Provincial Government.
9. During the said term the Pacific Company will render to the Nakusp Company,
quarterly, just and true accounts and statements in writing of the said earnings, and will adow
proper inspection of all books, accounts, returns, and vouchers, for the purpose of checking and
verifying the same or any of them, such quarterly accounts to be rendered not later than the
last days of January, April, July, and October, in each year, for the quarter year ending on
the last day of the month previous, such accounts to show the gross earnings of the said
railway under the following heads : " Passengers," " Freight," " Mails, " and " Sundries," the
last named term to cover everything not included under the other three headings, and the
Nakusp Company shall have the right, from time to time, to employ an auditor to investigate
the accuracy of the said statements or accounts, and the Pacific Company shall, from time to
time, afford all proper facilities for such investigation. And the Pacific Company shall pay
forty per cent, of the said gross earnings when the quarterly statements or accounts are
rendered as aforesaid, but the acceptance of any such payment before an audit or verification
shall not prejudice the rights of the Nakusp Company or to demand and collect such further
sum, if any, as it shall be justly entitled to.
10. The Pacific Company will during the said term provide and run over the said railway
duly equipped trains for the carriage of passengers and freight as frequently as shall be necessary
for the traffic of the country through which the said railway is constructed, and except during
the period of a strike (if any occur) amongst employees of the Pacific Company, and unless
some accident prevent it, the Pacific Company will run during summer months at least one
train carrying passengers, each way, on every business day ; and during the rest of the year
at least either one such train one way on every business day or in lieu thereof one train each
way on every second business day, and generally will operate and work the said railway so as 57 Vict. Nakusp and Slocan Railway. 1111
to secure therefor as much traffic as is possible within such limit of expenditure  as would be
adopted by any well managed railway company working the same entirely on its own account.
11. The expression "gross earnings " herein means the full amounts actually received for
all tolls, rates, charges, and other payments for the carriage of any passenger, animal, vehicle,
goods, merchandise, matter or thing, conveyed on the said projected railway, or any part
thereof, and for the exercise by any other railway of running powers over the said railway so
to be leased as aforesaid, and also a pro rata mileage proportion of the joint earnings received
on through traffic of every kind interchanged between the projected railway and that of the
Pacific Company, whenever such earnings are not in excess of the ordinary rate, that is, the
rate at the time on similar traffic for a corresponding distance on the nearest section of the
Pacific Company's main line in the direction in which the traffic is carried ; but if such earnings are in excess of the ordinary rate then the excess shall be credited part to the projected
railway and the remainder to any other line or lines of railway, if there be any, operated by
the Pacific Company south of Revelstoke over which such traffic shall have been carried ; the
proportions being fixed on a pro rata mileage basis having regard to the length of the haul
on the projected railway and on such other line or lines respectively and if there be no such
other line, then the whole excess is to be credited to the projected railway, and as to each
such case of excess the expression " gross earnings " means and includes the whole or the part
of the excess, as the case may be, so to be credited to the projected railway as aforesaid, as
well as its pro rata mileage proportion of the ordinary rate ; provided that so long as any
boat is used to make connection between the railway of the Pacific Company and the projected railway all such joint earnings shall be reckoned exclusive of such boat's charges on the
said traffic, and it is also understood and agreed that the rates for freight and passengers on
the projected railway shall not, without the consent of the Government of British Columbia, be
less than those for a corresponding distance in the same direction on the nearest section of
the Pacific Company's main line, nor higher unless with the like consent.
12. The Pacific Company will protect the Nakusp Company against any loss, damage or
claim that may arise in working the said railway under the said lease, and shall do and
perform all the acts, conditions, matters and things which the Nakusp Company are bound by
their charter to do and perform in respect of the said railway and of the Government of
Canada.
13. The Pacific Company shall bear and pay all expenses incurred in doing and performing all such acts, matters and things as are now or may hereafter be required for the maintenance and operation of the said railway, in conformity with the laws of the Dominion of
Canada.
14. At the expiration or other determination of the said term, the Pacific Company will
yield up the said railway and other immovable property to the Nakusp Company in as good
general plight and condition as the same were at the commencement of the said lease, save
and except the natural deterioration thereof by age and wear and tear.
15. And the parties hereto mutually agree each with the other that the said lease shall
contain mutual agreements and clauses to the following effect, namely :—
16. In case any dispute shall arise as to the correctness of statements or accounts of
earnings to be from time to time rendered by the Pacific Company as aforesaid, the same
shall from time to time be referred to the final arbitrament and decision of an accountant to be
agreed upon by the parties in writing, or, failing such agreement, to be nominated upon
application of either party by the Auditor-General of the Dominion of Canada, one week's
notice of such application being first given to the other party.
17. And any such notice may be given by serving the same on the President, Vice-
President, Secretary or Treasurer of either of the other parties hereto, or by registered letter
addressed to its head office, or in the event of the assignment by the Nakusp Company of
its rights under this agreement, or any of them, then upon the assignee or such other person as
the assignee may designate.
18. In the event of the non-payment of the rental reserved by the said lease for the
space of sixty days after any instalment thereof shall fall due according to the terms hereof,
or in the event of substantial failure to maintain, work, operate or repair the said railway for
the space of sixty days, continually, after written demand, the said Pacific Company shall be
liable to pay, and hereby covenants to pay, to the Nakusp Company the sum of fifty dollars
per day as liquidated damages for every day during which the said rent shall remain unpaid;
and fifty dollars as liquidated damages for every day during which the  Pacific Company shall 1112 Nakusp and Slocan Railway. 1883
fail   to  work and operate  the said railway according to the true intent and meaning of the
said lease.
19. In the event of the non-payment of any one-quarter year's rent under such lease, it
shall be lawful for the Nakusp Company to distrain for the amount due for the next preceding quarter year, or for the amount of the last quarterly account rendered, and such amount
shown as due shall be considered to be fixed and ascertained rents for the purpose of enabling
the Nakusp Company to distrain the same if necessary.
20. During the said term the Pacific Company shall not transfer or set over, or otherwise by any Act or deed procure the said railway or the said premises so as to be demised as
aforesaid, or the said lease or any part thereof to be assigned, transferred, set over, or subject
to any person or persons whatsoever, or to any corporation whatsoever, without the-consent,
in writing, of the Nakusp Company, or its assigns first had and obtained.
21. Provided always, and it is hereby expressly agreed, that if the rent thereby reserved
or payable thereunder, or any part thereof, shall be unpaid and shall remain unpaid for thirty
days after notice in writing of such default has be given to the Pacific Company, although no
formal demand shall have been made therefor, or in case of the breach or non-performance of
any of the covenants or agreements therein contained on the part of the Pacific Company,
and the continuance of such breach after thirty days' notice thereof in writing, then and in
either of such cases it shall be lawful for the Nakusp Company, or its assigns, to annul and
set aside said intended lease, and to declare the same to be forfeited and at an end, and to
enter into possession, of the said railway and of all other premises thereby demised, and to
have again, re-possess and enjoy the same as of its former estate, anything herein contained
to the contrary notwithstanding.
22. The work of construction of the projected railway shall be under the supervision of
an engineer either appointed by or satisfactory to the Pacific Company, who is hereinafter
referred to as " the constructing engineer," and the projected railway shall be deemed to be
constructed and completed within the meaning of these presents as soon as such constructing
engineer or some other engineer appointed by the Pacific Company for that purpose shall
have certified in writing that it has been constructed and completed according to the terms of
this Indenture and the said specifications attached hereto. And if any dispute arise between
any of the parties to this Indenture respecting the propriety of the said constructing engineer,
or other engineer of the Pacific Company, so certifying or declining to certify, it shall be finally
settled by an award of any two of three arbitrators to be chosen as follows : Each one of
the parties of the first and second parts shall choose one arbitrator and a third shall be
appointed by the two so chosen ; but if the two fail to choose a third within one month after
the. last of the two is appointed, then, on application to any Judge of the Supreme Court of
British Columbia by either party, such Judge may appoint the third arbitrator, the said award
to be given in writing within three months after the appointment of such third arbitrator.
And if the arbitrators decide that the Nakusp Company is entitled to a certificate more
favourable than any given by the said constructing engineer or other engineer of the Pacific
Company, then the parties' rights shall stand as if he had given the certificate which the
arbitrators may decide he ought to have given.
23. Section fourteen of the said specifications shall be held to include sufficient roundhouse accommodation, together with the necessary turn-table, sidings, Y's, and wooding or
coaling facilities where required, and suitable station buildings, and sidings at intervals of
about eight miles along the projected railway, or at such other points as may be approved by
the Pacific Company ; also water-tanks, with pumps and fixtures complete, of the Canadian
Pacific standard, connected with a good and sufficient water supply at intervals of about
sixteen miles along the projected railway, and at each terminus also a station building, a
round-house with stalls for two engines, a turn-table at least fifty-five feet in length, all the
connecting tracks, and at least three thousand feet of side tracks, together with a water-tank
and fixtures connected with a suitable and sufficient water supply, as well as such coal shed
or other facilities as are ordinarily provided at a divisional point, all to be constructed
according to plans to be approved by the Pacific Company.
24. Throughout this Indenture the mention of either the Nakusp Company or the Pacific
Company is intended to include also its assignee or assignees, and it is expressly agreed that
the Chief Commissioner of Lands and Works of the Province of British Columbia, in right of
the Government of that Province, may be the assignee of the Nakusp Company, and during
the time that he is such assignee shall be entitled to stand in the place of and to exercise the
rights and privileges of the Nakusp Company in respect of this agreement. 57 Vict. Nakusp and Slocan Railway. 1113
25. Notwithstanding anything contained in clauses seven and eight, if the aggregate of
the taxes payable at any time or times to the Provincial Government, and all local municipalities and other organizations, when taken together in respect of the demised properties and the
operations of the said railway exceed what would be payable in respect of the same if the
assessment and taxation were made substantially on the same principle as that now enforced
by law in Ontario, then the excess shall be borne by the Nakusp Company, and if paid in the
first instance by the Pacific Company it may be deducted from any rent which shall mature
thereafter.
26. Is is hereby further agreed between the parties that the Pacific Company shall have
the right to furnish the rails and fastenings required for the works, such rails to weigh at
least fifty-six pounds per yard, and, if they have been previously used they shall be suitable
for the traffic, and on such rails and fastenings being furnished, the Nakusp Company shall
pay the Pacific Company therefor the market price for new articles of the same description
delivered at Revelstoke.
Witness the corporate seal of each of the said parties and the signatures of its officials
below named, the additions and alterations opposite the initials W. V. having
been made before execution.
The Canadian Pacific Railway Company,
~^— . T. G. SHAUGHNESSY,
l.s.   \ Vice-President.
C.   DRINKWATER,
Secretary.
SPECIFICATIONS.
1st. The railway shall be a single track line, with gauge four feet eight and one-half
inches, with necessary sidings.
2nd. The alignments, gradient, and curvature shall be the best the physical features of
the country will admit of, the maximum grade not to exceed one hundred and thirty-two feet
to the mile, and the minimum curvature not to be of less radius than two hundred and ninety-
five feet.
3rd. In all wooded sections the land must be cleared to the width of not less than fifty
(50) feet on each side of the centre line ; all brush and logs must be completely burnt, and
none thrown on the adjacent land.
4th. All stumps must be grubbed out within the limits of cuttings under three feet in
depth, or embankments less than two feet in height.
5th. All stumps must be close cut where embankments are less than four feet and more
than two feet in height.
6th. Wherever the adjoining land is settled on, or occupied, or cultivated, and in all other
places where the Pacific Company shall decide it to be necessary and direct it to be done, the
railway must be enclosed with substantially built legal fences of wire or wood, with the
necessary gates and crossings.
7th. Road crossings, with cattle-guards and sign boards, shall be provided at all public
highways crossing the railway on a level with the rails.
8th. The width of cuttings at formation level shall be not less than eighteen (18) feet in
earth and sixteen (16) feet in rock, embankments not less than twelve (12) feet when settled
into place.
9 th. Efficient drainage must be provided by open ditches and under-drains.
10th. Round and flatted cedar, fir, tamarac, or pine timber, of suitable size and strength
may be used in permanent trestles and structures, and open or beam culverts in embankments
less than eight feet in height, and cattle-guards, may be of cedar, fir, or tamarac wood not less
than ten inches by ten inches, except the track stringers, which may be of sound pine,
fir, tamarac, or spruce timber, not less than twelve inches by fourteen inches. The spans shall
not exceed fifteen feet, and they shall be constructed on a plan to be approved by the
Government Engineer.    Superstructure of truss bridges may be of pine, tamarac, or Douglas fir. 1114 Nakusp and Slocan Railway. 1893
1 lth. The rails shall be of steel, weighing not less than fifty-six (56) pounds per lineal yard,
of approved section and with the most approved fish-plate, rails and fastenings transferred
from the main line of the Canadian Pacific Railway which have been previously in use will be
approved if suitable for the traffic.
12th. The railway must be well surfaced with either gravel or other suitable material.
The sleepers to be six inches face by six inches thick and eight feet long, two thousand six
hundred to the mile.
13th. In all other respects the railway shall be equal in character to the Canadian Pacific
Railway in British Columbia.
14th. Sufficient siding accommodation, stations, tanks, turn-tables, or Y's, and such other
structures and buildings as may be necessary to meet the requirements of the traffic shall be
also provided.
T. G. S.
This Indenture made the sixteenth day of August, A.D. 1893, between the Nakusp &
Slocan Railway Company (hereinafter called the Nakusp Company), of the first part, and the
Chief Commissioner of Lands and Works of the Province of British Columbia, of the second
part :
Whereas it is provided by the "Railway Aid Act, 1893," that as a condition precedent
to a guarantee of interest upon the bonds of the Nakusp Company by the Lieutenant-Governor
in Council, such Company shall have entered into an agreement with the Canadian Pacific
Railway Company or some other Railway Company for the operation of the line of the
Nakusp Railway for twenty-five (25) years in consideration of the receipt by them of forty per
cent. (40%) of the gross proceeds :
And whereas it is also among other things provided that, as a further condition precedent
to such guarantee, the Nakusp Company shall assign to the party of the second part all
benefits and advantage to accrue to the said Company under and by virtue of such agreement:
And whereas an agreement has been entered into between the Nakusp Company and the
Canadian Pacific Railway Company, of date the ninth day of August, 1893, to the effect
hereinbefore first recited, a copy of which agreement is hereunto annexed:
Now therefore this Indenture witnesseth that in pursuance of the premises and in
consideration of the sum of one dollar ($1.00) now paid by the party of the second part to the
party of the first part (the receipt whereof is hereby acknowledged), the party of the first part
doth hereby assign, transfer, and set over unto the party of the second part and his successors
in the office of Chief Commissioner of Lands and Works, in trust for Her Majesty in right of
the Province of British Columbia, all the interest of the said party of the first part in the
hereinbefore recited agreement between the Nakusp Company and the Canadian Pacific
Railway Company (a copy whereof is hereunto annexed), and every clause, covenant, article,
or thing therein contained, together with all benefit and advantage to accrue to the said
Nakusp Company under and by virtue of the said agreement.
And the party of the first part doth hereby make, nominate, constitute, and appoint the
party of the second part and his successors, as aforesaid, the true and lawful attorney and
attorneys of the said party of the first part, irrevocable for and in the name of the said party
of the first part, but for the use and benefit of the party of the second part in trust for Her
Majesty, as aforesaid, to demand from the said Canadian Pacific Railway Company performance of each and every of the covenants and conditions of the said hereinbefore mentioned
agreement on the part of the said Canadian Pacific Railway Company to be done and
performed, and also to demand and receive from the said Canadian Pacific Railway Company
all sums of money due and payable or to become due and payable under said agreement,
whether by way of rent, or of penalty, or liquidated damages, or otherwise howsoever, with
full power to the said party of the second part in the name of the said party of the first part,
but for his own use and benefit in trust, as aforesaid, to use and exercise all means and
remedies for the recovery thereof which by law or by the terms of the said agreement might
or could be used or exercised by the said party of the first part; the said party of the first
part hereby ratifying and confirming and agreeing to ratify and confirm all and whatsoever the
said party of the second part shall lawfully do or cause to be done in or about the premises by
virtue of these presents : 57  Vict. Nakusp and Slocan Railway. 1115
And the party of the first part will, from time to time, do and execute all such acts, matters,
deeds, writings, and things which may be necessary or convenient for the due carrying out of
this agreement, it being the intention that the party of the second part shall, in all matters
the benefit whereof might accrue to the party of the first part, stand in the place of the said
party of the first part, and may exercise all options and discretions which are by said agreement allowed to the party of the first part.
Witness the corporate seal of the said party of the first part and  the signatures of its
President and Secretary.
For the Nakusp & Slocan Railway Company.
(Sgd.)    A. W. JONES,
l.s.   \ President.
(Sgd.)    A. J. WEAVER BRIDGMAN,
Secretary.
Know all men by these presents that we, the Nakusp and Slocan Railway
Company as Principal, and Johann Wulffsohn as surety, are jointly and severally held and
firmly bound unto the Honourable John Herbert Turner, Minister of Finance of the Province
of British Columbia, in the penal sum of One Hundred Thousand dollars, ($100,000), for
which payment to be well and truly made we jointly and severally bind ourselves and our
successors, or heirs, executors or administrators, firmly by these presents, sealed with our
seals, dated this twenty-ninth clay of August, one thousand eight hundred and ninety-three :
Whereas under the "Railway Aid Act, 1893," it is provided that no guarantee shall be
given by the Government in aid of the Nakusp and Slocan Railway Company before the
completion of the work and acceptance thereof by the Dominion Government, unless and until
security satisfactory to the Lieutenant-Governor in Council shall have been given by the
Company for the payment by the Company of interest upon its bonds issued during construction which shall accrue during such period of construction.
And whereas the Nakusp and Slocan Railway Company have applied to the Government
for a guarantee (which the Government have assented to) of the interest upon the bonds of
the Company for the amount of Nine Hundred and Twenty-five Thousand dollars ($925,000):
Now therefore the condition of the above written obligation is such that if the above
bounden Nakusp and Slocan Railway Company shall well and truly pay and save harmless
and indemnified the Government of British Columbia of and from all interest moneys to accrue
due upon the bonds of the Company during construction, then the above written obligation is
to be void, otherwise to remain in full force and virtue.
Signed,  sealed and delivered
in the presence of
(Sgd.)    R, E. Brett.
The Nakusp and Slocan Railway Company,
(Sgd.)    A. W. JONES,
President.
(Sgd.)    A. J. WEAVER BRIDGMAN,
Secretary-Treasurer.
(Sgd.)    JOHANN WCJLLFSHON.
VICTORIA, B.C.:
Printed liy Richard Woi.fendbn, Printer to the Queen's Most Excellent Majesty. 57 Vict. Nakusp and Slogan Railway. 1117
FURTHER   PAPERS
RELATING   TO   THE
NAKUSP AND SLOCAN RAILWAY.
Certified copy of an Order in Council, approved by His Honour the Lieutenant-Governor on
the 15th day of June, 1893.
On the recommendation of the Honourable the Chief Commissioner of Lands and Works,
His Honour the Lieutenant-Governor, by and with the advice of the Executive Council, has
been pleased to order, and it is hereby ordered, that a strip of land one mile in width on each
side of a line commencing from a point at the mouth of Nakusp Creek ; thence following said
creek to Box Lake, a distance of seven miles, more or less ; thence, following the stream
flowing into Slocan Lake, a distance of twelve miles, more or less, to Slocan Lake; thence
following the shore of Slocan Lake to the mouth of Wilson Creek ; thence following Wilson
Creek for two miles, more or less, to a point on Carpenter Creek, about three miles above its
mouth ; thence following said Carpenter Creek to a point known as the Forks of Carpenter
Creek, be and is hereby reserved from lease, sale or settlement, in furtherance of the construction of the Nakusp and Slocan Railway, until further notice.
A. Campbell Reddie,
Deputy Clerk, Executive Council.
Certified copy of an Order in Council, approved by His Honour the Lieutenant-Governor on
the 25th day of July, 189S.
His Honour the Lieutenant-Governor, by and with the advice of the Executive Council,
has been pleased to order, and it is hereby ordered, that the Honourable the Chief Commissioner of Lands and Works, be, and is hereby, authorized to execute the Agreement hereto
attached, made and entered into between the Nakusp and Slocan Railway of the first part,
and the Honourable Forbes George Vernon, Chief Commissioner of Lands and Works for the
Province of British Columbia, acting on behalf of the Province of British Columbia, of the
second part.
A. Campbell Reddie,
Deputy Clerk, Executive Council.
Certified copy of an Order in Council approved by His Honour  the Lieutenant-Governor on
the 18th day of August, 1893.
It is hereby ordered by His Honour the Lieutenant-Governor, by and with the advice of
His Executive Council, and in pursuance and exercise of the power vested in His Honour by
the "Railway Aid Act, 1893," that, this 18th day of August, 1893, be, and is hereby fixed as
the day upon which the said "Railway Aid Act, 1893," shall come into force with respect to
the Nakusp and Slocan Railway Company.
A. Campbell Reddie,
Deputy Clerk, Executive Council, 1118 Nakusp and Slocan Railway. 1894
Certified copy of an Order in Council, approved by His Honour the Lieutenant-Governor on
the 1st day of September, 1893.
Whereas the Nakusp and Slocan Railway Company have deposited in the Treasury of the
Province the sum of $118,400, being an amount equal to the Dominion Government subsidy
expected to be granted in aid of the Railway, and have otherwise complied with the provisions
of the "Railway Aid Act, 1893."
His Honour the Lieutenant-Governor, by and with the advice of His Executive Council,
is pleased to order as follows :—
1. That the Minister of Finance be and is hereby authorized to endorse Bonds of the
Company, guaranteeing interest at four per cent, for twenty-five years, at the rate of four per
cent, per annum, upon the sum of $925,000.
2. That the said Bonds, together with the coupons thereof, which the Minister of Finance
is also hereby authorized to sign, or to have affixed by printed fac simile, be deposited with
the Bank of British Columbia in escrow, pursuant to the terms of the Agreement attached to
the Order in Council bearing date the 25th day of July, 1893.
A. Campbell Reddie,
Deputy Clerk, Executive Council.
Certified copy of an Order in Council, approved by His Honour the Lieutenant-Governor on
the 6th day of September, 1893.
His Honour the Lieutenant-Governor, by and with the advice of His Executive Council,
has been pleased to order, and it is hereby ordered, that the Honourable the Minister of
Finance be, and is hereby, authorized to execute the Memorandum of Agreement, hereto
attached, made and entered into between the "Nakusp and Slocan Railway Company," the
Bank of British Columbia, Messrs. Wulffsohn and Bewicke, Limited, and the Honourable the
Minister of Finance, acting for and on behalf of the Province of British Columbia.
A. Campbell Reddie,
Deputy Clerk, Executive Council.
Victoria, B.C., August 23rd, 1893.
Sir,—I have much pleasure in advising you that the Honourable the Chief Commissioner
of Lands and Works has been pleased to appoint you to act as Government Engineer on the
Nakusp and Slocan Railway, in furtherance of the provisions of " An Act in aid of certain
Railways" (56 Vict., Ch. 37).
You will please proceed to Nakusp without delay, and at once enter upon a supervision
of the work of construction on behalf of this Department, and report progress from time to
time.
You will be furnished with a copy of plans, profiles, and specifications upon application
to the Company, and I herewith hand you an extract from the agreement between the
Honourable the Chief Commissioner of Lands and Works and the Company relative to the
rate per mile which the latter are to receive for construction.
You will look to the Company for your remuneration, which will be at the rate of $150.00
per month, and in addition your reasonable expenses for board and lodging while engaged on
the works, and travelling expenses to Nakusp and return to Victoria.
I have, &c.,
(Signed)        W. S. Gore,
Deputy Commissioner of Lands and Works,
Ed. Mohun, Esq., C-E., P.L.S.,
Victoria, B.C. 57 Vict. Nakusp and Slogan Railway. 1119
Certificate No.  1.
This is to certify, in accordance with the provisions of the " Railway Aid Act, 1893,"
and with clause 7 of an agreement made thereunder between the Company and the Chief
Commissioner of Lands and Works, and dated 9th August, 1893, that the Nakusp and Slocan
Railway Company are entitled to receive the sum of $44,870.56, being 90 per cent, of the
value of the work performed by them on the construction of their railway, as per Estimate
No. 1 from the Superintending Engineer. (Signed)        F. G. Vernon,
Chief Commissioner of Lands and  Works.
Lands and   Works Department,
Victoria, B.C,, 11th September, 1893.
Nakusp and Slocan Railway, Estimate No. 1 (for the month of August, 1893).
Description of Work. Value.
Clearing and burning 167 ^ acres @ $65  $10,897 90
Grading, &c, 4 T4„ miles @ $8,176.15  35,975 06
1,300 feet of main track @ $4,692 a mile  1,155 22
10 tons of rails and fastenings on grade  400 00
8,400 ties on grade @ 17 cents  1,428 00
$49,856 18
Certified correct.
(Signed)        Edward Mohun,
1st September, 1893. Government Engineer.
Certificate No. 2.
This is to certify, in accordance with the provisions of the " Railway Aid Act, 1893,"
and with clause 7 of an agreement made thereunder between the Company and the Chief
Commissioner of Lands and W^orks, and dated 9th August, 1893, that the Nakusp and Slocan
Railway Company are entitled to receive the sum of $137,508.71, being 90 per cent, of the
value of the work performed by them on the construction of their railway, as per Estimate
No. 2 from the Superintending Engineer. (Signed)        F. G. Vernon,
Chief Commissioner of Lands and Works.
Lands and Works Department,
Victoria, B.C., 12th October, 1893.
Nakusp and Slocan Railway, Estimate No. 2.
Clearing—
194.10 acres, $ 65 . .    $12,616 50
81.10    ,.        120        9,753 60
 $ 22,370 10
Grading—
From St. 0 + 00 to St. 890 + 00, 80,328 lin. ft. @ $8,107.70 f
mile    123,347 65
14,742 lin. ft, @ $7,441.10 per mile      20,775 89
 144,123 54
Rails and Fastenings—
624 tons @ $40      24,960 00
Ties--
55,000 @ $0.17 ,        9,350 00
Tracklaying—
3 ^o miles @ $250 f mile  780 00
Ballasting—
2.65 @ $400 f mile        1,060 00
202,643 64
Less amount previously returned      49,856 18
Certified correct. $152,787 46
(Signed)    Edward Mohun,
Government Engineer, 1120 Nakusp and Slogan Railway. 1894
Certificate No. 3.
This is to certify, in accordance with the provisions of the " Railway Aid Act, 1893,'
and with clause 7 of an agreement made thereunder between the Company and the Chief
Commissioner of Lands and Works, and dated 9th August, 1893, that the Nakusp and Slocan
Railway Company are entitled to receive the sum of $109,096.16, being 90 per cent, of the
value of the work performed by them on the construction of their railway as per Estimate
No. 3 from the Superintending Engineer.
(Signed)    F. G.  Vernon,
Chief Commissioner of Lands and Works.
Lands and Works Department,
Victoria, B. C, 8th November, 1893.
Progress Estimate to 1st November, 1893, from Nakusp to head of Slocan Lake—23.41 miles.
Clearing—
192Ty_ acreS @ $65 $ acre    $ 12,530 31
76.77 acres @ $120 f acre  9,212 40
Grading—
From St. OtoSt. 890, 87,641 lineal feet@$8,107.70f mile. .     134,577 06
From St. 890 to St. 1,242, 28,799 lineal feet @ $7,441.10 $
mile ,       40,587 82
Rails and fastenings—
835 tons @ $40 ty ton            33,400 00
Ties—
60,866 @ $0.17        10,347 22
Track-laying—
38,793 feet @ $250 f mile  1,836 79
Ballasting—
32.706 feet @ $400 1* mile  2,477 73
 $244,969 33
From head of Slocan Lake to Wilson Creek—5.17 miles.
Clearing—
62.67 acres @ $120 1* acre    $     7,520  40
Grading—
17,055 feet @ $10,910 f mile        35,240 54
Ties—
13,600 ties @ $0.17  2,312 00
 45,072 94
From Three Forks to Wilson Creek—7.93 miles.
Clearing—
53.26 acres @ $120 f acre     $    6,391  20
Grading—
7,024 feet @ $18,557.25 $ mile        24,743 00
Ties—
15,786 @ $0.17    2,684 13
 33,818 33
$323,861 60
Less amount previously returned      202,643 64
$121,217 96
Certified correct.
(Signed)    Edward Mohun,
Government Engineer, 57 Vict. Nakusp and Slocan Railway. 1121
Certificate No. 4.
This is to certify, under authority of Section 7 of the "Railway Aid Act, 1893," that the
Nakusp and Slocan Railway Company are entitled to receive the sum of $68,570.00, being the
value of 1,714| tons of rails, &c, for the use of their railway, and now stored at Revelstoke,
as per the report of the Superintending Engineer, dated 4th December, 1893.
Lands and Works Department,
Victoria, B. C, 11th December, 1893.
(Signed)        F.  G.  Vernon,
Chief Commissioner of Lands and Works.
Certificate No. 5.
This is to certify, in accordance with the provisions of the "Railway Aid Act, 1893," and
with clause 7 of an agreement made thereunder between the Company and the Chief Commissioner of Lands and Works, and dated 9th August, 1893, that the Nakusp and Slocan
Railway Company are entitled to receive the sum of $125,375.54, being 90 % of the value of
the work performed by them on the construction of their railway, as per Estimate No. 5 from
the Superintending Engineer.
(Signed)        F. G. Vernon,
Chief Commissioner of Lands and Works.
Lands and Works Department,
Victoria, B. C, 30th December, 1893.
Nakusp and Slocan Railway.
Progress Estimate, 28th December, 1893.
Nakusp to Head of Slocan Lake.—About 23J- miles.
Clearing—
192 ^ acres, $ 68  $12,530 31
76 ^     „       120  9,212 40
Grading—
Station 0.00 to Station 890, 87,758 feet @ $8,107.70 ^ mile . 134,756 73
Station 890 to 1,242, 34,965 feet @ $7,441.10 f mile  49,276  15
Rails and fastenings—
835 tons, $40 ,  33,400 00
Ties—
60,450, $0.17    10,276 50
Tracklaying—
38,793 feet @ $250 ^ mile  1,836 79
Ballasting 38,793 feet @ $400    2,940 57
 $254,229 45
Head of Slocan Lake to   Wilson Creek.—About 5\ miles.
Clearing—
62.67 acres, $120 $    7,502 40
Grading—
26,900 feet @ $10,910 f mile      55,583 12
Ties—
13,260 @ $0.17   2,254 20
 65,339 72 1122 Nakusp and Slogan Railway. 1894
Three Forks of Carpenter Creek to Wilson Creek.—About 7 miles.
Clearing—
91.39 acres, $120      10,966 80
Grading—
36,736 feet @ $18,557.25 f mile     129,113 47
Ties—
20,696 @ $0.17   3,518 32
 143,598 59
463,167 76
Less amount of previous estimate    323,861  60
$139,306  16
Correct.
Edward Mohun,
Government Engineer.
victoria, b. C:
Printed by Ricuard Wolfenden, Printer to the Queen s Most Excellent Majesty.

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