[Articles of Agreement, Maillefert & Raasloff and Crown, 18 Oct 1853]

I
Articles of agreement entered into on the eighteenth day of October, in the year of our Lord one thousand eight hundred and fifty-three, in duplicate, between Maillefert & Rassloff, Sub-marine Engineers, both of New York, of the first part, and her Majesty Queen Victoria, represented herein by the Commissioners of Public Works of the Province of Canada, of the second part, for an examination and survey of certain parts of the River St. Lawrence, and the firing of fifty heavy sub-marine charges in the Rapids, &c., thereof.

It has been agreed by and between the said parties as follows

1st. That the said parties of the first part shall and will examine and partly survey the River St. Lawrence from Prescott to the head of the Lachine Canal, with the view of ascertaining (1st) the character and the extent of the obstructions which would have to be removed in order to procure a navigable Channel throughout the whole of the Rapids of the St. Lawrence, from Prescott to the head of the Lachine Canal, such Channel not to be less than 200 feet in width, to have no place at low summer water a less clear depth than 12 feet, and in those Rapids subject to much swell, not less than 13 feet; (2nd) the cost at which such improvement could be carried out.

2ndly. That the said parties of the first part shall fire fifty sub-marine charges, of one hundred and twenty-five pounds of powder each, in some part of the Rapids, for the purpose of ascertaining whether the party of the first new method of blasting rocks under water can advantageously be made use of for the contemplated improvement.

3rdly. That the said parties of the first part shall procure or purchase all the necessary boats, materials, powder, &c., for the operations, pay all expenses of said examination, &c., as wages to men, repair of boats, &c.

4thly. That the said party of the first part shall carry out and accomplish these operations within one year from this day, and when they shall have been accomplished, make a full Report to the Department of Public Works, accompanied with proper Charts shewing the result of the survey, &c.

5'thly. That the parties of the first part also shall return in perfect good order to the Department of Public Works, such material, as scows, anchors, boats, instruments for surveying, &c., which may have been lent to them for use in these operations (as hereinafter,) with the exception of such, however, as may have been lost during the operations by accident beyond their control.

And it is further agreed between the said parties that the party of the second part will let the party of the first part have the use of the scows, anchors, boats, instruments for surveying, &c., which belong to them, and which might be of use in the above mentioned examination, survey, &c., which the party of the first part have agreed to carry out (as above.)

That upon delivery of the Report about the examination, &c., and the return of the material, &c., lent to them (as above,) to refund to the party of the first part the expenses which they may have incurred in carrying out these operations (as above,) however not beyond the sum of two thousand pounds, the payments hereof to be made in instalments during the operations, such as they may find that the expenses incurred by the party of the first part, and the progress of the operations will justify, or after the operations shall have been accomplished, and the payment only to be made upon the presentation of proper vouchers, with the only exception of two hundred and fifty pounds, which amount, being destined to cover the travelling and personal expenses of the parties of the first part, a receipt signed by them shall be taken as good therefor.

And it is also further agreed, (in case the above mentioned examination, &c., and the proposals for opening and permanently defining a navigable Channel as above specified, which the party of the first part may be called upon to present to the Department of Public Works, should not lead to any contract or agreement for said improvements between the parties of the said first and second parts,) the party of the second part will pay or cause to be paid unto the party of the first part, as a compensation for their labors and risks in making the said examination, &c., (as above,) between seven hundred and fifty pounds and one thousand two hundred and fifty pounds, the exact amount of this compensation to be fixed by the Department of Public Works upon consideration of all contending circumstances.

In witness whereof the parties of the first and second parts, as aforesaid, have hereunto signed their names and set their seals, and the Secretary for the said Public Works hath also signed these presents.

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