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 addition
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.