the buildings used in connection with the said institutions, and for the supplying of food, clothing and other materials, in the same way and to the same extent as it is so responsible in respect of the General Hospital. An Act to amend the Act to confirm a CAP. VII. Act 11 Geo. V. Cap. 6 entitled "An The St. Lawrence Timber Pulp & Steamship Company, Passed April 5th, 1922. BE SECTION 1-Extension of time. E it enacted by the Governor, the Legislative Council Enacting clause. and the House of Assembly, in Legislative Session con vened, as follows: 1. Notwithstanding anything in the Act 11 Geo. V. Cap. Extension of time. 6 entitled "An Act to confirm a contract between the Government and the St. Lawrence Timber Pulp & Steamship Company Limited," or the Schedule thereof contained to the contrary, in computing the time for the commencement and completion of the works and expenditures, as provided in Sections 1 and 2 of the Schedule of the said Act, and the time during which the securities of the said Company shall be exempt from taxation, as provided in Section 7 of the said Schedule, the period between the 19th day of April, 1920, and the 19th day of April, 1923, shall not be counted or taken into consideration. CAP. VIII. An Act for the Confirmation of an Agreement between the Passed June 6th, 1922. Enacting clause. Confirmation of Short title. SECTION 1-Confirmation of Agreement. 2-Short title. Schedule. BE it enacted by the Governor, the Legislative Council and House of Assembly in Legislative Session convened, as follows: 1. The Agreement made between His Excellency Sir Charles Alexander Harris, K.C.M.G., C.B., C.V.O., Governor of Newfoundland and its Dependencies, in Council, of the one part, and the Commercial Cable Company of New York in the state of New York and United States of America, of the other part, dated the 1st day of May, A. D., 1922, and forming the Schedule to this Act, is hereby approved, ratified and confirmed,and all and singular the several clauses, provisions, and conditions thereof, are hereby declared to be valid and binding upon the parties thereto, and each of them respectively, and all and singular the several acts, matters and things therein provided to be done or performed by or on the part of the parties respectively are hereby declared to be proper and lawful, and in so far as not by this Act expressly provided for the parties and each of them shall have full power and authority to do and perform all and singular the several acts, matters and things, in and by the said Agreement provided to be done or not to be done, as the case may be, in the manner and under the conditions stipulated and provided in said Agreement. 2. This Act may be cited as the Commercial Cable Company Contract Act, 1922. SCHEDULE. THIS INDENTURE made in duplicate Schedule. this 1st day of May in the year of Our W. R. Warren, Lord One thousand Nine hundred and C. Alexander Harris. Twenty-two by and between His Excellency Sir Charles Alexander Harris, K.C.M.G., C.B., C.V.O., Governor of the Colony of Newfoundland and its Dependencies in Council (hereinafter referred to as "The Government") of the first part AND The Commercial Cable Company of New York in the State of New York and United States of America, a body corporate incorporated and existing under the laws of the State of New York and of the Dominion of Canada (hereinafter referred to as "the Company" of the second part WITNESSETH: WHEREAS the Government is the owner of a certain submarine cable line lying between Port aux Basques, Newfoundland, and Canso, Nova Scotia, which it desires to sell, transfer and convey to the Company at the price hereinafter named and which the Company is willing to purchase from the Government at such price; and WHEREAS the Government desires also that upon acquiring title to said cable line the Company shall, for the term hereinafter mentioned, operate said cable upon the terms hereinafter set forth, which it is believed will be to the mutual interest and advantage of the parties hereto, and in order the more effectually to realize and secure, in the fullest measure, such desired benefits the Government is willing to grant to the Company certain rights and privileges hereinafter specified, which shall not be construed as in any sense giving to the Company any monopoly of cable landings or traffic privileges except as shall be specified herein, the Government retaining the right to grant to other cable companies Schedule (continued). or wireless telegraph or companies operating by any other means of telegraphy, privileges for establishing telegraphic communication excepting only those as shall be so specified herein and reserved to the Company; and the Company is willing to accept such rights and privileges and in connection therewith to operate said cable upon such terms; NOW THEREFORE in consideration of the premises and of the sum of One Dollar each to the other in hand paid, the receipt whereof is hereby severally acknowledged, the Government hereby agrees to sell, transfer, convey and deliver to the Company, by appropriate, sufficient instrument or instruments in writing duly executed, acknowledged and delivered, conveying to the Company, its successors and assigns, an indefeasible title, free and clear of any and all liens, encumbrances, claims and demands of whatsoever kind, nature or description, either at law or in equity, if and when this agreement in its entirety shall be formally approved and ratified by the Legislature of the Island of Newfoundland, for the price of Sixty Thousand Dollars ($60,000.00), The existing submarine cable line of the Government extending from Port aux Basques, Newfoundland, to Canso, Nova Scotia, together with any spare parts. and the Company hereby agrees upon such approval and ratification of this agreement to purchase and take such title to said cable and spare parts as from July 1st, A. D. One thousand nine hundred and twenty-two and to pay therefor at St. John's said sum of Sixty thousand Dollars ($60,000.00) within fifteen days after such approval and ratification and upon receiving such instrument of conveyance. AND in consideration of the premises and of the mutual covenants, promises and agreements hereinafter specified and of the other considerations hereinafter contained, it is FURTHER MUTUALLY AGREED AND UNDER STOOD by and between the parties hereto as follows: 1. That the Port aux Basques-Canso cable, the title to (continued). to the Company, is now in an imperfect condition and in- Schedule- expense, 2. That the Government hereby gives to the Company, without charge, the exclusive use of a wire on the Government land line between St. John's and Port aux Basques, and the said land line shall be maintained in good working condition at the cost of the Government; but the terminals of the said wire at St. John's and Port aux Basques shall be operated at the sole expense of the Company. 3. The Company agrees to establish a properly equipped office in a suitable location in St. John's to enable it to compete for traffic under the best conditions, this office to be connected by wire with the Company's present cable station. 4. In consideration of the obligations and agreements contained in paragraphs two and three hereof and on the part of the Company undertaken the Government agrees to pay to the Company annually on the thirtieth day of June in each year the sum of four thousand dollars, the first of such payments to be made on the thirtieth day of June, A. D. One thousand nine hundred and twenty-three. 5. The Government will hand over to the Company at Port aux Basques or at St. John's all traffic destined to points outside of Newfoundland coming within the Government's control, or to its lines at present existing or which may hereinafter be constructed or acquired, unless directed by the sender via some other 1oute, and will charge at the ordinary rate for the transmission over the Government line of any words indicating the route. |