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Technical and Bibliographic Notes / Notes techniques et bibliographiques
totr
The Institute has attempted to ootain the best original
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D
D
D
D
D
D
D
L'Institut a microfilm^ le meilleur exemplaire qu'il
lui a iti possible de se procurer. Les details de cet
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Th«
pOM
oftr
fliml
Origl
b«gii
thai
■ion.
ath«
first
tlon,
or ill
Cover title missing/
Le titre de couverture manque
Coloured maps/
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Blank leaves added during restoration may appear
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11 se peut que certaines pages blanches ajouties
lors d'une restauration apparaissent dans le texte.
mais, lortque cela itait possible, ces pages n'ont
pas M filmies.
I — -{Additional comments./ There are some creases
I I Commentaires supplementaires:
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Thol
shall
TINU
whic
IMap4
diffai
antin
bagir
right
raqui
math
Includes index (es)/
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Title on header taken from:/
Le titre de I'en-tCte provient:
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riodiques) de la livraison
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This item is filmed at the reduction ratio checked below/
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14X
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qu'il
e cet
It de vue
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cation
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Th« copy filmtd h«r« has b««n r«produc«d thank*
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National Archives of Canada
Tha imagaa appaaring hara ara tha baat quality
posaibia conaidaring tha condition and lagibility
off tha original copy and in kaaping with tha
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L'axamplaira filmi fut raprodult grica A la
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Division des manuscrits.
Archives natlonales du Canada
Laa imagaa suivantaa ont it* raproduites avac la
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conformity avac laa eonditiona du contrat da
ffilmaga.
Original eopiaa in printad papar cov#ra ara fllmad
baginning with tho front covar and anding on
tha laat paga with a printad or illuatratad impraa*
alon. or tha back eoyar whan appropriata. All
athar original coplaa ara fllmad baginning on tha
firat paga with a printad or illustratad impraa-
alon. and anding on tha laat paga with a printad
or llluatratad impraaalon.
Laa axamplairaa originaux dont la couvartura an
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originaux aont fiimAa an comman9ant par la
pramiira paga qui comporta una amprainta
dimprassion ou d'illuatration at an tarminant par
la darhi4ra paga qui comporta una talla
amprainta.
Tha last racordad frama on aach microflcha
ahall contain tha symbol — ^^ (moaning "CON-
TINUED"), or tha aymbol y (moaning "END"),
whichavar appiiaa.
Un das symbolas suivanta appsraitra sur la
darni4ra imaga da chaqua microflcha. salon la
caa: la symbols >» signifia "A SUIVRE '. la
symbols ▼ signifia "FIN".
Maps, plataa. charts, ate. may ba fllmad at
diffarant raductlon ratioa. Thoaa too larga to ba
antlraiy includad in ona axpoaura ara fllmad
baginning in tha uppar laft hand comar. iaft to
right and top to bottom, aa many framaa aa
raquirad. Tha following diagrama iilustrata tha
mathod:
Laa cartas, planchaa. tableaux, ate. pauvent dtra
filmte i daa taux da reduction diffirents.
Lorsqua la documant ast trop grand pour Atra
raproduit an un saul clichA. il ast filmi i pSrtir
da I'angla supArisur gaucha. da gaucha i droita,
at da haut an baa. •n pranant la nombra
d'imagaa nicasseira. Laa uiagrammaa suivants
illuatrant la mAthoda.
i
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COPY OF CONTRACT
BETWEEN
HUGH ALLAN & THS POSTMASTER-GENERAL,
roR A
WEEKLY LINE OF OCEAN STEAUEBS
TO
Carry the Mails between Liverpool and Canada^ from
Ist April, 1860, to 1st January, 1867.
^
\
On the Sixth day of April, in the year of Our Lord One Thou-
sand Eight Hundred and Sixty, before us, th« undersigned
Public Notaries, duly commissioned and sworn in and for that
part of the Province ol Canada, called Lower Canada, residing
in the City of Quebec, Personally came and appeared, HUGH
ALLAN, Esquire, Merchant, residing in the City of Montreal,
of the first part, and the Honorable SIDNEY SMITH, Post-
master-General for the Provime of Canada, residing in the city
of Quebec, acting hereinfor and on behalf of Her Majesty's
Government in the said Province of the second part, authorized
for the purposes hereof by an order of the Governor in Council
passed under an Act of the Legislature of Canada, of the pre-
sent session thereof, intituled, " An Act to grant additional aid
" to the Canadian Line of Steamers, and for the Extension of
« the Line of Telegraph to Belle-Isle," on the Fifth Day of
April instant.
Which said partieo, acting as aforesaid, in the presence of us
the said Notaries, did and do hereby covenant, promise and
agree to and with each other in manner and form following,
that is to say :
2
The said Hugh Allan did and doth hereby promise aud
engage, and bind and oblige himself, his heirs and assisns, to
establish, maintain and keep up a regular line of large and
powerful Screw Steamers, to ply between the Port of Liver-
pool and the Port of Quebec or Montreal, once in every seven
days during the season of and for the navigation of the River
bt. Lawrence, and between the Ports of Liverpool and Portland
once also in every seven days duriHg the Winter.
That the said Steamers shall be first-class vessels, and shall
not, with the exception of the Anglo-Saxon, Canadian, and
North American, now belonging to the said Hugh Allan, be
less than two thousand and three hundred tons builder's mea-
surement, and not less than five hundred horse-power, and
shall not be inferior in speed, comfort and power to the steam-
ship called the " Bohemian," belonging to the said Hugh Allan.
That the said Hugh Allan shall be bound to perform the
service to and from Liverpool and to and from Quebec or Mon-
treal during the St. Lawrence navigation until its close every
year, and to make at least twenty-six trips from Liverpool to
Quebec or Montreal during the St. Lawrence navigation, and
at least twenty-six trips from Quebec or Montreal to Liverpool
during the said time ; and the communication between Liver-
pool and Portland shall commence each year at the time of
the close of the navigation of the River St. Lawrence, and
continue till the opening thereof, and during that time the said
Hugh Allan shall be bound to make weekly trips from Liver-
pool to Portland, and weekly trips from Portland to Liverpool,
so that during each year there shall be provided a weekly ser-
vice of fifty-two voyages both to and from America ; the said
Contractor hereby binding himself to call with each of the said
Steamers, and receive and land the Mails at such Poj:t in Ire-
land and in the St. Lawrence as may be from time to time
decided upon by the Postmaster-General of this Province.
And it is covenanted and agreed by and between the said
parties, that one of the said Steamers shall leave Liverpool and
one shall leave Quebec or Montreal once every seven days
I
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during the St. Lawrence navigation season, and that one shall
leave Liverpool and Portland respectively also once every seven
days during the time when the navigation shall be closed on
the River St. Lawrence in the winter.
It is understood that the said Contractor shall have the op-
tion from time to time of deciding on the Port of Quebec, or
that of Montreal for the termination of the trips of the said
Vessels to the St. Lawrence, as the state of the water in the
River and Lake, or other cause, may in his judgment make it
advisable ; but he shall not have the right to terminate the
voyage at Quebec without the sanction of the Postmaster-
General.
That two new Steamers shall be built and ready for sea by
the first day of January next, and all the said Steamers shall
be provided by the said Contractor, and shall be ready, and all the
other arrangements made, so as to continue the regular service
of the weekly line ; and in the event of the Contractor being
unable to continue the regular weekly trips at any time there-
after, this present Contract is to be considered and declared
null and void and of no effect whatever, and the said Contrac-
tor is, within six calendar months thereafter, to repay to the
Government of Canada all moneys that may have been ad-
vanced to him for and on account of the said service.
That the said line shall hereafter be maintained regularly and
in full operation up to and until the first day of January, in the
year One Thousand Eight Hundred and Sixty-seven, and that
during that time the said Contractor shall be bound to carry by
each trip of the said Steamers such Mails as may be given to
him, or to the Officers in charge of his Vessels, by the Post-
master-General of this Province for transmission to Liverpool
cr Ireland, or by the Post Office authority in Liverpool or Ire-
land lor carriage to this Province, or such other Mails between
the said Ports as may be required to be carried at the instance
or by the command of the Postmaster-General of this Province ;
but there is to be no liability under this Contract on the part
of the said Contractor for the contents of the said Mails when
the same are not delivered, in case the failure to deliver the
same is the result ot the dangers of the sea, or of such ns are
peculiar to steam navigation, and not caused by neglect, or by
want of proper skill, or by misconduct on the part of the said
Contractor, his agents, or servants.
And the said Contractor shall find and furnish sufficient ac-
commodation and space on board each of the said Steamers for
keeping the Mails, and for assorting and distributmg the same
on board, and to be called « Post Office," and to fit up such
apartments in such manner as the said Postmaster-General
shall require ; and also shall and will carry and transport on
board each of such Steamers such Officers and Clerks, not ex-
ceeding two in number in each Steamer, for the purpose of
guarding, assorting and taking care of such Mails, and to find
and provide them with the usual rations and cabin accommo-
dation.
That the said Contractor shall furnish and supply the said
Steamers with sufficient fuel, stores and provisions, tackle, and
all things needful and necessary to enable them to perform the
voyages contracted for, and to secure the safety of the Mails
and Passengers.
That the days for the departure of the said Steamers shall
be appointed by Kis Excellency the Governor General in
Council, and so often as he may think fit and proper for the
best interests of the public service j provided that in cases of
changes two months' notice be given to the Contractor by the
Government. The said Postmaster General shall, in case of
need, have the right to delay the sailing of any of the said
ships for the space of twenty-four hours.
And by these presents, the said Hugh Allan doth bind and
oblige himself to have at all times the command of a sufficient
number of Steamers, of the description aforesaid, to perform
the trips hereinbefore mentioned and agreed upon ; and that
the time occupied by the said Steamers on the outward passage
from Liverpool shall not exceed fourteen days, and on the
1/
homeward pnssago shall not exceed thirteen days on an ave-
rage of iHoTTips performed eVery three months.
That the said Contractor shall and will from time to time,
and at all times during the contmuance of this Contract, make
such alterations or improvements in the construction, equip-
ments, or machinery of each and every of the said Vessels
which shall be used by him in the performance of this Contract,
as the advanced state of science may suggest, and advertise
the sailing of the Steamers in Europe and America in such
manner as the Governor in Council may direct.
The present Contract is thus made for and in consideration
of the price or subsidy of Four Hundred and Sixteen Thousand
Dollars for each and every year of its duration, beginning from
the First Day of April, One Thousand Eight Hundred and
Sixty, from which time the existing Contract shall no further
exist, save as to the advance made thereon ; and which the
said Honorable Sidney Smith, acting as aforesaid, did, and doth
hereby promise and bind and oblige the Government of this
Province to pay to the said Hugh Allan, or order, as follows,
to wit : —
In consideration of the above, and of the stipulations here-
inafter made, and for the purpose of aiding the said Hug',
Allan in the building of the said two new Steamers, he thb
said Hugh Allan shall receive from Her Majesty's Government
in this Province of Canada, and the said Postmaster-General
did and doth hereby bind himself to pay to the said Hugh
Allan the sum of Two Hundred and Twenty Thousand Dollars,
and which the said Hugh Allan acknowledges to have receiv-
ed from the said Government before the date of these presents,
the same being an advance of part of the subsidy for the year
One Thousand Eight Hundred and Sixty, and from the said
sum the said Hugh Allan doth hereby release and discharga
the said Government : and the said Hugh Allan shall also re-
ceive from the Government of Canada aforesaid, on the First
6
Day of August next, Two Hundred Tliousnnd Dolla |s.an(l the
further sum of One Hundred and Twenty Thousand Dollars,
on the First Day of January next ; Provided that the said two
new Steamers are contracted for and in course of construction
before the first of such sums of Two Hundred Thousand Dol-
lars is advanced ; and provided further that satisfactory secu-
rity be given to the said Government for such advances; and
for the future the said annual subsidy of Four Hundred and
Sixteen Thousand Dollars shall be paid quarterly every year,
and in advance, in four equal instalments of One Hundred and
Four Thousand Dollars each, to be paid on the first day of each
quarter, that is to say, on the first of the months of April, July,
October and January respectively, to the said Contractor, dur-
ing the existence of this Contract,
That for all advances nr^ade and to be made to the said Con-
tractor, and for the performance of the service contracted for,
satisfactory security shall be taken in such manner and for such
amount or amounts as the Government of Canada may direct
and desire.
And it is declared and agreed by and between the said par-
ties, that the said Contractor shall not be called upon to pay for
light dues, or other Provincial or local dues, taxes, or imposts
whatsoever, during this Contract, to which the said Contractor
as owner of the Steamers to be employed on the said service
should be liable.
And it is further covenanted and agreed by and between the
said parties, that the said Hugh Allan doth bind and oblige
himself to pay to the Receiver-General of this Province, for
every trip not performed, according to this contract, a penalty
of five thousand dollars, and shall not be entitled to the pay-
ment for the trip or trips not made in proportion to the amount
of the present contract for the whole of the trips contracted
for.
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It is also expressly understood and agreed that it shall be at
the opti on of the Govern ment of Canada, to put an end to this
contract, and render the same null and void at any time, should
the terms and conditions thereof not be fairly fulfilled and
carried out in their true and honest meaning, and that without
being obliged to have recourse to law ; but should the Govern-
ment of Canada determine upon annulling the contract, no
penalty shall be payable for the breach or any of the breaches
for which the contract shall be so annulled, nor shall any pe-
nalty be incurred by any delay occasioned by shipwreck or
other accident, not arising from misconduct or from want of
skill or foresight on the part of the contractor or his servants.
It is further agreed, covenanted and understood between
the said parties, that the said contractor may bring this con-
tract to a close the thirty-first day of December of any year,
provided the said contractor shall have previously given notice
in writing to the Secretary of the Province of Canada, at least
six months before hand, and shall have previously paid into the
Office of the Receiver-General of the Province of Canada, all
moneys that may have been advanced to him, the contractor,
on account of this contract, for which the consideration on his
part shall not be fully and satisfactorily performed.
And for the due execution hereof, the parties have made
election of domiciles, towit, the said contractor at his actual
residence, and the said Honorable Sidney Smith, at the Post
Office Department, at which y 1 jes, &c. For thus, &c.
Thus done, passed and sealed, at the City of Quebec afore-
said, in the Office of Joseph Petitclerc, one of the said Notaries,
on the day, month and year first above written, under the
number eleven thousand two hundred and nine.
And the said parties, together with William Hbnry Griffin,
Esquire, Deputy Postmaster-General, also present, have set
and subscribed their names and signatures to these presents,
together with us the said Notaries, in faith and testimony of
s
the premises, these presents being first duly read according
to law.
Signed on the original, remaining of record in the oflice of
Joseph Tetitclerc, one of the undersigned Notaries.
HUGH ALLAN.
SIDNEY SMITH,
Postmaster-General of Canada.
W. H. GRIFFIN,
Dpty. P. M. General.
Edouard J. Langevin, N.P.
Jh. PSTITCtERC, N.P.
(True Copy.)
Jh. Pbtttclerc, N.P.
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