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Les cartes, planches, tableaux, etc., peuvent dtre filmAs A des taux de reduction diffArents. Lorsque le document est trop grand pour Atre reproduit en un setii clichA, il est film6 A partir de I'angle supArieur gauche, de gauche A droite, et de haut en bas, en prenant le nombre d'images nAcessaire. Les diagrammes suivants illustrent la mAthode. 1 2 3 1 2 3 4 5 6 ) ■^pw^"^" tmm mm ARTICLES OF AGREEMENT ■XTUKO MTO IN CONNECTION WITH CANADIAN PACIFIC RAILWAY. griint^tl bg (Br[d^ of fartUam^nt. ) OTlAWi.: PRINTED BT MACLEAN, ROGER & Oa, WELLINGTON STRKKT, 1880. ( ! Si •■Vi.- "--*, CANADIAN PACIFIC RAILWAY. (19.) Articles of agreement entered into between the following contractors and Her Majesty Queen Victoria, represented by the Minister of Railways and Canals, in connection with the Canadian Pacific Railway, viz : — John Ryan — to do tho excavation, grading, bridging, track-lnving, balliistine, station building, etc., on tho Colonization Railway, North- Westerly from Winnipeg, Manitoba — about 100 miles. Andrew Onderdonk — to do tho e.xcavation, grading, bridging, track-laying, ballast- ing, etc., h-om Emory's Bar to Boston Bar, British Columbia, about 29 miles (Section A). Ryan, Goodwin & Co — to do the excavation, grading, ballasting, etc., bot.feen Boston Bar and Lytton, Biitifh Columbia, about 29 miles (Section B). Andrew Ondei-donk — to do the excavation, etc., required between Lytton and Junction l«lat, about six miles above Spence's Bridge, on the River Thompson, B.C., about 'JSj miles in length (Section C). Andrew Ondei"donk — to do the excavation, grading, b'Mging. track-laying, ballast- ing, etc., between Junction Flat and Savona's Po»ry, British Columbia, about 40^ mile.t in length (Section D). Miller Bros, and Mitchell — to supply '700 tons of railway spikes, delivered 400 tons at Fort William, and 300 tons at Montreal, for tho Canadian Pacific Railway. The Dominion Bolt Co— to supply 35 tons of fish-plate, Iwlts, and nuts, at Fort William, for the Canadian Pacific Railway. The Correspondence, and also The Agreement in connection with letting of the following contracts for tho supply of 5,000 tons of steel rails and fastening's, etc., viz. : the West Cumberland Iron and Steel Co. (Limited) for 2,000 tons, — the Barr .7 Co. for 1,500 tons,— the Kbbw Vale Co. lor 1,500 tons,— and the Patent Nut and Bolt Co. for 48 tons. Tho Agreement with R. Dickson to erect Station Buildings, Pembina Branch, Cana'liaa Pacific Railwaj', and also The Agreement with Guoat & Co. for 10,000 tons steel ra.is, etc. 19—1 7S]v- . 1 t The works to bo done by the cuntiaclors, of which tho horoto nnnexud are tbu flpeciticatioiiH, coriHist oi'all the oxcuvation. {{riuling, bridging, truck-hij'ing, balbiatiiig, station buildings, and other works required to be done on that portion of tho Coloni- zation Bttilw.iy, comnneiicing at Winnipeg, in tho Province of Manitoba, and ox- tending one hundred miles, or any nhortor distance, north-westerly or westerly, that the Minister of Railways and Canals may determine. So Hoon as tho proporiod lino of railway or any |K)rtion thereof is built, the Dominion Government shall have the right for themselves, or for tue contractors on Adjoining portions of tho main line or branches of the Cantuiian Pacific Railway, to use the whole or any pari of the lino herein contracted for, when and to soon as the twithstanding. And only such portion of the ballasting as the said Minister may hereafter determine (notoxceedinic, however, one-half of the quantity originally contemplated to be done), is to bo done and paid for under this contract. (Signed) H.A. P. B. CANADIAN PACIFIC RAILWAY. COLONIZATION LINE FROM WINNIPEG IN MANITOBA. SPECIAL SPECIFICATION. 1. The Government has determined to construct a Colonization Railway to the west of Reil liiverin Manitoba, and in order thai delay may be avoided, it has been decided to invite tenders at once, the survey being in progress. 2. Commencing at Winnipeg, the railway will run north-westerly to connect with the main line in the neighborhood of the 4th base line, and thence run westerly between Portage La Prairie and Lake Manitoba, to a point 100 miles from Winnipeg, or for any shorter distance the Government may determine. 8. Whatever improvement the future may call for, the railway shall, in the first place, be of tho cheapest description. 4. The survey not being made, and the precise location undetermined, it is not I)088ible to furnish plans and profiles. Quantities are, however, assumed in order to give to intending contractors some idea of the work to be done, and to admit of a comparison of tenders. These quantities may, in actual execution, be diminished, and the contractors will be paid accordingly, but on no account must tho assumed quantities be increased. 5. The grourid over which the railway will pass, is for the most part level, and in many places the track may be laid almost directly on the natural surface of the prairie. At other places, a limited amount of grading will be required. The road- bed will be formed with a little light grading, the material being generally obtained from side-ditches. The road-bed will thus be formed to a width of fifteen feet, and except when crossing streams or depressions, to a height averaging six to twelve inches above the general prairie sarfane. The ditches will be made parallel to the railway, and they must, in no case, be formed nearer the centre line than 16 feet, except where sidings are required, when the distance will be increased to 30 feet, or such width (is may be directed. 6. Timber structures for the crossing of ravines, and for passing water across the line of railway, will occasiooally be required. These will be constructed according to t freneral dmwingfl to be soon at the onginoor'n ofilce, will bo paid for b}' the cubic foot of timber erected in place and the weight of iron used. Whore piling is re> quired it will bo nnid for in the same way. 7. The line shall bo fenced along the sides, except at public road croHsingH, where oattlo-guards will b« uned. The fences, however, will properly conform to the po- sition of the cattle-guards, as per drawings. The fence ehall be the best doHcrijttion of common farm fence used in the locality. At nil public roadways, cattle-guards will bo established, and will be constructed according to drawings. The roadway between cattle-guards will be planked and the public road properly graded and gravelled as fur as iho limits of the railway right of way. Under this heading the bridging of side-ditches, fences from cattle guards to the line fences of the railway, also post and sign and everything necess'ary to com- plete thecrossing, will be embraced. The fences connecting cattle-guards with right- of way fences will be post and boarxl as per drawings. 9. Farm crosHings will be established wherever required and directed. They will bo graded >o as to form easy and convenient passages for farm traffic acro> idered a part. 22. The work must bo commenced within one month after the accoptanca of the tender and date of the contract. Fifty miles of the line must be in running order within eight months, and the whole length of line within twelve months, of th» contract date. SANDFORD FLK.MING, Enyineer in Chief. Canadian Pacific RAawAr Officb, Ottawa, 16th June, 1879. (Signed) H. A. F. CANADIAN PACIFIC RAILWAY. GENEBAL SPECIFICATION FOR THE CONSTRUCTION OF THE WORK. [Applicable to all the following Railway Contracts, but not reprinted for each."] 1. This specification refers to all works of construction and materials required in making and building the railway up lo formation level, and preparing it for the per- manent way; comprising clearing, close cutting, grubbing, fencing, excavation, tun- nelling, draining, ditching, foundation works, bridges, culverts. Also track-laying, ballasting, ana all other works connected with the construction and completion of the line of railway, to which the engineer may consider this specification to be appli- cable under each contract. CLBARING, ETC. 2. The clearing is embraced in the contract for the erection of the telegraph ; but in the event of any clearing remaining to be executed, the contractor for grading may be required and directed to do it ; a price for clearing is therefore necessary. 3. Where the railway passes through wooded sections, the land must be cleared to the width of sixty-six feet on each side of the centre line, or such greater or lessor width as the engineer may direct. 4. The clearing is to be done so that all the brush, logs and other loose material within its limits shall be burned. In no case shall any of the brush or logs be cast back upon the adjacent timber lands ; they must invariably be made into piles near the centre of the space to be cleared, and there entirely consumed. All brush or trees accidentally or otherwise thrown into the adjacent woods, must be dragged out and burned. The land, when burned, must be left in a clean condition. 5. Where embankments are to be formed loss than four feet, or more than two feet in height, all the standing timber and stumps must bo chopped close to the ground, within the limits of the embankment, and burned. 6. Where excavations will not exceed three feet in depth, or embankments two feet in height, all stumps must be grubbed out, and, if possible, burned ; those that will not burn, must be carried beyond the limits of the cuttings and embankments, where directed, and there piled. Directions will be given at tlie proper time, as to the extent of ground required to be cleared, close-cut and grubbed. The side-ditches and off-take drains must also be grubbed, but no grubbing will be paid for in borrow- ing pits. dii dr 801 th KBNriNa. piu'od — inotit uf curroiil ho bulk idcred a .0 of the ig order of the or 7. The fonco, wlicrovor roqairod, nh-ill ho n Htronif, wollhiiilt, hojivy furin h'li of approved flosiifii, th<>ii»ii);hly Hcoiirud l>y h(al plnco OH the enginoop inny approve of. Tlie contractor nuiHt find all the matoriol' required in tliOHO draitm, do all the work doHcribud, and remove iho 8t.ri)liiH earth. These drains must always be made with a sufficient longitudinal tall for the easy tlow of waier, and, theret'uro, they may, in level cuttings, be deeper ut one end than at the other, but the minimum depth will be not le^s than four feet. 15. On the completion oftlio cuttings aad the under drains provided for in last clause, ditches for the removal of surface water shall be formed along each side at the bottom of the slopes, according to directions to bo given. Catch-water ditches bIihII also be formed some distance back from the top of slopes, to exclude from the exca- vation any water flowing from the adjoining lands; the contractor shall also con- Htruut all other drains and ditches which the engineer may deem necessary for the perfect drainage of the railway and works. l(i. All open ditches in cuttings or elsewhere other than those referred to in Clause 13, and all excavations required for turning, making or changing watercourses, and which must be executed as may from time to time be directed, -vill be measured up and paid for as excavation acconling to its class, and all other excavations such as may bo required in the formalioti of public roads, or in borrowing pit«, or in grading depot grounds, turnouts or branches, and so much of ordinary foundation pits for bridges and culverts as are not under the level of the water, shall be con- sidered us a necessary part of the excavation for tLe formation of the roadway, and must bo executed and the material deposited according to the directions of the engineer, and will be paid for at the same rate per yard as the ordinary excavation, according to its denomination. In oixlinary foundation pits, where pumping or baling becomes necessary, all the excavation under water level shall be measured nnrt reckoned at three times the price of earth excavation in ord <• to cover the extra ^ost involved. 17. Excavation will be classed under three heads, viz.: solid rock, loose rock, and earth, and will bo paid for according to the following definitions : — 1st. All stones and boulders measuring more than J7 cul)ic feet, and all solid quarry rock, shall bo termed solid rock excavation. 2nd. All large stones and boulders measuring loss than 27 cubic feet, and ail loose rock, whotlior in situ or otherwise, that may bo removed with facility by hand, pick or bar, without the necessity of blasting, shall lie termed loose rock excavation. 3nl. All other excavation of whatever kind, with the exception of oti'tako ditches refeiToil to in clause 13, shall be termed earth excavation. 18. The contract price for these several classes of excavatiori shall be taken to include the whole cost of haulin;*, except only extreme cases which may involve a haul of more than twelve bundled feet. For every hundred feet of haul over twelve hundred feet and up tb twenty-five hundred feet, the contractor will be allowed at the rate of one cent per cubic yard, that is to say in the event »f the haul being in any case twenty-five hundred feet, thirteen cents pcryard shall bo added to the schedule rate; which will be the maximum allowance per haul in any ca>c. This clause shall not apply to ballast. I'J. The embankments must be made to such sufficient height and width as will allow lor the subsidence of the same, and both cuttings and embankments shall be left at the conipletion of the c«ntract, at such heights, levels, widths and forms as dii'ccte])o of embankment shall remain untouched. 2!. Where the excavation in a cutting exceeds what may bo required to make the embankments of the spcci6ed width, the engineer may direct that the embank- ments be increased in width with the surplus material, and when thi.-i is done to hi(» satisfaction, the remainder, if any, may be wasted; but in every case -.>re either borrowing or wasting is resorted to, the materials must be taken and depi i. >id as he may regulate and direct 22. In cases where pitching or rip-rapping will be required for the p.otootion of embankments contiguous to streams, all stone suitable for this work i and ii. ).Tcavn- tions may be removed and deposited in some convenient place until luquire'l, av* all good building stone wh'"'- • ,ay be found in rock excavations may, with the approval of the engineer, be preserved and piled along tho side of the lino us tJrectod. But any mator'' ' so found and used will not bo paid for twice, the qumitiiy, if con- siderable, will form a deduction from the quantity cf excavation so mousured in the cutting. 23. Rip-rap work, whenever required and ordered for the protection of slopes of embankments, must be well and carefully performed, in such manner and of suoh thickness as may bo directed. It will be measured and paid for by the cubic yard. 2-t. Roads constructed to and from any point on the line of railway for the con* venience of the contractor, for the conveyance of material or otherwise, must be at his own rir*k, cost and charg«w, but the contractor will not be required to purchase land for the railway track, for branches or for borrovving pits. 25. Wherever the lino is inter.-«ectod bv pnblic or private roads, the contractor must keep open .it his own co-^t convenient passing places, and ho shall be held responsible foi- kooping all crossings, during the progress of tho works, in such condition as will onablo tho public to use them with perfect safety, and such as will give rise to no just ground for complaint. Contractors will bo hold liable for any damages resulting from negligence on their part or that of their m^n. At all public roads crossed on tho level, the contractor will bo required to put in two substantial fattle guards of wood of such dimensions as may be directed by tho engineer. 26. Whenever any material is met with in tho excavations, which tho engineer shall consider suitable and required for ballast, the same shall at his discretion be reserved for that purpose. 27. When slips occur in cuttings, after they are properly formed, the material must bo immediatoiy removed by the contractor, the slopos reformed, and such pre- cautions adopted as tho engineer may deem necessary. The contractor will bo paid for (he removal of slips as already provided for. 28. In tho event of earth excavation being proceeded with in winter, no snow or ico must be placed in embankments, or allowed to bo 'overod up in tliom. and all frozen earth must, as far as practicable, be oxcludod from the heart of embankments. 29. Tho contractor shall, before the work is finally accepted, finish up cuttings and embankments, dress and drain borrowing pits when required, drt. is slopes to tho re(|uirod angles, icjiair all damages by frost or other causes, and com|)loto everything connected with the grading of the road-bed, bridging, etc., in a creditalile and work- manlike munnor, in accordance with tho directions and to the satisfaction of the engineer. HO. Tho measurement of quantities shall invariably bo made in excavation unless in special cases, if any, wh'^ro this may be found impossible ; in such cases the engineer shall detoi mine the quantities in embankment, after making all proper allowances, of which ho shall he thojui'ge. 31. The prices stipulatod for excavation of tho several denominations, together with the price for haul in extreme cases, and tho price for work in foundation pits under water level, thall be the total prices for oxcuvating, loading, removing and do- positinjT all tho matorinl. In a word, the rales and pi'ico.s t^liptilutcd in the contract must bo undorrttooil to cover every contingency ; the fiirnishii.gof nil labor, material, power and plunt; the cost of finishing up cuttings and einbunlvinetits, thcdresHiogand draining of borrowing pits, when required : tho drosMJng of nlopcH to tho i-equired angle, and tho completing of everything connected with tho grading of road-bed, in u creditable and workmanlike manner, in accoi*dance with tho directions and to tho satisfaction of le engineer. TUNNELLING. .32. Tho tunnelling will consiHt of "line tunnels" and "stream tunnels"; tho former shall bo formed to an exact minimum section hereafter to be furnished. For the purpose of tendering, the sectional area of " line tunnels " shall be calculated at 405 superticihl feet, equal to 15 cubic yards to the lineal foot of tunnoi. The " sti-oam tunnels," where formed, shall be driven through tho solid rock, which, in some places, forms tho sides of ravines, they must bo formed in the manner to bo pointed out in each case. Open cuttings at tho end will be excavated, to give an easy flow to tho water ; those open cuttings may be slightly curved, but the tunnels proper must be portoctly straight from end to end, with the sides as smooth as practicable. The up-stream in each tunnel must generally bo one foot lower than tho bed of the stream opposite, and they must bodriven with a proper inclination. ( 'are must bo taken taken to leave a solid piliar of rock between tho tunnel and thosiilcof the ravine, equal (except in special oa!«es) to not less than double the diameter of tho tunnel. The thick- ness of solid rock over tho tunnel shall bo similarly proportioned. Tho open cuttings which form the (»utlots and irdets of tunnels shall bo measured and piid as ordinary excavation, according to classification, the material excavated from them lo be placed in tho embankments, or as may be directed. The tunnels shall ho paid for by the lineal foot, and the price must cover all cost of pumping, bailing, draining, &c., which m.iy bo necessary. The tunnels requi.ed will be of tho following dimensions : — Sectional Areas. Lineal Foot of Tunnel. Twenty foot tuiinels, 32-4 superficial feet eqimls 12 cubic yards. Sixtoonfeot do 216 " 8 " Twelve feet do 108 " 4 " Eight feet do 54 « 2 " Six feet do 27 " 1 ' *' TIMBER STKUCTIJBE. 33. The structures for tho passage of small streams may bo built of the most suitable wood to bo found in the country, t'haraclv'" and quality to bo a]>proved by the engineer. Tho several structures are intended to be built according to the fol- lowing specification and the drawings referred to ; but the character of the designs may be changed to suit circumstances. 34. Gene: al drawings No. 1 to 9, inclusive, show the kind of structures to bo erected for the passage of the smaller streams under the railway. Drawing No. 1, for embankments 2 feet high No. 2 4 No. 3 ti No. 4 8 No. 5 10 No. 6 15 No. 7 20 No. 8 25 N.J. 9 HO c S 36. No. 1 will be composed "f two bents framed together in the manner shown in (ho drawing, having cap^ and mud-sills framed itiio posts and braces, and pinned as shown. Those bents will be placed in trenches — previously excavated — 11 fee. contract imtorial, iHirigand required bed, in u to tlio als"; the ed. For ulated ut " stream in Momo pointed cMisy flow Is ()roper acticable. )od of the t bo taken i no, equal Mio thick- eultings ordinary be placed or by the Sic, which lis: — }i the mo.st jjproved by I to the fol- the designs iturcH to bo nner shown and pinned }d — 11 lee. «ontro t3 centre, and at least five feet in the ground, and when properly' levelled as to grade, height, &c., the earth will then bo firmly packed around thorn. These bentt) will be spanned by stringers 16 inches by 12 inches, and bolted by J inch bolta — with washers — to the caps. The bank stiingcrs will be 12 inches by 12 inches. The whole then covered by ties 9 inches by 8, and of the lengths shown on the plan. 36. No. 2 will be similar in every rospoct to No- 1, except as to height of bent«. See drawing. 37. No. 3 will be composed of four bants; each bont will have cap and mud sill 12 inches by 12 inches, and four posts 12 inches by 12 inches, and two braces 12 inches by 12 inches, all framed together and pinned in the manner shown. There will be two diagonal biaces of 9 inches by 6 inches placed in each bont in the manner shown, and bolted to the frames by finch bolts, with washers under the heads, and nuts of bolts; seven bolts to each brace. Trenches will be dug for the reception of these bents 11 feet centre to centre, and 5 feet deep, and when the bents have been levelled up to grade height and placed in line, the earth will then bo tramped firmly around them. Stringers of 16 inches by 12 inches must be provided and bolted to cap by ^inch iron bolts with washers. The bunk stringers will be 12 inches by 12 inches ; the whole structure will then bo covered with special ties 9 inches by 8 inches as .shown. 38. >ios. 4 to 9 will be similar to No. 3 alreadj'- described. No. 6 will have six bents. No. 7 eight bents, No. 8 eight bonis, and No. 9 ten bents, and they will in- crease in height according to the height of the bank. In cases where stringers can- not be procured long enough to span the entire number of bents, as in the cases of Nos. G, 7, 8 and 9, then the stringers may bo joined either by butt joint on corbells resting on caps, or be allowed to overlap each other on caps, all being firmly bolted to caps. ij9. Wherever the circumstances of the case require tho adoption of trestle-work in lieu of embankments, the same shall bo erected in tho most, substaiitial manner, in accordance with the plans and specifications of tho same to be furnished from time to time by the engineer. 40. Wlierdver the circumstance of the case require tho adoption of bridges on piles, they will be erected according to the following, or another approved plan. Trenches will first be oxcav;ited si leet centre to centre, and to tho depth of the beiis of the streams, i-ach bent will be composed of 4 piles, driven pei-pondicul:irly, together with 2 spur piles, lis shown in l!io drawing. The piles are to measure at tho butt or largor end not less than 12 nor more than 17 inches in diameter, exclusive of bark. They must be perfectly sound and straight, and bo of such longihs as circum- stances may require. The piles must bo driven by a hammer weighing l,.iOO lbs. or upwards, until they reach perfectly tlrm grounJ. They wiil genei'ally be tested by tho'hammor falling 30 feet at the last blow. Care must be taken to luive them driven truly, so that the caps, wa!lin;( ])ieces, and braces may bo pr()|)orly fi-amcd ami bolted to them. Tiio spur piles must be curve-pointed, so that as (hey are liriven they will gradually come into their places and butt against tho piles and bo bolted to tho same, with two bolts to each s))ur pile. Before being driven the piles must bo sawed or chopped off square at tho butt, aid tapered to a Itlunt point at the smaller end. Should there appear to be any danger of splitting, the heads must bo bound with iron hoops, and if necessary the poinis must, .■il'^o bo properly shod. The stringers must bo double, 12 'nches by 16 inches, bolted together and resting on corbells, and be boiled securely to corbells and cu|)s. The stringers mu.st be of as long lengths as possible, and to break joitit alternatel}' inside and out. The bank stringers will be 16 .nches by 12 inches. Tho whole to be covered by special ties 9 inches by 8 inches as shown. 41. Tho railway will bo carried over the larger streams by bridges. Tho abut- ments and piers will, in some cases, bo built of crib-work filled with stone. The cribs must be constructed in tho most substantial manner of the most suitable timber to bo found in the viciruty; outside timbers to bo not less than 12 inches square, dovetailed at the angles, and propoily pinned with hardwood pins or rag-bjlts of 10 iron, as the engineer may direct; the ties may be suitable round timber, dove-tailed into fVice limbers and pinned. The sloping faces of the cut-wat«is to piers must be of square timber laid with one side in the line of the rake of the cul-wator, and bo dove- tailed at angles; the two faces of the cat-waters will then be sheathed with hard- wood plank 3 inches thick, well fastened to the crib-work with spikes or rag-bolts. The whole of the abutments and piers to be finished in accoi-danco with the plans, and to the satisfaction of the engineer. 42. Where the circumstances of the case require the adoption of timber bridges, their superstructure will be of the most improved Howe truss pattern, built of pine with white oak keys, cast iron prisms, and wrought iron rods, with upset ends, the whole to be firet-class material and workmanship. Detail drawings will be prepared during the progress of the work by the engineer, to suit each span or bridge, and to which the contractor must work. These bridges must be executed in a thoroughly substantial and workmanlike manner, and shall be completed in every respect, except painting, which will not be included in the present contract. ■13. The Government reserves the right to substitute and furnish iron superstruc- tures fur bridges in lieu of timber, and to take such steps as may be deemed best for placing the same in position. In the event of this right being exercised after the contmctor has incurred expense in procuring some of the timber, he shall not b© entitled to any compensation on account of the substitution beyond the value of the material furnished and ihe labor expended thereon. FOUNDATIONS. 44. Foundation pits must be sunk to such depths as the engineer may deem proper for the safely and permanency of the structure to be erected ; they must in all cases bo sunk to such depths as will prevent the structures being acted on by the frost. The matei-ial excavated therefrom to be deposited in embanUmont, unless the e?igineer directs otherwise. For ordinary foundations, the 16th clause is referred to. In the case of piers in large rivers or lakes.a special price must be givoji in the tender for coffer dams and all extra expense involved. MASONRY. 45. In order to prevent delay it will be expedient ;;enerally to build tlio ■Iructurew in the first place of timber, but should it bo practicable to insort sti ucturos of masonry at one ^.r more places without interfering with the progress of the work, and il iqipears tX|iodiont to do so, the engineer may bo authorized to substitute masonry lor wood in structures. In such cases tho work must bo of a substantial and permanent charainor, and in every respect equal to the best description of masonry in railway works. 4fi. The masonry shall not be started at any point before tho foundation has been properly prepared, nor until it has been examined and approved by tho engineer, nor until the contractor has provided a sufficient quantity of proper materials and ]il)mt to enable tho work to bo proceeded with rogul:irly and systematically. 47. The stone used in all masonry on tho line of railway must bo of a durable character, large, well propoitioned and well adapted for the construction of substantial and perma»ieni structures; parties tendering must satisfy themselves as to where fitting material for tho masonry can be most conveniently procured. 48. Bridge masonry shall generally be in regular courses, of largo, well -shaped stone, laid on their natural beds, tho beds and vertical iointswill i)ehammcr(lressod, so as to form quarter-inch joints. Tho verti«ral joints will bcdrossed back square !» inches, the beds will be dressed perfectly parallel throughout. Tho work will bo I'M I with the " quarry face" except the outside arrises, strings and coping, which will bo chiMsl dressed. 49. The courses will not be less than twelve inches, and they will be arranged in preparing the plans to suit the nature of the quarries, courses may range up t" 2-t inches, and the thinnest courses invariably bo placed towards the top of the work. tii^ 11 ove- tailed B must be 31*, and bo iriih hard- rag-bolls. )lans, and r bridges, It of pine ends, the prepared ge, and to loroughly ct, except iperstnic- bost for after the II not be ue of the nay deem y must m on by the unlesH the •elerrcd to. the tender buiM Iho stiucliireii the work, HubsUtuto Lantiiil and f raascinry Llatioii ha» jd by the r matci'ialii ically. a durable substantial to whore vcll-sliuped (l|-0SS0(i,SO 10 !1 inches, I li'll with 11 be chi^ol irrangod in ^0 up t" 24 lo work. 50. Heailers will bo built in every course not further opart than 6 foot, they will have a length in lino of wall of not less than 24 inches, and they mu^t run back at least three limes their height, unless when the wall will not allow this proportion, in which caso thoy will pass through from front to back. Stretchers will have a minimum length in line of wall of 30 inches, and their breadth of bed will at least be 1^ times their height. The vertical joints in each coui-so mu»t be arranged so as to overlap those in the courses below 10 inches at least. The above dimensions are tor minimum courses of 12 inches, the proportions will be the same for thicker cour6e.s. 51. The quoins of abutments, piors, &c., shall bo of the best and largest stonos,. and have chisel drafts properly tooled on the upright arris, from two to six inches wide, according to the size and character of the structure. 52. Coping stones, string courses and cut-waters shall be neatly dressed in accordanco with plans and directions to be furnished during the progress of the work. 53. The bed stonos for girders shall be the best description of sound stone, free from drys or flaws of any kind, they must bo not less than 12 inches in depth for the ■mailer bridges, and 8 feet superficial area on the bed. The larger bridges will require bed stones of proportionately greater weight ; those stones shall bo solidly and carefully placed in position, so that the bridge will sit fair on the middle of the •tones. 54. The backing will consist of flatrbedded stone, well shaped, having an area of bed equal to four superficial feet or more. Except in high piers or abutments, two thicknesses of backing stone, but not more, will be allowed in each course, and their .joints must not exceed that of the face work. In special cafes, where deemed necessary by the engineer, to insure stabilitj', the backing shall be in one thickness;, the beds must, if nocossary, bescabbled off, so as to give a solid bearing. No pinning will be admitted. Between the backing and face stones there must bo a good square joint, not exceeding one inch in width, and the face stones must be scabbled off to allow this. In walls over three feet in tliicknoss, headers will bo built in front and back alternately, and great care must be taken in the arrangement of tho joints •o as to give perfect bond. 55. Culvert masonry shall be built of good, sound, large flat bcddod stonos, laid in hori/x)ntal beds. It may be known as random, or broken coursed work. The stonos employad in this class of masonry will generally be not less in area of bed than three auporficial feet, nor less in thickness than eight inches, and they must be hammor- dresbod so as to give good beds with half-inch joints. In smaller structures, and in cases where stoiios of ^•lod size and thickness cannot bo had, they may, if in other respects suitable, be admitted as thin as five inches. All stones must be laid on their natural bods. 5(j. Headers shall be built in tho wall, from front and back altornatel}', at least one in every five foot in lino of wall, and frequently in tho rise of wall. In the nmallest structures headers shall not be less than twenty-four inches in length, and tho minimum bed allowed for stretcliers shall be twelve inches. In the larger slructurcH all stones must bo heavier in proportion. Every attention must bo paid to produce a perfect bond, and to give the whole a strong, neat, workmanlike finish. 57. AVing walls will generally be finished with steps, fu'Tiod of sound, diir.able stone, and not less than from 10 to 12 inches thick, and 6 feet superficial area; other walls will be covered with coping of a similar thickness, and of seven foot or upwards, superficial area. These coverings will be neatly dressed when rejuirod, and as may bo directed. The walls of tho box culverts will bo finished with stonos, the full thick- ness of wall, and the covers will be from 10 to 15 inches thick, according to the span , they must have a bearing of at least i2 inches on each wall, and tliey must bo fitlod ■ufHcioiitl3' closo together to p" vent tho earth fi-om falling through. 58. Arches of 10 feet spa, .tnd upwards will bo const i acted of stones cut so that when laid, their bods will radiate truly from the centre of tho circle; tho depth of Htoneswill of course vary with tho span, bat will never exceed 30iiiclies; they must not be less in length than 27 inches and t hoy must break joint ten inches; their \ 1? thickness on the soffit must bo at least I) inches, and will bo dressed to the circle. All the rt'onos must be dressed to the full depth of bod ho as to ^ive truly radiated Joints from j»8 to 1^ iiK-h, they must be set without pinning of any kind and the end joints must bo pronerly squared. Each stone to bo full bedded in cemont, and each course aftorwaids thoroughly grouted. The outer ring stones to be neatly worked with a chisel draft around their edges. 59. Arches of o feet span and under shall bo constructed of suitable flat-bedded stones ranging according to the span from 16 to 24 inches deep and with a minimum length of from 16 to 24 inches, and 5 to 6 inches in thickness on the soffit, they must invariably extend through the entire thickness of the arch. Each stone to bo well and closely fitted so as to give half-inch joints and to break joints with its follow 7 to 9 inches. The whole must bo laid in thin mortar and each course must bo well grouted immediately after being laid. The outjr arch stones to be as nearly uniform in depth as possible, of large size and .eatly incorporated with the perpendicular face of the masonry. The keystones to be 10 or 12 inches on the soffit, to have a chisel draft around their edges, and to project beyond the face of tho wall 2 or 3 inches. 60. All arches shall be built in cement, and before being covered with earth or the centreing removed, they must bo thoroughly flushed on tho back, levelled up and rounded to a moderately even and smooth surface with tho same material. 61. Centres of arches must in all cases be well formed, of ample strength, securely placed in position, and in every respect to the satisfiiction of llio engineer. Tho ribs must not be placed farther npart than thi-oe feet in any case. The laggings shall be cut to a Hcmtling of throe inches square. The supports of centres shall be substantitil and well constructed, and they must be provided with proper wedges for easing'' centres when required. 62. .Structures having more than one arch shall be provided with as many centres as tho engineer mity deem projjer, and in no ca-so shall tho centres bo struck with(.ut his sanction. Ci.i. ('enticing and scaftblding of all kin Is shall be provided by tho contractor, and tho coi^t included in tho price of masonry. 64. Tho bottoms of culverts will bo paved with stones set on edge, to a mode- rately oven face, packed solid, tho interstices being also well packed. The paving will bo from 12 to 16 inches deep. 65. Masonry ^h;dl be formed dry or laid in mortar as circumstances may determine. In dry masonry sjfcial regard must be paid to the stone being massive and well pro- portioned. 66. Mort.nr shall be of hydraulic lime or cement and common lime 67. llydraiilic lime mortar will be used, unless otherwise directed, in building all masonry, from llio foundations up to a lino two feet ab)ve theordinar}' level of tho stream. It will be used uUo in turning arche.s, in laying girder bods, coping, covering of walls generally, in lipping and in pointing. The hj'draulic lime or cemont must bo fresh ground, of the bo-t brand, and it must be delivered on the ground, and kept till used in good order. Before being used, satisfactory proof mu.-d bo attbrdod tho engineer of its hydraulic properties, as no inferior cemont will bo allowed. 68. Common lime moriar must bo made of the best common lime and will bo em- ployed in all masonry (o.vcept dry) whore cement is not directed to be used. 69. Both cement and limo must bo thorouithly incorporated with approved proportions of clean large-grained sharp sand. Tho general proportions muy bo one part of limo to two parts of sand, but this may be varied according to tho qualit}- of the lime or cement. MorUvr will be only made as required, and il must bo prepared and used under tho immediate direction and to tho satisfaction of an inspector, by the contractor's men, failing which the it spector may employ other men to prepare the moitar, and any exiicnso incurred thereby shall bo borno by the contractor. Grout -hall bo formed by adding a sufficient quantity of water to well tempered and well proiiortioncd mortar. 70. When mortar is used every stone must be sot in a full bod and beaten solid ; the vortical joints must bo flushed up solid, and every course must bo perfectly level and thoroughly grouted. It circle. All iatcd Joints I end jointci aach coiirso Iced with a flat-bcddud :i miuimum , they muat to DO well 'cllow 7 to 9 roll grouted I'm in depth face of the ehitiel draft 63. th earth or levelled up 3rial. lo strength, e engineer, lie laggings ■oti hiiall be wedges for :h m many 8 bo struck contractor, I, to a raode- IMie paving ^'determine, md well pro- I building all level of the ng, covering emont must lid, and kept iittbrded tho lid. d will be em- ined. lb approved may be one e qualitj' of , bo prepared nspector, by Ml to prepare 5 contractor, oin pored and beaten solid ; srfectly level 71. In all walls built in common lime, the exposed faces will have a four-inch lipping of cement. 72. All masonry must be neatly and skilfully pointed, but if done out of season, or if from any other cause it may require r-epointing before the expiration of the con- tract, the contractor must make good and complete tho same at his own cost. Work left unfinished in the autumn must be properly protected during the winter by the con ti actor, at his lisk and cost. 73. A puddle-wall, at least 2 feet thick, extending from end to end of the masonry, and from the bottom to the top must bo made between the back of the dry masonry and the embankment. 74. After the masonry ol a structure has been completed for a period of four or five weeks, tho formation of the embankment around it may be proceeded with. The' earth must be carefully punned in thin layers around the walln, and in this manner the filling must be carried up simultaneously on both sides. The contractor must be extremely careful in forming the embankments around culverts and bridges, as he will be held liable for any damages to the structures that may arise. The punning must be carefully attended to, and the whole filling must invariably be done in uniform courses from the bottom to the top of the embankment, without loading one side of the masonry more than another. TBACK-LWINO AND BALLASTING. 75. The work of track-laying and ballasting will embrace all engines, cars, and fdant, (unless otherwise provided in the contract), and all labor and tools required for ouding, unloading and distributing rails, joint-fastenings, spikes, points and crossings, and sleepers or cross-ties ; laying, lifting, centreing, lining and surfacing the track; also, for makiiig roads to ballast pits and laying all service tracks ; for getting, load- ing and unloading the ballast, placing the same in the road bed and trimming it up. At the close of the contract any engines and platform>cara which may be considered by the engineer fit for further use, may be transferred to tho Government on the valuation of the engineer. 76. The Government will furnish to the contractor, rails, joint-fastenings, spikes, points and crossings, switch-gear, and switch-frames. TRACK-LAYING. 77. The rails, joint-fastenings, spikes, points and crossings, switch gear and fl•ame^', will be delivered bj' the Government to the contractor at phuos lo be indi- cated, from whence they shall be distributed by tho contractor. 78. Truck-laying shall include tho supplying, famishing and biyirig plank, in- cluding spikes for tho same, on public and private road crossings, distributing rails, rail fastenings, spikes, points and crossings, ties, laying tho same on main track and sidings, and centreing lining and surfacing. Track-laying will be pa d for by the lineal mile of 5,280 feet. "d. The rails shall bo laid to a gauge of -l foot 8J inches clear between tho rails, and they shall bo well and carefully fastened at ihu joints, which must bo as near as possible opposite each other and on the same tie ; special care must bo taken at points and crossings to have the rails laid tfj a tight gauge, the rails must be full spiked, and on curves the outer rail shall be elevated (unless otherwise diroctodj, according to tho degree of curvature as follows, that is to say, on one degree curves 0.05 feet, on two degree curves 0. 10 foot, on three degree curves 0.15 feet, and on four degree curves 0.20 feet. Tho rails shall bo handled with groat care, and betbro Loing run over by either engine or cars, shtdl be full sleepcrod and surfaced. Every Piecaution shall be taken to prevent them getting bent during tho progress of tho ballasting. 80. The sleepers or cross-ties must bo of approved sound timber, smoothly hewn, free from all score hacks, and chopped or sawn square at the ends, 8 fcot long, flatted on two opposite sides to a uniform thickness of (i inches, tho flatted surface being not --s^- 14 lefts than 6 indies, on oiUior siiio, at Ihc small end. Thoy must bo placed as nearly oh possible at uniform distuncos npart, and at right angles to the raiU, in such a manner that abu.it 25 per cent, of the lenglh^of the rail shall have u bearing upon the surface of the siuepers. " Joint-sloe pers" must have both an upper and under surface bearing at their .smallest end, nf at leust 8 inches. 81 When the Bloopers are provided under a separate contract from the track- laying and ballasting, the contractor for the latter shall take delivery of them, in the position and at the points in which thoy are received by the Government inspectors. 8:2. The contractors shall lay all sidings and put in all points and crossings com- plete, embracing wing and jack rails, head blocki», switch and signal frames, and gearing. 8;-l. The contractors shall remove from the track and straighten all bent and damaged rails, and make good all injuries done before the works are finally accepted ; and further they will ho held lesponsible fjr ail materials provided them, and give a receipt for the same upon taking delivery. I^.i BALLASTING. 84. Tho land for ballast pits and approaches thereto will bo furnished by the Oovernment and approved by the engineer; in selecting land for the purpose, a pre- ference will always bo given to those points where the best material can be procured having due regard to tho convenience of the contractors. During tho working of any pit, should the material l)o found unfit for ballasting, the engineer hhall nave power to compel the contractors to close such pits and open others. 'Hfj. Tho surface of ballast pits shall be stripped of soil where such exists, and no material whatever shall be placed on the road-bed but goon and extend )and be bind- Uor Majesty he contractor ore. every kind of ?ver necessary lut or referred ber, 1878, and nd markeiJ B, I prepared for clivo portions jfore the dates 10 dale of this ..[). one thou- iral kind>, und lirt'd by and in ■ from tlmo to )e part of tliis ,he time being tract shall bo t; and if it be for the proper the contractor will, at his own oxnonflo, execute the same as if H had been proporh doncribed, and the decision of the engineer shall bo final as to any sut^h error or omission, and the correc- tion of any such error or omission shall not bo deemed to be an addition to or devia- tion from the works hereby contracted for. Engineer may order Extra Work and Make Changes. 6. The chief engineer, with the sanction of the Minister of Railways and Canals, shall bo at liberty, at any time, either before the commencement or during the i'On- Btruction of the works or any portion thereof, to order any work to bo done, and to make any changes which ho may deem expedient in the grades, the width of cuttings and fillings, the dimensions, charactor, nature, location or position of the works, or any part or parts thereof, or in any other thing connected with the works, whether, or not, such changes diminish the work to be done, or the cost of doing the same, and the contractor shall immediately comply with all written requisitions of the engineer in that behalf, but tho contractor shall not make any change in or addition to, or omission, or deviation fiom the works, unloi-s directed by the onginoor, and shall not be entitled to any payment ft«r any (.-hango, an or deviation, unless such change, addition, omission or deviation shall have been firet directed in writing by the engineer, and notified to the contractor in writing, nor unless the price to be paid for any additional work, shall have been previously fixed by tho Slinister in writing, and the decision of tho engineer as to whether any such change or deviation increases or diraini-*hos the cost of tho work, and as to the amount to be paid ov deducted as thoca^o may be in respect thereof, shall bo final, and tho obtaining of his certificate shall bo a condition precedent to the right of the contractor to bo paid therefor. If any such change or alteration constitutes, in the opinion of tho said engineer, a deduction from the works, his decision as to tho amount to be deducted on account thereof, shall bo final and binding. Changes shall not Invalidate Contract. 6. That all the clauses of this contract shall apply to any changes, additions or deviation-!, in like manner, and to the same extent, as to the works at present pro- jected, and no changes, additions, deviations or variations shall annul or invalidate this contract. Limit of Expenditure under this Contract. 7. It being tho intention that the cost of the work to be done under this contract be limited to tho sum of six hundred thousand five hundred dollars (J'i00,500.00) of lawful money of Canada, which sum is to bo taken as the maximum amount of this contract, not to be exceeded; it is hereby speciallj* agreed that should il, at any time during the execution of the said work, appear from the cost of tho wurk thou performed, as compared with tho value of the works still to bo done, that such maximum amount will bo exceeded, whether by reason of additions, alterations, variations, for any cause vrhatsoever, tho contractor will then be required to complete only such portion of t^e works herein contemplated as will bo indicated by the engineer, with tho view to limit the total oxpendituro under this contract to the maximum above stated; and so soon as tho said maximum amount wdl be expended, this contract will then be considered as ended, and the contractor will not thereafter be entitled to continue the works under this contract, or to receive any further Sayment beyond tho said maximum amount, unless the Minister should authorize and irect further expenditure; in which case, it is understood that tho Minister will have the right (which is hereby expressly reserved) to direct that any works, which may then remain to be done, shall be executed under this contract; and the contractor hereby agrees to execute the same at tho rates or prices heroinatter raontioueJ, as if these remaining works formed pai-t of this contract. P.rovidcd also, that in case th« 19-2 'Sj 18 «aid workH, on completion, by reason of alterations, variations floviations, diminutions, omissiont,, or otherwise, should not amount to the tot:il sum ahuvu mentioned, the contractor will not be entitled to the payraont of the difference in cost, whatsoever the same may be. No compensation shall, in any case, bo olaimablo by the contractor fur any loss of anticipated profits. Engineer to be sole Jwl^e of Work, Material, &c. 8. That the engineer shall be the sole judge of work and material in respect of both quantity and quality, and his decision on all questions in dispute with regard to work or material, or as to the moaning or intention of this cotitract and the plans, specifications and drawings shall be final, and no works or extra or additional works or changes shall be deemed to have been executed, nor shall the contractor be entitled to pa^'ment for the same, unless the same shall have been executed to the satisfaction of the engineer, as evidenced by his certificate in writing, which certificate shall be a condition precedent to the right of the contractor to be paid tli(«refor. Schedule of Prices. t 9. It is hereby distinctly understood and agreed, that the respective portions of the woikn set out or referred to in the list or Schedule of Prices to be paid for the difleront kinds of work, include not merely the particular kind of work or materials mentioned in said list or schedule, but also all and every kind of work, labor, tools, and plant, materials, articles and things whatsover necetisary for the full execution and completing ready for us* of the respective portions of the works to the satis- faction of the engineer. And incase of dispute as to what work, labor, materials, tools and ])lant are or are not so included, the decision of the engineer shall be final and conclusive. Foreman. 10. A competent foreman is to be kept on the ground by the contractor during all the working hours, to receive the orders of the engineer, and should the pei-son Ko appointed bo deemed by the engineer incompetent, or conduct himHcIf improperly, he may be discharged by the engineer, and another shaP -it once be appointed in his stead; such foreman shall be considered as the lawfn! representative of the con- tractor, and shall have |full power to carry out all ic^^uisitions and instructions of the said engineer. Unsuitable Material or Imperfect Work. 11. In case any material, or other things in the opinion of the engineer not in accordance with the said several parts of this contract, or not sufficiently sound or otherwise unsuitable for the respective works, be used for or brought to the intended works, or any part thereof, or in case any work be improperly executed, the engineer may require the contractor to remove the same, and to provide proper material or other things, or properly re-execute the work, as the case may bo, and thereupon the contractor shall and will immediately comply with the said requisition, ana if twenty-four hours shall elapse and such requisition shall not have boon complied with, the Engineer may cause such material, or other things, or such work, to bo removed ; and in any such case the contractor shall pay to Uer Majesty all such damages and expenses as shall be incurred in the removal of such material, materials, or other things, or of such work ; or Her Majesty may, in her discretion, retain and deduct such damages and expenses from any amounts payable to the contractor. AU Plant and Material to become Property of Her Majesty. 12. All machinery and other plant, materials and things whatsoever, provided by the contractor for the works hereby contracted for, and not rejected under the yj iliminutionrt, ntionoii, the whataoovor e contructor in respect of itli regard to 1 the plant>, tiotial work.-) ontractor be uled to the oh certificate h«rofor. ) portions of paid for the or matorialH labor, tools, ill execution to the sutis- r, materials, hall bo final actor durint? i the pereon f improperly, pointed in his ! of the con- istructions of fineor not in tly sound or ) the intended , the engineer !• material or id thereupon sition, and if cen complied I work, to bo esty all such ial, materials. )n, retain and ntractor. rer, provided ed under the DroviHioiH of the lost preceding clause, shall from the time of their being so provided oocome, and until the final completion of the said works, shall bo the property of Her Majesty for the purposes of the said works, and the same snail on no account bo taken away, or used or disposoil of except for the purposes of the said works, without tho consent in writing of the Engineer, and tier Majosty shall not be answerable for any loss or damage whatsoever which may happen to such machineiy or other plant, material or things, provided always that upon the completion of the works and upon payment by the contractor ofr.llsuch moneys, if any, as shall bo due from him to llor Majesty, such of the said machinery and other plant, material and things as shall not have been used and converted in the works, and shall remain undisposed of, shall, upon demand, be delivered up to the contractor. Insufficient Machinery. — Material or Labor to be Increased. l.S. If the Kngineer at any time shall consider the number of workmen, horses, or quantity of machinery or other plant, or tho quantity of proper materials, respec- tively, employeti or provided by the contractor on or for the said works, to be insufficient for the advancement thereof towards completion within the limited times, or that tho works are, or some part thereof is not being carried on with due diligence, then in every such case tho said Kngineer may, by written notice to tho contractor, require him to employ or provide such additional workmen, horses, machinery or other plant, or matoiials, as tho Engi. or may think necessary, and in case the contractor shall not thereupon within throe days, or such other longer period as may be fixed by any such notice, in all rospeets comply therewith, then the Engineer may, either on behalf of Her Majesty, or if ho see tit, may, as the agent of and on aecount of tho contractor, but in either case at the expense of the contractor, provide and employ such additional workmen, horses, machinery and other plant, or any thereof or such additional and materials respectively, as he may think proper, and may pa}' such additional workmen such wages, and for such additional hoi-ses, machinery or other plant and materials, respectively, such prices as ho may think E roper, and all such wages and ])ricos, respectively', shall thereupon at once bo repaid y the contractor, or the sum may bo retained and deducted out of any moneys at any time payable to tho contractor; and Ilor Majesty may use, in the execution or advancement of the said work, not only the horses, machinery and other plant and materials so in any case provided by anyone on Her behalf, but also all such as may have been or may be provided by or on behalf of tho said contractor. Delay in Execution. — Work may be taken out of Contractor's Hand, 14. In case the contractor shall make default or delay in diligently continuing to execute or advance the works to tho satisfaction of tho Engineer and such default or delay shall continue for si.x days after notice in writing shall have been given by the Engineer to the contractor requiring him to put an end to such default or del.y. or in ca>*o the contractor shall become insolvent, or make an assignment for ti.e benefit of creditors, or neglect either personally or by a skilful and competent agent to superintend the works, then in any of such cases Her Majesty may take tho work out of the contractor's hands and employ such means us sh.o may see fit to complete the work, and without further notice take possession of the road and works thereon, and of all horses, machinery and other plant, materials and things whatsoever as may then bo on tho road, or even such as may have boon or may bo provided by or on behalf of the said contractor for the said works. in such cases the contractor shall have no claim for any further payment in respect of the works performed, but shall nevertheless remain liable for all loss and damago which may be suffered by Her Majesty by reason of the non completion by the con- tractor of the works, and all materials and things whatsoever, and all horsos, machinery, and other plant provided by him for the purposes of the works, shall remain and be ^^onaidered as the property of Her Majesty for the purposes and accordii>g to the pro- 19-4 ■ ;1 ::\il 20 TisionB ftiid conditionH contaiiiod in tho twolfih cIuimo Iioroof. Ami when this contract ehuli havo boon ho cumplulod by Ilor Mnjo'^ty, any balance romuinin^ in llur handrt after racoling all costH and daniiigo-* incurred, may bo paid over to tho coiitii'dor ; it being diHtinctly I'lndorstood and agreed that Her Majesty ttliall have full power topfty allHuuh costHanddamagesout of any balance due to the contractor for works previously done, or materiaJH and things whatsoever delivered or procured for tho worku, and out of any money or other security whatsoever depositou by tho contruiitor, and that if such balance be not sufficient to meet all such costs and damages, the contractor and his sureties bind themselves to pay any deHuiency in that respect. Contractor to take risk of all loss or damage. • 15. The contractor shall bo at tho risk of, and shall boar all loss or damage what- soever, from whatsoever cause arising, which may occur to tho works, or any of thorn, until tho same bo fully and finally completed and delivered up to and accepted by the said Minister for tho time being, and if any such loss or damugo occur before such final completion, delivery and acceptance, tho contractor shall iinmodiatelj, at his own expense, repair, restore and re-execute the work ho damaged, so that the wliole ■works, or the respective parts thereof, may be completed within tho time hereby limited. Contractor to have no claim for delay. 16. The contractor shall not ha\o or make any claim or demand, or bring any action or suit or petition against Her Majesty for any damage which he may sustain by reason of any delay in the progress ot the work, arising from tho acts of any of Her Majesty's agents, and it is agreed that in the event of any such delay, tho con- tractors shall havo such further time for the completion of tho works as may bo fixed in that behalf b^ tho Minister for the time being. Contract(/r not to make assignment. — Work may be taken out of Contractor's hand*. 17. The contractor shall not make any assignment of this contract, or any sub- contract, for tho execution of any event no such assignment or sub-coi the contractor from liability under work hereby contracted for. In tl being made, then the contractor sh. Her Majesty for any future pay men sum 01 sums than the sum or sum^ assigned or sub-contracted for shal assignee or sub-contractor, and in t tho works hereby contracted for, and in any -ract, oven though consented to, shall exonerate is contract, for tho duo performance of all tho avent of any such assignment or sub-contract not have or make any claim or demand upon under this contract lor any further or greater respectively at which the work or works so have boon undertaken to bo executed by the ) event of any such assignment or sub-contract being made without such consent. Her Majesty may take tho woi'k out of the contractor's hands, and employ such moans as she may see fit to complete tho same, and in such case the contractor shall have no claim for any further payment in respect of the works performed, but shall nevertheless remain liable for all loss and damage which may be suffered by Her Majesty by reason of tho non-completion by the contractor of the works, and all materials and all things whatsoever, and all horses, machinery, and other plant provided by him for tho purposes of the works, shall remain and be considered as tho property of Her Majesty for tho purposes, and according to the provisions and conditions contained in the twelfth clause hereof. 18. Time shall be deemed to bo of tho essence of this contract. Contractors responsible for damage. 19. The contractor shall bo responsible for all damages claimable by any person or corporation whatsoever, in respect of any injury to persons or to lands, buildings, 21 con tract 01' hiindrt ndor; it to pay loviously oikH, and and that ontractor ai^o what- y of thorn, ted by the jfiire Huch olj, at hi8 tho whole uo hereby bring any ay sustain * of any of tho con- itH may be «hip4, or other property, or in ronpect of any infringement of any right whatsoever, oocttHionod by tho performance of the Hiiid work-t, or by any neglect or misfuasbnoa or non-mi-sfuiisanc-o on hii4 part, and Hhiill aixl will at his own uxponso, m iko siiuh temporary provisions as may bo nocossary for the protection of persons, or of lunds, buildings, ships, or oilier property, or for the uninterrupted enjoyment of all rights of persons or corporations in and during the puiforman.-e of the said works. Failing to pay salaries or wages. 20. If tho contractor fail at any time in paying the Balariea or wages of any person oniployetl by him upon or in respect of tho said works, or any of thorn, and any part of such s:il:iry bo one month in arroar, or if there bo due to any such person one month's wagos or salary, the Knginoor may notify tho contractor to pay such salary or wage-*, and if two days elapse and the same be not paid in full up to the date of payment, or to Huch other date as may he in accordance with the terms of employment of suidi person, then Her Mnjosty may ptiy to such person salary or wages from any date to any date, an^ lo any amount which may bo payahlo, and may chai'ge the same to tho contractor, and tho contractor convonants with ller Majesty to repay at once any and every sura so paid. 'Stakes and marks to he protected. 21. The contractor will protect and will not remove or destroy or permitto b* i-emovo 1 or destroyed, tho stiikes, buoys, and other marks placed on or about the said works by the Hii^ineor*s of the works, ami shall furnish tho necessary a-^sislance lo cortect or roplaie liny stake or mark which through any cause may have been re- moved or dot*troyed. Contractors address. t's hand*. or any aub- and in any 1 exonerate of all the ub-contract mand upon or greater ir works so uted by the ub-contract ork out of )mpleto the or payment 1 for all loss -completion iver, and all r the works, irpo.se8, and 3 hereof. any person a, buildings^ 22. Any notice or other communication mentioned in this contract to bo notified or given to the coi. tractors, shall bo deomel to be well and sufficiently notified or given, if the same be left at the contractor's office or mailed in any post offlue, to tho con- tractor or foreman, addressed to the address mentioned in the contract, or to the con- tractor's lust known place of business. .; « 1^ IS if r 22 ft.! Schedule of prices. 23. And Hor Majesty, in conaideiation of the prernisep, hereby convonants with- the contractor, and he will be paid for, ar.d in respect of the worlis hereby contracted for, and in the manner sot out in the next clause hereof the several prices or sumA following, viz.,: B I 2 3 4 S 6 7 8 9 10 11 13 13 14 IS 16 17 18 19 20 Description of Work. Clearing , Grubbing , Platt.'rm of logs across muskegs, average 9 inches deep m F'cncing « , Enrtb excavation Cribwurk in abutments anil piers of bridges, including stone filling. Rip-rap „ 'Square timber and plank in trestle-work, culverts, bridges, etc., white pine or tamarac Piles driven, 12 inches by 12 inches, tamarac 8-inch flatted timber Wrought iron, including bolts, spikes, straps, etc Ohsi iron Public road-crossings, including cattle-guards and counecting fences, sign-boards, gravelling roadway, etc Farm road-cro9>iogii, including gates, forming roud-waj, etc Ties Carrlagfl of mils and fasteningj from Montreal TiHcK-Uying Ballasting Points and crossings Station bulliiinga, 60 feet by 24 feet, with platform, complete Batei. S cts. 2 00 4 00 750 00 04 16 2 60 1 60 28 50 15 07 07 145 00 10 00 29 17 75 275 00 22 20 00 2,250 00 Per acre, do do Per 1. ft. Per c. yd, do do Per c. ft. Per 1. ft. do Per lb. do Per crossing do Per tie. Per ton. Per mile. Per c. yd. Per set. Per station. (Signed) II, A. F. Payments. 24. Cash payments equal to about ninety per cent, of the value of the work done, approximately made up horn returns of progress moaisuroments and computed at the prices jigieed upon or dolormined under the jirovisions of this contract, will bo made to the contractor monthly, on the written certificate of the engineer that the work for or on account of which the certificate is granted, has been duly e.Kocutod to his satiisfaction, and stating the value of Huch wcrk computed as above moiitionod — and upon approval of such certificate Ly ihe Mini?iter for the time being for the Dominion of Canada, and the said certificate and such approval thereof shall bo a condition precedent to the right of the contractor to be paid the said ninety per cent, or any part thereof. The remaining ten per cent shall bo retained until the final complo- tioti of the whole work to the satisfaction of the chief engineer for the time being, having control over the work, nnd within two months after such completion the remaining ten per cent will be paid. And it is hereby declared that the written certificate of the said engineer, certifying to the final completion of said works to his eatisfaction, shall be a condition precedent to the right of the contractor to receive or be paid the said remaining ten per cent., or any part thereof. MonWy Estimates, 25. It is intended that every allowance to which the contractor is fairly entitled, "will bo embraced in the engineer's racmthly certificates ; but should the contractor 28 ,nt8 with ntracted or Bam» er acre, do do »er 1. ft. 'er c. yd. do do >er c. ft. >er 1. ft. do 'er lb. do :'er crossing do i'er tie. fer ton. ^er mile. Per c. yd. Per set. Per station. A. F. vork done, iiled at the ill bo made , the work itod t<) his ioned — and ) Dominion I condition Hit. or any ml complo- imo being, pletion the He written orks to hir» ) rocoivo or ly entitled, contractor at any tiv.io have claims of any description which he considers are not included in the progress certiticates, it will be necessary for him to make and repeat such claims iu writing to the engineer, within fourteen days after tiiedate of each and every certid- cate in which he allegea suut- claims to have been omitted. Claims by Contractors. 26. The contractor, in presenting claims of the kind referred to in the last clause, must accompany them with satisfactory evidence of their accaraoy, and the reason why he thinks they should be allowed. Unless such claims are thus made during the progress of the work, within fourteen dayj, as in the preceding clause, lud re- peated, in writing, every month, until finally adjusted or rejected, it must be clearly understood that they shall be forever shut out, and the contractor shall have no claim on Her Majesty in respect thereof. Progress Measurements. 27. The progress measurements and progress certificates shall not in any respect be taken as an acceptance of the work or release of the contractor from responsibility in respect thereof, but he shall at the conclusion of the work deliver over the same in good order, according to the true intent and meaning of this contract. Operations may be Suspended. — Resumed. 28. Iler Majesty shall have the right to suspend operations from time to time at any paiticular point or pointf, or upon the whole of the works, and in the event of auch right being exercised so as to cau.so any delay to the contractor, then an extension oflimo equal to such dci'iy or detention, to bo fixed by iho Minister as above provided for, shall bo alio vvtd him to complete tho contract, but no such delay shall vitiate or avoid this contract or any part thereof, or the obligation hereby imposed or any concurrent or other bond or security for tho performance of this contract, nor shall the contractor be entitled to any claim for damage^ by reason of any such suspension of operations. And at any time after operations have boon sus- pended either in whole or in part — «uch operations may bo again resumed and again suspended and i-esunied as Her Majesty may think proper. And upon the contractor receiving written notice, on behalfofHor iVfajosty, that tho susfien lod operations are to be resumed, the contractor h;hall at onco resume the operations and diligently carry on tho same. Appropriation by Parliament. 29. Should the amount now voted by Parliament, and applicable towards pay- ment for the work herohv contracted for, bo at »>iiy time expended previous to the completion of tho works, the Minister for tho time being, may give the contractor written notice to (hat etFect ; and upon receiving such notice the contractor may, if he think fit, stop the work —but in any ease shall not bo entitled to any jiaymont for work done, beyond tho amount voted and applicable as aforesaid — unless and until the necessary funds have boon voted by Parliament in that behalf And in no event shall tho contractor have or make any claim upon Hor Majostv for any damages or compensation by reason of the said suspension of payment, or by reason of any delay or loss caused by tho stoppage of work- Spirituous Liquors. 30. Tho contractor shall not permit, allow, or encourage the sale of any spirit- uous liquors on or near tho works. 'Mr 2t No Sunday Labour. 31. No work whatever eliiill at any timeor placo booarriod on during Sunday, and tlio contractor shall take all necessary sto|H i'ov piovonling any t'oi'oinuii, or agent, or men from working or oniploying others on that day. Chief Engineer to he Arbitrator. 32. It is hereby agreed, that all matters of diifcrence arising between the parties hereto, upon any matter connected with or arising out of this contract, the decision whereof is not. hoiuhy especially given to the engineer,— shtill be referred to the award and arbitration of the chief engineer for the time being, having control over the works, and the award of such engineer shall be final and conclusive; and it is hereby deelaicd that such award shall be a condition ]>recedent to the right of the contractor to receive or be paid any sum or sums on account, or by reason of siicli matters in ditiVrenco. 33. It is distinctly declared that no itnplied contract of any kind whatsoever, by or on behalf of IKi- Majesty, shall arise or bn ini) '•'•d from anything in this contractr contained, or from any position or situation of the parlies utany time, it being (iicarly understood and agreed that the express contracts, covenants and agreements herein contained and made by Her Mnjo-ity, are and shall bo the only contracts, covenants and agreements upon which any rights against her are to be founded. 34. This con ract is horcb}', pursuant to the provisions of the 8t,h section of tfie Statute, 4lst Victoria (1878), chapter 5, msiie subject to the express condition that no Member of the House of Commons of Canada shall bo admitied to any ,^aaro or part of such contract, or to any benetit to arise therefrom. Contract may be Cancelled. 35. In the event of it becoming advisable, in the interests of the public, to suspend the work hereby contracted for, or anj' portion thereof, at any time l)efore its comple- tion, and to j)ul !in end !o this contract, the Minister for the time being shall have full power to stop the work and to cam-el this contract, on giving due notice to that •tfect to the comractor. The contractor, however, will be entitled to receive payment for all ^ums then due for wo>k already done, materials used or delivered, or ready to be used, or in cour-e of preparation, together with such reasonable comp'Uisation as will cover all 6y/id yfr/e damages, if any, resulting therefrom, and as may then lie agreed upon ; or, in ca.se of disagreomont, as may be determined by the otficial arbi- trators of the Dominion of Canada; it being understood, however, that no compensa- tion will bo allowed to, or claimed by, the contractor for materials pioeured for the works, after the d.de of the service of the notice above rtferretrsict iig (iloarly lis hoioiii covenants m of the iiion that yr bUare or SUEETIES" INDENTURE. This Indenture, mado the nineteenth day of August, one thousand eight hundred and seventy-nine, between JAMES MURPHY, of ihe City of Ottawa, in theCountyof Carleton, and Province of Ontario, Contractor, and JOHN HENEY, of the same Elace, Wood Merchant, hereinafter called '-The Sureties," of the first part, and [er Majesty Queen Victoria, of the second part. WITNESSETH that the sureties hereby for thennselves, and each of them, their and each of their heirs, executors and administrators, jointly and severally, covenant with Hor Majesty and Her Successors, that the contractor named in the hereunto annexed Indenture, his executors and administrators, shall and will from time to lime, and at all times, well and truly perform, keep and aljide by all ai:d singular the covenants, agreements end ccmditions in said Indenture contained, and on his part to be per- formed, ke|)t and abided by. And the s'ureties, further, covenant and agree with Her Majesty and Her Successors, that all the rights, privileges and powers which may, by virtue of the said Indenture, be exercised by or on behalf of Her Majesty, or by the engineer or engineers, or other persons mentioned in saiil Indenture, may bo t*« exercised without notice to the said sureties, and without in any way releasing or interfering with the liability of the sureties under their covenants herein contained. In witness whereof, the parties hereto have hereunto set their hands and seals. Signed, sealed and delivered in presence of (Signed) H. A. Fissiaclt. (Signed) JAMES MURPHY. [Seal.] JOHN HENEY. [Seal.] , to suspend its com pie- shall have CO to that ,'c payment nv ready to- 'iiisrttion as lav then Iw itticial arbi- compensa- iied for the • any loss of d, or of the 1 — and these igned by the ajosty. , (Seal.) ind Canals. J the Secre- I" JJIS. ecretary . ■ M " 26 i This Indenture made the twenty- thii-d dny of December, one thousand eight hun- dred and seventy-nine, between ANDREW ONDEKDONK, of San Francisco, in the State of California, one of the United btates of North America, Contractor and Civil Engineer, hereafter called " the Contractor " of the first part, and Her Majesty Queen Victoria represented herein by the Minister of Railways and Canals, of the second part, WITNESSETH, that in consideration of the cove- nants and agreements on the part of Her Majesty hereinafter contained, th* contractor covenants and agrees with Her Majesty as follows : Work. — Engineer. I. In this contract the word "work" or "works" shall, unless the context require a different meaning, mean the whole of the work and the materials, matters and things required to be none, furnished and performed by the contractor under this contract. The word " engi/ieer," shall mean the chief engineer for the time being having control over the work, and shall extend to and include any of his assistants acting under hia instructions, and all instructions or directions, or certifi- cates given, or decisions made by an^ one acting for the chief engineer, shall be subject to his approval, and may be cancelled, altered, modified and changed, as to him may seem fit. On whom Binding. 2. All covenants and agreements herein contained shall bo binding on and extend lo the executors and administrators of the contractor, and shall extend to and be binding upon the successors of Her Majesty, and wherever in this contract Her Majesty is referred to, such reference shall include her successor, and wherever the contractor is referred to, such reference shall include his executors and adminis- trators. Labor, riant and Material. — Time for Completion. — Materials and Workmanship. 3. That the contractor will, at his own expense, provide all and every kind of labor, machinery and other plant, materials, articles, and things whatsoever necessary for the due execution and completion of all and every the works hct out or referred to in the general Hpocitications hereunto annexed, dated 30th November, 1878, and marked A, and set out or referred to in the plans and drawings prepared and to be prepared for the pui poses of the work, and in accordance with the printed mem- oranidum herewith annexed, marked B, and will excculo and fully complete the respecMvo portions of sudi works and dolivor the same complete to Ucr Mijosty, on or before the thirty-first day of December, A.D., eighteen hundred and oiglity-three. The paid work to bo constructed of the best materials of their several kinds, and finished in the best and most workmanlike manner, in the manner re(|uired by and in strict conformity with the said specifications and drawings which may from time to time be furnished (which said spocificatioiis an I memorandum are hereby declared to be part of this contract) ; and to the complete sati'sfaction of the chief engineer for the time being having control over the work. Omiskions to be made Good. 4. The aforesaid specification and memorandum, and the several parts of this contract shall be taken together, to explain each other, and to mako the whole con- sistent; and if it be found that anything has been omitted or mis-stated, wliich is necessary lor the proper performance and com)iletion of any part (f the work con- templated, the ci ■;• actor will, at his own expense, execute the same as if it had been properly det <-i ilx-d, and the decision of the engineer shall be final as to any Buch'error or omu^sion, and the correction of any such orr(r oromi-sion, shall not be deemed^to be an addition to, or deviation from, the works hereby contracted for. 27 Engineer may order extra work, and make changes. 6. The chief engineer, with the sanction of the Minister, shall be at liberty at any time, either l)ofore the commencement or during the construction of the works or any portion thereof, to order any work to be done, and to make any changes which he may deem expedient in the grades, the wid^h of cuttings and fillings, the dimensions, character, nature, location, or position of the works, or any part or parts thereof, or in any other thing connected with the works, whether or not such changes diminish the work to be done, or the cost of doing the same, and the contractor shall immediately comply with all written requisitions of the engineer in that behalf, but the contractor shall not make any change in or addition to, or omission, or deviation from the works, unless directed by the engineer, and shall not be entitled to any payment for any change, addition, or deviation, unless such change, addition, omission, or deviation, shall have been first directed in writing by the Engineer, and notified to the contractor in writing, nor unless the price to be paid for any additional work shall have been previously fixed by the Minister in writing, and the decinion of the Engineer as to whether any such change or deviation in- creases or diminishes the cost of the work, and as to the amount to be paid or deducted, as the case my be in respect thereof, shall be final, and the obtaining of his certificate shall bo a condition precedent to the right of the contractor to be paid therefor. If any such change or alteration constitutes, in the opinion of the said engineer, a deduction from the works, his decision as to the amount to be deducted, on account thereof shall bo final and binding. Changes shall not Invalidate Contract. 6. Tliiit all the clauses of this contract shall apply to any changes, additions, or deviations, in like manner, and to the same extent, as to the works at present pro- jected, and no changes, additions, deviations or variations shall annul or invalidate this contract. Limit of Expenditure under this Contract. 7. It being the intention that the cost of the work to bo done under contract bo limited to the sum ol'Two Millions Seven Hundred and Twenty-seven Thousand Tlireo Hundred Dollars, whifh -urn is to be taken as the maximum amount of this contract, Eot to 1)0 oxccodea; it is hereby specially agreed that should it, at any time during the execution of the said work, appear from the cost of the work then performed, as comiiared with the value of the woiks still to be done, that such maximum amount will be exceedt^tl, whether by reason of additions, alterations, variations, lor any other cause whatsoever, the contractor will then bo required to complete only such |)Ortion of the woiks heroin contemplated as will bo indicated by the engineer, with the view to limit the total expenuituro under this contract to the maximum above stated; and so soon .is the said maximum amount will be expended, this c('ntract will then be considered as emJed, and the contractor will not thereafter bo entitled to continue the works under this contract, or to receive any further p.iymont beyond the said maximum amount, uidess the Minister should authorizo and direct further expendituie; in which case, it is understood that the Minister will have the right (which is hereby expressly reserved) to direct that any works, which m ly then remain to bo done, shall be executed under this contract; and the contractor hereby agrees to execute the same at the rates or prices hereinafter mentionoJ, as if those remaining woiks formed part of this contract. Provided also, that in caso tho said works, on completion, by reason of alterations, variations, deviations, diminutions, omissions, or otherwise, should not amount to the total sum above mentioned, tho contractor will not be entitled to the payment of the difference in cost, what-^oover tho same may bo. No compensation >thall, in any case, be claimable by the cou- tractor for any loss of antici])alod profits. 28 Engineer to he sole Juihje of Work, Material, iic. 8. That the Enginoor shall bo the solo judge of work and material in respect of both quantity and quality, and bin deeidion on all questions in dispute with regard to work or material, or aa to the meaning or intention of this contract and the plans, specifications and drawings shall be final, and no works or extra or additional works or changes shall be deemed to have boon executed, nor shall the contractor be entitled to payment for the same, unless the same shall have been executed to the satisfiacl ion uf the engineer, as evidenced by his certificate in writing, which certi- ficate siiall be a condition precedent to the right of the contractor to be paid therefor. Schedule of Prices. 9. It is hereby distinctly understood and agreed, that the respoqtivo portions of the works sot out or referred to in the list or schedule of prices to bo paid for the different kinds of work, include not merely the particular kind of work or material« mentioned in wxid list or schedule, but also all and every kind of work, labor, tools^ and plant materials, articles, and things whatsoever necessary for the full execution and completing loady for use of the respective portions of the works to the satisfac- tion of the Bngince •. And in case of dispute as to what work, labor, m;Uon;ils, tools, and plant aro or are not so included, the decision of the engineer shall bo final and oonclusive. . Foreman. 10. A competent foreman is to be kept on the ground by the contracto'- during all tho working hours, to receive the orders of the engineer, and should the person 80 appointed bo doomod by the Bngineor to be incompetent, or conduct Inmself im- properly, ho may be discharged by the Engineer, and another shall at once be ap- pointed in his stead ; such fi)reman shall beconsiderol as tho lawful representative of the Contractor, and shall have full power to carry out all requisitions and in- structions of the said engineer. Unsuitable Material or Imperfect Work. 1 1. In case any material, or other things in the opinion of tho engineer not in accordance with the said several parts of this contract, or not sufficiently sound or otherwise unsuitable for tho respective works, be used for or brought to tho intended works, or any part thereof, or in case any work be improperly executed, the engineer may require the Contractor to remove the same, and to provide proper material or ot'( r things, or properly >o-executo tho work, as the case may be, and thereupon the in reftpect of ilh rcj^ard to n(\ the plans, tional works on tractor be jcuted to the whii'.h corti- laid therotor. portions of paid lor the i or materialrt c. labor, tools, Cull execution I) tlio satisfac- itoriivls, tools, 1 bo dnal and ;raotO'' daring lid tho person cl him-iclf im- at once be ap- roprescntativo ntions and in- be answerablo for any low.s or damage wliatsoover whieli may happen to such machinery, or other plant, material or things, provided always that upon the com- pletion ot tho woikt", and upon jpayment by the contractor of all such moneys, if any, as shall bo due from him to Her Majesty such of the said machinery and other plant, material and things as shall not have been used and (jonverted in tho works, and shall remain undisposed of shall, upon demand, be delivered up to the Contractor. Insufficient Machinery.— Material or Labor to be Increreased. 13. If the engineer shall, at any time, consider the number of workmen, horses, or quantity of machinory or other plant, or the quantity of proper materials, respec- tively, employed or provided by the contractor, on or for the said works, to be insutlicient for the advancement thereof towards completion within tho limited times, or that the works are, or some part thereof, is not being carried on with duo diligence, then in every such case the said engineer may, by written notice to the contractor, require hinji to employ or provide such additional workmen, horses, machinery, or other plant or materials, as the engineer may think necessary-, and in case the Contractor shall not thereupon within three days, or such other longer period as may bo tixed by any such notice, in all lespects comply therewith, when tho engiTieer may, either on behalf of Her Majesty, or if he see tit, may, as the agent of and on account of the Contractor, but in either case at the expense of the Con- tractor, provide and employ such additional workmen, horses, machinery, and other plant, or any thereof, or such additional and materials respectively, as he may think proper, and may pay such additional workmen such wages, and for such ad- ditional horses, machinery or other plant, and materials respectively, such prices as he may think proper, and all such wages and prices respectively, shall thereupon at once be repaid by the Contractor, or tho same may bo retained and deduct cd cut of any moneys at any time payable to the Contractor; and Her Mtijosty may use, in the execution or advancement of the said work, not only the horses, machinery, and other plant, and materials so in any case provided by any one on Her behalf, but also all such as may have been or may be provided by or on behalf of the said Contractor. i i ngineer not in ently sound or to the intended d, the engineer er material or I thereupon the lisilion, and if been complied ich work, to be ajosty all such jrial, matorialsp tion, retain and contractor. oever, provided ectod under the ling so provided imo shall, on no )ose» of the said (lajesty shall not Belay in Execution. 14. In case the Contractor shall make default or delay in diligently continuing to execute or advance the works to tho satisfaction of the Engineer, and such delault of delay shall continue for six days after notice in writing shall have been given by the engineer to the contractor rci^uiring him to put an end to such default or delay, or in case the contractor shall become insolvent, or make an assignment for the benefit of creditoi's, or i;eglect either personally or by a skilful and competent agent to sap (Signed) H. A. Fissiault. ) (Signed) A. P. MACDONALD. [L.S.] ablic, to |e before Tie being ring due (titled to used or I reason - lorefrom, Itermip ju lowever, 19— 3J j 36 This Indkntuhk made tho tenth day of Fo'iruary, one thousand eight hundred and eighty, between PATKICK PUR(^ELL,of Willitini.stown, HUGH KYAN.of Perth, JAMKS GOODWIN of Oilawa, in the Province of Ontario, and JAMES N. SMITH, of Brooklyn, in the State of New York, one of the United States of ^iorth America, carrying on together the business of contractors as partners undor the name, style, and fir time be fur- nished (which said speciiicjations and memuiandum are hereby declared to bo part of this contract), and to tho complete satisfaction of the chief engineer for the time being having control over the work. Oiv'ssions to be Made Good. 4. The aforesaid specification and memorandum, and the sovoi-al parts of this contract shall be taken togetiicr, to explain each other, and to make tho whole con- eistont; and if it be found that anything has boon omitted or mis-stated, which is necessary for tho proper performance and completion of any part of tho work con- tiamplatcd, tho contractors will, at their own oxpense, execute tho same as it had been be lii Hunt contri durini fbirnc amoul any o| euch with a bo vol tract ontifclcl boj-onf thorei (whicj agree , remaiJ works,! m nih-ec! Perth, IITH, iiorica, , style, iQ first P Eail- of the he con- text re- ers and ler this ■ e being isistants 38 given it to his may see I and ex- id to and ract Her ■ever the adminia- nship. rcry kind ?or neces- or refer- .or, 1878, ed and to toil mem- to the ro- (ity, on or The said hcd in the ft confor- no be lur- lio jiart of imo being irtrt of this whole con- J, which is work con- it had been properly described, and the decision of the engineer shall be final as to any snch error or omission, and the correction of any such error or omission, shall not be deemed to be an addition to or deviation from the works hereby contracted for. Engineer may Order Extra Work and Make Changes. 5. The chief engineer, with the sanction of the Mininter, shall be at liberty at any time, either before the commencement or daring the construction of tho works or any portion thereof to order any work to be done, and to make any chan^'es which he may deem expeJient in the grades, the width of cuttings and fillings, tho dimen- eions, character, nature, location, or position of the works, or any part or parts thereof, or in any other thing connected with the woik, whether or not such changes diminish the work to bo done, or the cost of doing the same, and the contrac-tors shall immediately comply with all written requisitions of the engineer in that behilf, bnt the contractors shall not make any changes in or adlition to, or omission, or deviation from the workx, unlo-s directed by tho engineer, and shall not be entitled to any pay- ment for any change, addition, or deviation, unle^<8 such chfinge, addition, omission, ^r deviation shall have been first directed in writing by the engineer, and notified to the contractors in willing, nor unless the price to be paid for any additiotial work shall have been previously fixed by the Minister in writing, and the decision of th« engineer as tr this contract to tho maximum above state); and so so )n as the said maximum am mnt will be expended, this con- tract will thm 1)0 considered as ended, and tho contractors will not thoieat'ler be entitled (o coh'Imio the works under this (!ontra''t, or to rei-oivo ;inyftirthor payment boyond tho •^aid tnaximum amount, unless tho Alini-»tor should authorize an 1 dMX'ct fur- ther oxponliturc ; in whicli case, it is undorstoo I that tho Minister will have tho right (which is hereby expressly r>sorved) t) direct that any works, which m ly then remain to be done, sli ill bo executed under this contract; and the contractors hereby agree to exocuto the same at tho rates or prices hereinafter mentioned, as if those remaining works formed part of this contract. Provided also, that in case tho said works, on completion, by reason of alterations, variations, deviations, diminutions, viations, f 38 omisHioDS, or otherwise, should not amount to tho total sura above mentioned, the- coiuifau oirt will not be cntilled to tho payment of the diffo'-onco in coat, whatsoever the same may be. No compensation sihall, in any case, be claimable by tho contractors for any io^s ol anticipated profits. Engineer to be Sole Judge of Work, Material, dke. 8. That the engineer shall be the solo judge of work and material in respect of both quantity and quality, and his decision on all questions in dispuio with regard to W(irk or material, or as to tho moaning or intention of this contract, and the plans, specitifations and drawings shull be tinal, and no works or extra or additional works or changes shf.ll be deemed to have been executed, nor shall the contractors bo entitled to payment for the same, unless the same shall have been executed to tho satisfaction of the engineer, as evidenced by his certificate in writing, which certiti cate shall bo a condition precedent to the right of the contractors to bis paid therefor Schedule of Prices. 9. It is hereby distinctly understood and agreed, that the repective portions of the works set out or referred to m the list or schedule of prices to bo paid tor the dif- ferent kinds of work, include not merely the particular kind of work or materials nientionod in said list or schedule, but also all and every kind of work, labor, tools and plant, materials, articles and things whatsoever necessary for the full execution, and conijtloling ready for use of the repective portions of the works to the satisfac- tion ot tho engineer. And in cjise of dispute as to whut work, labor, muteiials, tools and nli'it are or are not so included, the decision of the engineer shall bo tinal and oonolasive. Foreman. 10. A competent foreman is to be kept on the ground by tho contractoi-s daring all the working hours, to receive the orders of the engineer, and should the person so appointi'd bo lieemed by the engineer incompetent, or conduct himself improperly, he may bo di-charged by tho engineer, and another shall at once he ap])i)iMted in his Btead ; i«uch foreman shall be considered as tho lawtuj representative of the contrac- tors, nn ! shull have full power to carry out all requisition-5 and instructions of the said engineer. Unsuitable Material or Imperfect Work. 11. In case any material, or other things, in the opinion of the engineer not in accordance with the said sovoial finrts of this cotitruct, or not sutHcion'iy sound or otherwise unsuitable for tho respective works, be used for oi- brought t<) tho intended works, or any part thereof, or in case any work be improperly execute I, ihoengineer may ie(iuiro tho contractors to remove the panic, and to provide projiei- niatorial or other things, or properly re-execute the work, as the case miiy bt», and thoifupon the contiactors shall and will iramediiifely ofdt the dela^ the ' in 39 ed, the- tsoover ractors spect of sgard to e plans, 1 works 3 tors bo d to the I certifl herefoi" rtiona of I- the dif- naiei'ialft )or, tools (xocution. ) satisf'ivc- als, tools Siial and i-s during person so iroperly, ted in his contracv ons of the Erovisiona of the last preceding clause, shall from the time of i heir heing so provided ecome, and until the final completion of the said works, shall bo the properly of Her Majesty for the purposes of the said works, and the same shall on no account be taken away, or used or disposed of except for the purposes of the t.aid works, without the consent in writing of the engineer, and Her Majesty shall not bo answerable for any loss or damage whatsoever which may happen to such machinery or other plant, material or things, provided always that upon the completion of the works and upon pa} ment by the contractors of all such moneys, if any, as hhall be duo from them to Her Majesty such of the said machinery and other plant, material and things as shall nc h.M'e been used and converted in the works, and shall remain undisposed of shall, aw I'' maud, be delivered up to the contractors. Insufficient Machinery. — Material or Labour to be Increased. 13. If the engineer shall at any time consider the number of workmen, horaes or ud s III' other no dedu'.:t. ■, provided under the- i Belay in E.cecution. — IVork may be taken out of Contractors' Hands. H. In ase ilio contractors shall make default or delay in diligently continuing to exocut 1 < advniice the works to the satisfaction of the engineer, and sueh default of delay a-i'. ' • »riinuc fur six days after notice in writing shall have been given by the enginc<.> i till' '■ontractors requiring them to put an end to such default or delay, or in C'lsa (lie contractors shall become insolvent, or make an assignment for the benefit of creditor-*, or neglect, ether personally or by a skilful and competent agent, to superintend the works, then in any of such cases Her Majesty may take the work out of the contractors' hands and employ such moans as She may see fit to complete tho work, and in such cases the contractors shall have no claim for any further pay nionts in iD-ipoct of the works performed, but shall novortheloss remain liable for ail loss and damage which may bo suffered by Her Majesty b}' reason of the non-(!ompleii<)n hy the contractors of the works; and all m itori.ds md things whatisoovor, and all horso-<, macdiinery and other plant provided by them tor the pur- poses of the works, shall remain and bo considced as the property ol Her Majesty for the pui po-es and aieording to the provisions of the said conditions contained in the twelfth clause hereof. 40 Contractors to take Risk of all Loss or Damage. 15. The contractors shall bo at ibo risk of and shall boar all loss or dama/j;© whatsooevor, from whatsoever cause arising, which may occur to the works, or any of them, until the same be fully and finally completed and delivered up to and ac- cepted by the said Minister for the time being ; and if any such loss or damage occur before such lina! completion, delivery ani^ rcceptance, the contractors shall immedi- ately, at their own expense, rep;iir, restc i^nd re-execule the work so damaged, so that the whole works, or the respective pu t jof, may Jbe completed within the time hereby limited. Contractors to have no Claim for Delay. 16. The contractors shall not have or make any claim or demand, or bring any action or suit or petition against Her Majesty for any damage which thoy may sustain by reason of any delay in the progress of the worii, arising from the acts of any of Her Ma;esty'8 agents, and it is agreed that in the event of ar)y such delay the contractors shall have such further time for the completion of the works as may be fixed in that behalf by the Minister for the time being. Contractors not to make Assignment. — Work may be taken out of Contractors' Hands. 17. The contractors shall not make any assignment of this contract, or any sub" contract, lor the execution of any of the works herol)y contracted for and in any event no such assignment or sub-fontract, even though consented to, sliall exonerate the contractors from liability, under this contract, for the due performance of all the work hereby contracted for. In the event of any such assignment or subcontract* being made, then the contractors shall not have or make any cl.iiin or demand upon Her Majesty for any future payments under this contract for any furthiM- or greater Bum or sums tiian thosum or sums respectively at which the work or works so assigned or sub-contracted for shall have Iteen undertaken to be executed by the assignee or sub-contractor; and in the event of any such assignment or Nub c ntract being made without such consent. Her Majesty mny take the work out of the contractor's hands, and employ sufh means as she may see tit to complete the same; ami in such case the ronti actors shall have no claim for any further payment in re-pect ol the works peKormed, but shall nevertheless remain liable for all lf)ssaMd damago which may be srifered by Hi.r M.ijosty by reason of the non completion by the contractors of the works; and all materials and things whatsoever, and all hurses, macliincMy and other plant provided by them for the purpo-es of the works, shall rem lin and be considered as the property of Her Majtssty lor the purposes and according to the provisions and couditions contained in the twrlfth clause hereof. 18. Time shall be deemed to be of the essence of this contract. Contractors Responsible for Damage. shall be responsible for all damages claimab'e by any person )r, in respect of any injury to pei'sons or to iamls, laiildings. 19. The contractors sV or corporation whatsoever, it. ,.,. ^ -,,-., - ,- - - , o-i ships or other property, or in respect of any itif'rintrenient ol any right whatsoever, occasioned l>y the performance of the saiil works, or by any nciikct or misfeasance or non-misfeasance on their part, and shall and will al their own expense, make such temporary provisions as may be necessaiy foi- the proleciion of juMsons, or of lands, buildings, ships or other properly, or for the unititerruptod erijoyment of all righln of persons or corporations, in and during the pei'formanceof the said workri. Failing to pay Salc'es or Wages. 20. If the contractors fail at any time in jiaying the salaries or waije^ of any person emj)loyed by them upon or in respect of the said woi ks, or any of them, and 41 any part of such salary be one month in arrear, or if there be due to any such person one monthn wiigos or salary, the engineer may notify the contractors to pay such salary or wages, and if two days elapse and the same be not paid in full up to the date of payment or to such other date as may be in accordance with the terms of employment of such person, then Her Majesty may pay to such person salary or wages from any date to any date, and to any amount which may bo payable, and may charge the same to the contractors, and the contractors covenant with Her Majesty to repay at once anv and every sum so paid. Stakes and Marks to be Protected.. 21. The contractors will protect and will not remove or destroy or permit to be removed or destroyed, the stakes, buoys and other marks placed on or about the said works by the engineers of the works, and shall furnish the necessary assistance to correct or replace any stake or mark which through any cause may have been re- moved or destroj'ed. Contractors' Address. 22. Any notice or other communication mentioned in this contract to be notilied or given to tbo contractors shall be deemed to be well and sufKciently notified or given, if the same he left at the contractors' office or mailed in any post office, to the contractors or foieman, addressed to the address mentioned in this contract, or to the •contractors last known place of business. Schedule of Prices. 23. And Her Majesty, in consideration of the promises, hereby covenants with tTie contractors, that they will bo paid for and in respect of the works hereby con- tracted for, and in the manner sot out in the next clause hereof the several prices or sums following, viz: SCHKDULB OF QUANTITIES AND PRICES. 'Approximnte Quantities. 400| Acres CIearin(j per acre 10, do iCloHp cutting do 10 do Tiriihbing do 10,000 L. IVet FcnciiKT perl ft. 200,000 C. yards .Soli.) rook excRTftticn . pero.yd 300,000 do LcMise rock ezcariition do Ainou''t. cti. 3,000,000 2,000 flay 600 J 00 600 do jEiirth excATHtion (including that described in I 01au9e 13 of tjpecificution) do L- feet Under-drains « per 1. ft. Tunnelling (Sre clause 3'2 < T .'JpeoificRtion). do "L'ne tunnels" do do |"TwfWefeet — stream tunnels" do do i"ijix feet— stream tunaels" do 25 00 .30 00 100 00 06 180 (10 75 10,000 00 300 00 1,000 00 600 00 360,000 00 22.-,000 00 30 40 900,000 00 800 00 120 00 60 00 ao 00 72,000 00 6,000 00 10,000 00 It ill m 42 SCHEDULE OP QUANTITIES AND VRICES— Continued. 'Approximate Qaan titles. Description of Work. 35,000 0. yards Bridge masanry. „ per e. yd 10,000 do Culvert masimTT do ;jj,000 do Dry masonry (retaiaing walls, etc.) do 1,000] do Paviuic « do 1,000 do Concrete do 30,000 do Rip-rap do 600 L. feet Cast iron piprs, 3 ft. diameter inside, 1 in. thick, Ixid in concrete (tlie concrete not in- cluded in tbiA item) per I. ft. 1,000 0. yards Hand-laying rock embankments, where slopes are steeper than 1 to I (labour only) per c. yd. 1 No. Timber bridge superstraciure, 150 ft. clear per spaa I do du do 125 do « do 34 do do do 100 do do 1 do do do 60 do - do 1 do do do 40 lo do ' l(See clauses 42 and 43 of Specification) 200, L. f^et 2,00>n<)ion9 of timber (if rfquircd to bo u.ied) at proportionate prires. Piles driven . .-^-e rlause 40 uf Specificaiioa) do Kound t mber fur crib-wbartiag, &c , not less than 12 in. diameter do Flattecl timber in road diversion culverts, 12 in. thick do Plank ... „ „ per M. W roil firht iron per lb. Cast inm - do Tiia each. Carriage of railn and fastenings from lower end of geciion, includiag all baodliag. per tnn. Trackl-fyuig per mil", Bi«llK»tici|; per c. yd. Setting points and crossings each. Public roa I I'-vel crossings, comprising limber cattle-gunrds, planking, groali timb'r cul- verts under approaches, and notice-boards, ciim|ilete do To cover work which possibly may be required uirlerrlau^eH 18, 43 and 91 i.f General .Speci- fication, short quRtitities and contingencies —add, say, $230,000 Total Rates. $ cts. 12 00 8 00 3 00 2 50 7 00 2 00 30 00 60 5,800 00 4,i0) 00 3,000 00 1,'00 00 1,000 00 60 45 40 30 50 30 25 30 00 12 10 30 1 00 250 00 AO 40 00 150 00 Amotint 9 cti. 300,000 00 80,000 00 75,000 00 2,500 00 7,000 00 60,000 0* 15,000 00 600 00 6,800 00 4,200 00 02,000 00 1,500 00 1,000 00 120 00 SOO 00 80 00 60 00 6,000 00 3,000 00 750 00 300 00 120 00 10 00 22.500 0> 3.000 00 7,500 00 40,000 00 80O 00 300 00 250,000 00 2,57 \iitO 00 •NoTs. -Some of I he quantities printed in this column are estimated from preliminaiy location ■leasurenienis, and niny be considered roughly approximate; other items are 8im|ily cunjectured and fti« placed herein for the purpose of obtaining rates. 43 rayments. 24. Cash paymenlH oijual to about ninety per cent, of the value of the work done, approximately made up from returns of progrotiH measurements and computed at the pimcs agreed upon or doterniinod under the provisions of this contract, will bo made to the contractors montiily on the written certificate of the engineer that the work for or on account of whiih the certificate is granted, has been duly executed to his 8ati>f action, and stating the value of such work computed aa above mentioned — and upon approval of such certificate by the Minister, for the time being, and the said certificate and such approval thereof shall be a condition precedent to the right of the contractors to be paid the said ninety percent, or any part thereof. The remaining ten per cent, shall be r«tuined until the final completion of the whole work to the satisfaction of the Chief Engineer for the time being, having control ovnr the work, and within two months after such completion the remaining ton per cent, will be paid. And it is hereby declared that the written certificate of iho said engineer cortifjing to the final completion of said works to his saticfaction ahull be a a condi- tion precedent to the riaht of the contractors to receive or be paid the suid remaining ten per cent., or any part thereof. Monthly Estimates. 25. It is intencled that every allowance to which the contractore are fairly entitled will be embraced in the engineer's monthly certificates; but should the con- tractors at any time have claims of any description which thoy consider are not included in the prngross certificates, it will bo necessary for thoin to make and repeat such claims in writing to the engineer, within fourteen days after the dale of each and every certificate in which they allege such claims to have been omitted. Claims by Contractors. 26. The cofitractors, in presenting claims of the kind referred to in the last clause, must accompany them with satisfactory evidence of their nccniacy, and the reason why they think they should be allowed. Unless such claims are thus made during Iho progress of the work, within fourteen days, as in the preceding clause, and repeated, in writing, every month, until finidly adjusted or rejected, it must be ciearlj' understotxi that they shall be forever shut out, and the contractors shall have no claim on Her Majesty in respect thereof. Progress Measurements. 27. The progress measurements and progress certificates shall not In anj' respect be taken as an acceptance of the work or release of the con tractors from responsibility in respect thereof, but thoy shall at the conclusion of the work deliver over the same in good order, according to the true intent and meaning of this contract. ^ Operations may be Suspended — Resumed. 28. ITer MnjoRty shall havo the right to suspend operations from time to lime at «ny particular ])oint or points or upon the whole of the works, and in the event of such right beiniT oxcrciseil so as to cause any delay to the contractors, then an extension of time equal to such pn\>lic to suspend the work horeliy contrac'ed for. or any portion thereof, at anv tim« liolWre its cora- pletioi, and t" put an end to this ontract, the Minister for tho time being shall have full power to stop the work and to cancel this contract, on giving duo notice to that 45 ortcct to the contraclofs. The contiuutors, howovor, will be entitled to rec^oive pay- ment for nil wiivns tln5n duo for work already done, materials ii-od or delivered, or ready to bo used, or in course of preparation, together with (>ui!h roahonablo compon* Hation as will cover all 6o/i(iy?(/e damages, if any, resulting iherolrom, and uh ra:iy then bo agreed upon ; or, in case of disagreement, as may be dotormined by the Official Arbitrators of the Dominion of Canada; it being undor«lood, however, that no compensation will be allowed to or claimed by the contractoi'S for materials ])rocurod for tho works, after the date of tlio service of the noUee above referred to, or for any loss of anticipated profits, either in respect of the woi'ks so suspi^nded as aforesaid, or of the materials then procured for said works. In Witness whereof, the contractirs have hereto set their hands and seals and these prosonis have been signed and sealed by tho said Minister, and countersigned by the Secretary of the Department of Railways and Canals, on behalf of Jler Majesty. Signed, sealed and delivered by the ^ contractors in presence of (Signed) F. H. Ennis, as to signature " Patrick Puecell," per H. Kyan, and in presence of (Signed) H. A. Fissiault, by " Hugh Ryan," " Jambs Goodwin," i and " James N. Smith, i per James Goodwin, his Attorney." J Signed, sealed and delivered by the iMinister, and countersigned by thj Secietary in the presence of (Signed) H. A. Fissiault. (Signed) PATRICK PURCKLL, [L.S.] per II Ryan. HUGH RYAN, f L.S.] JAMES ItOODW IN, (L.S.l JAMES N. SMITH, [L.S] per JAMES GOODWlN, his Attorney. (Signed) CHARLES TUPPKR, Minister of Railways and Canals. (Signed) P. BRAUN, Secretaiy. fL.S.j SURETIES' INDBNTURB. This Indenture, made the tenth day of February, one thousand eight hundred and eighty, between EDWAUD GRIFFIN, Gentleman, and ALEXANDER MOR- TIMliR, Bookbinder, both of the Cily of Ottawa, in the Province c^ Ontario, hereinalter called "The Sureties," of tho first part, and Her ilaje;ty Queen Victoria, of the second part. WITNESSETH, that tho sureties hereby for thomselvev, ard each of 'hem, their and each of their heirs, executors and administrators, jointly and sover;ed bN- or on behalf of Her Majesty, or by the engineer or engineers, or other pornoiis mentioned in said Indenture, may bo so exercised without notice to tho said sureties, and without iu any way releasing or interfering with tho liability of the sureties under their covenants herein 'jontained. In witne-s whereof, the parties hereto have hereunto set their hands and seals. Signed, sealed and delivered ^ (Signed) EDWARD GRU'FIN. [Seal, in presence 'if (Signed) F. n. Ennis. ( (Signed (_ (Signed A. MORTIMER. [Seal.] 46 i:: This Indenturk, madolho twenty third day of December, one thousand eight hundred and seventy-nino, between ANDRKW ONDKKDONK, of San Fruncisco, in tlie Slate of California, one of the United Stales of North America, Contractor and Oivil Engineer, hereafter called " the Contractor," of the first part, and Her Majcwty Queen Victoria, ropresented herein by the Minister of Baiiways and Canals, of the second part, WITNBSSBTII, that in consideration of tliu oovenanta and agreements on the part of Her Majesty hereinafter con- lainod, the contractor covenants and agrees with Her Majesty an follows : — Work. — Engineer. 1. In this contract the word "work" or "works" shall, unless the context require a different meaning, mean the whole of the work and the materials, matters and things required to bo done, furnished and performed by the contractor under this contract. The word "engineer" shall mean the chief engineer for the time being having control over the work, and shall extend to and include any of his asi^istants acting under his instructions, and all instructions or directions, or certificates given, or decisions made by any one acting for the chief engineer, shall bo subject to bis approval, and may be cancelled, altered, modified and changed, as to him may seem fit. , On whom Binding. 2. All covenants and agreements herein contained shall be binding on and extend to the executors and administrators of the contractor, and shall extend to and be bind- inii upon the successors of Her Majesty, and wherever in this contract Her Majesty is referred to, such reference shall include her successors, and wherever Ihe contractor is roforrei to, such reference shall include his executors and administrators. Labour, Plant and Material. — Time for CompletioA. 3 That the contractor will, at his own expense, provide all and every biL.J of labour, machinery and other plant, materials, articles and things whatsoever necessary for the due execution and completion of all and every the works set out or referred to in tho general specirtcations hereunto annexed, dated 30th November, 1878, and marked A, an(i set out or referred to in the plans and drawings prepared and to be prepared for the purposes of the wo/'k, and in accordance with tho printed memo- randum herewith annexed, marked B, and will execute and fully complete the res- Eective portions of such works and deliver tho same complole to Her Majesty, on or efore the thii-ty.first day of December, A.D. one thousand eight hundred Und eighty-four. Materials', and Workmanship. The naid work to be constructed of the best materials of their several kinds, and finished in the best and most workmanlike manner, in the manner required by and in strict conformity with the said specifications and drawings wliich may from time to time be furnished (which said specifications ere hereby declared to be part of this contract), and to the complete satisfaction of the chief engineer for the time being having control over the work. Omissions to be Made Good. 4. The aforesaid specification and memorandum and the several parts of this contract shall bo taken together, to explain each other, and lo make tho whole oonsistent; and if it be found that anything has been omitted or mia-btated, which is necessary for tho proper performance and completion of any part of tho work cod- 41 templatcd, the conlnictor w'll, nt his own expense, execute tho siinjoiiK if it hdd lioon proporU dop(;ritictl, juui the decision of the on^^incor Hhuil ho lintil aw to iiny siii h error or omiBsion, and tho correction of any nuch eri'or or omiHsion Khali not bo deetncd to be an addition to or deviation from tho worlrses, or quantity of machinery or other plant, or the quantity of proper m. aerials, respec- t 'y, employed or providoil by the contractor on or for tho said works, to be 'Ticient lor the advancement thereof towards, com j)lotion within tho limited times, t the works are, or some part thereof is not being carried on with due diligence, tauH in every such case the said Engineer may, by written notice to tho contractor, require him to employ or provide such additional workmen, horses, machinery or other plant, or materials, as the Engineer may think necessary, and in case tho contractor shall not thereupon within thiee days, or such other longer period as may be fixed by any such notice, in all respects comply therewith, then the Engineer may, either on behalf of Her Majesty, or if he see tit, may, as the agent of and on account of the contractor, but in either case at tho expense of the contractor, provide and employ such additional workmen, horses, machinery and otiior jjlant, or any thereof or such additional and materials respectively, as he may think proper, and may pa^- such additional workmen such wages, and for such addiiional horses, machinery or other plant and materials, respectively, such jiricos as ho may think E roper, and all such wages and pri(!0s, respectively, shall thereupon at once be repaid y the contractor, or the same may bo retained and deducted out of any moneys at any time payable to tho contractor; and Her Majesty may use, in the execution or advancement of the said work, not only tho horses, machinery and other plant and materials so in anj' case provided by anyone on Her behalf, but also all such as may have been or may be provided by or on behalf of tho said contractor. Belay in Execution. — Work may be taken out of Contractor's Handi. 14. Tn case the contractor shall inake default or delay in diligently continuing to execulis or advance the works to the satisfaction of the Engineer and such detiiult or delay shall continue for six days after notice in writing shall have been given by the iMigineer to tho contractor requiring him to ])ul an end to such dotUult or delay, or in case the contractor shall become insolvent, or make an assignment for tho benefit of creditors, or neglect either personally or hj a skilful and competent agent to superintend the works, then in any of such cases Her iMajosty 'nay take tho work out of tho contractor's hands and employ such means as sho may hoe iit to complete the work, and in such cases the contractor shall have no ciaiin i'o:- any finiher payment in respect of the works performed, but shall neverthole s reinitin liable for all loss and damage which may be sutl'eied by Her Idajesly by reason of the non-completion by the contractor of the works, and all materials and things what- soever, and all horses, machinery, and other plant provided by him for tho j>urposo8 of tho works, shall remain and be considered as the property of 11 v.' Miijesty for the purposes and accordir.g to the provisions and conditions contained in the twelfth clause hereof, 19-4 -— pAjJU^ j.- 50 Contractor to take risk of all loss or davxage. 15. The contractor shuU be at the risk of, and Hhall bear all loss or damage what- Boevor, from whatsoever cause arising, which may occur to the works, or any of them, until the same be fully and finally completed and delivered up to and accepted by the said Minister for the time boirrg, and if any such loss or damage occur before such final completion, delivery and acceptance, the contractor shall immediately, at his own expense, repair, restore and re-execute the work so damaged, so that the whole works, or the respective parts thereof, may be completed within the time herabj limited. Contractor to have no claim for delay. 16. The contractor shall not ha\e or make any claim or demand, or bring any action or suit or petition against Her Majesty for any damage which he may sustain by reason of any delay in the progress ot the work, aiising from the acts of any of Her Majesty's agents, and it is ag.eed that in the event of any such delay, the con- tractors shall have sucli further time for the completion of the works as may be fixed in that behalf by tbe Minister for the time being. Contractor not to make assignment. — Work may be taken out of Contractor' s hands. 17. The contractor shall not make any assignment of this contract, or any sub- contract, for the execution of any of the works hereby contracted for, and in any event no such assignment or sub-contract, even though consented to, shall exonerate the contractor from liability under this contract, for the due performance of all the work hereby contracted for. In the event of any such assignment or sub-contract being made, then the contractor shall not have or make any claim or demand upon Her Majesty for any future payments under this contract for any further or greater sum or sums than the sum or sums respectively at which the work or works so assigned or sub-contracted for shall have been undertaken to be executed by the assignee or sub-contractor, and in tho event of any such assignment or sub-contract being made without such consent. Her Majesty may take the work out of the contractor's hands, and employ such menns as she may see tit to complete the same, and in such case the contractor shall have no claim for any further payment in respect of the works performed, but shall nevertheless remain liable for all loss and damage which may be sutlerod by Her Majesty by reason of the non-completion by the contractor of the works, and all materials and all things whatsoever, and all horses, machinery, and other plant provided by him for the purposes of the works, shall remain and be considered as the property of Kev Majesty for the purptsos, and according to the provisions and conditions contained in the twelfth clause hereof. 18. Time shall bo deemed to be of the essence of this contract. Contractors responsible for damage. 19. The contractor shall be responsible for all damages claimable 'jf any person or corporation whatsoever, in respect of any injury to persons or to lands, buildings, ships, or other property, or in respect of any infringement of any right whatsoever, occasioned by the performance of the said works, or by any neglect or misfeasance or non-misfeasance on his )>art, and shall and will at his own expense, make such temporary proviiiions as may bo necessary for the protection of persons, or of lands, buildings, ships, or other property, or fo*' the uninterrupted enjoyment of all rights of persons or corporations in and during the performan."e of the said works. Failing to pay salaries or wages. 29. If the contractor fail at any time in paying the salaries or wages of any pei-son eraj)loyed by him upon or in respect of the said works, or any of thorn, and 51 any part of such salary beono month in arroar, or if there be due to any such person one month's wages or salary, the Engineer may notify the contractor to pay such salary or wages, and if two days elapse and the same be not paid in full up to the date of payment, or to such other date as may be in accordance with the terras of employment of such person, then Her Majesty may pay to such person salary or wages from any date to any date, and to any amount which may be payable, and may charge the same to the contractor, and the contractor convenants with Her Majesty to repay at once any and every sura so paid. Stakes and marks to be protected. 21. The contractor will protect and will not remove or destroy or permit to be removed or destroyed, the stakes, buoys, and other marks placed on or about the said works by the Engineers of the works, and shall furnish the necessary af^sistance lo correct or replace any stake or mark which through any cause may have been re- nr.oved or destroyed. Contractor's address. 22. Any notice or other communication mentioned in this contract to be notified or given to the contractors, shall be deemed to be well and sufficiently notified or given, if the same be left at the contractor's office or mailed in any post office, to the con- tractor or foreman, addressed to the address mentioned in the contract, or to the con- tractor's last known place of business. ges of any them, and Schedule of prices. 23. And Her Majesty, in consideration of the promises, hereby convenants with the conti-actor, and he will be paid for, and in respect of the works hereby contracted for, and in the manner set out in the next clause hereof the several prices or sums following, viz., : SCHEDULE OF QUANTITIES AND PRICES. 200 Acres 10; do 10 do 10,000 L. feet 200,000 U. yards 100,000 do 2, 500, 000 i do Cluaring per acre niose culling do Grubbing do Ptacii;s per 1. ft. Soliil i;jc,k excavation perc.yd. jLoo.ii: rock excavation do [Kartli (xcavation (including that described in I clause 12 of Specification) do 2.000 L. feet Under-drains perl. ft. Tuunelling (See clause 32 of Specification). Say 400 do 1" Line Tunnels" do 16,000 0. yardsiBridgc madonry perc.yd. 10,000 do iC 1 1 V'irt masonry do 30.000 do |i)ry masonry (rolaining-walls, etc) do 1.0001 do ll'uving do 1,000 do 0.)!icrete , do 20.0001 do llii'i-rap. do ll>— 4^ 40 00 1 8,000 CO 50 00 500 00 100 00 1,000 00 05 500 00 1 60 320,000 00 80 80,000 00 30 750,000 00 40 1 800 00 105 00 42,000 00 12 00 180,000 00 7 00 70,000 OC 4 00 120,000 00 3 (10 3,i>00 00 00 6,000 00 2 00 40,000 00 62 SCHEDULE OF QUANTITIES AND FRIGES— Continued. •Approximate Quantities. 600 1,000 2 19 1 2 1 1 1,000 6,000 1,000 1,000 10,000 10,000 10,000 20,000 3,000 600 75,000 L. feet 0. yards No. do do do do do L. feet Jo do do do do do F. B.M. Lbs. do No. Description of Work. Oast-iron pipes, 3ft. diameter inside, lin. thick, laid in concrete (the concrete not included in this item) per 1. ft Hand-laying rock embankments, where slopes are steeper than 1 to 1 (labour only) ....per c. ^d. Timber bridge superstructure, 150 ft. clear per span do do do do do do do do do do 100 60 50 40 30 do do do do do do do do do do Rates. Amonnt. 3,000 Tons. 30 100,000 20 7 Miles 0. yards No. do (See clauses 42 and 43 of Specification.) Timber, best quality, for beam-culverts, tic. : 12 ft. X 16 ft perl. ft. 12 ft. X 12 ft do 8 ft. X 16 ft do 8 ft. X 12 ft do Uther dimensions of timber (if required to be used) at proportionate prices. Piles driven (See clause 40 of Specification) do Round timber for crib-wharffng, &c., not less than 12in. diameter do Flatted timber in road diversion culverts, &c., 12in. thick do Plank per M. Wronght-iron per lb. Oast-iron do Ties each Oarriage of rails and fastenings from lower end of section, including all bandliuK per ton Tracklaying per mile Ballasting per c. yd. Setting points and crossings each Public road level crossings, comprising timber cattle-guards, planking, small timoer cul- I vert under approaches and notice-boards, I complete do To cover work which possibly may be required under clauses 18, 43 and 91 of General Speci- ficatJMn ; short quantities, cofferdams and contingencies, add, say, $260,000 $ cti. I 10 00 : 1 00 ' 7,600 90 4.000 00 2,100 00 2,100 00 1,400 00 1,400 00 40 40 30 30 40 26 $ cts. 6,000 00 1,000 00 15,000 00 76,000 00 2,100 00 4,200 00 1,400 00 1,400 00 400 00 2,000 00 300 00 300 00 4,000 00 2,500 00 30 3,000 00 25 00 500 00 20 600 00 20 100 00 30 22,600 00 1 00 3,000 00 300 00 9,000 00 30 30,000 00 26 00 600 00 Total 60 00 360 00 260,000 00 2,056,950 00 * NoTi. — Some of the quantities printed in this column are estimated from prelimlaary location measurements and may be considered roughly approximate ; other items are simply conjeotured and placed herein for the purpose of obtaining rates. Payments. 24. Catth payments equal to about ninety per cent, of the value of the work done, approximately made up from returns of progress measurements and computed at the prices agreed upon or detormined under the provisions of this contract, will bo made r hv. in ro.' g.xx any enrli ai) (' aatil^ii dol.'iy impo coiihv any pond. suspc ro(.'ui\ to I 01) ll). 58 to the contractor monthly, on the written certificate of the engineer that the work for or on a (^ount of which the certificate in grantcJ, has boon duly oxocutod to his satisfaction, and stating the value of such wcrk computed as above mentioned — and upon approval of such certiiicate by the Minister for the time being, and the said certificate and such approval thereof shall be a condition pre- cedent to tiio i-ight of the contractor to bo paid the said ninety per cent, or any part thereof. The remaining Ion per cent shall bo retained until the final comple- tion of the whole work to the satisfaction of the chief engineer for the time being, having control over the work, ami within two months after such completion the remaining ton per cent will be paid. And it is hereby declared that the writtea certific-ato of the said engineer, certifying to the final completion of said works to his satisfaction, shall be a condition precedent to the right of the contractor to receive or ho paid the said remaining ten per cent., or any pait thereof. r Monthly Estimates. 25. It is intended that every allowance to which the contractor is fairly entitled, will be enibracctl in the engineer's monthly certificates; but should the contractor at any tii'io have claims of any description which ho considers are not included in the progress ccriificates, it will be necessary for him to make and repeat such claims in writing to the engineer, within fourteen days after the date of each and every certifi- cate ill which he alleges such claims to have been omitted. Claims by Contractors. Progress Measurnnen ts. 3B0 00 27. The I iro..'1-c.ss measurements and progress certificates shall not in any respect be taken as >vi uci.'cptance of tlio work or release of the contractor from responsibility in res]iect thereof, but ho shall at the conclusion of tiio work deliver over the same in good order, according to the true intent and meaning of this contract. Operaiions may be ^iuspeiided. — Resumed. 28. Her .Majesty shall have the right to suspend operations from linio to lirao at any pai ticula>' ;)oitit or points, oi' upon tlie whole ofthe works, and in the event of siicli right biiing exercisod so as to cause any delay to the contruclor, \\u)x\ an extension of time oipial to such delay or detention, to ho fixed by the -Minister asaitove pruvidotl for, shall bo allowed iiim to complete the contract, but no such delay sliall vitiate or avoid this contract or any part thereof, or ihe obligation hereby imposed or an^' concurrent or other bond or security for the performance of this coiilract, nor shall the contraclor bo entitled to any claim for damages b}' reason of an\ sui'h su-ipension of operations. And at any time afior operations have boon sus- pended either in whole or in part— such (,]ierations may bo again resumed and again suspended and icsumol as Her Majesly may think proper. And upon the contractor receiving written notice, on bjlialfof Her .Majesty, that the sus|)eii lo 1 o;ier:i(ions are to 1)0 iv^iinu'l, the coiilraclor shall atonco resume tho operations and diligently carry on the same. '■ \i 54 I il Appropriation by ParUament. 20. Siioultl the iimount now voted by Pai-liament, and applicable towards pay- ment for the woi'k herelty conti-acted for, bo ai any linio expended previous to the completion of the works, the Minister for the time being, may givo tlie contractor written notice to tbat olfect ; and upon roj?(r? yr'7e damages, if any, resulting therefrom, and as ma\' then be agreed upon ; or, in case of disagreement, as may bo detormineil by the oUici il arl)i- trators of the Dominion of Canada; it being understood, however, that no compensa- tion will be allowed to, or claimed by, the contractor for materials procured for the 55 workH, ftfter tho date of the service ot the notice above reforrod to, or for anj- loss of anticipated profits, cither in res])cct of the works so sunpended as aforesaid, or of tho materials then procured for said woi'ks. In Witness whereof, tho contractor hath hereto sot his hand and seal — ami these presents iiuvo been s'j^'thm] ai)d seaic'd by (ho said Minister, and coiintersiy virluc of the said Indenture, bo exercised by or on behalf of Her Majesty, or by the engineer or engineers, or other pcr.sons mentioned in said Indenture, may bu so oxercisotl withmit notice to the said sui-eties, and without in any way releUMii'f or interfering with the liab'lity of the sureties under tiieir coven;uits herein ciMihiined. In witness whereof, the parties beret) liavo hereunto set their h;uids and houls. Signed, sealed and delivered ^ in presence of '^ (Signed) (Signed) H. A. Fissiault. DU X(J A X MAC DO N^ Ali D A. P. .MACDOXALl). , fL.S.) (L.S.) NDENTUi'.E made the fifteenth day of Deceinbor, one thousand eight hun fd and suveiity-uiiio, between ANDRl^WONDERDONK, of San Francisco, in le Stale of California, one of tiie United Matet» of North America, Contractoi This Lndentuhe di th and Civil l-ltijiinoei hereafter railed "the Contractor" of the first in ractor part, and Her Majesty Queen A'ictoria repri-sentcd herein by the Minister of Eailways and Canals, of ilu' !>ooond part, WlTNESSl'JTU, that in consideration of the cr-" nants and a^i'oemetits on the part of Her Majentj'' hereinafter contained, the contractor ooveuanls and agrees with Her Majesty as follows : Work. — Engineer. and things reoui reit to be (lon e, fui'nished and performed by the > this cmitrwct. rn'lie word "Engineer," shall mean the CtiTef engin beingTr^riig coiiti\/I over the work, afid shall extend to and inc 1. In this contract t'lo word "work" or "works" shall, unless the context require a ditferent meaning, mean the whole of the work and the materials, matters the contractor under ^ engineei'fdr the tima 5, -V. — „ , -(.v. „„..,. v^v,u..v» ^^ ^.id include any of his aB^i^-tants acting ilfidor his instructions, and all instructions or directions, or certifi- cates given, or Jvc-sions made hy any one acting for the chief engineer, shall be subject to his i^)ijr()val, and may be cancelled, altered, modified and changed, as to him may se(^i lit. On icluom Bindhuj. 2. All covenants and aifreements herein contained shall bo binding on and extend u) iliu executors and aiPiiinistrators of the contractor, and shall extend to and b't biii.Jinj: u|i'>r ) tlic ^iucco^;J3i:d.ul'■lie !^ M.-iii-'-tyJ and wherever in thin contract Her .Majesty iu ic'.e.rcii to, Mich iTfe:x'nce sliall include her successor, and wiicrover the contractor is leler.tid to, saeli reference (jiiall include his executors and ad.iiinis- trators. J.abor, riant mill Material. — Tiinejov Lomjiletion. — Materials and WorJananship. / i]. That the contractor will, at his own expense, provide all and every kind of ' laboi', nui^'liincry aiid other plant, iriuteiials, articles, iind things whatsoever necessary lor ilic due execution and Cf iTij)letiot> cf all and every tlio work.n ^et oui o'" referred .J to htiic ^;eirs.vai>-noci;'.. ill- '1 s ':•,.•■ ei;r. >• :•.;: • (LiuiU-jd IJOili November. h^VS, and niVirlTcu AV'a'nd .set iiul or referred to ir^ !!;e ],I.ins and diawings prepared and to be prepared for tlio pu!]K)ses ot the work, and in accordance with the printt-d mem- orandum iierevvjili annexed, inai ked li. and wdl oxecut'i and fully complete the respec'ive poriions of such works and deliver the same compleio to Her Majesty, on or beloro the tliiitielh day of June, A.I.)., eighteen hundred and oiglily-live. Tiie »aid wOiU lo he consti acted of the best maierials of their several kiu'ls, and tinishei in the bcsl and most workmanlike manner, in the inMnner required by and in strict conlorniil}' vvitli iho said speciiic.-uions and drawings whicli may from time to time be lurnisuu I (which said sjiecificalions an i memorandum are hereby deelarod to be p.u t of this euntraci) ; an 1 to ihe (^'.nijilete satisfaction of the chief engineer lor llie lime being having control over the^vork. , Oii'ission-i to be made Good. ■1. The afore-aiil siA'ci^icatiou and nu'moran(ium, and the several p:irts of thie contract shall be taken together, 'o explain tach OLlier, and to make the whole eon- Bistent ; and if it be louod that anything his been omitted or mis-stated, which ia ne<«'sbary lor tiio ])ro])er ]H.'iforni;;iii.e and ct niplelioi; of any part t.f tlie work eon- temphitcd, iho co:jtrnctor will, at his own expense, execute the same as ii' it had been projiorly dcseritu'd,! and the decision of the engineer shall be linal a> to any i^uch erri'i" or omission, and the correction of any such error oromis> be talvon as tlic niaximun; amoual ot ii.is emtract, not to lie excei'de. 1 ; \i is horeljy specially agreed ihaii ^-iionld it, at any time during tho oxocution of tho .--aid woik, appear l;om tr.o cost of the wm'k then performed, us compared with the value of tho works still to bo done, th;;t such ma:iimum amount will be excoedod, whether by reason of additions, alterations, varialims, for any other cause whatsoever, iho conlracioi' v.'iU Liien be required to conrplete only such portion of the works heroin coiitemi)lated as will be indiialed by tlie engiiieer, with the view to limit tiio total expemiiluro Ui.der this contract to the maximum above Ktatcd ; and so toon as the said maximum amount W'.ll bo expended, thi': contract will then bo considc.'od as ended, and tho conliMctor will not thereafter bo ontirlod to contiime tho works under this contract, or to receive any further payrdont beyond tho said maxinnim amount, unle.-js the Minister shcndd authoii/.e and direct furtiior expcndiluro; in whiili (.a^e, it is understood that tho Minister will have tlie light (whi'di is hereby expressly reserved) to direct that any works, which m."iy then remain to bo done, shall bo executed under this contract; and tho cont;actor hereby agrees to execute tho same >U tho rates or prices hereinafter mentioned, us ff those remaiinng works formed part of this contract. Provided also, that in ca.^o iho said wcnks, on com]dotioii, by reason of altoiations, variations, deviations, diminutions, omissions, oi* otherwise, ^houll not amount to ihc total sum above mcntionetl, the cont! actor will not bo entitled lo l!io payment of the ditreronce in cost, what-oever tho tame may bo. No compensalion ^hall, m ;iny case, bo claimable by tho con- tra..' lor for any loss of anticipated profits. I' 58 Engineer to he sole Ju.l'je of Worl:,_ Materia', dkc. 8. That tho Eiii^inoor shall bo tho solo juil^o of work ami niiitoi'ial in ro.s|)C(!t of both quantity and qiialitj', and h\n docK->ion on all questions in dispute with regard to work oi- niatoi'ial, or as lo tho nu>anin;i; oi- inlonlion of Ihi-i contract and tiio plun-i, 8poc'itic:ilio!is and drawing;.-* shall ho rmal,|and no works or extra or additional works or changes shall bo deemed to have b^'ou. executed, nor shall the contractor bo entitled to paynionl for tho same, unle-r use of the ros])ective portions of the woi'ks i<) the satisfac- tion of tho Engineor.|And in case of clispuio as to what work, labor, materials, tools, and plant are or arc not so included, tho docisioa of tho engineer shall bo tinal and conclusive. Foreman. I 10. A competent foreman is to be kept on the ground by tho contractor during ,all the working hours^to receive the or lois of the en.;'ineer, and should the person BTTappointod bo deemed by the lOugineer to bo inco.iij)etent, or (iondiicl hiniieU'lm- properl}-, he may be disidiarged by the Ki) :finueij and another shall at onco be ap- pointed ill his stead; such f)renian sliall i)e c ) i-idore 1 r.s i ho lawful roi'/oscntativo of the Contractor, and shall have full power to e.ury out ail requisitions and in- structions of the said onginoer. Unsuitable Material or Tinperfert Work. 11. In case any material, or oilier things in tlio opinion of the engineei- not in aecoi'd nu e wilh tho said several parts of this coniract. or not sidliciently sound or othervviso unsuitable for tho respective works, bo used for or brought to tlio intended works, or any part thereof, oi- in case any woi'k be imjiroperdy executed, tho engineer may require the Contractor to remove tho sanie, an(,. to piovido proper mut.ei'ial or other things, or prope -ij- I'c-executo the work, as tlio case may be, and thereujion the contractor shall and wiii immediately comply with the f-aid requisition, and if twenty-four hours shad elap.-o .and ^uch rcciuisiliou hhall not have been coniplied with, the engineer may eauso su(di matorir.l, or olhor tiiings,'or such work, to be removed; and in any such case tho contractor shall [)a3' to llor Al .je>.ty t.11 such damages and expense as aliall l?o in -urrod in tho removal of such material, materials, or other things, or of such work ; or Her Majesty may, in her diserclion, retain and deduct such clatnages and expenses from any rmounts jniyable to t!io contractor. All Plant and Material to Bccoinc Properly of Ilcr MajeaUj. 12. All machinery and other plant, materials, and things wii:itsoever, provided by the contractor Wn- the works iiei'cby conlracle:! i!y)\-, and not rejected under tho provi-ions of the last ])receding clause, shall from thetinio of their being so provided become, and until tho iinal completion of tho said work-;, and tho same shall, on no account, be taken away, or used or disj)Osed of, except fijfr tho ]nii posos of tho said works, without the consent, in writing, of the ciigineer, and Ller Miijest3- siitill not 6'J bo niiHWOvablo foi- any loss or damago whatsoever which may happen to such muchiiiory, or other plant, material or tilings, provided always that upon the cum- plolion ot the worlc^, and upon ))aynient hy the coiilra'-lor of all such moneys, if any, as shall bo (iiio liH)ni him to Jier Majeslj- siidi ((f'tho said ma'-liineiy and oiher plant, material and things as shall not have be(!n used and coi,verle, respcc- tiveiy, empl>)y(ul or [irovided by the contractor, on av for the sai'i works, to bo • insuHi(^ient lor the advancement thereof towards com[)lclion within the limited times, or that tho works are, or some pai't thei'cof, is not being carried on willi duo diligence, tlien in oveiy such case the said engineer may, by written notice to tho ^ contractor, require him to employ or provide such additional workmen, liorses, ' \ machinery, or oilier jdant or materials, as the engineer may think nece^-sary, and in case tiio Contractor sl)all not theieupon within tlii'ce da^-s, or such olhei- longer pei'iod as may bo fixed by any such notice, in all ics[)ects comply tlieiewilb. when the engineer may, either on behalf of llor Majesty-, or if he see fit,-may, as the agent of and on account of the Contractor, but in either ease at the exjjonse of tho Con- tractor, provide and employ such additional workmen, horses, machinery, and other plant, or any •hereof, or such additional and materials respectively, as he may think proper, and ma}' pay such additional woi'kmen such wages, and for such ad- ditional horses, machinery or other jdant, anil materials respectively, such ]>vices as he may think proper, and all tuch wages and prices respectively, shall thereupon at once be repaid by tho Contractor, or tho same may be retained and dodu".icd '.^ut of any moneys at anj- time payable to tho Contractor; and llor Majesty may use, in the execution or aclvaiicoment ol the said woik, not oidy the horses, madiine'y, and other plant, and materiuls so in any case provided by any one on ilcr beiialf, but also all such as may have been or may be provided by or on belialf i,i the saiJ* Contractor. Delay in Execution. — Work may be taken out of Contractor's hands. J-t. In case the Contractor shall make default or delay in diligently continuing to execute or advance the works to the satisfaction (jf tho Engineer, and such uolault of delay shall continue for six daj's after notice in writing shall have been given by the engineer to (ho contractor roiuiring him to put an end to such default or delay, or in case tho t'ontractor shall become insolvent, or make an assignment for tho benefit of creditors, or i eglect either persomdiy or by a skilful and competent agon! to superin- tcr.d the '.vorks, then m any of such cases Her Majesty may take the work out of the con- tractor's hands and employ such means us she may sec lit to complete tho work, and in »uch ca^cs tho contractor siiall have no claim for any further payment in ro>|)ect of the work-s peribrmcd, but shall neverf 'leless remain liable for all loss and damage which may bo suffered by Her Majc-ity hy reason of tho non-completion by the contractor of the works: and all materials and thirigs whatsoever, and all horsea, machinery and other plant provided by him for the purposes of the woi'ks, shall remain and bo considered as the property of llor Majesty for tho purposes and according to tho provisions and condilioiis contained in tho twelfth clause hereof. Contractor to take Risk of all Loss or Damage, 15. Tho contractor shall bo nt tho risk of, and shall boar, all loss or damage whatsovcr, from whatsoever cause ftrising, wh.ich maj- occur to the worlc.-, or any of them, until tliosame bo fully and finally cur.ijdetcd and delivcied up to and accepted by the said Minister for tho^timo being ; and if any such damage or loss occur before 60 such final cotnplotion, delivery and apceptnnco, the contractor Hhnll immodiatoly at hia o.vn ox])onso repair, reistoro and re-oxoc;ule the work so damaged, ho ihat the whole workn, or the respective parts thereof, may be comiiloted within the time hereby limited. wag cbai rept i: :;i Contractor to have no Claim for Delay. 16. The contractor shall not have or piako any claim or do :\\v\, or bring any action or suit or jictition against Her Mnjosly i'ur any damage Wiiich he may sustain by reason of any delay in the progress oi the work, arising frora the acts of any of Her ^[a jest y's agents, and it is agreed that in the event of any stich delay the coa- tractor shall have such further time for the completion of the works as may be fixed in that behalt by the Minister for the time being. Contractor iwt to make Assignment. — Work may he taken out of Contractor's Hands. 17. The contractor shall not make any assignment of this contract, or any sub- contract, for the execution of any of the works hoieby coatracted for; and in any event no such assignment or sub-contiact, even though consented to, shall exonerate the contractor from liability, under this contract, for the duo performance of all the work hereby contracted for. In the event of any such assignment or sub-contract being made, tlieu the contractor shall not have or make any claim or demand upon Her Majesty for any future payments under this contract for any further or greater sum or sums than the sum or sums respectively at which the work or works so assigned or sub-contracted for shall liavo been undertaken to bo executed by the assignee or sub-contractor; and in the event of any such assignment or sub-contract being made without sucli consent. Her Majesty may take the vvorlc out of Hio contractor's himd.-', and employ such means as she ma3' sec lit to complete the same ; and in such case the contractor shall have no claim for any further payment in respect of the works ijcrfornied, but shall nevertheless remain liable for all los.s and • dam:igo wlacli may be sufforeJ by Her Majesty by jcasou of the non-completion by the contractor of the works ; and all materials and things whatsoever, and all horses, machineiy, and other jjlant provided by him for the purposes of the woi'ks, shall icniain and bo consideiod as the property of Her Majesty for the purposes and according to the provisions and conuilions contained in liie twelfth clause hereof. 18. Time shall be deemed to bo of the es.-enco of this contract. rem wor corr rem or j give cent oonl the I for, folic Contractor Itesponsihle for Damage, \i). The contractor shall bo responsible for all damages claimable by any person or cor^ioiation whatsoever, in respect ol' any injury to persons or to larids, buildings, ships cr oilier jirojierty, or in respect of any infringement of any right what.-.oever, occJih.icjiifil l.>y the performance ol the said woi'ks, ur hy an)' neglecl ur ini.-rea-anco '/r lion-niislci.-ance on his parr, and shall and will at his own expense, make such temjioi'ary pi'o\ isions as may be necessary for ihe jiroteetion of jh rsuns, or of lands, buildings, siiips or other jirttperty, or lor the uninterrupted enjoyment )f all rights of ])ei.':-ons or corjjorations, in and during the perfor;n;Hico of the said wwiks. Failing to I'aij Salaries or Wages. 20. If the contractor fail at any time in paying the salaries or wages of any peri-o!i en!])lo3-ed hj' him upon or in' respect of the said works, or any of them, and anj' 1 j'i't oisucli salaiy bo one inoniii in urrciir, or if tliei'o be i.luo to any such person one nii,iii!i's wages or salary, ilio ci'gii cr hmv notify the coiitr:tctor fo \':iy such saiai _}• or M ;c'jis, and ii' two (iiij s ciaj).-iu i.i;. iiio.-.tnio i.ie '.foi. iiuid iii I'lilt U|i lo (ho date of pfij-nient or to such other date as may be in acujuiuncc with the terms of employment of such jier^on, then Her Majesty may pny to such person salary or 3,01 Say 61 wages from any date to any date, and to any amount which may bo payabli mid may charge the same to the contractor, and the contractor covenants with Her ;ii:ijosty to repay at once anj' and every sum so paid. Stakes an(hMarks to be Protected. 21. The contractor will protect and will not remove or destroy, or permit to bo removed or destroyed, the stalcos, buoys and other marks placed on or about the said works by the engineers of the works, and shall furnish the necessary assistance to correct or replace any stake or mark which through any cause may have been removed or destroyed. Contractor's Address. '11. Any notice or other communication mentioned in this contract to be notified or given to the contractor shall be decerned to be well and sufficiently notified or given, if the same bo left at the contractor*!! office or mailed in any Post Office, to the contractor or foreman, addressed to the addiVss mentioned in this contract, or to the contractor's last known place of business. Schedule of Prices. 23. And Her Majesty, in consideration of ths premises, hereby covenants with the contractor that he will be paid for and in respeftt of the works hereby contracted for, and in the manner set out in the next clause hereof, the several prices or sums following, viz. : — scnapuLE OF quantities and PEICES. •Approximate Quantities. 25 6 10,000 L. feet 100,000 C. yards 50,000i do 3,000,000' do \ Description of Work. \- Rates. 2,000 L. feet Acres Clearing \, per acre do I Close cnttii K^, \. do do iGrubbing >, do Fencing ,\ perl. ft. Solid roclc cicavation ly. per c. yd Loose rock excavation ....\. do Earth excavatic" (ii-Jiudins; that dft^cribed in Clauf>'„ 13 of Specification) v do Under-drains .\ perl. ft. 250 100 100 do do do 10,000 C. yards 6,000 6,000 1,000 1,000 1,6000 do do do do do Tunnelling (flee clause 32 of Specification.}, "Line Tunnels." Thii tunnel will be formed in earth. The price per lineal foot of tunnel must cover excavation, centering, masonry and all expenses do " Twelve feet — Stream Tunnels" 4o " Six feet— Stream Tunnels" dt% Bridge masonry , perc yd Culvert masonry do Dry masonry (retaining walls, etc.)..,. do Paving do Concrete do Rip-rap „ do $ cts. 30 00 40 00 50 00 OG 75 75 1 27 20 60 00 20 00 15 00 1 10 50 10 00 1 8 00 \ 5 00 \ 5 60 1 \ 2 76 Amount. $ cts, 7oO 00 200 CO 250100 600 00 175,000 00 37,500 00 810,000 00 400 00 15,G00 00 2,000 00 1,500 00 105,000 00 50,000 00 40,000 00 5,000 00 5,600 00 41,260 00 !■ (■ t,Si If i SCHEDULE C2 OP QUANTITIES AND PJlICES—Con^/iM.!^/. 600 L. feet 1,000 0. yards No. do do do do 1,0001 L. feet 60,000: do 16,000l do 50,000 do 60,000! do 10,000 10,000 10,000 200,000 50,000 10,000 100,000 4,U00 I 42 130,000 26 2 do do do P. B.M. Lbs. do No. Tins. \ Cast-iron pipes>3ft. diHineter inside, 1 in. thick, liii ! in conVete (the concrete not includud in tlTiH item)V.. . per 1. ft. Band-luyinfC toa^ embankments, where slopes ■ n 1 to 1 (labor onl.v) pero yd, rstructure, 200 tt. cUiir ppr span do 160 do do do 126 do do do 100 do do do «0 do do 3 of Specification.) are steeper \ Timber bridge su do do do do (See clauses 42 and Other dimensions of t^ used) It proportic Piles driven (Sen clause 40) Round timber for crib Timber, best q;ialityi for beam culrerts, Ac. 12 ft. X 16 ft.... 12 ft. X 12 ft.... 8 ft. X 16 ft ... 8 ft. X 12ft,... 8 ft. X 10 ft.... per 1. ft do . do . do . do ber (if required to bo ate prices. f Specification) per 1. ft. wharfiug, not less than 12 in. diameter L do Flatted timber in road diver(ion culverts, 12 in. thick -..L do Plank .V per M. Wrought iron X... per lb. Cast iron & do Ties ....I Each. Carriage of rails and fastcuiiiA, from lower end I of Section, including all haldling Tons Miles. jTracklaying \ Miles. C. yards Ballasting 1 perc. yd. No. do Setting points and crossings \ Eacn. Public road level crossings, conftrising timber cattle-guards, planking, smaU timber cul- vert under approaches, and i^otlce-boards, complete L Each. To cover work which possibly may «)B required under clauses 18, 4a and 91 ipf General Specification, short quantities, aoilenlams, »..»«:»«»« ..:».. »«» n,... ^'ir.n nnr\ \ $ cts. 18 00 2 75 8,000 00 6,000 00 5,000 00 3,600 00 2,100 CO 60 40 30 30 2,') 40 26 30 36 00 12 10 25 3 00 300 00 27 30 00 200 00 contingencies, etc., s.iy $250,000 Total. $ ots. 9,000 00 2,7.60 00 J6,(i00 00 6,000 00 6,000 00 3,500 00 2,100 00 600 00 20,000 00 4,500 00 15,000 00 12,500 00 2,600 00 3,000 00 7,000 00 6,000 00 1,000 00 26,000 00 12,000 00 12,600 00 35,100 00 760 00 400 00 260,000 00 1,746,150 00 •Note, - S jme of tlie qiiantitiud priutinl in tliia column measuremeii! .. and mny be considored roughly approximate, placed herein tor the purpose of obtaining rates. kre estimated from preliminary location Vjther items are simply conjecture!, and r^ Payments. 24. Ca h payments equal to about ninety jier cent, of the value of the work done, appro vimately made up from returns of progress measurements and computed ftt the prices agreed upon or determined under the provisions of this contract, will 4,000 00 2,500 00 3,000 00 7,oon 00 6,000 00 1,000 00 25,000 00 12,000 00 12,600 00 35,100 00 750 00 400 00 260,000 00 740,150 00 ry locatiun nurcl, nnd tho work joraputcd ■act, will 03 bo miido to iho contractor monthly on tho written corliliciito of tho onj^inoor that tho work tor or on account i»f wliieh tiio corlilicato in ^lantcil, Iuim boon duly exocuicd to IiIh Httlitsfaction and Btuting tho value of such work cotupuUd as above nioiitionod — and upon approval of Huch ccrtiticato by tho MinJMter for the time lioing, and tho uaid ccrtilicato and such approval thereof ! hiims of any description which he considers :"•" not included in tho progresi^ "ei'ti' cates, it will be necessary for him to make and repeat such claims in writing to t.o engineer, within fourteen days alter tho date of each and every certi- ficate in which he allege^ such claims to have been omitted. Claims by Contractor. 26. Tho contractor in pi'osenting claims of the kind referred to in tho last clause must ac(tonipany them with satisfaciory evidence of their accuracy, and tho reason why ho thinks lliey should be allowed. Uidess such claims are thus made during tho pi'ogress of the work, within foui'tocn days, as in tho prcciHling clause, and re- peated, ill willing, every month, until finally adjusted or rejected, it must bo clearly undorslood that tiiey shall be forever shut out, and the contractor shall have no claim on Her Maje.-'ty in respect thereof Progress Measurements. 27. The progress measurements and progress certificates shall not in anyrcspeot be taken as an acceptance of tho work or release of the contractor from responsibility in respect thoioof, but he shall at the conclusion of tho work deliver over the same in good order, according to the true intent and meaning of this contract. Operations may be suspended. — Resumed. 28. Her Majesty shall have the right to suspend operations from time to time at any particular point or points or upon the whole of the works, and in the event jf Bueh right being exercised so as to cause any delay to the contractor, then an exten- sion of time equal to such delay or detention, to bo fixed by tho Minister as above provided for, shall be allowed him to compi.ito the contract, but no such delay shall vitiate or avoid this contract or any part thereof, or ilio obligations hereby imposed or any concurrent or other bond or security for the performance of this contract, nor shall the contractor be entitled to any claim tor damages by reason of any such Buspension of operations. And at any time after operations have been suspended either in whole or in part, such operations may bo again resumed and again sus- pended and resumed as Hor Majesty may think proper. And upon the contractor receiving written notice on behalf of Her Majesty that the suspended operations are to be resumed, the contractor shall at once resume the operations and diligently carry on the same. I 11: ti:;. la is r 64 * n it - ■i: ;)! lit : 1^ ^ m \ Appropriation hy Paliamei't. 29. Should the amount now voted by Parliament ;ind applicable towards payment for the work hereby contracted for, be at any time expended previous to the com- pletion of the works, the Minister for the time being may give the contractor written notice to that effect. And upon receiving such notice the contractor may, if ho thinks iit, stop the work — but in any case shall not be entitled to any payment for work done, beyond the amount voted and applicable as aforesaid — unless and until the necessary funds shall have been voted hy Parliament in that behalf. And in no event shall the contractor liavo or make any claim upon Her Majesty for any damages or compensation by reason of the said suspension of iiayment, or by reason of any delay or loss caused by the stoppage of work. Spirituous Liquors, 30. The contractor shall not permit, allow, or encourage the sale of any spirituous liquors on or near the works. No Sunday labour. 31. N^work whatever shall at any time or place be carried on during Sunday, and the contractor shall take all necessary steps for preventing any foreman, or agent, or men from working or employing others on that day. Chief Engineer to he Arbitartor. 32. It is hereby agreed, that all matters of difference arising between the parties hereto, ujwn any matter connected with or arising out of this contract, the decision whereof is not hereby especially given to the engineer, shall be referred to the award and arbitration of the chief engineer for the time being, having control over the works, and the award of such J^ngineer shall be final and conclusive: and it is hereby declared that such award shall be u condition precedent to the right of the contractor to receive or be paid any sum or sums on account, or by reason of such matters in diit'orence. 38. It is distinctly declared that no implied contract of any kind whatsoever, by or on behalf of Her Majesty, shall arise or be implied from anything in this contract contained, or from any position or situation of the parties at any time, it being clearly understood and agreed that the express contr&cts, covenants and ag: oements herein contained and made by Her Majesty, are and shall bo the only contracts, covenants and agreements upon which any rights against Her Majesty are to be founded. 34. This contract is hereby, pursuant to the provisions of the 8th section of Mie Statute, 41st Victoria (1878), chapter 5, made subject to the express condition thiii no Member of the House of Commons of Canada shall bo :id.nitted to any share or part of such contract, or to any benefit to arise therefrom. Contract may be Cancelled. 35. In the event of it bee ming advisable, in the interests of the public, to Buspond the work hereby contracted lor, or any poi ti( ' thereof, at any time before its completion, and to put an end to this contract, the Minister for the time being shall have full power to stop the work and to c.inc*^ " ' is contract, on giving due notice to that effect to the contractor. The conl'-attor nowover, will be entitled to receive payment for all sums then due fv vot'.r flroady done, materials used or delivered, or ready to be used, or in course oi'prt ' .•u,;ion, together with such reason- able compensation as will cover all bond fidr damages, if any, resulting thorefiora, and as may then be agreed upon ; or, in case of disagreement, as may be determined by the Official Arbitrators of the Dominion of Canada; it being understood, however, n G5 that no compensation will be allowed to or claimed by the contractor for materials procured for the works, after the date of tfio riorvioo of the notice above referred to, or for any loss of anticipated profits, either in respect of the works so suspended, as aforesaid, or of the materials then procured for said works- In Witness whereof, thd contractor hath hereto set his hand and seal, and these presents have been signed ank sealed by the said Minister, and countersigned by tho Secretary of the Department a^ Eailways and Canals, on behalf of Her Sfajesty. Signed, sealed and the contractor, in (Signed) A, delivered by esence Rrabu; r (Signed) ANDREW ONDERDONK. [Seal.] Signed, sealed and delivered by the Minister, and countersigned by the Secretary, in presence of (Signed) H. A. Fissiault. (Signed) CHARLES TUPPER, Minister of Railways and Canals. ; (Signed) F. BRAUN, \ Secretary. [ Seal.] SURETIES' INDENTURE]. This Indenture, mad^ the fifteenth divy of December, one thousarid eight hun- dred and seventy-nine, between JOSEPH KAVaNAGH, of tho city of Ottawa, in tho Province of Ontario, merchant, and DAVID OPPENHEIMKR, of Yale, in tho Province of British Columbia, morohant, horGinnftor called " The Sureties," of the iirst part, and Her Majesty Queen Victoria, of the second part. WITNESSETH that the sureties hereby foi\themse!ve.-5, and each of thera.their and eacli of their heirs, executors and administrators, jointly and severally, covenant with Her Majesty and Her successors, that the contractor named in tho hereunto annexed Indenture, his executors and administrators, shall and will from time to time, and at all times, well and truly perform, keep and abide by all and singular the covenants, agreements and conditions in said Indenture contained, and on his ))art to be per- formed, kept and abided by. And the sureties, further, covenant and agree with Her Majesty and Her successors, that all tho rights, privileges and powers niiich ma3', by virtue of tho said Indenture, be exercised by or on behalf of Her Majesty, or by tho Engineer or Engineers, or other persons mentioned in said Indenture, may be so exercise tost the • 'tors may ed at Fort red to the ilontroal. or ) bolts and spikes tor next. The of nuviii'a- is pioparcd lari^ accom- \ or fails to 110 otter Kub- otiirned. 61 10. For the due fulfilment of the contract, satisfactory security will bo required, by deposit of money, public or municipal securities, or bank stock, to the amount of about five , r cent, on the bulk sum of the contract. 11. The contractor shall provide sureties to the satisfactio.i of the Minister of Eailwaysand Canals, and who, with himself, shall sign a contract, embodying this specification and other clauses usual in such agreements. 12. Payments will be made on certificate of delivery, equal to 80 per cent, of the delivered price, and the balance will be paid when the contract has been duly fulfilled. -^ 13. The Government does not bind itself to accept the lowest, or any tender. SANDFORD FLEMING, Engineer-in-Chief. Canadian Pacific Eailway Office, Ottawa, 22nd July, 18*79. Signed by the Contri\ctors and Sureties, in the presence of ^ (Signed) G. A. MILLER. u. A. 1.ESAGE. I ,, HECTOR LeTOURNEUX. J DANIEL WILSON. Signed by the Acting Minister of Eailways and Canals, and by the Acting SecreUiry, in presence of (Signed; H. A. Fissiault. " E. Eauce. (Signed) J. H. POPE. F. H. ENNIS, Act i iig-Secretary . 19-5i il': if 68 Articles op Aghee.ment entered into on the fourth day of September, in the year of our Lord, one ihousaiul eight hundred and Kevcmj-nine, and made in triplicate lietwcen GEORGE ANGUS MILLER, CHARLES HERBERT FILLER, and JAMES MITOB ELL, all three of the City of Montreal, in the Province of Quebec and Dominion of Canada, carrying on together the buHinesti of manufacturers under the name, style and firm of " MILLER BROS. & MITCHELL," and represented herein by GEORGE ANGUS MILLER, one of the members of the said firm, and hereinafter throughout called " the parties of the first part " of the first part ; And HER MAJESTY QUEEN VICTORIA, represented herein by the Minister of Railways and Canals of the Dominion of Canada, of the second part; And MessrH. HECTOR LeIOURNEUX, of the said City of Montreal, Clerk, and DANIEL WILSON, of the same place. Coal Merchant, Sureties of the third part; WiTNEr^s, that the parties of the first part hereby bind and oblige themselves to and in favor of Her ^aid MaJcHty, Her Hoirs and Successors, for and in consideration of the covenants, conditions and agreements hereinafter nientioned, to the satisfaction of the ^aid Minister ; to manufacture, sujiply and deliver for the use of the Canadian Pacific Railway, in accordance with the specification for the same hereunto annexed raarkod A : Ist. Tiio quantity of four hundred tons (400 tons), the ton weight foi' the purposes horoof being tixed at two thousand two hundred and forty pounds, of railway spikes, delivered on the Railway Wharf at Eort Vv'illiam. Lake Superior ; 2nd. And liie quantity of three hundred (300) tons (the ton weight same as above,) of railway spikes, delivered on the whai-f at ibtj aforesaid City of Moiiti-eal. The whole to l-e delivered as follows : One hundred tons o^ spikes, lor Fort William, on the Railway Wharf at Fort William; and the wholo of the spikes for the " Colonization" Line from AV'innipeg, say, throe hundred tons on the wharf at Montreal, or neartl.e same, as may be pointed out by the engineer or oflioe.- of the Department in charge of the works, and in such quantities as; may be i-cquired, between the da}^ of the date hereof and the first day of October, (]d7i*), now next ensuing; and three hundred tons, being the balance of the 400 tons of spikes for Fort William, to be delivered on the Railway Wharf at Foit William, at such place oi places as maj' bo indicated by the said Departmental officer, and before the close of navigation this year (1879). In Consideration Whereof, H«r Majoty Queen "Victoria, represented by the said Minister as afbi-esaid, doth herebj' promise and agree to pay the parties of tlie first ])art, or to the lieirs, assigns, or lawful representatives of the parties of the first part (according to the j)rovisions of the Act Thirty-first Victoria, Chapter Twelve,) that is to say :— The rate or sum of fifty-two dollars and seventy -five cents, currency, for each of the four hmulreJ tons of railway spikes, delivered as aforesaid on the wharf at Fort William, ($52. 'iS) ; and the rate of forty seven dollars and seventy-five cents per ton for each of the three hundred tons i.f railway spikes delivered as afore- said Oh the wharf at Montreal, (S47.75). And the said parties of the first part, and Her said Majesty, represented as afore- said, do hereby declare, covenant and agree that the said contract and undertaking shall bo and is further made and entered into by the said parties of the first part and Her said Majesty, represented as aforesaid, under the express agreements, stipula^ tions, covenants and conditions following, that is to say: — Firstly. — That the payments of the price hereinbefore mentioned, shall be made to the parties of the first ))urt within ten days after an estimate of the engineer or officer in charge shall have been received by the Minister, specifying the amount of spikes delivered, to the satisfaction of the said Minister, or his successors in office, or his engineer, or person in charge of the works, during the month then ended ; but that nevertheless, it shall be lawful for Her Majesty to withhold fi-om the parties of the first part and reUiin twenty ))er cent, out of the amount of the several estimates until the perfect (completion of tlio contract, and the acceptance of the same by the Minister, which twenty per cent., so withheld and retained, shall be paid with the last instalment, within ten days after the engineer or officer in charge shall have H in w W( I 69 -I i - delivered to the Minister his final estimate of the materials furnished, in virtue of thorfe presentH, and his certiticate of the contract havin^ii; been full\' foinplotiid and finished, if tlio Minister shall so soon have accepted and a])|jroved of the sainc ; Pro- vided always, and it is further agreed, that Her said Majesty, from time to time dur- ing the progress of the works, may pay to the parties of tlie first part iho whole or any pcii-tion of tiie twenty per cent, so withhold and retained. Sacoiully. — That if, h}' the report of the engineer or superintendent emplo^'ed by the Minister in that behalf, it shall appear that the rate ofprogr'ess in the delivery of the spikes is not such as to insure the completion of the same within the time herein prescribed, or if the parties of the tiivst pari shall persist in any cour.-e, violating the provisions of this contract, Her said Majesty shall iiavo the power, at Her discretion, by the Minister afoiesaid, or his successors in office, without previous notice or pro- test, and without prociess or suit at laV, cither to take the contract, or aiij» part thereof, out of the hands of the parties ot the first part, and to relet the same to any other contractor or contractors, without its being previously advertised ; and the parties of the first part shall be liable for all damages, and extra costs and expendi- ture, which may he incurred by I'ca-ion thereof; and shall likewise forf'oit all moneys then due, under the conditions and stipulations, or any or either of them herein con- tained. Thirdly. — That in case of failure in the contract, the parties of the first part shall thereby forfeit all right and claim to the said twenty per cent., or any part thereof remaining unpaid, as well as to any mone3's whatever due on this contract. Foarthly. — That all materials shall be inspected and approved of, before being accepted, either by the Minister or such person as he may appoint, and any materials disapproved of shall be removed, and if not removed by the |)arties of the fii-st jiart, when directed by the Minister, or his engineer, or person in charge, then, the reject- ed materials shall be removed by the Minister, his engineer, or person in charge, to such place as he may deem proper, at the cost and chai'ge, and at the risk of the parties of the first part ; but it is distinctly understood and agreed, that the inspec- tion and approval of materials shall not in anywise subject Her said Majesty to pay for the said materials or any portion thereof, nor prevent the rejection, afterwards, of any portion thereof, which may turn out unsound or unfit to he used in the work, nor shall such inspection be considered as any waiver of objection to the materials, on the account of their unsoundness or imperfection. Fifthly. — Should any difference of opinion arise as to tl,e constniciion to bo put upon any part of the specifications, the same shall bo determineil by the Minister alone, and such determinati(ension of payment. Tenthly. — In lliis ayroement the words " the parties of the first part" shall in- clude and comprehend (where the context .^dniils of it) the heirs, executors, and ad- minit-'trators of each of the parties of the first, ])art. And for the fulfilment of all and every the covenants and obligations, undertak- ings and clauses hereinbefore expressed, and every part thereof, the parties of the first pait do hereby bind and oblige themselves to and in favor of Her said Majesty, Her ileirs and Suicessors, and the p irties of the third part for themselves, their heirs and assigns do also hereliy bind un^l oblige themselves jointly and severally the one for ti'C other, and for and with liic said parties of the first part, to and in favor of Her said Majesty, Jler Heirs and Successors, for the due and faithful performance and fultilment of all and every the covenanis, obligations and undertakings hereinbefore expressed, so lo be perloi med and fiiltiilcd by the said parties of the first part, the ])arties of the third jiart hiaking the same their own atfaii-, as if they were themselves the contractors, and i-eriounein:; the benefit of the exeoplions of division, discussion anil fideju-sion, and ali other a .vantages allowed by law to sureties in oi'dinary cases. In WiTNKSs WiiEKKot', liic parti the first part, ami the said Minister representing Her M ije.-i_y as al'o-esaid, aixl also the parties of the third part, have hereunto signeu iheir lianie^ aiiii sot, iheir seals, and the .Secretary luilh also counter- signed these presents. Tvvon! y-lwo words obliterated are null, and one marginal nolo is i;o:Kl. Signed and sealed by the said parties^ of I he tirsl p.'alunif ef the lliiid j)art j in pie.-oiice of j« (.Signed) T. \V. II.mumnoton. | li. A. i>K.i.\(ilO. J Sigiieil and settled by the sitid Acling] Minister oi' Jiaihvajs and Cantils, j and countersigned hy ilie Acting | Secretary, in ])ie,-ence of [" (Signed) II. A. Kissiailt. ( J'i. Bauoe. j (Signed) G. A, MILLKR. CHARLES II. MILLEK. •J.V.MIOS Mll'ClIKLL. 11. lk touunku^x;. DAN11:L WILSON. L.S. L.S.' L.S L.S. 'L.S. (Signed) J. H. POPE. Acting Minit^ter of Jiailways and Canals* F. 11. KNNIS, Aniiny iSecretary. 71 (Xo. 19 F.) I ARxrcFiKs OK AoaEEMKNT entei'od into on the eighth day of Soptombor, in the year of our Lord oiio thoiisurid eight iiundred and seventy-nine, and made in duplicate: between " TllK DOMlNiOX BOLT COMPANY," carrying on the business of Bolt, Nut, and Spike Manufacturers, in the said City of Toronto and Province of Ontario, horoiiiaftor Uiroughout called the " parties of the first part," of the first part; And IIKR MAJMSTY (iUJiKN VICTOEIA, represented herein by the Minister of Eailvvays and Canals, of the Dominion of Canada, of the second part; I Witness, that the parties of the first part hereby bind and oblige themselves to and in I'avor of Her said Majesty, Her Heirs and Successors, for and in consideration of the covenants, conditions and agreements heroinftfter mentioned, to the satisfaction H ."" of the siiid Minister: To manufacture, supply, and deliver, for the use of the Canadian Pacific Uuiiwa}', in accordance with thespecilication for the same hereunto annexed, markeil "A," the quantity of thirty-five (35) tons (the ton weight for the purposes hereof being fixed ut Iv/o thousand two hundred and forty ])Ounds) of tish-plato bolts and nuts. The whole to be delivered at such place or places on the Railway Wharf at Fort William, Lake Sujicrior, or near the same, as may be iiointed out by the engineer or oHicer of the Depai-lmcnt in charge of the works, an , in such quan- tities as may bo retjuired, between tlie day of the date hereof and lue first day of October, 18;0, now next ensuing. In Ct)N'su)EUVTto.N WiiEaEoi.', ITov .Mnj"-;fy Qicon Vietoi-ia, rejji'oseuted by the said Minitster as afurosaid, doth hereby promise and agree to pay the jKirties of the fu'st part, or t(» the lawful repreHentatives of the parties of the first part (according to iho pi'ovisi(;ris ol'the A'.-t thirty-first Victoria, chapter twelve), that is to say : Tne rate or sinu ofscveniytive dollars (87.>) per ton, of the weight aforesaid, offish-plat* bolts, and uuls deliverer] as aforesaid, agreeably to the true intent and meaning of tl;i said annexed specification, and subject to the agreements following: — And the said ]iurties ot the first ])art, and ller said Majesty, represented, aforesaid, do Iniieby declare, covenant and agree that the said contract and under- taking shall be an.i is further made and entered into by the said parties of the first part and ller said J\Lajosly, represented as aforesaid, under the express agreements, stipulations, covenants and C(jnditions foliowing, that is to say : — Firstly. — Tiiat the payments of the ])rice hereinbefore mentioned, shall be made to the ])arlies of the first part within ten days after an estimate of the engineer or olBcer in cluirge .-hall have been received by the Minister, specifying the amount of fish-plate bolts and nuts delivered, to the satisfaction of the said Minister, or his «ucces.-ors in orfice, or his engineer, or person in charge of the works, iluring the month then ended ; but that, nevertheless, it shall be lawful for ller Majesty to withhold from the parties of the first part and retain twenty per cent, out of the atnountofthe several estimates until the jieifect completion of the contract, and the accoplance of the same by the .Miiuster, which twenty |ier cent., so witheld and retained, shall be paid witii the but in>lalment, within ten days after the engineer or officer in charge shall have delivered to the Minister his final estiniale of the materials tarnished, in virtue of these present-i, and his certiticato of the contract having bjen fully cora- jjlcfed and finished, if the Minister shall so soon have accepted ami approved of the same; Piovidcd always, and it is further agreed, that ller said Majesty, from time to time (luring the jjrogress of the works, may ])ay to the parties of the first part the whole I'l- an}' portion of the twenty per cent, so withheld and retained. Secondly. — That if by the report of the engineer or superintendent employed by the Minister in that behalf, it shall appear that the rate of progress in the delivery w of the material is not such as to insure the completion of the same within the time herein prescribed, or if the parties of the liist jiart shall persist in any course, violating the provi>ion9 of this contract, Hor said Majesty .shall have the power, at Her discretion, by the Minister aforesaid, or his successors in office, without previous notice or protest, and without process or suit at law, either to take the contract, or any part thereof, out of the hands of the pai-ties of the first part, and to relet the same to any other contractor or contractors, without its being previously advertised; and the parties of the first part shall bo liable for all damages, and extra costs and expenditure, which may bo incurred by reason thereof; and shall likewise forfeit all moneys then due, under the conditions and stipulations, or any or either of them herein contained. Thirdly. — That in case of failure in the contract, the parties of the first part shall thereby forfeit all right and claim to the said twenty poi- cent,, cr any part thereof remaining unpaid, as well as to any moneys whatever due on this contract. Fourthly. — That all materials shall be inspected and approved of, before being accepted, either by the Minister or.such person as ho may appoint, and any materials disappi'oved of shall be removed, and if Tiot removed by the parties of t'lo first part, when directed by the Minister or his engineei', or poison in charge, then the i-ejocted materials shall bo removed by the Minister, his engineer, or person in charge, to such place as he may deem proper, at the cost and charge, and at the risk of tho parties of the first part ; but it is distinctly understood and agreed, that tho inspec- tion and approval of materials, shall not in anywise subject Her said Majesty to pay for the said materials or any portion thereof, nor prevent tho rejection, afterwards, of any portion thereof, which may turn ou^ unsound or unfit to bo used in the work, nor shall such inspection be considered as any waiver of objection to the materials on the account of their unsoundness or imperfection. Fifthly. — Should any difference of opinion arise as to the consti-uction to be put upon any part of the specifications, the same shall be determined by the Minister alone, and such determination shall be final and conclusive, and binding upon the parties to this contract, and every of them. Sixthly. — That any notice or other paper connected with these presents, which may be required or desired, on behalf of Her Majesty, to bo served on the parties of the first part, may bo addiessod to the parties of the first part, at his or their domicile or usual place of business, or at the place where the work is to be carried on, and left; at the Post Office, and anj- paper so addressed and left at tho Post Office, shall, to all intents and purposes, be considered legally served. Seventhly. — That should the parties of tho first part not deliver the material herein contracted for, at the period agreed upon as abov^ mentioned, the said parties of the first part shall be liable for, and shall cause to be paid to the party of the second part, all salaries or wages which sball become due to the person or persons superintending the work, on behalf of tho said Minister from the above-named period for completion, until the same shall actually be completed and received. Eighthly. — That should the amount now voted for this service by Parliament, be at any time expended previous to the completion of this contract, the said parties of the first pai-t, may or not, as may be seen fit, on receiving a notice in writing from tho said party of the second part to the above effect, stop the delivery of materials ; but in any case, the parties of the first part, shall not be entitled to any further pay- ment for material, after tho service of the notice above referred to, until the necessary funds shall have been voted by Parliament ; nor shall the said parties of tiio first part have anj' claim for compensation or damages for the said suspension of payment. Ninthly. — In this agreement the words "the parties of the first part" shall include and comprehend (where the context admits of it) tho successors of the parties of the first part. tl w 81, In Witness Wherbok, the parties of the first part, and the said Minister representing Her Majesty as aforesaid, have hereunto signed their names and sot 1v thoii'Boals, and the Soci-ctary hath also countoi-Bignod those presents. Tvvonly-throe words struck out are null. Signed and sealed by the said parties of the first part, in presence of ,c- ,N rr w TT 1 . (Signed) DOMINION BOLT CO.. [L.S.] (Signed) T. W. IlARuiNaTON. M^ = p^,. j^^^^^ LlVINGrfTOXK, L. A. Lesaoe. ^ Proprietor. Signed and Sealed by the said Minister of Eailways and Canals, and counter- signed by the Secretary, in presence of ^ (Signed) .T. fl. POPE, fSif'ned") H. A. Fissiault, Acting Minister of Railways and Canals. E. Bauce. • f F. H. ENNIS, Acting Sec.retnry I of the 14 (No. 19 (1.) OOPIKS 01'^ CABLEGRAMS, BE LETTING 5,000 TONS STEEL RAILS AND nSU-PLATBS. Ottawa, 17' h Jiino, 1879. Eeynolos, London. When and what prico could 5,000 tons Siindberg's racific Standard 1)0 delivorod. in Monireal. FLEMLXG. London, 18th June. 1879. Sandford Fleming, Ottawa End of iie.Kt month and August, rive pound.s sterling; if advi.se immediately, probably bolter. REYNOLDS. Ottawa, 19th June, 1879. Reynolds, London. Rocoivc tender, 5,000 tons, delivered Montreal before 15th August; cable num- ber toiiJors and lowest ; rails and fastenings must be Pacitic Standard. FLEMING. London, 21st June, 1879. S. Fle.mino, Ottawa. Eleven Jou-ost (lolivored; c.f.i. Montreal, 15lh August ; five for reply by cable , time hlioi'l; sludl i inspect? REYNOLDS. Ottawa, 2l8t June, 1879. Reynolms, London. Order rails and fastenings; furnish Saudberg's template; oversee inspection. FLEMIN( ;. Canadian Pacific Railway, Office op the Fnoinekr-inCiiiek, Ottawa, Dth September, 1879. F. H. Enms, Esq., Acting Secy., Department Railways and Canals. Sib,— I beg to hand you herewith, for the information of the Depai'tment, the correspondence which took place in connection with the letting of the following con- tracts ll)r the supply of 5,000 tons of steel rails, with the necessary fastenings delivered in Montreal, viz.: — West Cumberland Co 2,000 tons steel rails, with necessary (ish-platee. Barrow Co 1,500 EbbwYaloCo 1,500 " . " " Patent Bolt and Nut Co. say 48 tons bolts and nuts. I am, etc., (Signed) T. R. BURPEE, Secretary. 75 Stkimiens iV Ekynom>h, Iron luul Steel Mercluint.H and l']tif,'inouiM, 3 Ci.emknt's Lane, Lomharh St., K.C, LoNiioN, IDlh Juno, 1875>. Gentlemen, — Plcu^o ([uoto us your lowcnt price, e.f.i. Montreal, for 5,000 i is of Btocl rails, 57^^ Ibn. per yard, with necessary slcol lish-plates to enclose section, to bo delivered at Montreal jjy the 15tli of August next. Should you' bo unable to furnihli the whole (juantity bj' date specilicd, pioaso (juote lor .siicli p u-tion as you can guarantee to deliver by the time named, and if unwilling lo deliver in Montreal, kindly let us have your price for delivery f.o.b. ; rails will be inspected during manu- facture. Fayment net cash, no commission being lequired. Yours truly, (Signed) STEPHENS & EKYNOLDS. The above sent to the following : — Guest & Co. ; Ebbw Vale Co.; Bolclcow, Vaughan (So Co. ; Barrow & Co. ; Chas. Cammell&Co. ; West Cumberland Co. ; John IJrown&Co. ; Moss Bay ('o. ; lihofin- ing Co. ; Wilson, Cammoll & Co. ; Brown, Bayley & Dixon. 3 Clement's Lane, Lomuahi) St., E.C, London, 2nd July, 1870, Deaii Sill, — Pioaso (pioto us your lowest price for ;)(;,80() ti.-.h-lx>lts and nuls ,|^ inches diametor, ;j.| inches ii^ng, cuj) licad and si[uare nccl., (Limited.) WoKKixiiTOX, -lib Juno, 187!.>. Messrs. Stkiuiens & JIeynolds, M Clement's Lane. Lombard Street, E.G., London. DeaiiSiks — Wo have your favor of yesterday, for which we are s'<;ry much obliged, and in ie|)ly >viied you as follows:- -"Have two ))airs rolls to turn, will undertake lo have thiee thousand delivered or shipjicd by liftcctith August, by Liverjjofd steamei's, subject no break down niachir.cry, ])lease wire," and have your repi}'. Telcgrapli received, you say delivered or shipped, cannot accept shipment fifteenth August; you had b'etter theretoro stato quantity you can guarantee to deliver ilontroal by that date as per enquiry, telegraph reply immediately." In response to which we sent you the following message: — "Two thousand tons delivered by lifteenth August and another thousand on the way by that time, in your oi)iiuon if given to us at once," as wo lind we must turn new roll for your order, we should not like to undertake more than 2,000 tons delivered at Montreal by 15ih August. It is, however, quite possible that wo could exceed this quantity, il im w and wo nhould bo glad to Imvo 3,000 tons viz: 2,000 tons to be dolivcrod and 1,000 tons on tho way, but if you cuiinot moot us in liiit* wo shall bo quito contcnl to enter 2,000 tons with the necessary fish-plates. Wo await spocitication and toniplatos without delay. We remain, yours faitlil'ully, (Si«nod) WILLIAM WILSON, Secretary. London, 24th June, 1879. Gentle.men, — This morning wo received your telegram in reply to our letter of laht ni^'ht. Wo cannot accept anythinj^ later than Iftth Ani^ust next for dolivery Montreal, in iact, could wo give lo tho end of August we should have no dilHciilty in placing tho whole tivo thousand tons with ono maker. "Wo theretoro telegraphed and askod }ou to namo a quantity you would guarantee to deliver by tlio time required, and this alternoon wo have your rej)ly, copies of both your telegrams and our own enclosed. To save time we send you by post to night template of rails and fish plates, and have now pleasure in giving you order for two thousand tons of the rails with the necessary steel fish-jilates to be delivered at Montreal by the I5th August, at the price of four pounds nineteen shillings por ton, c.i.f. Montreal. Wc do not quite understand tho option you otter for the other 1,000 tons, but will write you as to this on recoijit of your letter confirming your telegram to- morrow morning, and at the same time will send tracing and specifications; meantime we are, Yours very truly, (Signed) STEPHENS k REYNOLDS. Messrs the West CumborlanJ Iron and Steel Co., (Limited,) Londonderry, Workington. Copy of Telegrams. Eeceived — Have two pairs rolls to turn ; will undertake to have three thousand delivered or shipped by 15th August, by Liverpool steamers, subject no break down, machinery; please wire. Sent — Telegraph received ; you say delivered or shipped, cannot accept shipment fifteenth August, you had bettor therefore state quantity you can guarantee to deliver Montreal by that date, as per enquiry; telegraph reply imraedietely." Eeceived — "Two thousand tons delivered by 15th August, and another thousand on the way by that tine, in your option " if given to us at once." Moi the 20ti cop rail the Mor tele Met rail of? Barrow Hqcmatite Steel Co'y, (Limited), Barrow-in-Furnebs, 20th June, 1879. Messrs. Stepiiems k, Reynoi.d.s, London. Dear Sirs, — Wo aro much obliged by yours of yesterday. We have several negotiations for rails now ponding and scarcely see how we can make room for 6,000 tons if they aro cariied through. Jf wo know to-morrow we could take the whole rails and fishplates at £.") per ton all round delivered at Montreal nett cash, but as we are now placed we should quite as soon have the order for half only. Yours faithfully, (Signed) W. H. SILVAR, For the Company. Me Hte< (fiv ro¥ w 3 Clement's Lane, Lombafid St., R. 0., LoNIl<>^f. 25tli Juno, 1879. Messrs. The Ban-ow Ha>raatito Iron and Stool Co. (Limited), Barrow. Gentlemen, — As tho time for dolivcry is so short, wo have docidod to divide the order for the 5,000 tons stool rails and tiuh-plates which you quoted us for on the 20th, and we this morning telegraphed you to which we have just received your answer ; copies of both enclosed. We have much pleasure in giving you order for 1,600 of the rails, with the necessary steel fish-platos, to be dolivereu at Montreal by the IBth ugurtt, at tlio price of tivo pounds per ton c.i.f. Montroul. Wo will, to-morrow, send you full particulars with tracing and apocification. In the raonntime, We are, Gentlemen, Yours truly, (Signed) STEPHENS & REYNOLDS, Per E. D. E. Copf; of Telegrams Sent. "Propose sending you order for 1,500 tons lails with necessary fish-plates delivered Montroul, by 15th August. Price a., poi- yours twentieth. Will ihis suit you. Please telegraph reply." deceived. — Obliged by telegram. Please send the order to-night if you can. The Ebbw 7ale Steel, Ihon & Coal Co. (Limited), 7 Lawrence Pountney Hill, London, C. E., 19th June, 1879. Messrs. Stephens and Beynolds. Dear Sirs,— In reply to your favor of this date, -ve will deliver 1,500 tons steel rails with necessary fish plates at Montreal, by tho 15lh August next, at the price of $5 per ton, c.i.f. Montreal. We are, dear Sirs, Yours truly, (Signed) JOS. ROBINSON & Co., For the above Company. London, 26th June, 1879. Messrs. the Ebbw Vale Steel, Iron and Coal Co. (Limited), Ebbw Vale. Gentlemen, — We have pleasure in giving you order for fifteen hundred tons of steel rails, 57j lbs. to the yard, with necessary steel fish-plates, at tho price of £5 (five pounds) per ton, delivered c. i. f. Montreal, by the 15th August next. A tracing, showing, drilling, notching, also template, shall be sent you to-mor- row. Meantime, We are, Gentlemen, Yours faithfully, (Signed) STEPHENS & REYNOLDS. •78 T The Patent Nut and Bolt Co.vpany (Limited), 24*]U;dge Eow, Cannon St., London, E. C, 4th July, 1879. Messrs. Stephens and Eeynolds. Gentlemen, — Wo have very mucli pleasui'e in quoting you for the 96,000 bolts and nuts, nay ;^ and 3.^ cup hoadH, square necks and square nutH, the price of £10 (ten pounds) per ton of f o. b. ship at Newport, oiled and packed in strong iron bound cases, 2 cwt. each. Terms of payment, net cash delivery to be made within 3 weeks from date ; the quality to bo to your entire satisfaction and subject to approval, and reception at our works. Trusting to be favored with the order. We are, Gentlemen, Yours respectfully, THE PATENT NUT AND BOLT CO. (LIMITED), (Signed) Alfred W. Jones. Clements Lane, E. C. -i IV ' London, 4th July, 1879. Messrs. The Patent Nut and Bolt Co. (Limited), 24 Budge Eow, E. C. Gentlemen, — Wo have now pleasure in giving you order for 96,000 fish-bolts and nuts, in terms of your tender of this date, and we now beg to enclose your tracing. Kindly let us have four samples bolts, to which you guarantee the bulk shall bo equal, and let us know when ready for inspection and foi-warding.- The cases will be marlced a i at foot. Please take care that delivery is made in Newport not later than 25th o' this month, and oblige, Yours very truly, (Signed) STEPHENS & REYNOLDS. I Mark for cases. W MONTREAL. 1i) 1879. )00 bolt3 £10 (ten jn bound 3 weeks aval, and Jones. 1879. i-boltH and V tracing. Ik shall bo cases will t not later )LDS. Articles of Agreement entered into this twenty-ninth day of j^ ugust, in the year of Our Lord one thousand aiid eight hundred ajid seventy- nine, and made in triplicate. Between West Cumberland Iron and Steel Company, iunited (iioieinaf'ter calleu the C'lnpany), of the first part, and Her Majesty the Queen Victoria, represented hereii by the llonoi'able Sir Charles Tapper, the Minister of liailways and Oanids of Cani' Ja (hereinafter called the Minister) of the second part, WirNEss, that the company, for and in consideration of the conditions and agree- nuciits hereinafter mentioned, doth hereby agree with Her Majesty, Her successors and assigns, to manufacture, supplj'^ and deliver to the satisfaction of the Minister, in full and perfect accordance with the terms, and agreeably to the true interest and and meaning of the specification hereunto annexed, marked "A " (which is hereby declared and agreed to be part and of parcel this agreement, and to bo taken and road as incorporated herewith, and which is hereinafter called the specification), five thousand tons of steel rails of the standard of the Canadian Pacific Eailway (herein- after called the railway), together with such quantity and number of steel fish-nlates as may be proportionate and required for laying the said rails on the truck of tho railway, and together, also, with such quantity and number of iron boltf^. and nuts as may be proportionate to and requireounds per ton, tho whole being payable as follows, that is to say; eighty |)er cent., or ilierenbou^ of tho price of each shipment to bo ])aid to the company on account of the same, through the Bank of Montreal, in the City of London, Enghuui, or the financial or other duly authorized agent of Canada in England, upon production of tho bills of lading of such shipment, and of the policies or documents ot insurance thoi'eiipon, and certificates of the inspection by the inspector appointed by the Minister tor siicii purpose, and tho balance or remaining sum of twenly ])er cent, of the full and cntii'c contract price upon the certiticate of the Engineoi-in-L'luef of the railway ol i he due fullJltnent of thisconti'act and agreomonl, and that the full quantity, ([uality, and weight of tho rails, fish-plates and iron bolls and nuts has been delivereil in full accoidanco with the specification and with this agreement upon the appo..iteti wharf in Montroal in good order and freo from cost or expenses of shipping, insMrance, freight, wharfage, harbor landing or other dues or expenses in connection with the same. Provided, and it is hereby agreed, that the acceptance :il the City of Montreal of any number of tons weight of any shipment of the saiil I'uils, fish-|)i;ttes, iron bolts and nuts, or of any of them, respectively, shall not be acceptance of tho whole of tho name or any shipment or delivery ujion the wharf of Montieal, asexpressod, but that the Minister may accept pan and reject part of the same, respectively, whore tho I 1 ^ 80 same shall not be found to bo in accordance with this epeciflcation nnd agreement, and in any such case the amount of payment for the portion so accepted siuiil be in accordance with the terms of this proviso, and the part so rejected shall be leftut the risk, cost and expense of the parties of the fii'st part. And it is liereby further agreed upon that the 1 nspector to be appointed in England by the Minister ibr such purpose shall have full jjowor to reject any of the rails, fish-plates, or iron bolts and nuts which, in his opinion, iire not fully and in all respects conformable to and in accordance with the specificatioi i and this agreement, and further, that for securing the due performance of this agreement by the company the sum of one thousand two hundred and fifty- pounds, either in bank deposit receipts, or securities to the cash value of the said sum, or other security approved by the Minister or the Financial or other duly authorized Agent of Canada in London, England, shall, within ten days hereafter, be deposited at the Bank of Montreal in London to the credit of the Financial Minister of Canada, the sjtme to be disposed of by him for making gOid any defaults of the company in due hiltilment of this coii tract and agreement, but in no case shall Her Majesty or the Dominion of Canada, or any Minister,OfRcer or Agent, in their behalf be liable for any interest on this deposit, or for any loss or diminution in value of such securities. And it is further agreed that if, from sti-ikes or other extraordinary occurrencep beyond their conti'ol, the companj' shall be unable to complete the said deliveries or either of them within the times respectively specified, a further period not exceeding three months shall be allowed for such incomi»lelo deliveiy, and thereafter only such further time as the Minister may b}'^ writing allow for such purpose. In Witness whereof the company hath hereunto caused its corporate seal to be tet and affixed, and the President and Secretary of the company hath hereunto set their hands, and the Minister hath hereunto sot his hand and affixed his seal, and the Secretary of the Department of Euilways and Canals of Canada hath countersigned the same, on the day and year first above written. The seal of tne West Cumberland Iron and Steel Comj)any, Limited, was hereunto set and affixed by (Signed) Willam AVilson, Secretary of the of the said company, and the same signed by ''Signed) Andrew Gueen Thompson, Director, for President aud the said "William Wilson, Secretary in the said company in the Province of. (Signed) Jos. Hannah, 29th August, 1879. Signed, sealed and delivered by the Minister of Railways of Canada, in the pi'eBence of H A FissiAULT 1 (^'g"^^) CHARLES TUPPER, 11. A. MSHiALLT. | Minister of Railways and Canals. Countersigned, F. BRAUN, [L.S.] Secretary, Department of Railways and Canals, Canada. > Corporate [L.S.] (Signed) i rails ing tc C day's J fracti 81 TEE SPECIFICATION {A) REFERRED TO IN THE ANNE.^'ED ARTICLES OF AGREEMENT. Canadian Pacific Railway Specification for Standard Steel Rails 57|r lbs, AND Fastenings. Rails. 1. The rails are to be accurately rolled, uniform throughout, true to templato> and of that form known as the Canadian Pacific Railway Standard. 2. The steel used for rolling the rails must be of the first quality, such as to secure the best rails manufactured and best suited for the Canadian climate. The ends ar ' o cut straight and perpendicular to the axis of the rail. The head must be perfc • aooth, without any defects ; the flttngos are to be clean and without chipping. ^ ,0 attempt to improve defective places on the rails after rolling is to be allowed, either by hammering or reheating; likewise, no reheating shall be allowed for cutting the rails. The straightening of the rails is to be made when cold by pressure. Each rail is to be distinctly marked on the web with the initials C.P.R. steel, the name of the maker and the year of manufacture. 3. The weight of the rail must be as nearly as possible 57J lbs,, per yard, and every means must be taken to secure this weight. When rolling is commenced, and at other times during the process of manufacture, ten rails, perfectly true to section, will be weighed, and if found not corresponding with the required weight, such slight changes in section, as necessary to bring the weight to 57j lbs., per yard, must be made. No rail varying more than one per cent, above or below the normal weight of 511 lbs., per j'ard, will be accepted, and no payment for overweight will be made, 4. The general length of rail will be 30, 2«, 26 and 24 feet; but a qu.antity not exceeding ten per ceot. will be received in shorter lengths (22, 20, 19 and 18 feet, in about equal proportion), but none under 18 feet. The 19-feet length must be specially marked with red paint. The short rails are not to be rolled purposely, but are to be cut out of such long rails asmaj'^ have faulty ends. The length of the rails are to be as stated above, and no deviation from the exact length to be allowed beyond three-sixteenths of an inch, either above or below ; or a possible extreme variation of three-eighths of an inch between two rails; the one being all the allowance too long, and the other all the allowance too short. 5. The rails will be drilled (not punched or punched and enlarged) with two holes near each end. Those h'^les to be one inch by seven-eighths of an inch, as per drawing, the centres of the holes to bo 2^ and 7^ inches respectively, from ends of rail. Two notches will be slotted in the flange at each endof the rail, with corners rounded, and the whole must be in the positions shewn on drawing. Every possible caie must bo taken to render rail and fiisleiiing interchangeable. 6. The rails will be inspected during the whole course of manufacture by an engineer or insjieetor aiipointed b}' the Minister of Railways and Canals of Canada. Such officer shall have liberty to bo present on the works at all hours, and will bo empowered to reject all rails which, in his o]nnion, do not come up to the required standard, both of form and quality. Be.-idos accurate external examination, the rails will bo subjected to the fallow- ing tests at the contractor's expense ; — One rail out of each 100 tons (or one or more rails taken at random out of each day's make, if i-o required) will bo chosen and tested as follows : — A. A portion of the rails placed on su|)ports four feet apart, mu-tt stand, without fracture, a blow from a ball one ton in weight falling from a height of 20 feet. 19— G 82 B. Another portion of the ruil, similarly supported, shall be submitted to successive blows Irom a ball weighing 3 cwt., from heights of 3 feet, 4 feet and 5 feet, and the respective deflections are not to exceed ^, J and ^ inch. If the first rail taken out of the lot of the VOO tont* does not stand the above test, the lot is to be divided by halves and one rsil of each hulf (50 tons) tested. If these tests are unsuccessful the whole lot is to be rejected. The falling weight test shall be continued until fracture results and the facts duly recorded and reported. All the expenses of testing is to be borne by the makers. The test to be recorded in a statement signed by the receiving Inspector and by the manufacturer's agent present at the tests. All rejected rails must bo painted in white paint on the two ends and over the letters C.P.R. on the web on the both sides. The accepted rails are to be weighed and each stamped at the ends with the initials of the Inspector. STEE'^ FISU-PLATES. 1. The fish-plates are to bo of a section to fit the Canadian Pacific standard rail and of a similar quality ot tough, mi id steel as the rails, and subject to such tests as ma}- be required. 2. A template will bo furnished 1o which two sample plates shall bo made and, when approved by the engineer, the} shall be the standard of finish and weight. 3. They are to be twenty inches long, square at ends, perfectly straight and smooth on every surface, and of uniff/rm section throughout. 4. Each fish-plate must be punched hot with four holes, as shown on drawing; these holes must be clean and true, square through tho plate; and exactly in the centre of the width, free from buns on tiiher side, and perfectly accurate in size and position. 5. Every means must bo taken to make the fish-plates uniformly true to template, and exactly according to drawing, so as to fit the rails perfectly and interchangeably. (5. Tho fish-olatos to bo dipped to prevent rusting, and then properly 'jocurod in bundles of ten in the usual manner for shipment. U 1 BOLTS AND NUTS. 1. The bolts | inch in diameter, 3f inch long, to be made with cup heads and square necks, in accordance with the drawing, the nuts are to be square. 2. The iron is to be of a tough, fibrous quality, equal to best Staffordshire, and shall bo subject to the approval of the inspecting engineer. 3. The workmanship and finish must be of the best description, great care being taken that the internal faces of tho bead and nut are exactly square with the axis of the boll. 4. The bolt heads and necks must be solid. Tho threads of screws to be Whit- worth's standard, ten to the inch, clearly cut, to fit lightly into the nuts and made so as to hold throughout their entire length. .*). Samples to be submitted to and approved by the inspecting engineer before the work is commenced, and the whole must bo subject to close inspections at all lif'os. (j. The bolts and nuts are to be heated and dipped to prevent rusting, and packed in strong iron-bound cases, each case to contain not over 2 cwt. (Signed) SANDFORD FLEMING, Erujineer-tn-Chief, Ottawa, July 15th, lSr.>. West Cumberland Iron and Steel Company, (Lim 3d.) (Signed) WM. WILSON, Aug. 29th, 187r>. Secretary. i.in. pino of thd two ( 83 19h. CANADIAN PACIFIC RAILWAY. SPECIFICATIOX Of Combined Passenger and Freight Building. 1. The matorialsi required for the framing and finishing of the walls, partitiona, roof, &c., to ho of the best quality of their several kinds. The timber for the •carpenter wont may be spruce, that for the joiner work and shoating to be of Avhite pine. The timber to be cut die square, perfectly sound, iree from shakes, largo knots, and all other defects. 2. The general dimensions, height of rooms and internal arrangements are shown on the drawings. The chambers of the second story will not be finished inside. 3. The building'j and platforms will be erected on cedar or tamarac mud sills, firmly bedded. The ground over the several sites will be excavated and 1 \elled •where necessary for this purpose. 4. The frame work consists of a sill and wall plate 6in. x 4in. half checked at joinings ?ind corners and spiked. Upright posts tiin. x 6in. to be set at each corner of buildinj;-, on each side of door and window openings and under orackets. Inter- mediate 'josts 6 in. X 4 in. to be placed at distances not exceeding 4ft. The girts 6in. X 2iii , to be placed about 2ft. 6in. apart, gained into posts and p«w»erJy nailed. Outer walls to have studding necessary foi- lathing purposes. All to 'be properly trimmed for doors and windows. 5. The outer walls of the building to be covered with lin. rough square edged raeichantabci pine timber, in widths of 9 inches, of suflicient length to reach from the lower side of sill to under side of roof boarding, and nailed properly with Sin. cut nails. (!. After thf boards are nailed on, the joints are to be covered with best 3in x lin. battens of pine, cut in one length same as board.*, and nailed with 2Jin cut nails. 7. The roof to be constructed as shown, the rafters to be ot D x 2 placed at 2ft. >6in. centres and connected by a collar beam 9x2. The rafters to project tft. over the walls ot the building. 8. The projecting portions of roof to be supported by good strong pine brackets, made from 6in. x Gin. scantling, having moulded ends, and to be strongly bolted to posts of building. 9. The rafters to be c.'vered with lin. pine or spruce, matched boards, not more than 9 inches wide, the joints broken where practicahie. and properly nailed with 3in. cut nails, three nails to each board on each bearing. 10. The roof boards to be covered with the he«i pine or cetiar shingles laid ia mortar, and not more than four in(;he8 to the woat'ier, well naiial to boards about six inches above the butt. 11. The roof to be duished with soddleboards tJ inches nroaii, and a riUge roll 2^ inches in diameter. 12. The underside of projections of roof stattli he covered wirk 1-in. wA ^aasoned pine boards, planed, gmovau and tongnod, and not more than 4 x. vicU. The end* of the rafters and nxM ijofr'^ing *a Iw dnished off with a ^ mmimlktem boarti- ing, to detail, us shcrwn on drawing. T3. The floor joists to be 12 in. x 3 in. planics, 18 m. fron; bnd^«d witt two rows of 1 in. x 3 in. crossed bridging. The liMi* m offt-'u au-i NViUting rooms i» 19— «i 84 bo covered with a double floor. First with 1 in. boards nailed witli 3 in. cut opikes,. then with 1^ in. planed, grooved and tongued flooring nailed to floor bolow with 4 in. cut spikes. The joists in oflSco and waiting-room to be counter-floored. Fillets 1 in. X 1 J in. well nailed, covered with rough boarding, and to have a good coat of hair mortar. 14. The partition wall between freight room and oflSce to be of 2 in. x 6 in studd- ing. The other partitions will be set throughout as shown by the plans, studs 2 in. X 4 in. set 16 in. from centres. Studs for door-jams and projecting angles to be 4 in. X 4 in. or sot double. 15. Fix grounds around the window and door openings, and for top of base and skirting to finish flush with tie plastering, and finish all angles with corner bead. 16. The windows to have double frames, pulley stiles IJ in. thick, s-ashes 2 in. thick, throated and moulded, single hung, furnished with pulleys, cords and weights, and with all necessary fastenings; to have outside and inside linings, and wickets- placed where shown on plan. The glass for windows and ransoms to be of 21 oz. Chance's Smethwick. 17. The outside doors of waiting rooms to be as shown on drawing, framed of 2-inch pine plank with panels and mouldings, provided with strong hinges, latches and approved locks. The inside doors to be If inches thick, framed with panels and mouldings, and provided with all necessary hinges and locks. The freight room doors to be made from 2-inch seasoned pine, and fitted in with two thicknesses • ^ grooved and tongued stuff placed diagonally and well fastened. To slide on rollers from centre to each side in a frame built inside, and to be provided with rollers, fastenings and locks. 18. The walls of the waiting rooms, office, baggage room and closets to be sheathed to the height oi four feet with pine sheathing, ulaned, matched and beaded, put on vertical, and finished with a neat cap. The walls under the sheathing to receive a coat of plaster. 19. The ceilings, walls and partitions of the office, waiting room*", baggage room and closets tu be .ithed, breaking joint, with good sound laths, and the whole to be covered with three coats of plaster, the first coat to have sufficient hair mixed with it to ensure perfect adhesion. The mortar to be composed of fresh burned lime and clean coai'se sand to approval. 20. Tue inside of the freight room to be lined with 1-inch pine boards 9 inche* wide, from the floor upwards to a height of 8 feet 6 inches. The whole to bo well nailed with 3>inch cut nails to posts and girts. The floor to be of good sound 3-incli plunk, well nailed to joists with 6-inch cut spikes. 11. A " Moulds " earth closet of approved pattern to be furnished and put in where shown or directed : to have seat fitted up in the usual manner , the ^eat to have a cover secured at the back with two butt hinges. 22. A strong piiiroi'Ti will bo fi-amed, from ■i-inch plank, &s may bo directed, to cany chimney, T»aicii w . bo built of host quality of brick, finished at top as shewn on dra^'ngH. 2'd. The wh:.l« of tbe internal and external wModwork, except the shingles, to be pr'-peny primed, knotted and stopped, and will be painted with three coats of best antworrosive paiiac and linseed oil, of an approved light stone color. The shingles to bn painted two etmts ajati-corrosive paint and linseed oil and finished of an approved slate co*or. 24. The plaKtirms to bo of the dimensions shown on the plan, supported on flatted cedar or tamarae sills and joists as shown, the whole to bo planked crosswise with good sound 3-inch plank, the edge next the track to be level with the surface of the rail, and the platform to incline upwards four inches, to the level of the floor of wilting room. In front of freight room a freight platform 8 ft. wide and 3 ft. 9 in. above top nf lail to h?. built as shown. 25. This specification, together with the plan exhibited, are to bo taken as giving a general idea of the work required, and any omissions in either are not to bo cui-.bidoivd Us invalid.. ".ing the contract, and parties tendering must embrace every- ■ tl tl: tl lo til fo iiii fo: foi pa en off rol by Ofi the Eai spei witi C.VN 85 t spikes,. ith 4 in. Fillets i coat of In studd- uds 2 in. be 4 in. base and lead, hes 2 in. weights, wickets- of 21 oz. ramed of I, latches h panels 3 freight icknesses slide on led with its to be i beaded, ithing to bag(?age he whole lir mixed >b burned thing in their tender, whether mentioned or not, as thoy will bo required to comploto the work according to the true intent and moaning of this specification and plan for the contract rate. 20. The contractor shall, at his own ox'poiiso, from timo to time, insure against loss by fire, and make the policies over to the Minister of Railways and Canals, for the amount of moneys advanced on the work. 27. The contractor, finding all material and labour, shall complete the buildings for the contract price. Ho shall commence operations immediately after *he contract has been executed, and make such progress as shall secure their completion, ready for occupation, by the time mentioned i ; the form of tender. 28. No tender will be entertained, unless on ono of the printed forni'i prepared for the ])urposo, nor unless an accepted bank cheque for two hundred dollars accom- panies the tender, which shall be forfeited if the party tendering declines or f'uils to enter into contract for the works, vvhen called upon to do so, at the sum stated in the otter submitted. In the event of a tender not being accepted, the cheque will bo returned. 29. For the due fulfilment of this contra. t, satisfactory security will be required, by the deposit of money, public or municipal secuiities, or hank stock, to the amount of about five per cent, on the bulk sum of the contract, of which the sum sent in with the tender will bo considered a part. 30. The contractor shall provide sureties lo the satisfaction of the Minister of Railways and Canals, and who, with liimself, shall sign a contract, embodying this, specification and other clauses usual in such agreements. 31. Payments will be made as the work progresses, on certificate of the engineer, with 10 per cent, deduction, until the ontract has boon duly fulfilled. 32. The Government does not bind itself to accept the lowest, or any tender. i CAiN.vDi.\.v Pacific Railway Office, Ottawa, ITith June, 1879. SAXDFORD FLEMING, En(jineer-in-CMff, 18 9 inches, o bo well .nd 3-inch nd put in ho ^eat to iirocted, to as shewn ^ igles, to be [Its of best le shingles n approved )ported on 1 crosswise ) surface of he floor of i 3 ft. 9 in. on asgiving not to be irace every- I! -\^ im M 86 This Indenture made tho fifteenth day of Auf^ust. one thousand eight hundred aud seventy-nine, between lilCHARU DICKSON, of Selkirk, in the Province of Manitoba, House-builder and Carpenter, hereafter called " tho Contractor " of the first part, and Her Majesty Queen Victoria repronentod herein by the Minister of Railways and Canals, of tho second part, WITNRSSCTII, that in consideration of the covenants and agreements on the part of Hor Majesty here- inafter contained, tho contractor convenants and agrees with Her Majesty as follows : Work. — Engineer. 1. In this contract the word ''work" or "works" shall, unless the context re- quire a different meaning, mean tho whole of tha work and the materials, matters and things required to be done, furnished and performed by the contractor under this contract. The word " engineer," shall mean the chief engineer lor the time being^ having control over the work, and shall extend to and include any of his assistants acting under his instructions, and all instructions or directions, or certificates given or decisions made by any one acting for tho chief engineer, shall be subject to hi* approval, and may bo cancelled, altered, modified and changed, ?.s to him may see fit. On whom Binding. 2. All covenants and agreements herein contained shall be binding on and ex- tend to the executors and administrators of the contractor, and shall extend to and be binding upon the successors of Her Majesty, and' wherever in this contract Her Majesty is referred to, such reference shall i/iclude hor successors, and wherever tho oontractor is referred to, such reference shall include his executors and adminis- trators. Labor, Plant and Material. — Time for Completion. — Materials and Workmanship. 3. That the contractor will, at his own expense, provide all and every kind of labor, machinery and other plant, materials, articles, and things whatsoever neces- sary for the due execution and completion of all and every the works sot out or referred to in the specifications hereunto annexed and marked A, and set out or referred to in the plans and drawings prepared and to be prepared for the purposes of the work, and will execute and fully complete the respective portions of such works, and deliver the same complete to Her Majesty, on or before the first day of November, A.D. eighteen hundred and seventy-nine, now next ensuing. The said ■work to be constructed of the best materials of their several kinds, and finished in the best and most workmanlike manner, in the manner required by and in strict confor- mity with the said specifications and drawings which may from time to time be fur- nished (which said specifications are hereby declared to be part of this contract), and to the complete satisfaction of the chief engineer for the time being having control over the work. "■< Omissions to be Made Good. 4. -The aforesaid specification and the several parts of this contract shall bo taken together, to explain each other, and to make the whole consistent ; and if it be found that anything has been omitted or mis-stated, which is necessary for the proper performance and completion of any part of the work contemplated, tho contractor will, at his owu expense, execute the same as if it had been properly described, and the decision of the engineer shall be final as to any ench error or omission, and the correction of any such error or omission, shall not be deemed to bo an addition to or deviation from the works hereby contracted for. K^-iJ— Mr ndrod aud ■ovinee of actor " of 1 by tlie II, that in esty here- ^lajesty as jontoxt re- latters and under this Lime being^ ; assistants lates given ]iject to hi* m may see on and ex- end to and ntract Hei* lerever the d adminis- uinship. )very kind ever neces- sot out or set out or e purposes )n8 of such irst day of The said ished in the ict confor- Lime be fur- 1 tract), and ing control ict shall bo and if it icessary for iplated, tho en properly ch error or eemcd to bo EiKjineer may Order Extra Work and Make Chanyes. 5. The chief engineer, with the sanction of tho Minieitor of Jlailwny:? and Canals, shi U be at liberty at any time, either before tho coininonceineiil or during iho oon- 8tru3tiun of the works or any portion thereof, to order any woi-k to bo done, and to make any changes which ho may deem expedient in tho character, nature, location, or position of tho works, or any part or parts thereof, or in any other thing connected with tho works, whether or not such changes diminish the work to bo done, or the cost of doing tho same, and the contractor shall immediately comply with all written requisitions of tho engineer in that bohnlf, but the contractor shall not make any change in, or addition to, or omission, or deviation from the works, unless directed by tho engineer, and shall not be entitled to any payment for any change, addition, or deviation, unless such change, addition, omission, or deviation shall have been first directed in writing by the engineer, and notified to the contractor in writing, nor unless the price to be paid for any additional work shall have been previously fixed ^ by the Minister in writing, and the decision of tho engineer as to whether any such change or deviation increases or diminishes the cost of the work, and as to the amount to be paid or deducted, as the case may be, in respect thereof, shall be final, and the obtaining of his certificate shall be a condition precedent to the right of the contractor to be paid therefor. If any such change or alteration constitutes, in the opinion of the said engineer, a deduction from the works, his decision as to the amount to be deducted on account thereof shall be final and binding. Clianges shall not Invalidate Contract. 6. That aH the clauses of this contract shall apply to any changes, additions, or de- viations, in like manner, and to the same extent, as to the works at present pro- jected, and no changes, additions, devialione or variations shall annul or invalidate this contract. Limit of Expenditure under this Contract. 7. It being the intention that the coat of the work to be done under this contract be limited to the sum of Fifteen Thousand Eight Hundred and Two Dollars and Forty Cents, which sum is to be taken as the maximum amount of this contract, not to bo exceeded ; it is hereby specially agreed that should it, at any time during the execution of the said work, appear from the cost of the work then per- formed, as compared with the value of the works still to be done, that such maximum amount will be exceeded, whether by reason of additions, alterations, variations, for any other cause whatsoever, the contractor will then be required to complete only such portion of the works herein contemplated as will be indicated by the engineer, with the view to limit the total expenditure under this contract to the maximum above stated; and so soon as the said maximum amount will be expended, this con- tract will then be considered as ended, and the contractors will not thereafter be entitled to continue the works under this contract, or to receive any further payment beyond the said maximum amount, unless the Minister should authorize and direct fur- ther expenditure ; in which case, it is understood that tho Minister will have tho right (which is hereby expressly nscrved) to direct that any ivorks, which may then remain to be done, shall be executed under this contract; and the contractor hereby agrees to execute the same at the rates or prices hereinafter mentioned, as if these remaining works formed part of this contract. Provided also, that in case the said works, on completion, by reason of alterations, variations, deviations, diminutions, omissions, or otherwise, should not amount to the total sura above mentioned, the contractor will not be entitled to the payment of the diilerence in cost, whatsoever the same may be. No compensation shall, in any case, be claimable by the contractor . lor any loss ol anticipated profits. ■ ■ 88 Engineer to be Sole Judge of Work, Material, Jkc. 8. That the engineer shall bo the sole judge of work and material in respect of both quantity and quality, and his decision on all qtiestions in dispute with regard to work or material, or as to the moaning or iutention of this contract, and the plans, specifications and drawings shall bo final, and no works or extra or additional works or changes shall bo deemed to have been executed, nor shall the contractor bo entitled to payment for the same, unless the same shall have boon executed to the satisfaction of tho engineer, as evidenced by his certificate in writing, which certifi- cate shall bo a condition precedent to tho right of the contractor to bo paid therefor. Schedule of Prices. 9. It is horeby distinctly understood and agreed, that the repectivo portions of the works set out or referred to in the list or schedule of prices lo bo paid for the dif- ferent kinds of work, include not merely the particular kind of work or materials mentioned in said list or schedule, but also all and every kind of work, labor, tools and plant, materials, articles and things whatsoever necessary for tho full execution and completing ready for use of the repective portions of the works to tho satisfac- tion of the engineer. And in case of dispute as to whut work, labor, materials, tools and plant are or are not so included, tho decision of the engineer shall bo final and conclusive. Foreman. 10. A competent foreman is to be kept on the ground by the contractor during all the working hours, to receive theoi-ders of the engineer, and should the person so appointed be deemed by the engineer incompetent, or conduct himself improperly, he maybe discharged by the engineer, and another shall at once be appointed in his stead; such foreman shall be considorcd as the lawful representative of the contrac- tor, and shall have full power to carry out all requisitions and instructions of the said engineer. Unsuitable Material or Imperfect Work. 11. In case any material, or other things, in the opinion of the engineer not in accordance with the said several parts of this contract, or not sufficiently sound or otherwise unsuitable for the respective works, be used for or brought to tho intended works, or any part thereof, or in case any work be improperly executed, the engineer may require the contractor to remove the same, and to provide proper material or other things, or properly re-execute the work, as the case may be, and thereupon the contractor shall and will immediately comply with the said requisition, and if twenty- four hours shall elapse and such requisition shall not have been complied with, the engineer may cause such material, or other things, or such work, to be removed ; ami in any such case the contractor shall pay to Her Majesty all such damages and expense as shall be incurred in the removal of such material, materials or other things, or of such work; or Her Majesty may, in Her discretion, retain and deduct such damages and expenses from any amounts payable to the contractor. All Plant and Material to Become Property of Her Majesty. 12. All machinery and other plant, materials and things whatsoever, provided by the contractor for the works hereby contracted for, and not rejected under the provisions of tho last preceding clause, shall from the time of Ihoir being so provided become, and until the final completion of the said works, shall be the property of Her Majesty for the purposes of the said works, and the same shall on no account be taken away, or used or disposed of except for the purposes of the said works, without the 80 espoct of cgard to 10 plnnn, [vl works actor bo od to the h cortiti- th ore for. ortions of )r tho dif- materials ibor, toola execution satisfac- \aU, tool8 tinal and or during person so iproporly, ited in his 10 contrac- ions of tho consent in writing of the engineer, and Ilcr Majesty sliall not bo answerable for any loss or ihimago whatsoever whicii may happen to such macliinory or other jihuit, material or things, provided always that upon the foinplotion of tho worUs and upon pa} ment by tho contractor of all such moneys, if any, as hhall bo due from him to Ilor Majesty such of the said machinery and other plant, material and things as shall not have l>een used and converted in the works, and shall remain undisposed of shall, upon demand, be delivered up to tho contractor. Insufficient Machinenj. — Material or Labour to be IncreaseiL V.\. If tho engineer shall at any tiino consider the number of workmen, horses or ^juantily of muchinery orothor i)iant, or thequuutity of proper muteriaN, rospoi-tivoly employed or ])rovi(led by the contractor on or for the saiil wi)riis, to bo insutUcient for tho advanceinoht thcroot towards completion within tho limited times, or that tho works aie, or some part thereof is not being carried on with due diligence, then in ■every such case the said engineer may, by wi'illon notice to tho contractor, reipiiro him to employ or ])r()vido such additional workmen, horses, machinery or other plant or materials as tho engineer may think necessary, and in case tho contractor shall not thereupon, within three days, or such other longer period as may be fi.xed by aiij- such notice, in all respects comj)ly therewith, then the engineer may, eithur •on behalf of Her Majesty, or if he see lit, may, as the agent of and on account of tho contractor, but in either case at the ex|)ense of the contractor, provide and employ such additional workmen, horses, machinery and other plant, or any thereof or such additional and materials respectively, as h'j may think pi'opor, and maj- j)ay such additional workmen such wages, and for such autlitional horses, machinery or otiier plant and materials respectively, such prices as he may think piopor, and all such wages and prices respectively shall thereupon at onco bo repaid by tho contractor, or the same may be retained and deducted out ot any moneys at any time payable to the contractor; and Her Majesty may use, in the execution or advancement of tho aaid work, not only the horses, machinery and other ])lant and materials so in any case provided by anyone on Her behalf, but also all such a* may have been or may bo provided by or on behalf of the said contractor. neer not in y sound or 10 intended he engineer material or ireupon the d if twenty • d with, the noved ; and images and als or other and deduct er, provid'jd id under the 80 provided )orty of Her untbe taken without the Delay in Execution. — Work may be taken out of Contractor's Hands. 11. In case tho contractor shall make default or delay in diligently continuing to execute o/ ndvance the works to the satisfaction of the engineer, and such default of delay shall continue for six days after notice in wi'iting shall have been given by tho engineer to the contractor requiring him to put an end to such default or \ delaj', or in case tho contractor shall become insolvent, or make an assignment for -* the benefit of ere litors, or neglect, either personally or by a skilful and competent agent, to superiitend tho works, then in any of such cases Hor Majesty may take tho work out of tiie contractor's hands and employ such means as She may see fit to complete tho work, and in such cases the contractor shall have no claim for any further payments in respect of tho works performed, but shall nevertheless remain liable for all loss and damage which may bo suffered by Her Majesty by reason of the non-completion by the contractor of tho works ; and all materials nnd things whatsoever, and all horses, machinerj' and other plant provided by him for the pur- poses of the works, shall remain and be considered as the property of Her Majesty for the purposes and according to the provisions of the said conditions contained in the twelfth clause hereof. • ' ' ■' Contractor to take Risk of all Loss or Damage. 13. The contractor shall be at the risk of and shall bear all loss or damage whatsoeover, from whatsoever cause arising, which may occur to tli works, or any of them, until the same bo fully and finally completed and deliverea up to and ac- IMAGE EVALUATION TEST TARGET (MT-3) /. // ^ .*\^ I A 4^0 r/. ^ m 9 J^ i^^' ^^w ^ -V ^ '!>' 7 M 1.0 I.I L;|2B 12.5 lu U2 mil Ui 140 Photographic Sciences Corporation ii 2.0 1.8 11.25 1111.4 IIIIII.6 23 WEST MAIN STREET WEBSTER, N.Y. M580 (716) 872-4503 \\ ii whole or part— snch operations may be again resumed and again suspended, and resumed, as Her Majesty may think proper. And upon tho contractor receiving written notice on behalf of Her Majesty that the suspended operations are to be resumed, the contractor shall at once resume the operations and diligently carry on the snmo. .1 93 Appropriation by Parliament. 29. Should the amoant now voted by Parliament and applicable towards pay- ment for the work hereby contracted for, be at any tirae expendtxl previous to the oompletion of the works, the Miuister for the time being may pive the contractor written notice to that effect. And upon receiving sncb notice the contractor raay^ if he thinks fit, stop the work — but in any case shall not be entitled to any payment for work done, beyond the amount voted and applicable as aforesaid— unless and until the necessary funds shall have been voted by Parliament in that behalf. And in DO event shall the contractor have or make any claim upon Her Majesty for any damages or compensation by reason of the said suspension of payment, or by reason of any delay or loss caused by the stoppage of work. Spirituous Liquors. 30. The contractor shall not permit, allow, o:* encourage the sale of any spirituous liquors on or near the works. No Sunday Labour. 31. No work whatever shall at any time or place be carried on during Sunday, and the contractor shall take all necessary stops for preveiting any foreman, or agent, or men from working or employing others on that day. Chief Engineer to be Arbitrator. 32. It is hereby agreed that all matters of difference arising between tho parties hereto upon any matter connected with or arising out of this contract, the decision whereof is not hereby especially given to the engineer, — shall bu referred to the award and arbitration of the Chief Engineer for the time being having control over the works, and the award of such engineer shall be final and conclusive; and it is hereby declared that such award shall be a condition precedent to the right of tho contractor to receive or be paid any sum or sums on account, or by reason of such matters in differeiice. 33. It is distinctly declared that no implied contract of any kind whatsoever, by or on behalf of Her Majesty, shall arise or be implied from anything in this contract contained, or from any position or situation of the parties at any time, it being clearly underetood and agreed upon that the express contracts, covenants and agree- ments herein contained and made by Her Majesty, are and shall be the only contracts, covenants and agreements upon which any rights against Her are to be founded. 3i. This contract is hereby, pursuant to the provisions of tho 8th section of the Statute, 4l8t Victoria (1878), chapter 5, made subject to the express condition that no Member of the House of Commons of Canada shall be admitted to any share or part of such contract, or to any benefit to arise therefrom. Contract may be Cancelled. ch. In the event of it becoming advisable in tho interests of the public to suspend tho work hereby contracted for, or any portion thereof, at any time before its com- pletion, and to put an end to this contract, the Minister for the time being shall have lull power to stop the work and to cancel this contract, on giving duo notice to that effect to tho contractor. The contractor, however, will be entitled to receive pay- ment for all sums then due ibr work already done, materials used or delivered, or ready to be used, or in coui*se of preparation, together with such reasonable compon- sation as will cover all 6ofl((/{^e damages, if any, resulting thorotrom, and .as may then be agreed upon ; or, in case of disagreement, as may bo determined by the 94 Official Arbitrators of the Dominion of Canada; it heioa andenitood, however, that no compensation will be allowed to or claimed hy tne contractor for materials ))ro<:urea for the works, after the date of the service of the notice above referred to, or for any loss of anticipated profits, either in respect of the works so suspended as -aforesaid, or of the materials then procured for said works. In Witnkss whereof, the contractor hath hereto set his hand and seal and these presents have been signed and sealed by the said Minister, and countersigned vy the Secretary of the I)epai*tmeut, on behalf of Iler Majesty. Signed, sealed and delivered by the *) contractor in presence of [■ (Signed) > (Signed) Jamks H. Rowan. ) R. DICKSON, fL.S.J Signed, sealed and delivered bv the ^ (Signed) CHARLES TUPPER, Minister, and countersigned by the I Ministerof Railway's and Canals. Secietary, in the presence of [ (Signed) F. BRAtJN, (Signed) H. A. Fissiault. J Secretary. [L.S.] SURETIES' INDENTURE. This Indenture, made the fifteontlj day of Aueust, one thousand eight hundred and seventy-nine, between JOHN McKECHNIB, of Winnipeg, in the Province of Manitoba, and WILLIAM W. MoMILLAN, of the same place, carrying on together the business of General Merchants, as partners, under the name, style and firm of " McEechnie & McMillan," and JAMES MoLENAGHEN, of Win- nipeg, Merchant, in the said Province of Manitoba, hereinafter called " The Sureties," of the first part, and Her Majesty Queen Victoria, of the second part. WITNESSETH, that the sureties hereby for themselves, and each of them, their and each of their heii-s, executors and administrators, jointly and severally, covenant with Hor Majesty and Her Successors, that the contractor named in the hereunto annexed Indenture, his executors and administrators, shall and will from time *o time, and at all times, well and truly perform, keep and abide b^ all and singular the covenants, agreements and conditions in said Indenture contained, and on his part to be performed, kept and abided by. And the sureties, further, covenant and agree with Hor Majesty and Her Successors, that all the rights, privileges and powera which may, by virtue of the said Indenture, be exercisea by or on behalf of Her Majesty, or by the engineer or engineers, or other persons mentioned in t^&id Indenture, may be so exercised without notice to the said sureties, and without in any way releasing or interfering with the liability of the sureties under their covenants herein contained. In witness whereof, the parties hereto have hereunto set their hands and seals. Signed, sealed and delivered in presence of {Signed) James H. Rowan. I (Signed) JOHN McKECHNIE. (Signed J WILLIAM MoMILLAN. ^Signed) JAS. MoLENAGHEN. Seal. Seal. Seal. the ^1 95 V J (19 1.) AsTiCLfs OP AoREKMENT entered into this eleventh day of September, in the year one thousand eight hundred tind seventy nine, and made in triplicate between GEORGE THOMAS CLARK, of Dowiais, Wales, sole Trustee under the will of the late Sir John Guest, Baronet, and now carrying on business as manufacturer at Drw- lais Steel and Iron Works under the name or firm of " GUEST AND COMPANY" (hereinafter called "the Company"), and HER MAJESTY QUEEN VIOTOTIA, represented herein by the Uonoiable SIR CHARLES TUPPER, the Minister of Railways and Canals of Canada, hereinafter called tie " Minister," of the second part; WITNESSETH, that the company, for and in consideration of the conditions and agreements hereinafter mentioned, doth hereby agre to and with Her Majesty, her S iccesHors and assigns, to manufacture, supply and deliver, to the satisfaction of the Minister iu fnll and perfect accordance with the terms and agreeably to the true intent and meaning of the specitication hereunto annexed mai-ked A, (which i6 here- by declared and agreed to be part and parcel of this agreement, and to be taken and read as incoriwrated herewith, and which is hereinafter called the " Specitication,") ten thousand t(>ns of steel rails of the sta.idard of the Canadian Pacific U'ailway (hereinafter called the " Railway ," together with such quantity and number of steel nsh- plates as may be proportionate and required for laying the said rails on the tiack of the railway. And together also with such quantitj' and number of iron bolts and nuts as may be proportionate to and required for the rails on the track of the said railway. The said delivery of the same respectively to be made as to the first quantity of Five Thousand tons at the option of the company on such wharf at Point Levi, opposite the City of Quebec, or in the City of Montreal, in Canada, and as to the se aurnnco thereupon and certificates of the inspection by the Inspector appointed by the Minister for such purpose, and the balance or remaining sum of twenty per cent. i/f 96 of the full and entire contract price upon the oertificateofthe£neineer-in-chief of the Railway of the due fulfilment of thid contract and agree men t,and that the full quantity, quality, and weight of the said rails, flHh-plates, bolts and nuta has been delivered in full accordance with the specification and with this agreement upon the appointed wharf in good order and free from oostor expenses of snipping, insurance and freight, in connection with the same ; and it is hereby agreed that for the purposes of pay- ment of the balance of twenty per cent the woras " f\ill and entire contract price " in the preceding section contained shall apply to each separate quantity of five thousand tons of rails, fish-plates, iron bolts and nuts proportionate thereto and de- liverable on each of the hereinbefore mentioned dates, but shall not in any otherwise vary this contract as one entire contract. Provided, and it is hereby agreed that the acceptance in Canada of any number of tons weight of any shipment of the said rails, fish-plates, iron bolts and nuts and any of them respectively shall not be an accept- ance of the whole of the same on any shipment or delivery at Point Levi or Mon- treal aforesaid, as the case may be, but that the Minister may accept part and reject part of the same respectively, where the same shall not be found to be in accordance with this specification and agreement, and in any such case the amount of payment for the portion so accepted shall be in accordance with the terms of this proviso, and the part so rejected shall be left at the risk, cost and expense of the company. And it it hereby further agieed upon that the Inspector to be appointed in England by the Minister for such purpose, shall have full power to reject an^ of the rails, fish-plates, iron bolts and nuts, which in his opinion are not fully, and in all respects conformable to and in accordance with the specification and this agreement. And further, that for securing the due performance of this agreement by the Company the sum of two thousand five hundred pounds in bank deposit receipts or eocurities to the cash value of the said sum or security, approved by the Minister or the Financial or other duly authorized Agent of Canada in London, England shall, within ten days hereafter, be deposited in the B ink of Montreal, in London, to the credit of the Finance Minister oi Canada, the same to be disposed of by him for making good any default of the company in the due fulfilment of this contract and agreement, but in nocaseshall Her Majesty, or the Dominion of Canada, or any Minister, Officer or Agent be liable for any interest on this deposit or fjr any loss or diminution in the value of such securities. And it is further agreed that if, from strikes, extraordinary occurrences beyond their control, the company shall be unabie to complete the said deliveries, or either of them, within the times reupectively specified, a further period not exceeding three months shall be allowed for such in complete delivery, and, thereafter, only such further time as the Minister may, by writing, allow for such purpose. In Witness whereof, the said George Thomas Clark, acting on behalf of the company, hath hereunto B«it his hand and affixed the seal of the company, and the Minister hath hereunto sot his hand and affixed his seal, and the Secretary of tho Department of Railways and Canals of Canada, hath countersigned the same, on the day and year first above written. Signed, sealed and delivered bj'") George Thomas Clurk, on bohalf of | the company, in presence of '^ (Signo• (Signed) F, Railways and Canals. ) (Signed) GEORGE T.CLARK. (Seal.) (Signed) CHARLES TUPPER, (Sca!.> Minister of Raihoays and Canals. BRAUN, (Seal.) Secretary. i V ■ r^ 9T The Specification A referred to in the annexed Articles of Agreement. (Seal.) \ •/ CAFfADIAN PACIFIC MAIL WAT. SPECIFICATION For Standard Stxsl Bails, 57^ Lbs. aicd FABTiimas. Bails. li*t. — The railsjareto bo accurately rolled, uniform througbout, tmeto template and of the torm kuown as the Canadian Pacific Bail way Standard. 2nd. — The ateel used for rolling the rails must be of the first quality, snob as to secure the best rail manufactured, and bei^t suited for tbe Canadian climate. The ends are to bo cut straight, and perpendicular to the axis of tbe rail. Tbe bead must bo perfectly smooth without any defects ; the flanges are to be clean, and without chipping. No attempt to improva dofoclive places in tbe rails after rolling is to be allowed, either by hammering or re-beuting ; likewise no ro-heating shall be allowed for cutting the rails. The straightening of the rails is to be made when cold by pressure. Eush rail to bo distinctly marked on the web with tbe initial C.P.B steel, the name of maker, and year of manufac'ure. 3rd. The weight of the rails must ' . as noarly as possible ftlj Ibs.peryard, and every moans must bo taken to secure this weight. When rolling is commenced, and other times duiing iho process of manufacture, ten rails, poifectly true to section, will bo weighed, and if found not corresponding with the required weight, such slight changes in section us necessary to bring the weight to 67^ lbs. per yard must be made. No rail varying more than one per cent, above or below tbe normal weight of 67J lbs. por yard will bo accepted, and no payment lor over weight will be made. 4lh. The goncnil longih ui rails will be 30, 1^8, ;^6, and 24 feet, but a quantity not exceeding ten por cent, will bo received in shorter lengths (22, 20, 19 and 18 foot in about equal pioportion), but none under 18 feet lengths. The 19-feet lengths must be specially marked with red paint. The short rails are not to be rolled purposely, but nre to be cut out of such long rails as may have faulty ends. The lengths ot the rails are to be .xact length to bo allowed beyond 3-16thB of an inch, either above or below ; or a possible extrerno variation of 3-8th9 of an inch between two rail."*, the one being all tho allowance too long, the other all the allowance too short. 6th. The rails will bo drilled (not punched or punched and enlarged) with two holes near each end. Those holes to bo oloiigatod 1 inch by J inch, as per drawing, the centres of tho holes to bo 2^ and 7^ inches lespectively from ends of rail. Two notches will bo slotted in tho fiange at each end of the rail, with cornera rounded, and tho whole must bo in tho positions shown on drawing. Every possible care must be taken to render every rail and fastening inter- changeable. 6lh. Tho rails will bo inspected during tho whole course of manufacture by an Engineer or Inspector appointed by the Minister of Railways and Canals of Canada. Such officer shall have liberty to be present in the works at all hours, and will be empowered to rojoct all rails which, in his opinion, do not come op to the required standard both of form and quality. Besides accurate external examination, the rails will be sabjeot to the following tests, at the contractors' expense. One roil out of each 100 tons (or one or more rails taken at random out of each day's make, if so required,) will bo ohosea and tested aa follows :— > 19— T W ■ ^ 9$ a. A pQrtion of the rail placed on aupporta four f^et apart, maat' stand without fracture a blow from a ball one ton in weight fhlling from a hciKht of 20 feet. b. Another portion of the rail, similarly sopported, shall be submitted to sue* ceflsive blows from a ball weighing three owt. from heights of three feet, four feet and five feet, and the respective deflections are not to exceed |, \, and ^ inch. If the first rail taken out of the lot of the 100 tons does not stand the above tests, the lot is to be divided by halves, and one rail of each half (fiO tons) tosted. If these tests are unsuccessful, the whole lot is to be rejected. The falling weight tbit shall be continued until fracture results, and thefhots duly recorded and reported. All the expense of testing is to be borne by the makers. The test to be recorded in the statement signed by the receiving Inspector, and by the Manufacturers' Agent present at the tests. All rejected rails must be painted with white paint on the two ends, and over the letters C.P.R. on the web on both sides. The aucopted rails are to be weighed, and each stamped at the ends with the initials of the inspector. Steel F^h-plates. 1. The fish-plates are to be of a section to fit tho Canadian Pacific standard rail, and of a similar quaJty of tough mild steel as the rails, and subject to such tests as may be required. 2. A template will be furnished to which two sample plates shall be made, and when approved by the engineer they shall be tho standard of finish and weight. 3. They are to be 20 inches long, square at endo, perfectly straight and smooth on every surioce, and of uniform section thi-uughout. 4. Each fish-plate must be puiicbod hot with four holes, as shown on drawing. These holed n the two ■aiU are to r. ndard rail, oh teats as made, and eight. ,nd smooth n drawing. H\y in the in size and rue to tom- r and inter- ' ijocured in I and square ififoi-dshiro," t care being 1 the axis of ) be " Whit- ts and made neer, before at all times, rusting, and in-Chief. LABK.