BC Sessional Papers

COPIES OF CERTAIN RAILWAY CONTRACTS. British Columbia. Legislative Assembly 1902

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 COPIES OF CERTAIN RAILWAY CONTRACTS.
Contract  for  Railroad  from   Boundary  Creek  to  Robson.
This Agreement entered into the eighth day of July, one thousand eight hundred and
ninety-eight, between Her Majesty the Queen, as represented by the Honourable J. H. Turner,
Premier and Minister of Finance for the Province of British Columbia, and the Honourable
D. M. Eberts, Attorney-General for the said Province, hereinafter called " the Government,"
of the first part, and the Columbia and Western Railway Company, an incorporated railway
company having their head office at Trail Landing, in the Province of British Columbia,
hereinafter called "the Contractors," of the second part.
Whereas the "British Columbia Public Works Loan Act, 1897," as amended by an Act
entitled " An Act to amend the British Columbia Public Works Loan Act, 1897," granted for
and in aid of the constructing of certain railways therein designated, subject to the conditions
therein contained and to be paid out of the moneys raised under the said first-mentioned Act,
a sum not exceeding four thousand dollars for each mile of railways designated for that purpose,
amongst other railways a standard gauge railway from Robson to the Boundary Creek District,
approximately eighty miles, to connect with a standard gauge railway from Penticton to the
Boundary Creek District, approximately one hundred miles in length, and authorised the
Lieutenant-Governor in Council to enter into all agreements with any person or company
undertaking the construction of any railway to which a subsidy is thereby attached, which
may be necessary or convenient for the due construction and operation of such railway; such
agreements in every instance, in addition to other matters therein provided for, to contain
certain provisions set out in the said Act; and enacted that in the case of the line from
Robson to the Boundary Creek District being built by a company entitled to a land grant for
the construction of such line, the subsidy therein authorised should only be paid to such
company on its giving up its claim to the land grant for such portion of its line :
And whereas the said parties have agreed as follows :—
Now these presents witness that the Contractors covenant that they will lay out, construct,
equip and fully complete, with proper terminal facilities, a standard gauge railway from Robson
to the Boundary Creek District, approximately eighty miles (to connect with a standard gauge
railway from Penticton to the Boundary Creek District, approximately one hundred miles in
length), such railway to be so constructed as aforesaid to be of standard gauge and similar in
character to other railways, by whomsoever owned, now in like territory south of the Canadian
Pacific Bailway Company's main line in British Columbia, and when completed, the Contractors will thereafter continuously maintain and operate the same for ever, the said railway to
be the property of the Contractors :
And the Government covenants that in aid of the construction of the said line of railway
which the Contractors have covenanted to construct as aforesaid, the Government will grant
to the Contractors for each mile thereof the sum of four thousand dollars in cash:
Provided always, that unless work is commenced on the railway so to be constructed by
the Contractors as aforesaid within fifteen months from the eighth day of May, one thousand
eight hundred and ninety-seven, and is duly and diligently prosecuted to the satisfaction of the
Lieutenant-Governor in Council, all right and claim to the aforesaid subsidy shall be cancelled
and forfeited, and provided further that the aforesaid subsidy shall not be payable until the 1368 Certain Railway Contracts. 1902
said railway, which the Contractors have hereinbefore covenanted to construct as aforesaid, is
completed and in running order, to the satisfaction of the Lieutenant-Governor in Council;
the above covenant of the Contractors being security satisfactory to the Lieutenant-Governor
in Council for the continuous maintenance and operation of such railway, and being taken as
fulfilling that condition precedent within the meaning of the said Act.
Wherever the said line of railway as located runs through waste lands of the Crown," the
Government shall reserve for the purposes of the said railway all lands that are necessary for
right of way, station yards and grounds, terminal buildings and other requirements of the
railway, and shall, upon the completion of the said railway, issue to the Contractors the Crown
grant for such lands.
The Contractors may, with the consent of the Chief Commissioner of Lands and Works
for the said Province, and without compensation therefor, enter upon and take from any public
lands adjacent to or near the line of the said railway, all stone, timber, gravel and other
material which may be necessary or useful for the construction of the said railway, and may
also, where necessary, fill in and deposit material upon any public lands.
And these presents further witness that the Contractors, in consideration of the covenants
on the part of the Government hereinbefore contained and the payment of the said cash
subsidy in aid of the construction of the said railway as aforesaid, do hereby release to the
Government forever, and give up their claim to any land grant from the Province of British
Columbia to which they might at any time be entitled in respect of such portion of their line
as they have hereinbefore contracted to construct as aforesaid, provided that nothing herein
shall affect the right of the Contractors to any land grant to which they may be entitled in
respect to their railway already constructed between Rossland and Robson, or any portion of
their railway other than that which they have herein contracted to construct as aforesaid.
In witness whereof this agreement has been duly executed the day and year first above
written.
COLUMBIA AND WESTERN RAILWAY CO.
(Signed)        T. G. Shaughnessy,
[l. s.] President.
(Signed)        H   Campbell Oswald,
Secretary. 2 Ed. 7 Certo\in Railway Contracts. 1369
Contract   for  Railroad  from   Penticton   to  Boundary  Creek.
This Agreement entered into the fifteenth day of June, eighteen hundred and ninety?-
eight, between Her Majesty the Queen, represented by the Honourable J. H. Turner, Premier
and Minister of Finance for the Province of British Columbia, and the Honourable D. M.
Eberts, Attorney-General for the said Province, hereinafter called the Government, of the first
part, and William Mackenzie, of the City of Toronto, in the Province of Ontario, Contractor,
and Donald D. Mann, of the City of Montreal, in the Province of Quebec, Contractor, hereinafter called the Contractors, of the second part:
Whereas the Government have been empowered by an Act, intituled the "British
Columbia Public Works Loan Act (1897) Amendment Act, 1898," to grant a cash subsidy not
exceeding the sum of four thousand dollars per mile in aid of the construction of a standard
gauge railway from Penticton to the Boundary Creek District, in British Columbia, being
approximately one hundred miles in length :
And whereas it is contemplated in the said Act, as shown by the recitals thereof, that
additional aid should be granted for the construction of the said railway by the Dominion
Government:
And whereas the Contractors have agreed with the Government, in consideration of
receiving the said cash subsidy of four thousand dollars per mile, to build the said standard
gauge railway on the terms and conditions, and subject to the provisions hereinafter in this
Agreement set out:
Now, therefore, this Agreement witnesseth, as follows :—
1. The Contractors covenant with the Government to lay out, construct, equip and fully
complete (or cause to be laid out, constructed, equipped and fully completed) a line of railway
with proper terminal facilities, from Penticton to the Boundary Creek District, in the Province
of British Columbia, the said railway when fully completed to be of standard gauge, and of
the general standard of railways of like gauge in the same district of the said Province:
Provided that the said railway shall be the property of the Contractors.
2. The Contractors will commence work on the construction of the said railway on or
before the 8th day of August, 1898, at Penticton, as aforesaid, and will duly and diligently
prosecute the same from Penticton aforesaid, to the satisfaction of the Lieutenant-Governor
in Council, otherwise no subsidy to be paid.
3. The Contractors shall, upon the execution of this contract, give security to the
Government for the due performance of the whole work herein provided for, in the sum of
thirty-seven thousand five hundred ($37,500) dollars, as provided in the security of even date
herewith; and, upon the said i-ailway being completed as herein specified, the said security
shall be returned to the Contractors, or their nominees, and if such security or any part
thereof be deposited in cash, interest at the rate of three per centum per annum thereon shall
be paid by the Government to the Contractors for the time such cash has been so deposited.
4. In aid of the construction of the said line of railway the Government shall grant to
the Contractors for each mile of said railway of approximately one hundred miles, the sum of
four thousand dollars in cash, payable when and so soon as the said railway has been completed
and is in running order to the satisfaction of the Lieutenant-Governor in Council, and the
bond of the then owners of the said railway, or other security or guarantee satisfactory to
the Lieutenant-Governor in Council has been given for the maintenance and operation of such
railway.
5. In case the Contractors cause the said railway to be built under the charter of any
railway company to whom the Government has heretofore granted, or been authorised to grant,
any land subsidy, then, and in that case, the subsidy herein authorised shall only be paid to
the Contractors upon such company giving up its claim to the land grant for the railway herein
contracted to be built. 1370
Certain Railway Contracts.
1902
6. The Contractors will cause the said line of railway to be built under the charter of the
Vancouver, Victoria and Eastern Bailway and Navigation Company : Provided always, that
the Contractors are enabled to obtain control of the said charter under a certain agreement
entered into between the Contractors and certain promoters and provisional directors of the
said company, and dated on or about the 23rd day of September, 1897.
7. Whenever the said line of railway, as located, runs through waste lands of the Crown
the Government shall reserve, for the purposes of the said railway, all lands which the
Lieutenant-Governor in Council shall deem necessary for right of way, station yards and
grounds, terminal buildings, and other requirements of the railway, and shall, upon the completion of the said railway, issue to the Contractors the Crown grant for such lands.
8. The Contractors may, with the consent of the Chief Commissioner of Lands and
Works for the said Province, and without compensation therefor, enter upon and take from
any public lands adjacent to or near the line of the said railway all stone, timber, gravel and
other material which may be necessary or useful for the construction of the said railway, and
may also, where necessary, fill in and deposit material upon any public lands.
9. If the Contractors fail to perform the obligation assumed by them under this contract,
they shall be liable only as provided in the security furnished for the performance of this
contract.
10. The covenants and provisions herein contained shall, respectively, extend to and be
binding upon the executors, administrators, successors and assigns of the parties hereto.
In Witness whereof this Agreement has been duly executed the day and year first
above-mentioned.
Signed, sealed and delivered by the
Contractors, in the presence of
(Signed)        Arthur G. Smith.
Signed and delivered by the Honourable J. H. Turner, and the Honourable D. M. Eberts, in the presence of
(Signed)        Arthur G. Smith.
(Signed)        WM. MACKENZIE,    [s.]
By his Attorney,
D. D. Mann.
(Signed)        D. D. MANN. [s.]
(Signed)        J. H. TURNER, [s.]
(Signed)        D. M. EBERTS. [s.] 2 Ed. 7 Certain Railway Contracts. 1371
Contract   for   Railroad   from   Coast   to   Penticton.
This Agreement entered into the fifteenth day of June, eighteen hundred and ninety-
eight, between Her Majesty the Queen, represented by the Honourable J. H. Turner, Premier
and Minister of Finance for the Province of British Columbia, and the Honourable D. M.
Eberts, Attorney-General for the said Province, hereinafter called the Government, of the first
part, and William Mackenzie, of the City of Toronto, in the Province of Ontario, contractor,
and Donald D. Mann, of the City of Montreal, in the Province of Quebec, contractor, hereinafter called the Contractors, of the second part:
Whereas the Government have been empowered by an Act intituled the "British Columbia
Public Works Loan Act, 1897, Amendment Act, 1898," to grant a cash subsidy not exceeding
the sum of four thousand dollars per mile in aid of the construction of a standard gauge railway
from the coast of British Columbia, in the neighbourhood of English Bluff, near Point Roberts,
via Chilliwhack to Penticton, being approximately two hundred and thirty miles in length :
And whereas it is contemplated in the said Act, as shown by the recitals thereof, that
additional aid should be granted for the construction of the said railway by the Dominion
Government :
And whereas the Contractors have agreed' with the Government, in consideration of
receiving the said cash subsidy of four thousand dollars per mile, to build the said standard
gauge railway on the terms and conditions, and subject to the provisions hereinafter in this
Agreement set out:
Now, therefore, this Agreement witnesseth as follows : —
1. The Contractors covenant with the Government to lay out, construct, equip and fully
complete (or cause to be laid out, constructed and fully completed) a line of railway, with
proper terminal facilities, from the coast of British Columbia in the neighbourhood of English
Bluff, via Chilliwhack to Penticton, the said railway, when fully completed, to be of standard
gauge and of the general standard of railways of like gauge in the same district of the said
Province ; provided that the said railway shall be the property of the Contractors.
2. The Contractors will commence work on the construction of the said railway on or
before the 8th day of May, 1899, and will duly and diligently prosecute the same to the
satisfaction of the Lieutenant-Governor in Council, otherwise no subsidy to be paid.
3. The Contractors shall, upon the execution of this contract, give security to the
Government for the due performance of the whole work herein provided for in the sum of
thirty-seven thousand five hundred dollars, as provided in the security of even date herewith,
and upon the said railway being completed as herein specified, the said security shall be
returned to the Contractors or their nominees, and if such security, or any part thereof, be
deposited in cash, interest thereon at the rate of three per cent, per annum shall be paid by
the Government to the Contractors for the time such cash has been so deposited.
4. In aid of the construction of the said line of railway, the Government shall grant to
the Contractors for each mile of railway of approximately two hundred and thirty miles, the
sum of four thousand dollars in cash, payable when and so soon as the said railway has been
completed and is in running order to the satisfaction of the Lieutenant-Governor in Council, and
the bond of the then owners of the said railway, or other security or guarantee satisfactory to
the Lieutenant-Governor in Council has been given for the maintenance and operation of the
said railway.
5. In case the Contractors cause the said railway to be built under the charter of any
railway company to whom the Government has heretofore granted, or been authorised to grant,
any land subsidy, then and in that case the subsidy herein authorised shall only be paid to the
Contractors upon such company giving up its claims to the land grant for the railway herein
contracted to be built. 1372
Certain Railway Contracts.
1902
6. The Contractors will cause the said line of railway to be built under the charter of the
Vancouver, Victoria and Eastern Bailway and Navigation Company, provided always that the
Contractors are enabled to obtain control of the said charter under a certain agreement
entered into between the Contractors and certain promoters and provisional directors of the
said company, and dated on or about the 23rd day of September, 1897.
7. Wherever the said line of railway, as located, runs through waste lands of the Crown,
the Government shall reserve, for the purposes of the said railway, all lands which the
Lieutenant-Governor in Council shall deem necessary for right of way, station yards and
grounds, terminal buildings and other requirements of the railway, and shall, upon completion
of the said railway, issue Crown grants to the Contractors for such lands.
8. The Contractors may, with the consent of the Chief Commissioner of Lands and Works
for the said Province, and  without compensation therefor,  enter and take from  any public
"lands adjacent to or near the line of the said railway, all stone, timber, gravel and other
material which may be necessary or useful for the construction of the said railway, and may
also, where necessary, fill in and deposit material upon any? public lands.
9. If the Contractors fail to perform the obligation assumed by them under this contract
they shall be liable only as provided in the security furnished for the performance of this
contract.
10. The covenants and provisions herein contained shall respectively extend to and be
binding upon the executors, administrators, successors and assigns of the parties hereto.
Signed, sealed and delivered by the"
Contractors in the presence of
Arthur G. Smith.
""WILLIAM MACKENZIE, [seal]
By his Attorney,
D. D. Mann. [seal]
D. D. MANN. .          [seal]
Signed, sealed and delivered by the"1
Hon. J. H. Turner and the Hon. D. M.
Eberts in the presence of
Arthur G. Smith.
J. H. TUBNER.
D. M. EBERTS.
[seal]
[seal]
victoria B. C:
Printed by Richard Wolfenden, Printer to the King's Most Excellent Majesty.
1902.

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