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Enacting clause.

Confirmation of

an agreement between the

the Newfound

Syndicate.

Be it therefore enacted by the Governor, the Legislative Council and the House of Assembly, in Legislative Session convened, as follows:

1. The Agreement made between Sir RALPH CHAMPNEYS WILLIAMS, K.C.M.G., Governor of the Island of NewfoundGovernment and land, in the said Agreement, and hereinafter called the Govland Exploration ernment, and the Newfoundland Exploration Syndicate, in said Agreement, and hereinafter called the Company, dated the 24th day of December, 1909, and forming the Schedule hereto, is hereby approved and confirmed and all and singular the several clauses, provisions and conditions thereof are hereby declared valid and binding upon the said 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 the parties and either of them shall have full power and authority to do and perform all and singular the several acts, deeds, 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 by said Agreement.

Power to Gov

to make land

2. Notwithstanding anything contained in the Acts reernor in Council lating to Crown lands, it shall be lawful for the Governor in Council to license and grant to the Company all areas of lands in the manner and subject to the terms and conditions contained in said Agreement.

grants.

Materials and

free of duty.

3. All materials and machinery required by the Company machinery to be for the construction of any of the works comprised in the said Agreement shall be admitted into the Colony free of duty.

SCHEDULE.

THIS AGREEMENT made and entered into at St. John's, this Schedule. Agreement. 24th day of December, Auno Domini one thousand nine hundred and nine, between His Excellency Sir RALPH WILLIAMS, K.C.M.G., Governor of the Island of Newfoundland RALPH WILLIAMS, and its Dependencies, in Council, hereinafter called "the Government," of the one part, and the Newfoundland Exploration Syndicate, Limited, a company formed under Act of His Majesty's Imperial Parliament, called the Companies (Consolidation) Act, 1908, hereinafter called "the Company," of the other part,

Governor. D. MORISON, A. G.

Whereas no coal is at the present time being worked in the Island of Newfoundland (hereinafter called "the said. Island") and all coal required has to be imported at great expense to the inhabitants of the said Island; and whereas it is believed that there exist in the said Island deposits of coal capable of being worked to commercial advantage; and whereas the Government is desirous of developing the natural resources of the said Island towards which it is believed that the development of the said coal deposits would be of material assistance.

Now it is hereby agreed as follows:

1. The Company shall, not later than the first day of July, one thousand nine hundred and ten, bring to the said Island the machinery necessary for the purpose of boring and drilling for coal, and commence active operations, and shall during the said year, one thousand nine hundred and ten, spend in such work not less than fifteen thousand dollars.

2. There shall be placed at the disposal of the Company during the said year one thousand nine hundred and ten, all the areas in the said Island which may be supposed to con

Schedule.
Agreement.

tain coal, which are at present owned or reserved by the Government of Newfoundland, with the exception of the area adjoining the locations leased to Hon. Philip Cleary, situated inland from Barachois Brook, in the District of St. George, reserved by order of the Governor in Council, notice of which was published in the Royal Gazette on the twentyeighth day of August, one thousand nine hundred and six.

3. Should the efforts of the Company not have resulted in the discovery of coal of workable and commercial quantity and quality before the end of the said year one thousand nine hundred and ten, or should the Company desire to continue boring and drilling for coal (the Company having expended, as agreed, fifteen thousand dollars in such work), the Company shall be entitled to continue its operations during a further period of twelve calendar months, on the same terms, provided that the Company continues active operations during such period and expends the sum of ten thousand dollars during the second year. At the expiration of the second period of twelve months the rights of the Company over the whole coal areas of the Crown, will, if desired by the Company, be renewed on the same terms for such reasonable period as may be mutually agreed over individual areas of or equivalent to seven miles square (according to plans to be drawn and deposited by the Company with the Government) on which the Company shall be actively operating.

4. Should the Company discover coal of workable and commercial quantity and quality at any given spot, there shall be given to the Company a grant for such coal lands, in fee simple, in respect of each such discovery, in all not more than four; each such grant to extend seven miles square or an equivalent area, in accordance with plans to be drawn and deposited by the Company with the Government; provided that no two areas shall be nearer to each other than seven miles.

5. There shall also be made to the Company a grant in fee simple and free of all cost to the Company of all Crown

Agreement.

surface land necessary for railways, tramways and shipping Schedule. ports, with sites for stations, buildings, yards, sidings, power houses, factories, warehouses, and all usual or reasonable adjuncts and conveniences, together with alterntae blocks of land on each side of such railways and tramways, if such blocks are in the gift of the Crown. Such blocks to be five square miles in area and to have a frontage of not more than one mile on such railway or tramway. The lands not to be taxed until they are improved.

6. All machinery and materials required for any works to be executed under the authority of these presents shall be allowed to come in free of duty during the period of ten years from the date hereof.

7. Should the Company discover coal of workable and commercial quantity and quality, and satisfy the Government that it is in a position to supply the local market and to continue such supply, the Government will procure the imposition of a duty of not less than one dollar per ton on all coal imported into the Colony, provided that the Company agrees to supply wholesale dealers at prices to be computed as follows:

To the average wholesale market price from time to time of Sydney coal in Sydney, Cape Breton, there shall be added:

1. The sum of thirty cents per ton; and

2. A sum to be computed as follows:

(a) For every mile of distance between the mine and
the place of delivery not exceeding fifty miles,
one and one-half cents per ton.

(b) Where the distance exceeds fifty miles, and does
not exceed one hundred miles, one cent per mile
per ton, but not in any case to exceed seventy-
five cents per ton.

Schedule.

Agreement.

(c) Where the distance exceeds one hundred miles, but does not exceed two hundred miles, seventenths of one cent per mile per ton, but not in any case to be less than one dollar per ton.

(d) Where the distance exceeds two hundred miles, one-half cent per mile, per ton, but not in any case to be less than one dollar and forty cents per ton.

The term "wholesale dealer" shall be held to mean and include every person who shall purchase or acquire one hundred tons of coal or upwards in one lot.

8. No royalties, rents or taxes of any kind shall be imposed on the undertaking for the ten years first following. the output of coal in commercial quantities, and then only a tax or royalty of ten cents per ton of coal sold.

9. Should any of the coal properties to be granted under this Agreement cease to be operated, the area or areas so ceasing to be operated shall then revert to the Crown, and the Company shall have the right to remove all its moveable property.

10. During the continuance of this Agreement the Government retains the right to bore for coal itself in any part of the Island. Any coal discovered by the Government shall .not be included in any area to be granted to the Company.

11. In making up the amount of fifteen thousand dollars and ten thousand dollars to be expended under this Agreement, nothing shall be charged except (1), the actual expenditure in the Colony on wages; (2), the actual expenditure on fuel; (3), the actual expenditure on machinery brought in or purchased; and (4), the actual expenditure on wages of all experts, engineers, workmen and others actually at

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