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23 WIST MAIN STMIT
WnSTIX,N.Y. 145M
(716)t7a^S03
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CONTRACT
roR A
LINE OF STEAMEES,
TO RVN BBTWEEIf
QUEBEC OR MONTREAL AND LIVERPOOL.
THIS AGREEMENT made at Quebec, in the Province of Canada, the
thirteenth day of AugiMt, in the year of our Lord one thousand ei^iit hundred
and fitty-two ; between David Bellhouse, of the City of Montreal, in the said
Province, Esquire, Ajfcnt for Robert Lamont, McKean and
Donald McLartt of Liverpool, Merchants, carrying on trade and commerce
at Liverpool, in that part of the United Kingdom of G. eat Britain and Ireland
called England, undtT the name, style and firm of " McKean, McLartv \
Company," of the one part ; and the Honorable John Yodno of Quebec, Her
Migesty's Chief Commissioner of Public Works for the Province of Canada,
acting herein for and on behalf of H«r Mjyesty's Government, in the said
Province, of the other part ; Witnesseth that whereas, on the twenty-fifth day
of February last, the Commissioners of Public Works for the said Province of
Canada, did advertise in the public papers in Quebec for Tenders to be received
until the first day of July then next, from parties willing to contract lor the
establishing of an efficient line of Screw Steamers, to ply between the Ports of
Liverpool and Quebec and Montreal, once a fortnight during the season for
navigating the Saint Lawrence, and in winter between the Port of Liverpool
and Halifax, Portland or such other Atlantic Port as might be agreed uiH)n,
once in each month, such Steamers to carry a Mail, if required.
And whereas the said McKean, McLartv and Company did tender and
offer to iKirfonn the services mentioned in the said advertisement, in the man-
ner and on the terms and conditions mentioned in their tender, l)earing date
the eleventh day of June last, that is to say : the said McKean, McLarty and
Oomi)any, by their said Tender and by their letters to the said Honorable Chief
Commissioner of Public Works in support thereof, undertook to maintain and
keep up a regular line of large and powerful Screw Steamers of the description,
capacity, tonnage and power mentioned in their said Tender and hereinafter
particularly described, to ply between the above mentioned places, leaving the
Port of Liverpool and the Ports of Quebec and Montreal either monthly or
once every fortnight, during the season for navigating the River Saint Law-
rence, and during the winter season, when the navigation of the said River
Saint Lawrence is closed, leaving the said Port of Liverpool and the Port of
Portland, in the State of Maine, one of the United States of America, once
every month, in consideration of their being paid a sum o.*' sixteen thousand
pounds, sterling, per annum, for the monthly line of boats, or of twenty-four
thousand pounds, sterling, per annum, for the line of boats running once a
fortnight from each Port, during the season for navigating the Saint Lawrence,
and monthly during winter or for the winter trips to Portland, the sum of one
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tliousaiul throe luiiidn'd and thirty-three poundn nix shillinffH and eight pence
slioiild he i)ai(l, (that is for a voyajre from Liverpool to i'orthmd, and Imek to
Liverpool) and a sum of one thousand two hundred and tliirty-ei^ht pouiidH
one shilling; and ehven jient'e, sterling;, for each fortnifclitly trip during tho
season of iiavifj:ation between Liverpool and Quebec or Montreal (a trip from
laverp(H)l to Quebec or Montreal and back to Liverpool 'xaking one tri|»), in
all twenty-four thousand pounds, sterling, for the whole service, and on con-
dition that the contract should be for a term of ten years from the 'time of the
commencement oi' the service.
Anu wHKitKAH the said ("onnnissioner of Public Works acting as aforesaid
agreed to accept the Tender of the said Mi'Kkan, McLauty and Comiwny. in
the manner hcrcinatler mentioned, on condition that the term of the contract
hIiouUI be seven years in lieu of ten years, and on the further condition that the
City of Portland and the .Saint Lawrence and Atlantic Ilailnjad ('i)ui|)any in
Montreal, and the Atlantic and Saint Lawrence Ilailroad Company in Portland
aK)resai(l. should <(mtribute the sum of five thousand pounds, sterling, ih-t
annum, as part of the sum for which the said services were agreed to i»e per-
formed, the Canadian (Tovcrnment being only boimd for the sum of nineteen
thousand pounds, sterling, per annum, for a fortnightly line of Steamers, and for
the sum of eleven thousand pounds, sterling, per annum, for a numthly line.
And whkkkvs the said McKkan, McLautv and Company have entere«l
into arrangements witli the said City of Portlantl and the said Uailmad Com-
panies, by which the said City of I'ortland and the said Ilaili-oad Companies
have tigreed to pay to tiie said McKkan, .NfcLARTV and ComjMny the said sum
of five thousand jxmnds, sterling, per annum, in consideration of the advantages
which the said City of Portlanil ami the JUilroad Com]>anies aton-said will
derive from the establishment of such a line of Steamers, running In'tween
Liveri>ool and Porthnul during the winter.
And wukrkas the .said McKean, McLarty &, (!ompany have agreed to
perform the said services on the terms; and conditions, and in the manner stipu-
lated by the said Commi.ssicmers of Public Works, on behalf of Her Mjyesty's
Government in the Province of Canada, and bereinaft<'r expressed.
Now this Agreement witnesseth that the said parties have concluded, cov-
enanted, promised and agreed to and with each other in manner and fbnn Ibl-
lowing, that is to say: that the said McKean, McLarty i\. Company shall and
will establish, maintain and keep up a regular line of large and powerful Screw
Steamers, to ply between tlie Port of Liven»ool and the Port of (Quebec or
Montreal, once a fortnight during the season for navigating the lliver St.
Lawrence, and between th? Ports of Liverix)ol and Portland afori'said, once in
each month during the winter. Tliat the said Steamers shall be first class ves-
sels of the dimensions, tonnage and capacity exj>res8cd in the said Tender and
hereinafter mentioned, or they shall be of greater dimensions if the Contractors
shall find it desirable. That the said Steamers shall be not less than twelve
hundred tons, Caqienter's Measurement, and three hundred horse power, capa-
ble of being propelled, when loaded, nine knots |>er hour on the average. That
the dimensions of each Steamer shall be as follows, and to bo increased if found
desirable, to wit :
Length of keel and fore rake, two hundred and thirty feet ;
Breadth, thirty-four feet;
Depth, moulded, nineteen feet;
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Draft of water, loaded, sixteen feet ;
Draft of water with thirteen days t\iel (tonHuined, tlilrtten feet six indies ;
Draft of water with thirteen days ftiel ronsuuied, and tlircc hundred tons
» carKo, landed at Quehec, eleven feet ;
That the Kugines of the said Steamers shall be on the oscillating or M:eared
prineiple, or upon any other prineiple better caleulatcd to perform the service.
That the said services shall be performed by not less than five Kood vessels of
. the descriptions and dimensions above mentioned for the fortni^ditly line (lurinj;
the navigation season of tlie Iliver St Lawrence, and by not less than tlircc
similar vessels during the winter season, when they arc only reijuired to
ma)ie monthly trips.
That the said Steamers shall have accommodations fur first and second
class passengers equal to any of the present Atlantic Screw Steamers, an<l sliall
also have superior accommodation in the between dechs for emigrants or third
class passengers, which last class shall be provided with large, comfortable, and
well ventihtted staterooms and every convenience except napiry and i)e(l(liii^',
and shall be further provided three times a day with diet of a superior descrip-
tion according to a scale to be approved of by the Ohief Commissioner of Public
Works, or his successor or successors in office.
That the said vessels shall also lie ea[iable of stowing one thousand tons
measurement cargo, besides coals in bunkers for twenty-liiur days consumption.
That they shall :arry passengers and cargo at such rates as may be a^Tccd
ujion, but not higher than the rates specified in the .said Tei.der, to wit : For
first class passengers, twenty-one pounds sterling, each ; for sccoi.d cla.ss passen-
gers, twelve pounds twelve shillings sterling, each ; for tliird clas^ passengers or
emigrants, six ])ounds six shillings sterliiiL' each, and for families »y agreement.
That the freight for fine goods from Liverpool to Canada shall m)t exceed
sixty shillings sterling per ton of forty feet, and tor coarse goods, forty shillings
sterling per ton of forty feet.
That the rates of freight iVom Canada to Liverpool shall not be more than
a fair average of what has been charged by sailing vessels. The time occupied
by the said Steamers on the outward passage from England shall not in a yearly
average exceed fourteen days, oik' m the homeward passage siiail not (on a
yearly average) exceed thirteen da) b. (ikwlt,?!' ■">.
The service from Liverpool to Quebec and Montreal shall be performed
during the summer season, that is from the openingof the navigation of the St.
Lawrence until its close, that is to say : from the middle of the month of April
to the middle of the month of November or thereabouts, comprising fourteen
trips from Liverpool to Quebec or Montreal and back; and the communicati.m
between LiveriHwl and Portland shall commence each year at the time of the
close of the navigation of the said River St. Lawrence ; the latter service com-
prising five trips from Liverpool to Portland and back, so that one of the said
l^teameni shall leave Kngland and one shall leave Canada once every fortnight
during the St Lawrence navigation season, and that one shall leave Liverpool
and Portland respectively every month during the time when the navigation
shall be closed on the Biver St. Lawrence in winter.
That in the event of there not being sufficient water for the said Steamers
t«) proceed from Quebec to Montreal, or of there being other difficulties in the
navigation of the Saint Lawrence above Quebec, for Steamers of this class,
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the Rcn-ice Hhall be considered m fulfilled on the part of the said Gontrartom,
on their Rending the cargo in Lightem towed up to Montreal, and the pawen-
gen in Iliver Steamem ; but oliould there l>e Huffieient water, and no difficnity
to prevent the Steamers going to Montreal, then it i* underatood that Montreal
is to be the Port of final «k'Htination on the voyage out fW>m England.
That the Raid Steainen shall be ready, and shall commence their regular
fortnightly trips on or liefore the first day of May, one thousand eight hundre<l
and fifty-four, and a siifiicient number of veRflels Hhall be naily to commence
monthly tripM, and the said monthly trips shall in fact be commenced at the
' opening of the navigation of tlie River Haint Lawrence in the Spring of the
year one thousand eight hundretl and AtV.y-three, as hereitiafler stipulated.
That the said Steamers shall carry a Mail, if required, and also an Officer
in charge of the same, without any other or ftirther consideration than the sum
hereinaiter mentioned, and will adopt such days for departure as the Govern-
ment of Canada, through the Provincial Secretary or the Chief Commissioner
of Public Works, may direct.
That in the event of the Qovemment of Canada requiring to distribute
infonnation res|H>cting (Canada by books, pamphlets or maps, either in Great
Britain or on the (/ontinent of Europe, with the view of encouraging and
promoting emigration by the route of the Saint Lawrence, then in such case
tlie said McKean, Mcliarty & Company hereby promise and bind themselves
to carry all such Imoks, (mmphlets or maps, or the agent going to such places,
with the view of carrying such object into practice, free t)f oliarge ; and also
througii choir agents in Great Britain and the Cctincnt to caust; the same to
be distributed and printed in the various necessary languages, free of all ex-
pense to the Government of Canada, except the actual cost of translation and
printing.
That the said line shall lie maintained for the tenn of seven years from
the commencement of the ser\ice, and continue on the expiration of that period
unless one year's notice lie given to the contrary, either by the Government of
Canada to the said McKean, McLarty &, Company, or by the said McKean,
McLarty ^^ Company to the Government.
That the saitl Steamers shall be exempted from the payment of Light
dues, and all other Provincial dues in the Biver Saint Lawrence.
That fur the ]H'ribrmancc of the said services the said McKean, McLarty
& Company shall receive from Her Miyesty's Government in the Province of
Canada, at the rate of one thousand two hundred and thirty-eight jwunds one
shilling and eleven ]>encc sterling, for each fortnightly trip from Liverpool to
Quebec and Montreal and back to Liverpool, of which fourteen trips shall be
made during the season for navigating the Saint Lawrence, as soon as the
regular line of five Steamers shall be established as above stipulated, and at
the rate of three hundred and thirty-three pounds six shillings and eightpence
for each monthly trip from Liverpool to Portland and back to Liverpool, of
which five trips shall be made during the suspension of the navigation of the
Saint Lawrence, making, with the sum agreed to be paid by the said Bailway
Companies and the City of Portland, the sum of one thousand three hundred
and thirty-three pounds six shillings and eightpence, for each of the said tripa
from Liverpool to Portland and back to Liverpool, as is mentioned or expressed
in the Tender of the said McKean, McLarty & Company above recited. The
■um to be paid by Her Majesty's GoTemment in the Province of Canada at
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tli«! ratcN niNive int-iitioiitil aiiioiintiiiK to nini'tciii flMiiismiil iioiimU NtcrliiiK
|HT annuiii, mul iimkiiiK, with the Nutn of tlvc tlimiMniHl piiiiiids ikt aiiniiiii
HKH'tMl t(» lie paiil l)y tlic Hallway Tin. paiiy ami the City of i*oiHaii»l as afon-
saiil, A total Niiiii of iHciitv-foiir llioiotaiid imhiikIn, tlir aiiioiinl <itat('(l in tlit-
Nai«l TfiultT. That tin- .ai<l |myiiu-tit Nhali lie niaili' at tlir nid of mtrj tlirtc
iiinntlm.
And it is furtlur airnrd that it in tin- intention of tlif said McKcnti,
Mcliarty \ <'oui|tany to (xtaldihb tlu' fortnightly liiii' iMtly in tlu' season of
one tliouNand eiKht hnnilrcd and til>y thnr, if |iosHihle, hnt that slionld the
said McKi'an, McLarty iS. ronipany not Ik- prepand to run the saitl Steamers
fortniKhtly at the opening of th«> navi^ation of the Saint Lawniiee in the
Spring oftlir year one thnuiiand eitrht hundred and liHy tin-ee. in e(;nse<|iienee
of tho rfquircd niimlKT of vohsi'Ih not heinK Imilt or ready to run, that tlidi
and in that caNc they shall and they do herehy hind and oiiiiur tiiemselves to
have a (tuffieient nuinlHT of vt-nsels ready to ply monthly lietwiiii I^iveipool
andQ'U'liec and Montreal from the opening of the naviR.ition next SpriuK »^
afon'said, until the recpiired luunlier of vessels are re.idy to estahlish the
rt'Kular fortni^thtly line during summer, whii-h shall not Ix' later thin the open-
ing of tlu* navigation in the year one thonsaml ei^ht Innidred and fit)y four.
And it is aKreed that for huiIi time as tlify shall maintain and keep up the
monthly summer line of Steamers imtil the rt^ Jar line of five Steamers rnii-
ninK once a fortniKht from eaeh I'ort during suunner, and monthly (luriiiK
winter hIiaII he establikhed, the said MeKean, Meharty and Company sliall
l>c paid at and after the rate of sixteen thousand pounds sterling, |h r annum,
or »me thousand three hundred and thirty three pounds six Nliilliims and
eight penee for eaeh mimthly trip from Liverpool toijueliee and Montreal, and
hack to Liverpool, (of which seven trips shall he maile during the suimuer ot
the year «me thtmsand eight hundred and litVy three, if tin- fortni^jlitly line lie
not established in the meantime^ the rat«'s for the winter service remaining
unaltered, and smh monthly service to be performed in the same manner and
with the same dewriptioii of vessels as has been hereinbefore stipulated in
re8|K'ct to the n.-gular line of fortnightly and monthly Steamers to be estah-
liHhed as aforesaid.
And it is agreed that the said Meivean, MeLarty ^^ Company and each
of the partners in the said firm, jointly and severally shall be bound for the
ilUlllment of the said Contract in the sum of ten thousand pounds sterling
money of Oreat Britain, to Ih; paid by the said McKean, McLarty iS. Com-
pany or either or^any of the said partners, to Iler Majesty's (jovemmeut in
this Province, as liquidated damages in the event of their failing in the true
and faithflil perl'onnance of the present Contract or any part or parts thereof.
Provided always and it is hereby expressly declared and agreed by and
between the said McKean, McLarty \. Company, and the said .lohn Young,
acting as aforesaid, that inasmuch as it is necessary that the present Contract
or Agreement shall be ratified and confirmed by the Parliament of Cnnada.
That in the event of the said Parliament refusing to ratify and confirm the
present contract, these presents and every clause, matter and thing herein
contained shall be absolutely null and void and of no effect whatever.
In Witness whereof the said David Bellhouse in his said capacity of agent
hath hereunto set his hand and seal ; and the said Chief Commissioner of Pub-
lic Works acting as aforesaid hath hereunto signed bis name and set the seal
of the said E*ei)artnu'nt of Public Works, and the Secretary for tl>e said Public
Works hath also eouiitersiKned these presents.
(Signed,) " DAVID BELLHOUSE, [L. 8.]
Agent for McKean, MeLarty &, Co."
" JOHN YOUNG,
Chief Com. P. Works." [L. R]
"TUOM.VSA. BEOLY,
Sec. Public Works."
tsigned, sealed and delivered
by the parties above named
Hi our presence.
(Signed,) "A. BKFi ANGER," of QueW, Notary.
" W. DARLING CAMPBELL," of Quebec, Notary.
A true copy of tiie original remaining of reeonl in my Office. One
mai^inal note is ai)pi-oved. Three wonls erased a^v null and v«)i(l.
AltCHD. CAMPBELL,
Notary Public.
On the thirlA'-first day of August, in the year of our Lord one thousand
eight hundred and fifty-two, at the (^ity of (Quebec, in that i)art of the Province
of Canada called Lower Canada. In'fore the undersigned Public Notaries duly
commissioned and .swoni in and for that part of the said I'rovincc, appeared
David Bkli.hocsk, of the City of Montreal, in the said Province, Es«iuire,
Agent for RonKKT Lamoxt, McKkan and Donalu McLarty, of
Liverpool, in England, Merchants, carrying on trade and commerce at Liver-
pool aforesaid, under the name, style and firmof "McKkax, McLarty & Com-
'• PANY," of the one part, and Tlio Honorable John You.no, of Quebec, Her
Mfuesty'a Chief Commissioner of Public Works for the said Province of
Canada, acting herein for and on Mialf of Her Kl.ubsty's Government in the
said Province, of the other part, which sai'l partict, in the presence of us the
sa-d Notaries, <lid admit, acknowledge and declare that they did sign, seal, and
in due fonn of law, on the thirteenth «lay of August, deliver the foregoing
Agreement entered into between the said David Bellhouse, acting as the Agent
of the said McKean, McLarty & ('oiupany, and The said Honorable John
Young, acting as Her Mtgesty's Chief (Jommisaioner of Public Works for the
said Province of Canada : And whereas, for tlu: better fulfilment of all and
every the premises in the said Agreement contained, they the said David
Belliiouse and The Honorable John Young, acting as aforesaid, conceive it
desirable to deposit with some Public Notary in Lower Canada, the original of
the said Agreement, and to ratify, a{^rove and confirm the same before the
said Public Notary and kis Colleague.
Now, therefore, these presents and we the raid Notaries witness, that they
the said David BelUtuuse and tl>e said Honorable John Young, acting as afore-
said, did, in our presence, ratify, approve and coafinn as by these presents
they do ratify approve and confirm tlie said Agreement, and every clause,
condition, obligation, matter and thing therein coatained, to have effect in
law as fiiHy^ to all intents and )MarpoKes, as if the said Agreement had been
a notarial act or deed passed and executed in notarial form ; And they the
said Daritl B«>mu)use and the sattl Tlit Hoiiorabl(> John Young have de-
l>ofiitiKl, and do hereby de|MMit, m a minuff., with Archibald Campbell, one of
the undersigned Notaries, Hie aferesaid Afvemeat, written on paper and
One
sand
i V,
;v. i
hereunto annexed, to be put and placed amongst the minutes of the aforesaid
Archibald Campbell, to the end that all necessary copies may be thereof made
and given, which said de;)osit so of us required, we the said Notaries have
accordingly made and granted, and do make and grant, after that the said
David JJellhouse and John Young had certified the said original Agreement to
W true, and signed such Cert'^cate in the presence of us the said Notaries,
who have also signed the same.
Thus done and imsscd, at the City of Quebc; aforesaid, on the day and
year first alwve written, in the Office of Archibald Campbell, one of us the
undersigned Notaries, under the number thirteen thousand five hundred and
seventy-six, the said David Bellhouse and the said Honorable John Young
having hereunto set and subscribed their names and signatures after the same
had been duly read in the presence and hearing of them the said David Bell-
house and John Young, and of us the said Notaries, who have also hereunto
set and subscribed our names and signatures in faith and testimony of the
premises.
(Signed,) " DAVID BELLHOUSE."
"JOHN YOUNG,
',. Ch. Com. P. Works."
.' « "A. BEL ANGER, Not."
• « "ARCH. C^iMPBELL, Not. Pub."
A. true co\rf of the original remaining of
record in my Office.
John Campbell, Not. Pub.
I .
^^y i;^'.