IMAGE EVALUATION
TEST TARGET (MT-3)

IX)

LL
1.25

■ 50 ^^

1^ 1^ 12.0

2.2

U 1 1.6

rJluiugiapiiiC

Sciences
Corporation

33 WEST MAIN STREET

WEBSTER, N.Y. 14580

(716) 872-4503

•'«?j^-L""' t^ij^

'f .• . ■

I/a

CIHM

ICIVIH

Microfiche

Collection de

Series

microfiches

(l\/lonograplis)

(monographles)

Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques

Technical and Bibliographic Notes / Notes techniques et bibliographiques

The Institute has attempted to obtain the best original
copy available for filming. Features of this copy which
may be bibliographically unique, which may alter any
of the images in the reproduction, or which may
significantly change the usual method of filming, are
checked below.

Coloured covers/
Couverture de couleur

Covers damaged/
Couverture endommagee

Covers restored and/or laminated/
Couverture restauree et/ou pelliculee

Cover title missing/

L.e titre de couverture manque

Coloured maps/

Caites g6ographiques en couleur

Coloured ink (i.e. other than blue or black)/
Encre de couleur (i.e. autre que bleue ou noire)

Coloured plates and/or illustrations/
Planches et/ou illustrations en couleur

□ Bound with other material/
Relie avec d'autres documents

Tight binding may cause shadows or distortion
along int( 'ior margin/

La reliure serree peut causer de I'ombre ou de la
distorsion le long de la marge interieure

Blank leaves added during restoration may appear
within the text. Whenever possible, these have
been omitted from filming/
II se peut que certaines pages blanches ajout^es
lors d'une restauration apparaissent dans le texte,
mais, lorsque cela etait possible, ces pages n'ont
pas ete filmees.

Additional comments:/
Cornmentaires supplementaires:

L'Institut a microfilm^ le meilleur exemplaire qu'il
lui a eti possible de se procurer. Les details de cet
exemplaire qui sont peut-£tre uniques du point de vue
bibliographique, qui peuvent modifier une image
reproduite, ou qui peuvent exiger une modification
dans la methode normale de filmage sont indiques
ci-dessous.

□ Coloured pages/
Pages de couleur

I I Pages damaged/

Pages endommagees

□ Pages restored and/or laminated/
Pages restaurees et/ou pellicultes

Pages discoloured, stained or foxed/
Pages decolorees, tachetees ou piquees

Pages detached/
Pages detachees

0Showthrough/
Transparence

□ Quality of print varies/
Qualite inegate de Time

impression

□ Continuous pagination/
Pagination continue

□ Inclu
Comi

des index (es)/
Comprend un (des) index

Title on header taken from:/
Le titre de I'entete provient:

□ Title page of iss
Page de titre de

□ Caption of issue/
Titre de depart di

issue/

la livraison

depart de la livraison

□ Masthead/
Gener

ique (periodiques) de la livraison

This Item is filmed at the reduction ratio checked below/

Ce document est f ilme au taux de reduction indique cidessous.

inx

My.

1S.X

22X

26 X

12X

16X

20X

24 X

?RX

■\?t

The copy filmed here has been reproduced thanks
to the generosity of:

National Library of Canada

The images appearing here are the best quality
possible considering the condition and legibility
of the original copy and in keeping with the
filming contract specifications.

Original copies in printed paper covers are filmed
beginning with the front cover and ending on
the last page with a printed or illustrated impres-
sion, or the back cover when appropriate. All
other original copies are filmed beginning on the
first page with a printed or illustrated impres-
sion, and ending on the last page with a printed
or illustrated impression.

The last recorded frame on each microfiche
shall contain the symbol ^^> (meaning "CON-
TINUED"), or the symbol V (meaning "END"),
whichever applies.

Maps, plates, charts, etc., may be filmed at
different reduction ratios. Those too large to be
entirely included in one exposure are filmed
beginning in the upper left hand corner, left to
right and top to bottom, as many frames as
required. The following diagrams illustrate the
method:

IZ'K

L'exemplaire filmd fut rep^oduit grSce d la
g6n6rosit6 de:

Bibliothdque nationale du Canada

Les images suivantes ont 6t6 reproduites avec le
plus grand soin, compte tenu de la condition et
de la nottetd de l'exemplaire film6, et en
conformity avec les conditions du contrat de
filmage.

Les exemplaires originaux dont la couverture en
papier est imprim^e sent filmds en commenpant
par le premier plat et en terminant soit par la
dernidre page qui comporte une empreinte
d'impression ou d'illustration, soit par le second
plat, selon le cas. Tous les autres exemplaires
originaux sont filmds en commenpant par la
premidre page qui comporte une empreinte
d'impression ou d'illustration et en terminant par
la dernidre page qui comporte une telle
empreinte.

Un des symboies suivants apparaitra sur la
dernidre image de cheque microfiche, selon le
cas: le symbole -^^ signifie "A SUIVRE", le
symbole V signifie "FIN".

Les cartes, planches, tableaux, etc., peuvent §tre
filmds d des taux de reduction diffdrents.
Lorsque le document est trop grand pour §tre
reproduit en un seul clich6, ii est film6 d partir
de Tangle sup6rieur gauche, de gauche d droite,
et de haut en bas, en prenant le nombre
d'images ndcessaire. Les diagrammes suivants
illustrent la mdthode.

^^A^

^/^

AGREEMENT

Between

HER MAJESTY

Re[)resenteJ by the; Honourable tlu; Commissioner of Crown Lands

for the Province of Ontario,

ANU

THK SPANISH RIVKR PUI.P AND PAI'ER COMPANY,

Dated the 21st day of September, i.Sgq.

PRINTED liV ORDER OK

THE LEGISLATIVE ASSEMBLY OF ONTARIO.

TORONTO :
\\' aUWH^K BUG'S A RUTTEIl, Phinti rs. 68 anu 70 Front Rtkf.kt Wk.hi.

i900.

ditJS^^f

efu^y

AGREEMENT

Between

HER MAJESTY,

Represented by The Honourable the Commissioner of Crown Lands

for the Province of Ontario,

AND

THE SPANISH RIVER PULP AND PAPER COMPANY,

Dated the 21st day of September. 1899.

PRINTED BY ORDER OF THE

LEGISLATIVE ASSEMBLY OF ONTARIO

TO RO NT :

WARWICK BRO'S & RUTTER, Printers.

1900.

1000 J

AGRERMRNT.

AGREEMENT.

This Indenture made in duplicute this twonty-first day of September, one
thousand eiglit hundred and ninety-nine.

Between

Her Majesty, represented by the Honorable the Commissioner of Crown
Lands tor the Provmce of Ontario, hereinafter called " The Government " of the
tirst part.

And Marshall Jewel Dodo;e of the City of New York, in the State of New
Irr.^l"^ ^<^ates oi America, Lumberman ; Adam Rutherford Creelmun of
the City oi Toronto, in the Province of Ontario, Dominion of Canada, Queen's
Counsel; John James McNeil, of Toronto, aforesaid, Lumberman; William
Joseph Sheppard, ot the Villajre of Waubaushene. in the County <,f Simcoc and
Province of Ontario aforesaid, Lumberman ; William Irwin, of the Town of
Peterborough, Province of Ontario aforesaid, Lumberman ; Angus McLeod.of the
lown of Bracebridge, in the District of Muskoka, and Province of Ontario afore-
said. Lumberman ; Thomas Henry Sheppard, of the Town of Oriilia, in the
^ounty ot himcoe atoresaid. Lumberman ; George McCormiek, of the Tciwn of
Orilha aforesaid, Lumberman ; James Playfair, of the Town of Midland, in the
County ot bimcoe aforesaid. Lumberman ; Charles McCool, of the City of Ottawa,
in the County ot Carleton, Province of Ontario aforesaid. Lumberman, and Wil-
liam D. Lummis ot Spragge, in the District of Algoma, Lumberman, who intend
to torm a Joint Stock Company under " The Ontario Companies Act " to be called

-.r^V P^" l^»^:«'' P"1P f^nd Paper Company, Limited, and hereinafter called
1 he Company, of the second part.

• ^^^f'^'^tif ^^^^ Company is the owner of lot number eight in the sixth conces-
sion ot the Township of Merritt, in the District of Algoma, excepting thereout
that portion of the said lot which is described by metes an-' bounds in the certi-
facate oi ovvnership granted by the Deputy Local Master Titles at Sault Ste.
Marie, in the Province of Ontario, being parcel number L5<S1 mi the Register for
the District qf Algoma, and which certiticate is dated the seventeenth day of
February, one thousand eight hundred and ninety-nine.

Aud whereas the Spanish River, in the said District of Algoma Hows through
the said lot and at a certain point therein has formed a very valuable wa^er
power which the Company intends to utilize for the purposes hereinafter set

And whereas the Company proposes to construct and operate upon the said
lot and ill connection with the said water power extensive pulp and paper mills
and to expend a large amount of capital in connection therewith and with the
operation tliereot and from time to time to extend the same.

And whereas the Company is desirous of obtaining from the Government of
the 1 rovince of Ontario the right to cut from and upon certain Crown Lands of
the I rovince such pulp and other wood as is necessary for its uses in the carry-
ing on ot the said enterprises and in manufacturing pulp and paper and any
«ther commodity xvhich can be manufactured from such" woods at their saTJ" mills i
and at any other mill or mills which the Company may find it necessary to con-
struct, buy, Iea,se or operate in connection with its business. '

And whereas thi,s agreement is entered into for the purpose of ensuring the
performance by the Company of its obligations as hereinafter defined and of

ACUEEMBJNT.

[ No. 6a

sociiriiig to tho Company a continuouH supply of wood for tho purpose of its
busiiuHH upon the terms and Hultject to tho conditions and stipulations hereinafter
t'ontaiiied.

And whereas in order to carry the said unflei'takin<f into eH'ect the parties
ahovo named, licanff the parties hereto of the second part, propose to form a Joint
Stock Company under the provisions of "The Ontario Cotiipanies' Act" for the
purpose of accjuiring the said land and of taking over and acquiring this agree-
ment and all the benefits and advantages appertaining thereto, and of assuming
the obligations hereby incurred by the said parties, and of carrying on and oper-
ating the said undertaking, and which Company they propose shall be called
The Spanish River Pulp and Paper Company, Limited.

Now, therefore, this indenture witnesseth and it is agreed by and betweea
the Company and the Government as follows, that is t(j say : —

1. The parties hereto of the second part shall forthwith proceed to form a
Joint Stock Company under the provi.sions of " Tlie Ontario Companies' Act,"
with a capital stock sufficient to carry out the obligations entered into herein,
and of which Company the said parties shall all be members.

2. Immediately after the incorporation and organization of the said Joint
Stock Company the .said parties hereto of the second part shall convey to it the
said land above described, together with this agreement and all benefit and ad-
vantage to be derived therefrom.

3. The Joint Stock Company so to be incorporated shall assume all the liabili-
ties and engagements which are assumed and entered into herein by the parties-
hereto of the second part, and their personal liability to the Government, except
the agreement to expend tHe first one hundred thousand (SIOO.OOO) dollars as
hereinafter set forth, shall cease and determine when such liabilities and engage-
ments have been assumed by such Joint Stock Company.

4. The Company shall with all convenient despatch proceed to the construc-
tion of a pulp mill and a paper mill on the said land in connection with the said
water power, and will thoroughly equip the same so that the expenditure of the
Company in the construction and equipment of the said pulp mill and paper mill,
and of such other buildings and constructions as are necessary to the undertak-
ing will be at least the sum of five hundred thousand dollars, and will operate
the same so that the annual output of the said mills in pulp and paper will
amount to at least twenty thousand tons, and so that at least two hundred and
fifty hands on an average will be continuou.sly employed in connection therewith.

5. Of the said sum of five hundred thousand dollars not Ie.ss than one hun-
dred thousand dollars shall be expended within eighteen months from the date
hereof, and not less than than two hundred and fifty thousand dollars within two
years from the date hereof, and the balance within three years from the date
hereof.

6. In consideration of the .said expenditure and of the contracts and engage-
ments entered into on the part of the Compfinj-, the Government will grant to
the Company for use in their said busine.ss the right for a period of twenty-one
years from the date hereof to cut and remove spruce poplar or whitewood and
banksian or jack pine six inches and upwards in diameter to enable the Company
to work the said pulp and paper mills and any extensions thereof to their full
capacity from the time wlien the Company commences cutting under this con-
tract from those portions of the lands of the Crown on which the said woods or

1«00J

AOREKMENT.

any of thoiii may bo fcninrl atid wliicli may bo at any time unoccupiol, unKwatod
or unsold, aloiij; tht Spanish V^irmillion and Onapiiij,' Rivers, in the District of
Al^onia, and alon^ the o\ton.sions and tributaries of tho said rivors other than
tho Saublo branch of the Spanish River, for a distance extending' back five miles
fromtlio shores thereof respectively, for the rates and prices hereinafter set fortli
and provided and subje'^t to such reasonable terms, conditions and roj,'ulation8
as to tho cuttiuff, removin;;; and drivinj^ of the same as may from time to tiuio be
imposed by the Lieutonant-(jovernor-in-Council, and subject also as is herein-
after set forth and contained.

7. The Company may select and delimit oi- set out fifty sfjuaro miles of un-
occupied and unlicensed public land from the said territory upon which is to bo
found the woods aforesaid, but in sucli a way that merely patches of land cov-
ered specially by spruce shall not be particularly selected.

8. The Government will from time to time as occasion may ro(iuire grant per-
mits to the company to cut elsewhere within the said territory than on the said
fifty miles at places to bo agreed upon between the company and the government
or the agent appointed by tho government for that purpose so many cords of the
said woods as maj' be necessaiy to keep tho mills running less the amount which
may be taken from the said fifty miles which latter shall not be loss in any one
year than the ono-twenty-first part of tho entire quantity required for tho year
for tho use of the said mills und the rates and prices payable in respect of the
cutting upon the territory outside the said fifty miles shall be tho same as the
rates and prices in respect of the cutting on sucn reservation.

9. The company shall pay twenty cents per cord of one hundred and twenty-
eight cubic feet for spruce and teii cents per cord of one hundred and twenty-eight
cubic feet for the other woods above mentioned or such other prices as may from
time to time be fi.\ed by tho Lieutenant-Gnvernor-in- Council for such wood, but in
no case shall the price so to bo fi.xed be at higher figures than tho price at which
the general public shall be permitted to cut on other portions of the crown domain
or than others similarly situated shall bo permitted to cut.

10. The crown may revoke the right license or permit to cut whenever the
company shall fail to comp'^' with theto'ms of this a;»reement.

11. It is distinctly un ierstood and agreed that only the right to cut wood as
aforesaid is sold to the company and not the soil or any part thereof nor is any
interest in the soil so sold except in so far as may be neces.sary to cut and remove
the woods and aforesaid and tho wood when so cut shall (subject to the payment
of the price thereof) become the absolute property of the company.

12. This concession is not to impede or retard settlement by actual bona fide
settlers who shall have obtained tho right from the Crown Lands Department to
settle thereon in the usual manner.

13. Nothing herein contained or to be done hereunder or by virtue hereof
shall entitle the company to a monoply in the use of the said river or its tribu-
taries but the same shall be and continue open for the use of the public in accor-
dance with the law in that behalf. But in view of the character of the industry
to be established the investment of so large an amount of capital and the probable
enlargement of the industry in the near future it is understood that the govern-
ment will not grant, sell to or confer upon any other person or persons corporation
or corporations the right to cut pulpwood within the territory hereinbefore refer-

AOUEEMENT.

[ No. 60

rc.l to l,,p tilt, purpose ,.t export buloro l.cin« maniifactured into pulpor tho ri.rht
to cut ,)ulpwoo.l witl.in or upon tli." sai.l territory tho trruntin-' of which ri.rhts
woul. intho opinion ot th.. C'on.inissioner of Crown Lands for the time l.einu
have the effect ok so far IcsHcninfr or .lin.ini.shin^' the supply of pulpwoo.1 in the
NMi.J territory flurin- the period covered Uy this aj^reeuient and which under this
a-reeniMit vvdl he availal.le for the n.akinjr „f pulp l.v th.- company as to pre-
judicially interfiTo with the company durin<r that period in ohtainin-Mill the pulp-
wood necessary tor supplying the said mills and any extensions thereof that may
l.e under conitruction and bona tide in process of completion hutnothin.' in this
para.^M-aph nor in this aoreenient shall prev.-nt the sale or location to actual sett-
lers ot any part ol tho said lands in tho usual manner.

1 i/^-M*' '"1 '!!''t""^tly understood and a^jre.vl that nothing herein contained
s^inll without the consent in writinjr of tho Commissioner of Crown J.amls for
Ontario l,(, doomed to confer any n^ht to cut or ivim.,vo any timber from any
territory or an,.as already under license or p.-rmit from tlio (Jrown or which may
hert^xtter b.. p acod un.l..r license or permit for tho cutting of pine timber durin-'
tho tune such licenses are in force or until after the pine timber is cut tl.erofroi.r
nor Hhall any euttinn; take plac(! under this agreement in or in the immediate'
proximity ot tc-ntory covered with green, merchantable pine available for lum-
bering piiipt,,.;.s or which may be considered by the government to be pine bear-
ing land.s. '

If, however, the wood in other parts of th.. available territory has been
exhausted or is instifticieiit for the requirements of tho Company's mills the
Coiijpany may cut in the vicinity of such pine beating lands upon such terms and
condi ions as m;iy from time to time b... agreed upon between the government
and the company, (.r if they cannot come to an agreement then upon such terms
conditions and regulations as may from time to time be mad.; or imposed l)y the
J.ieutoiiant-(,ovornor-in-Council or by tlio Commissioner of Crown Lands for the
purpose of aftording ample protection to the standing pine. Nothintr in this par-
agraph contained .shall bo taken to confer upon the company the ri-ht to cut and
remove timber which is covered l)y licon.so from the Crown during the time the
license is in force except with the consent of the licensee.

15. Provided however, and it is understood and agreed that the company
sha 1 not be ontit ed to cut wood of any kind on the .said territory or on any
part thereof tor tho purposes of export in tho wood nor for sale to other pensous
tor .ixport 111 the wood but that there sliall be no limitation other than as to the
export and size of wood of the right of the company to cut or remove pulp wood
tn^in the hfty square miles hereinbefore referred to after the same shall have
boon delimited and set apart.

IG. It is hereby further agreed that nothing in this agreement contained
shall prevent the government from selling the right to any person or persons to
cut t>ie pine trees on any part of the torrit.ny hereinbefore mentioned which has
not already been placed under license and to grant timber licenses in respect
thereof under the statutes anrl regulations in that behalf, and in no case shall the
company be entitled to cut the pine trees other than banksian pine unless under
special permit or license from the govei-nmcnt or the Commissioner of Crown
Lands.

And further that ao part of the said Hfty square miles shall be composed of
pino-bearmg laiitls unless wliere expressly permitted by the Commi,ssioner of
v.rown Lands. But in the case of a sale of the right to cut pine trees as in this
clause hereinbefore mentioned the sale of the right to cut shall be confined to the

•

]!)0i

A(JREKMENT.

•)

piiio trecB only and to .such other timbor as iiwiy he necessary to cut and romov»»
the Hiiiiie.

17. Nothinjj herein contaiiicil shall require the j^overnment to provide any
particular (luaiitity of wood, as the frovernineiit in no case guarantees (|uaritities
nor does anytlnn^r more than f,'rant the right to cut such wood as aforesaiil with-
in the atoresaid limits and nothing herein contained sliall reipiire the comnany to
purchase any particular (juuntity of wood or to pay i'or any wood not actually
cut, upon the said territory but it is clearly understood and agreed that ho lonir
as the supply of wood upon the said territory is suthcient to sui)ply the mills ni

th(i company
therefrom.

herein referred to the company will take its supply of wood

_ 18. It IS also hereby (ieclared that the intention of these presents is that tlio
Slid company shall at all times during the terir of iwenty-one years from the
date hereof obtain a sitlicient supply of pulp wood for the operations of their
pulp and paper mills so far as the same can be found available within tlu? liudtH
he'rembefore desciibed and so far as the same can be obtained consistently with
the terms of this agreement.

19. If the company shall not within three years from the dute hereof expend
at least the sum of live Jmndred thousand dollars in erecting the said pnlp mill and
paper mill and other necessary buildings and constructions as aforesaid and in the
construction and e(piipment thereof and in preparing i'or the operation of (he same
and bir gettmg out the wood for the supply of tiiesai-l mills tins agreement shall
bucoiiK! null and void and of no effect in so far as the whole territory is concerned.

20. Sottlemont .shall be made with the (iovernment at th(' cIo.se of each
season of navigation for the price oi the wood cut up to that time, and a correct
account of all wood cut by the company shall be kept in the books of the com-
pany in .such a manner as the regulations madv or (u be made shall provide ;uid
to which the otHcers of the crown shall at all times be entitled to access, ami re-
ttirns shall from time to time be made under (jath by (he company to the crown
of the quantities cut, or as regulations aforesaid may re(|uire.

21. Subject to the provisions of paragraph 19, it is agree.l that in tlie cnent
of the failure on the part of the company to erect the said pulp mill and paper
mill aii(_l pliint, and to expend the moneys thereon hereinafter stated, or in do-
tault of the .said company keeping the .same running after the erection thereof
and keeping the required number of men employed ,is aforesaid, the Government
may refuse to permit the continuance of the cutting of the said wood.

22. The company covenants with Her Majesty that it shall .•uid will not at
any time or in any place deposit, empty, run or turn into, or permit to be placed
deposited, cmpt!e<l, run or turned into any river, stream, or other waters what-'
soever, refuse, sawdust, chemicals, or matter of other kind which will have the
efiect of destroying, harming or driving away the Hsb in such river, stream

water.

23. Whenever the expression of " the company ' .shall occur in this a-'ree-
nieiit it shall be understood to include the heirs, exer-utors, nduiinistrators^and
assiirns of the parties hereto of the second part, au<l the successors and assio'ns of
the joint stock company so to be formed. "

24. This agreement is provisional only until approved by resolution of the

AGREEMENT.

[ Nn, r.o

Legislativo AHsembly of the Province of Ontario. In witness whereof the Coin-
niissionerof Crown Lands has hereunto set his hand and seal, and the individuals
described hiu'ein as tiie company have liereunto set their hands and seals the day
and ybar aforesaid.

Signed, .sealed and delivered in the pres-
ence of

(Sj,'d) Jack Tavloh.

},.

(Sgd) Makshaij. J. Dodge.

As to execution, by Marshall Jewel ")
Dodjre. I

(So-d) George C. Lovevs. j (Sgd) A. R. Cukei.man.

As to execution, by Adam Rutherford )
Croclman. ;.

(Sgd) C. S. MacInnes. j (Sgd) J. J. McNeil.

As to execution by J, J. McNeil. )

(Sgd) A. AxDER.sox. j (Sgd) W. J. Shepi'Aud.

As to execution by William Joseph )

Sheppard.

i (Sgd) WiLLiA.Ai Irwin.

As to execution by William Irwin. )

(Sgd) T. R CowLEV. I (Sgd) Angus McLeojj.

As to execution by Angus McLeoil. 1

(Sgd) T. B. Cowm:y. f (Sgd) T. H. Shepp.

Heiu'v ")

.air l(Sgd) C

As to execution by Thomas Heiu-y
Sheppard.

(Sgil) J. W. Bi.AiR J (Sgd)

eorge McCormick.

As to execution by (Icoi-ge iMcCormick. ")
(Sgd) T. B. Cowley. '-

^Sgd) John W. Benson, j (Sgd) James Playfair.

AjS to execution by James Playfair. )

(Sgd) Otto T. Telgmann. j (Sgd) C. McCool.

As to execution by Charles McCool. "J
(Sgd) ' H. E. Cladstonk. -

As t(j execution by William Lr-nniis. j (Sgd) William D. Lu.mmis,

[.seal]

[seal]
[seal]
[seal]
[seal]
[seal]

[seal]

[seal]
[seal]

[seal;.

Nn. r.o

[seal]

[seal]
[seal]
[seal]
[seal]
[seal]