No. 1
Victoria V.I.
9 January 1864
My Lord Duke,
I have duly received Your Grace's despatch of the 23rd October last No 58 in reference to the "Cooks Ferry and Clinton Road Bond Act 1863," and in pursuance of Your Grace's instructions, I have the honor to forward herewithcopyManuscript image copy of the Indenture of the 17th April 1863 made between the Chief Commissioner of Lands and Works and William Hood, for the construction of a certain portion of the Cooks Ferry and Clinton Road.
2. With reference to your Grace's query as to why the price of constructing this road was raised from £8,500 (as stated in mydespatchManuscript image despatch No 30 of the 14th May) to £12,783 to be increased on certain contingencies to £13,917.15.0, I have the honor to state that I have carefully examined all the correspondence relative to this contract, and I find by Mr Hoods letter—a copy of which is herewith enclosed, that his offer was to construct the road for a sum of sixty two thousand dollars, ($62,000) the exact equivalent in sterlingmoneyManuscript image money (at the currect exchange of $4.85 to 1£ sterling) of £12,783. I must therefore conclude that the sum of £8,500 named in my despatch was inserted through mistake, as I cannot discover that any lower offer for the construction of the road, than that contained in Mr Hood's letter now forwarded, was ever made by him.
3. TheManuscript image 3. The contingent increase in the cost of constructing the road from £12,783 to £13,917.15, and in reference to which your Grace desires some explanation, was owing to an uncertainty which existed as to whether the Royal Engineers would be enabled to undertake a distance of 2 1/2 miles of this road in addition to what they were engaged in, and in the event of their being unable todoManuscript image do so, that distance was to be included in Mr Hood's contract. The sum however finally paid to Mr Hood on account of his contract was £12,783.
I have the honor to be My lord Duke
Your Graces most obedient humble servant
James Douglas

His Grace
The Duke of Newcastle K.G.
&c &c &c
Minutes by CO staff
Manuscript image
ABd 16-3
TFE 16/3
The error in 9890 is simply acknowledged & left unexplained.
Send to Treasy with refce to No 49 of 20 Aug—and recommend sanction of Procln.
Manuscript image There is the same ambiguity about distances as about prices. The Road is called 6336 the 21 mile section. But from Mr Hood's letter within it wd seem to be 31 miles.
FR 9/63 [19/3]
At once.
CF 19
Documents enclosed with the main document (transcribed)
Manuscript image


 
2
Copy of Indenture made by Hood for construction of the Cooks Ferry and Clinton Road, with his letter making original offer.

ARTICLES OF AGREEMENT made this Seventeenth day of April in the year of our Lord One thousand Eight hundred and sixty three Between Richard Clement Moody Colonel of Royal Engineers and Chief Commissioner of Lands and Works for British Columbia acting on behalf of the Government of British Columbia of the first part and William Hood of Cache Creek in British Columbia of the other part. The said party of the second part does hereby for his heirs executors and administrators covenent promise and agree with and to the said party of the first part his heirs and assigns that he the said party of the second part his heirs executors or administrators shall and will in consideration of the Agreement hereinafter contained make and complete a Waggon Road Eighteen feet wide from a point to be marked by the Lands and Works Department on the West side of a Large Ravine near what is known as Moberly's Camp on Thompson River (Seven and a half miles (7 1/2 miles) more or less from Cooks Ferry) to a point at Clinton also to be marked by the Lands and Works Department in all respects according to the terms and conditions of the Specification annexed. That the said Work shall be completed on or before the thirty first day of July next ensuing. The Government of British Columbia shall pay for said Work the sum of Sixty two thousand Dollars in British Columbian Bonds calculated in sterling at Four Dollars and Eighty five cents to the £1 sterling and bearing interest at the rate of Six Per cent per annum from date of Certificates of Acceptance of said work by said Chief Commissioner and redeemable in equal proportions on the 30th September 1864 the 30th September 1865 and the 30th September 1866. Such payment to be made by such proportional instalments of any such Bonds as to the said Chief Commissioner in his discretion shall seem fit and if the distance from Cooks Ferry to the above point of commencement shall prove to be a measured distance less than Ten Miles the said William Hood shall be paid in additionManuscript image to the above amount a proportionate sum calculated at the rate of Five thousand five hundred Dollars for Two and a half Miles for such difference but in no case more than the said additional sum of Five thousand five hundred Dollars (calculated in sterling money aforesaid) even though he have to construct a greater extra length than the Two and a half Miles aforesaid PROVIDED that the party of the first part or his Successor in Office may retain out of the said sum of Sixty two thousand Dollars or its Equivalent in Sterling with above addition (if any) One fifth of the total amount for a period of Six Months after the completion and acceptance of the Work by the Government during which period of Six months the said William Hood is to maintain in proper repair and finally deliver over said Work in complete Order according to Specification PROVIDED also that the said Chief Commissioner or his Agent may at pleasure call upon the said William Hood to finally deliver over the said Road in complete Order at any period within the Six Months alluded to PROVIDED ALSO that it shall be lawful for the party of the first part his Successor in Office or his or either of their Agents if in his or either of their Opinions satisfactory progress is not made in the said Work to enter upon and retain the work done and complete the whole of the said Work and from the date of such Entry to discontinue any further payments.
AS WITNESS the hands and Seals of the said parties on the day and year first above written.

Signed Sealed and Delivered by the said Richard Clement Moody In the presence of Thos Lomax

Signed Sealed and Delivered by the said William Hood in the presence of Charles Good


 
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William Hood to W.A.G. Young, Colonial Secretary
Victoria
11 April 1863
Sir,
I have the honor to acknowledge receipt of your communication No 30 dated 10th instant in answer to mine of same date.
In explanation of my offer to construct for $62,000 Sixty two thousand Dollars a portion of the Lytton Alexandria Road I beg to state that this portion comprises the whole distance from Cooks Ferry to the junction with the Lillooet Road at Clinton with the exception of the first Ten Miles above Cooks Ferry.
Perceiving that the intention of the Government is to complete by the Royal Engineers an extent of only Seven and a half Miles and not Ten I now beg to state that I am willing to make the additional Two and a half Miles at the same average rate per mile as the distance intended to be covered by the $62,000 say for $5,500 for the extra distance.
I beg leave also to state that myManuscript image calculations were made on the supposition that the Road Bonds would be received in One, Two and Three years from the date of the Execution of the Work and as my intention is to have it completed within Three months I beg leave respectfully to propose that the Bonds be made payable say On the 30th of June instead of the 31st December in each of the years 1864, 1865 and 1866 which will effect a considerable saving of time interest.
If the above proposal be accepted I shall at once set about arranging the necessary details preparatory to commencing arranging the Work.
I have the Honor &c
William Hood
Other documents included in the file
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Elliot to G.A. Hamilton, Treasury, 28 March 1864, forwarding copy of the despatch for consideration, and recommending that the act be sanctioned.
Douglas, James to Pelham-Clinton, Henry Pelham Fiennes 9 January 1864, CO 60:18, no. 2553, 2. The Colonial Despatches of Vancouver Island and British Columbia 1846-1871, Edition 2.2, ed. James Hendrickson and the Colonial Despatches project. Victoria, B.C.: University of Victoria. https://bcgenesis.uvic.ca/B64001.html.

Last modified: 2020-12-02 13:40:34 -0800 (Wed, 02 Dec 2020) (SVN revision: 5008)