"ff148e65-7fdb-4fee-94c5-a7b9a4e94690"@en . "CONTENTdm"@en . "CORRESPONDENCE--C.P.R. EXTENSION TO COAL HARBOUR."@en . "http://resolve.library.ubc.ca/cgi-bin/catsearch?bid=1198198"@en . "Sessional Papers of the Province of British Columbia"@en . "British Columbia. Legislative Assembly"@en . "2016-06-24"@en . "[1886]"@en . "https://open.library.ubc.ca/collections/bcsessional/items/1.0061670/source.json"@en . "application/pdf"@en . " RETURN\nTo an Address of the Legislative Assembly for copies of all Orders in Council, correspondence, telegrams, agreements and communications between the Government of\nBritish Columbia, or any of its members, and the Canadian Pacific Railway\nCompany, or any one on their behalf, respecting the proposed extension of the\nrailway from Port Moody to Coal Harbour and English Bay, together with a\ncopy of any grant of land made to the above Company, or to trustees in their\nbehalf, together with a copy of the bond for the completion of the said work.\nBy Command.\nWM. SMITHE,\nChief Commissioner of Lands and Works.\nLands and Works Department.\n9th March, 1886.\nMr. Van Home to the Chief Commissioner of Lands and Works.\nThe Canadian Pacific Railway Company,\nOffice of the Vice-President,\nMontreal, 10th December, 1884.\nDear Sir,\u00E2\u0080\u0094This letter will serve as an introduction for Mr. Henry Beatty, the manager\nof our steamship lines and lake traffic, who goes out to British Columbia in the special capacity\nof general and confidential agent of the Company in matters relating to our Pacific terminus.\nAny agreement that Mr. Beatty may make, relating thereto, will be ratified by the Company.\nYours truly,\n(Signed) W. C. Van Horne,\nVice-President.\nThe Chief Commissioner of Lands and Works to Mr. Beatty.\nLands and Works Department,\nVictoria, B. C, January 31st, 1885.\nSir,- -Referring to our conversation upon the subject of persons who had located upon\nlots in the townsite of Granville previous to the date of Mr. Van Home's visit to that place, I\nhave now the honour to request that you will, on behalf of the Canadian Pacific Railway\nCompany, authorize me to inform all such persons as shall be found to have located in a bona\nfide 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\nhundred dollars. So far as I have information, the number will not exceed a dozen.\nI have, &c,\n(Signed) Wm. Smithe,\nChief Commissioner of Lands and Works.\nMr. Beatty to the Chief Commissioner of Lands and Works.\nVictoria, B. O, 31st January, 1885.\nDear Sir,\u00E2\u0080\u0094I have the honour to acknowledge the receipt of your letter of this date,\nregarding bona fide occupants who made substantial improvements on lots in the town plot of\nGranville previous to Mr. Van Home's visit. In the conversation I had the pleasure of 458 Correspondence\u00E2\u0080\u0094C. P. R. Extension to Coal Harbour. 1886\nholding with you on this subject, it was understood that $250 would be considered, under the\ncircumstances, a fair price to fix on these lots ; but if since the date of our conversation you\nhave considered the question more fully and think that figure excessive, I am willing, on\nbehalf of the Company, to accede to your wishes and have the price fixed at $200.\nI 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\nhappening, there would be no opposition raised on their part, provided the Company granted\nthem lots as well situated as those they now occupy.\nI have, &e.,\n(Signed) Henry Beatty.\nOn behalf of the Canadian Pacific Railway Company, I agree to the within arrangement.\n(Signed) W. C. Van Horne,\nVictoria, 10th November, 1885. Vice-President.\n[Telegrams.]\nVictoria, B. C, February 13th, 1885.\nTo W. C. Van Home,\nManager C. P. R. Co., Montreal.\nBefore proceeding further, Government will require absolutely that clause be added to\nagreement to provide for non-employment of Chinese on work of extension railway west of\nPort Moody.\n(Signed) Wm. Smithe.\nMontreal, February 15th, 1885.\nTo Hon. Wm. Smithe.\nDirectors would be glad to relieve Government of any difficulty in matter, but cannot\nsafely agree to stipulation not to employ Chinese labour on construction of the extension of\nthe line from Port Moody to English Bay without extension of time for at least one season, as\nwe can't get men in from the coast until railway is connected through. Our information as to\nsupply of white labour on the Pacific Coast is such that we would not be justified in depending\nupon it for the completion of the work in the stipulated time.\n(Signed) W. C. Van Horne.\nVictoria, February 17th, 1885.\nTo W. C. Van Horne, Montreal.\nI think could carry extension time for completion from early summer eighty-six to end\nDecember same year, on condition Chinese clause, but not longer. Immediate answer.\nMeasure coming up to-morrow.\n(Signed) Wm. Smithe.\nOttawa, Ont., February 18th, 1885.\nTo Hon. Wm. Smithe.\nOur President agrees with me that it would be extremely unwise and unsafe to agree to\nproposed stipulation without extension of time at least one year.\n(Signed) W. C. Van Horne.\nMontreal, Can., February 20th, 1885.\nTo Hon. Wm: Smithe, Victoria.\nFrom information received, think we can safely consent to stipulation if time extended to\nend season eighty-six.\n(Signed) W. C. Van Horne. 49 Vic. Correspondence\u00E2\u0080\u0094C P. R. Extension to Coal Harbour. 459\nThe Chief Commissioner of Lands and Works to Messrs. Drake, Jackson & Helmcken.\nLands and Works Office,\nVictoria, B. O, February 23rd, 1885.\nGentlemen, \u00E2\u0080\u0094 I have the honour to enclose a letter to the Manager of the Canadian Pacific\nRailway Company covering agreeiient for extension of the Canadian Pacific Railway to, and\nthe establishment of the terminus of said railway at, Coal Harbour and English Bay. I have\nalso the honour to enclose copy of letter to the Manager of the Hastings Saw-Mill Company\nrelative to the granting of a fresh lease to a portion of the land now leased to the Company.\nYou will be good enough to forward the papers in question to the Manager of the Canadian\nPacific Railway Company with as little delay as possible.\nI have, etc.\n(Signed) Wm. Smithe,\nChief Commissioner of Lands and Works.\nThe Chief Commissioner of Lands and Works to the Manager of the Hastings\nSaw-Mill Company.\nLands and Works Department,\nVictoria, B. C, February 23rd, 1885.\nSir,\u00E2\u0080\u0094In reference to the request of your company for a renewal of their lease, I have the\nhonour to state that upon your complying with the provisions of the Land Act the Government\nwill grant a lease for timber cutting purposes of so much of the leased ground as is included\nwithin the tract colored pink on the plan attached, to commence from the expiration of the old\nlease, for a term of five years, at a rental of ten cents per acre, upon condition of the Company\nat once surrendering to the Crown a strip of land commencing at a point one chain south of\nthe south-westerly corner of Lot 302, Group 1; thence due west to the eastern boundary line\nof the Government Reserve at Point Grey; thence due north to the water; thence easterly along\nthe shore line to the north-westerly corner of Lot 302; thence southerly along the westerly line\nof the said lot to the south-west corner thereof ; and thence south to the point of commencement;\nand upon the further condition of the Company agreeiirg to surrender to the Crown, or its\nassigns, at the expiration of the first two years of the fresh lease, an additional strip of land a\nhalf mile in depth, lying immediately to the south and along the southern boundary of the strip\nof land in this letter first mentioned to be surrendered.\nI have, etc.,\n(Signed) Wm. Smithe,\nChief Commissioner of Lands and Works.\nCopy of a Report ofi a Committee ofi the Honourable the Executive Council, approved by His\nHonour the Lieutenant-Governor the 23rd February, 1885.\nOn a memorandum from the Hon. the Chief Commissioner of Lands and Works, dated\n23rd February, 1885, enclosing a draft agreement (with a map annexed thereto) relative to the\nwestern terminus of the Canadian Pacific Railway, and recommending that he be authorized\nto execute, on behalf of Her Majesty, the said agreement.\nThe Committee advise approval.\nCertified,\n(Signed) Jno. Robson,\nClerk Executive Council. 460 Correspondence.\u00E2\u0080\u0094C. P. R. Extension to Coal Harbour. 1886\nThe Chief Commissioner of Lands and Works to Mr. Van Home.\nLands and Works Office,\nVictoria, B. C, Feb. 23rd, 1885.\nSir,\u00E2\u0080\u0094I have the honour to enclose herewith agreement for the extension of the Canadian\nPacific Railway to, and the establishment of the terminus of the said Railway at, Coal Harbour\nand English Bay.\nBe good enough to return it duly executed at your earliest covenience.\nI have, &c,\n(Signed) Wm. Smithe,\nChief Commissioner of Lands and Works.\nAgreement between the Government of British Columbia and the Canadian Pacific\nRailway Company.\nThis Agreement made the 23rd day of February, A. D. 1885, between Her Majesty\nQueen Victoria, represented by the Honourable the Chief Commissioner of Lands and Works\nof 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.\nWhereas the Government of the Dominion of Canada have declared and adopted Port\nMoody as the Western Terminus of the Canadian Pacific Railway ;\nAnd whereas it is in the interest of the Province of British Columbia and of the Company\nthat the main line should be extended westerly from Port Moody to English Bay and Coal\nHarbour, and that the terminus of the said railway should be at Coal Harbour and English\nBay, and that terminal workshops and docks should be erected there;\nAnd whereas negotiations relating to such extension have for some time been pending\nbetween the said Chief Commissioner and the said Company, which have resulted in the agreement hereinafter contained.\nNow this agreement witnessetii that, for the considerations hereinafter expressed, the said\nCompany hereby covenant and agree with Her Majesty, Her heirs and successors, in manner\nfollowing, that is to say :\u00E2\u0080\u0094\n1. The said Company shall extend the main line of the Canadian Pacific Railway to Coal\nHarbour and English Bay, and shall for ever hereafter maintain and equip such extension as\npart of the main line of the Canadian Pacific Railway and operate it accordingly.\n2. Such extension shall be fully and completely made on or before the 31st day of\nDecember, 18S6. -\n3. The terminus of the Canadian Pacific Railway shall be established in the immediate\nvicinity of Coal Harbour and English Bay, and upon land which is to be granted in pursuance\nof this agreement.\n4. The Company shall erect and maintain the terminal workshops and the other terminal\nstructures, works, docks, and equipments as are proper and suitable for the western terminus\nof the Canadian Pacific Railway in the immediate vicinity of Coal Harbour and English Bay,\nand such workshops, structures, works, docks and equipments shall be commenced' forthwith\nand prosecuted to completion with reasonable diligence, and so as to provide facilities for the\nopening of traffic on the through line by the 31st clay of December, 1886.\n5. The survey of the line of extension shall be undertaken at once and prosecuted by the\nCompany without delay, and the Company shall also proceed forthwith to survey the land\nhereby agreed to be granted, and complete the survey with dispatch, and furnish the Chief\nCommissioner with a plan of the survey and the field-notes, and such survey shall be made by a\nsurveyor approved of by the Chief Commissioner.\n6. In consideration of the premises, Her Majesty agrees to grant to such persons as the\nCompany may appoint, in trust for the Company, the lands in the District of New Westminster\ndelineated 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.\n7. 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\u00E2\u0080\u0094C. P. R Extension to Coal Harbour. 461\nselected by the Chief Commissioner at any time not later than two months after the survey\naforsaid shall have been completed, and the map or plan and the field-notes delivered to the\nChief Commissioner.\n8. The grant shall, as to the land on the south side of False Creek, be subject for its\nunexpired term to a lease dated the 30th day of November, A. D. 1865, and entered into\nbetween the Honourable Joseph William Trutch, acting on behalf of Her Majesty's Government\nand the British Columbia and Vancouver Island Spar, Lumber and Saw-Mill Company,\nLimited, and also to an agreement intended to be entered into by the said Chief Commissioner\nfor the partial renewal of such lease, the terms of which are embodied in a letter written by\nthe said Chief Commissioner to Richard Alexander, Manager of the Hastings Saw-Mill Company, and dated the 23rd day of February, 1885.\n9. The grant shall also be subject to such rights, if any, as may legally exist in favour\nof third parties.\n10. The grant shall be made upon the Company entering into a bond to Her Majesty,\nwith three sureties to be approved of by the Chief Commissioner of Lands and Works, in the\nsum of two hundred and fifty thousand dollars at least, conditioned for the due performance by\nthe Company of all and singular the terms and conditions herein contained, and by the Company agreed to be observed and performed.\n11. And it is agreed that as to the mode of operating the said extended line, and as to\ntolls, fares and freights, the extension shall be considered as an original portion of the Canadian\nPacific Railway.\n12. No Chinese shall be employed in the construction of the extension of the main line\nfrom Port Moody to English Bay.\n13. And it is lastly agreed that upon the Corporation of the City of New Westminster\nsatisfactorily securing, on or before the 1st day of May, 1886, payment to the Company of\n$37,500, and providing a right of way and depot grounds, the Government will, on or before\nsuch date, undertake to pay to the Company the further sum of $37,500, and thereupon the\nCompany shall proceed to construct a branch line of railway connecting the City of New\nWestminster with the Canadian Pacific Railway, and complete the same on or before the\n31st day of December, 1886, and shall thereafter operate and maintain the same.\n14. This agreement may be provisionally executed by Henry Beatty on behalf of the\nCompany, 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\nCompany it shall be transmitted to the said Chief Commissioner.\nIn witness whereof the parties hereto have hereunto set their hands and seals on the day\nand year first above written.\nSigned and sealed by the within named )\nWm. Smithe, in the presence of > (Signed) Wm. Smithe. [l.s.]\nPaulus ^Emelius Irving. )\nThe Canadian Pacific Railway Co.,\n(Signed) per Geo. Stephen, President.\n(Signed) C. Drinkwater,\nSecretary.\n[Telegrams.]\nOttawa, Ont., March 13th, 1885.\nTo Hon. Wm. Smithe, Victoria.\nDoes ninth clause proposed contract refer to anything beyond lots in townsite Granville.\nWe cannot afford take any risks squatter claims.\n(Signed) W. C. Van Horne.\nVictoria, March 14th, 1885.\nTo W. C. Van Horne, Montreal,\nSquatters' claims having been otherwise disposed of, there are now no known claims against\nthe land.\n(Signed) Wm. Smithe. 4 62 Correspondence\u00E2\u0080\u0094C. P. R. Extension to Coal Harbour. 1886\nVictoria, March 13th, 1885.\nTo W. C. Van Horne, Montreal.\nWhat delays ratification agreement1! What means withdrawal of engineers from extension?\n(Signed) Wm. Smithe.\nMontreal, Quebec, March 14th, 1885.\nTo Hon. Wm. Smithe, Victoria.\nWas absent North-west when Beatty returned; yesterday first opportunity discuss contract.\nAwaiting answer about clause nine. Will you consent exchange of property south end track\nconveyed to Company for strip south of Naval Reserve. Latter seems to be only available\nlevel ground sufficient area for terminal sidings and train-yard\n(Signed) W. C. Van Horne.\nMontreal, Quebec, March 14th, 1885.\nTo Hon. Wm. Smithe, Victoria.\nEngineers under Rodgers withdrawn because they had finished their work, which was\nsimply location of line. Remaining engineering work will be completed by other engineers\nafter Dago's plans are received and location of structures decided upon.\n(Signed) W. C. Van Horne.\nMontreal, Canada, March 16th, 1885.\nTo Hon. Wm. Smithe, Victoria.\nIf squatters' claims have been disposed of, presume you will have no objection modifying\nclause nine so as to refer only to lots old town plot Granville.\n(Signed) W. C. Van Horne.\nVictoria, March 23rd, 1885.\nTo W. C. Van Horne, Montreal.\nAgreement was submitted to Legislature, and clause nine can not now be modified. Beatty\nwas party to it, and knows that there are no legal claims against the land. If there had they\nwould have been preferred when question was before House.\n(Signed) Wm. Smithe.\nMontreal, March 16th, 1885.\nTo Hon. Wm. Smithe, Victoria.\nThere are two corners that may be considered south-west corner, lot three hundred and\ntwo, mentioned your letter twenty-third February to Hasting Mill Company. Which corner\nis meant?\n(Signed) W. C. Van Horne.\nVictoria, March 23rd, 1885.\nTo W. C. Van Horne, Montreal.\nThe plan accompanying agreement indicates which corner lot three hundred and two is\nmeant. The most southerly.\n(Signed) Wm. Smithe.\nThe Chief Commissioner of Lands and Works to Mr. Drake, Q. C.\nLands and Works Department,\nVictoria, B. C, April 14th, 1885.\nSir,\u00E2\u0080\u0094Referring to the telegram of the 13th instant from Mr. Van Horne to yourself, in\nwhich he states,\u00E2\u0080\u0094\n\" Company unwilling undertake ejectment squatters. The time for execution contract\n\" will expire before end next week, it is important to know soon as possible whether or not\n\" Government can protect Company against adverse claims, except in case of town plot, Granville. 49 Vic Correspondence\u00E2\u0080\u0094C. P. R. Extension to Coal Harbour. 463\n\" Board will let whole matter drop rather than ratify contract with clause nine unless\n\" guaranteed protection.\"\nI have the honour to state that it is impossible to eliminate clause 9 from the agreement,\nin view of its having been adopted by the Legislative Assembly. I may, however, say that\nthe clause does not and was never intended to bear the construction which the Company think\nmight be placed upon it. It was never intended to cover or protect the claims of squatters,\nbut only those claims which have by law foundation in Crown grants or pre-emptions under the\nLand Act; and of such there are none.\nThe advocates in the House of squatters' claims complained that no provision was made for\nthem in the agreement, stating if those claims were legal there would be no occasion to discuss\nthem in the House, as they could be brought forward in a Court of law, and would be protected by\nthe language of the agreement. It was also stated that Petition of Right would be granted to\nsquatters; but the answer was, that none would be asked for, because squatters' claims could\nnot be supported in Court.\nThe Government cannot prevent persons litigating claims, and, therefore, cannot guarantee\nthe Company against litigation, but the Government is willing to indemnify the Company in\nrespect of such adverse claims to land proposed to be conveyed as may be brought by any\nindividual whomsoever against the Company and substantiated by the Courts. In the event\nof such litigation the Government is to have the conduct of the defence.\nI have, &c,\n(Signed) Wm. Smithe,\nChief Commissioner of Lands and Works.\nTo Hon. W. Smithe, Victoria.\n[Telegram.]\nMontreal, April 15th, 1885.\nHas Mr. Drake communicated with you about difficulties in way execution agreement\nconcerning English Bay extension.\n(Signed) W. C. Van Horne.\n[Telegram.]\nVictoria, April 16th, 1885.\nTo W. C. Van Horne, Montreal,\n, and Government have agreec\n(Signed) Wm. Smithe.\nMr. Drake did communicate, and Government have agreed to indemnify Company against\nclaims.\nMr. Drake, Q. C, to the Chief Commissioner of Lands and Works.\nVictoria, B. C, April 16th, 1885.\nSir,-\u00E2\u0080\u0094I beg to acknowledge receipt of your letter of 14th April, which I forwarded to\nMr. Van Horne. I notice that the indemnity you propose refers to actions or claims brought\nby individuals against the Company in respect of these lands, but it does not propose to protect\nthe Company from claimants who may have to be ejected from possession; it is this latter class\nwhich the Company will have to deal with. There is little fear of any actions being brought\nagainst the Company, but they will have to obtain possession, and probably the best course for\nthe Company to adopt will be to remove the improvements by force and leave the parties to\ntheir remedy. I shall be glad to know if your views of the offered indemnity will cover the\nquestion of ejectment of squatters.\nI have, &c,\n(Signed) M. W. Tyrwhitt Drake. 404 Correspondence\u00E2\u0080\u0094C. P. R. Extension to Coal Harbour. 1886\nThe Chief Commissioner of Lands and Works to Mr. Drake.\nLands and Works Department,\nVictoria, B. O, April 18th, 1885.\nSir,\u00E2\u0080\u0094I have the honour to acknowledge your letter of the 16th instant, upon the subject\nof the indemnification of the Canadian Pacific Railway Company against claimants to land at\nBurrard Inlet and English Bay. In reply I beg to say that the suggestion you make about\nthe forcible removal of improvements by the Company appears to be a good course to adopt if\nthe squatters do not accept the Government offer of compensation which I have already instructed the Agent at New^ Westminster to make them.\nI have, (Signed) Wm. Smithe,\n(Signed) W. S. Gore. ) Chief Commissioner ofi Lands and Works.\nMessrs. Drake, Jackson & Helmcken to the Chief Commissioner of Lands and Works.\nVictoria, B. C, Jan. 4th, 1886.\nSir,\u00E2\u0080\u0094On behalf of the Canadian Pacific Railway Company, we have the honour to enclose\nherewith the bond bearing date, 26th November, L885, entered into by Honourable Donald A.\nSmith, Wm. 0. Van Horne and Sandford Fleming with Her Majesty, as security for the due\nperformance by the Canadian Pacific Railway Company of the agreement dated 23rd February,\n1885, therein referred to.\nAs you have stated you would approve of the above named as the sureties, we are instructed\nto request that the grant of the land which, by the terms of the agreement, the Company will\nbecome 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.\nWe have, &c\n(Signed) Drake, Jackson & Helmcken. 470 Correspondence\u00E2\u0080\u0094C. P. R. Extension to Coal Harbour. 1886\n[Enclosure.]\nKnow all men by these presents that we, the Canadian Pacific Railway Company, and\nDonald A. Smith, of Montreal, and William C. Van Horne, of Montreal, and Sandford Fleming,\nof Ottawa, sureties, are held and firmly bound to Her Majesty Queen Victoria in the sum of\ntwo hundred and fifty thousand dollars of lawful money, to be paid to Her Majesty, her heirs,\nor successors, for which payment to be well and faithfully made the said Company binds itself,\nand we the said sureties bind ourselves, and each and any two of us, one and each and any two\nof our heirs, executors, and administrators, firmly by these presents, sealed with the seal of the\nsaid Company and with the seals of us the said sureties.\nDated this twenty-sixth day of November, A.D. 1885.\nWhereas by an agreement made the twenty-third day of February, A.D. 1885, between\nHer Majesty Queen Victoria, represented by the Honourable the Chief Commissioner of Lands\nand Works of the Province of British Columbia, of the one part, and the Canadian Pacific\nRailway Company, of the other part. It was agreed, amongst other things, that the said\nCompany should extend the main line of the Canadian Pacific Railway to Coal Harbour and\nEnglish Bay, and should forever thereafter maintain and operate such extension as part of the\nmain line of the Canadian Pacific Railway, and that Her Majesty should grant to such persons\nas 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\nCompany entering into a bond in the sum of $250,000, conditioned to be void as hereinafter\nmentioned.\nNow, the condition of the above written bond or obligation is such that if the above\nbounden Company shall well and truly perform and observe all and singular the terms and\nconditions in the said agreement of the 23rd day of February, 1885, contained, and by the said\nCompany agreed to be observed or performed, then the above written bond or obligation shall\nbe void ; otherwise shall remain in full force and effect.\nSigned, sealed and delivered by the above named.\nThe Canadian Pacific Railway Company,\n, (Signed) per W. C. Van Horne,\nf\u00E2\u0080\u009E\u00E2\u0080\u009E,m i Vice-President.\n{ SEAL. J\n(Signed)\nC. Drinkwater,\nSecretary.\nn presence\n(Signed)\nof\nC.\nDrinkwater.\n(Signed)\nDonald A. Smith.\n[L. S.]\n(Signed)\nc.\nDrinkwater.\n(Signed)\nW. C. Van Horne.\n[L. s.]\n(Signed)\nA\nJ. Fleming.\n(Signed)\nSandford Fleming.\n[L.S.]\nThe Chief Commissioner of Lands and Works to Messrs. Drake, Jackson & Helmcken.\nLands and Works Office,\nVictoria, B. C, January 6th, 1886.\nGentlemen,\u00E2\u0080\u0094I have the honour to acknowledge the receipt of your communication of\nthe 4th inst., enclosing, on behalf of the Canadian Pacific Railway Company, a bond bearing\ndate November 26th, 1885, in favour of Her Majesty, for the sum of $250,000, and executed\nby the Honourable Donald A. Smith, W. C. Van Horne, and Sandford Fleming, as security\nfor the due performance by the Canadian Pacific Railway Company of the agreement between\nthem and the Provincial Government, for the extension of the Canadian Pacific Railway to\nCoal Harbour and English Bay.\nUpon completion of the surveys, as required by the agreement, the Crown grant to the\nland will issue.\nI have, &c,\n(Signed) Wm. Smithe. 49 Vic Correspondence\u00E2\u0080\u0094C. P. R. Extension to Coal Harbour. 471\nMessrs. Drake, Jackson & Helmcken to the Chief Commissioner of Lands and Works.\nVictoria, B. C, January 22nd, 1886.\nDear Sir,\u00E2\u0080\u0094We have the honour to send you herewith the plan and field-notes prepared\nby Mr. L. A. Hamilton on the survey of that portion of the land south of False Creek which,\nby agreement dated the 23rd day of February, 1885, between Her Majesty (represented by\nyourself) and the Canadian Pacific Railway Company, is to be conveyed to the Company by\nthe Government of British Columbia.\nIn accordance with instructions from Mr. Van Horne, Vice-President of the Canadian\nPacific Railway Company, we have the honour to request that the grant may be issued in the_\nname of Donald A. Smith and Richard B. Angus, both of Montreal, at your earliest\nconvenience.\nAnd we have, Lieutenant-Governor.\nNo. 98. ) [Queen's Arms.]\nWm. Smithe,\nChief Commissioner of Lands and Works.\nW. S. Gore,\nSurveyor-General.\nVictoria, by. the Grace of God, of the United Kingdom of Great Britain and Ireland,\nQueen, Defender of the Faith, &c.\nTo all whom these presents shall come, Greeting:\u00E2\u0080\u0094\nKnow ye, that for divers valuable considerations Us thereunto moving, We do by these\npresents, for Us, Our heirs and successors, give and grant unto Donald A. Smith and Richard\nB. Angus, their heirs and assigns, all that parcel or lot of land situate in New Westminster\nDistrict, said to contain five thousand seven hundred and ninety-five acres, more or less, and\nmore particularly described on the map or plan hereunto annexed, and therein coloured red,\nand numbered Lot five hundred and twenty six, Group one, on the official plan or survey of\nthe said New Westminster District, in the Province of British Columbia. To have and to hold\nthe said parcel or lot of land, and all and singular the premises hereby granted, with their\nappurtenances, unto and to the use of the said Donald A. Smith and Richard B. Angus, their\nheirs and assigns, forever. Reserving, nevertheless, unto Her Majesty, Her heirs and successors,\nthe right and privilege at any time before the first day of June, 1886, to select, take, and\nresume the absolute property in and possession of any two and one-half acres of the lands\nhereinbefore expressed to be hereby granted.\n' Provided always, and it is hereby expressly agreed and declared, that the grant of lands\nhereby made is and shall be deemed, as to a portion of such lands, subject for its unexpired\nterm to a lease, dated the 30th day of November, A. D. 1865, and entered into between the\nHonourable Joseph William Trutch, acting on behalf of Her Majesty's Government, and the\nBritish Columbia and Vancouver Island Spar, Lumber and Saw-Mill Company, Limited, and\nwhich term expires on the 30th day of November, 1886; and also subject to an indenture\nbearing date the 25th day of July, 1885, made between Edward Davis Heatley, of the first\npart, and the Honourable William Smithe, Chief Commissioner of Lands and Works of the\nProvince of British Columbia, acting on behalf of the Government of the said Province, of the\nsecond part, and Her Most Gracious Majesty Queen Victoria, of the third part, which indenture\nprovides for a renewed lease of portions of the said lands for two and five years respectively,\nfrom the said 30th day of November, 1886, and for the use of certain roads during such periods.\nProvided nevertheless, that it shall at all times be lawful for Us, Our heirs and successors,\nor for any person or persons acting in that behalf by Our or their authority, to resume any\npart of the said lands which it may be deemed necessary to resume for making roads, canals,\nbridges, towing-paths, or other works of public utility or convenience ; so, nevertheless, that\nthe 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\nhave been erected, or which may be in use as gardens or otherwise for the more convenient\noccupation of any such buildings.\nProvided also, that it shall at all times be lawful for Us, Our heirs and successors, or for\nany person or persons acting under Our or their authority, to enter into and upon any part of 474 Correspondence\u00E2\u0080\u0094C. P. R. Extension to Coal Harbour. 1886\nthe said lands, and to raise and get thereout any gold or silver ore which may be thereupon\nor thereunder situate, and to use and enjoy any and every part of the same land, and of the\neasements and privileges thereto belonging, for the purpose of such raising and getting, and\nevery other purpose connected therewith, paying in respect of such raising, getting and use\nreasonable conpensation.\nProvided also, that there shall be, and there is hereby, reserved to Us, Our heirs and\nsuccessors, a royalty of five cents upon and in respect of each and every ton of coal raised or\ngotten from the land hereby granted.\nProvided also, that it shall be lawful for any person duly authorized in that behalf by Us,\nOur heirs and successors, to take and occupy such water privileges, and to have and enjoy such\nrights of carrying water, over, through, or under any parts of the hereditaments hereby granted,\nas may be reasonably required for mining or agricultural purposes in the vicinity of the said\nhereditaments, paying therefor reasonable compensation to the aforesaid Donald A. Smith\nand Richard B. Angus, their heirs or assigns.\nProvided also, that it shall be at all times lawful for any person duly authorized in that\nbehalf by Us, Our heirs and successors, to take from or upon any part of the hereditaments\nhereby granted, without compensation, any gravel, sand, stone, lime, timber, or other material\nwhich may be required in the construction, maintenance or repair of any roads, ferries, bridges\nor other public works.\nIn Testimony Whereof, we have caused these Our Letters to be made Patent, and the\nGreat Seal of Our Province of British Columbia to be hereunto affixed: Witness,\nHis Honour Clement F. Cornwall, Lieutenant-Governor of Our Province of\nBritish Columbia and its Dependencies, at Our Government House, in Our City of\nVictoria, this thirteenth clay of February, in the year of Our Lord one thousand eight\nhundred and eighty-six, and in the forty-ninth year of Our Reign.\nBy Command.\n(Signed) T. Elwyn.\nDeputy Provincial Secretary.\nProvince of \ Clement F. Cornwall,\nBritish Columbia, r Lieutenant-Governor.\nNo. 91. j [Queen's Arms.]\nWm. Smithe,\nChief Commissioner of Lands and Works.\nW. S. Gore,\nSurveyor-General.\nVictoria by the Grace of God, of the United Kingdom of Great Britain and Ireland,\nQueen, Defender of the Faith, and so forth.\nTo all to whom these presents shall come, Greeting:\u00E2\u0080\u0094\nKnow Ye, that for divers valuable considerations Us thereunto moving, We do by these\npresents, for Us, Our heirs and successors, give and grant unto Donald A. Smith and Richard\nB. Angus, their heirs and assigns, all that parcel or lot of land situate in New Westminster\nDistrict, said to contain four hundred and eighty acres, more or less, and numbered lot five\nhundred and forty-one, group one, on the official plan or survey of the said district, and also all\nthose pieces or parcels of land forming portions of the townsite, of Granville, in the said district,\nand known and numbered on the official map of the said townsite deposited in the Land\nRegistry Office at New Westminster, as lots 12 and 13, block 2; lots 4, 5, 6, 7, 9, 10, 11, 12, 13,\n14, 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\n4, 5, 9, 10, 11, 12, 13 and 14, block 5, and lot 10, block 6; all of which said pieces or parcels\nof land, namely, lot five hundred and forty-one, group one, and the lots before enumerated in\nthe 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,\nand all and singular the premises hereby granted, with their appurtenances, unto and to the\nuse of the said Donald A. Smith and Richard B. Angus, their heirs and assigns, forever.\nReserving nevertheless unto Her Majesty, Her heirs and successors, the right and privilege, at\nany time before the first day of June, 1886, to select, take and resume the absolute property 49 Vic Correspondence\u00E2\u0080\u0094C. P. R. Extension to Coal Harbour. 475\nin and possession of any two and one-half acres of all or any of the lands hereinbefore expressed\nto be hereby granted.\nProvided, nevertheless, that it shall at all times be lawful for Us, Our heirs and successors,\nor for any person or persons acting in that behalf by Our or their authority, to resume any\npart of the said lands which it may be deemed necessary to resume for making roads, canals,\nbridges, towing-paths or other works of public utility or convenience, so nevertheless that the\nland so to be resumed shall not exceed one-twentieth part of the whole of the lands aforesaid,\nand that no such resumption shall be made of any lands on which any buildings may have been\nerected, or which may be in use as gardens or otherwise for the more convenient occupation\nof any such buildings.\nProvided, also, that it shall at all times be lawful for Us, Our heirs and successors, or for\nany person or persons acting-under Our or their authority, to enter into and upon any part of\nthe said lands, and to raise and get thereout any gold or silver ore which may .be thereupon or\nthereunder situate, and to use and enjoy any and every part of the same land, and of the\neasements and privileges thereto belonging, for the purpose of such raising and getting, and\nevery other purpose connected therewith, paying in respect of such raising, getting and use\nreasonable compensation.\nProvided, also, that there shall be, and there is hereby, reserved to Us, Our heirs and\nsuccessors, a royalty of five cents upon and in respect of each and every ton of coal raised or\ngotton from the lands hereby granted.\nProvided, also, that it shall be lawful for any person duly authorized in that behalf by Us,\nOur heirs and successors, to take and occupy such water privileges, and to have and enjoy such\nrights of carrying water over, through or under any parts of the hereditaments hereby granted,\nas may be reasonably required for mining or agricultural purposes in the vicinity of the said\nhereditaments, paying therefor a reasonable compensation to the aforesaid Donald A. Smith\nand Richard B. Angus, their heirs or assigns.\nProvided, also, that it shall be at all times lawful for any person duly authorized in that\nbehalf by Us, Our heirs and successors, to take from or upon any part of the hereditaments\nhereby granted, without compensation, any gravel, sand, stone, lime, timber or other material,\nwhich may be required in the construction, maintenance or repair of any roads, ferries, bridges\nor other public works.\nIn Testimony Whereof, We have caused these Our Letters to be made patent, and the\nGreat Seal of Our Province of British Columbia to be hereunto affixed: Witness,\nHis Honour Clement Francis Cornwall, Lieutenant-Governor of Our Province of\nBritish Columbia and its Dependencies, at Our Government House, in Our City of\n.Victoria, this thirteenth day of February, in the year of Our Lord one thousand eight\nhundred and eighty-six, and in the forty-ninth year of Our Reign.\nBy Command.\n(Signed) T. Elwyn, \u00E2\u0096\u00A0\nDeputy Provincial Secretary."@en . "Legislative proceedings"@en . "J110.L5 S7"@en . "1886_43_457_475"@en . "10.14288/1.0061670"@en . "English"@en . "Vancouver : University of British Columbia Library"@en . "Victoria, BC : Government Printer"@en . "Images provided for research and reference use only. For permission to publish, copy or otherwise distribute these images please contact the Legislative Library of British Columbia"@en . "Original Format: Legislative Assembly of British Columbia. Library. Sessional Papers of the Province of British Columbia"@en . "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."@en . "Text"@en . ""@en .