Page:Oregon Historical Quarterly volume 17.djvu/61



A HUDSON'S BAY COMPANY CONTRACT 53

obtained by Barter with the Indians or otherwise which shall come to the hands or possession of the said John Macphail shall be held by him for the said Company only, and shall be duly delivered up to the said Governors or other Officers at their Factory or Trading post without any waste, spoil, or in- jury thereto. And in case of any wilful neglect or default herein he shall make good to the said Company all such loss or damage as they shall sustain thereby to be deducted out of his wages. And that the said John Macphail will faith- fully obey all laws, orders, and regulations, established or made by the said Company for the good government of their Settlements and Territories And at all times during the resi- dence of the said - in

North America, he will defend the rights and privileges of the said Company and aid and support their Officers and Agents to the utmost of his power and the said John Macphail further engages and agrees that in case he shall omit to give notice to the Governor or Officers of the said Company in North America one year or upwards before the expiration of the said Term of One Years of his intention to quit their serv- ice and return to Europe, then that he hereby promises and engages to remain one year longer & also until the next Ship in the Service of the said Company shall sail from thence to Europe as their hired servant in North America upon the like

terms as are contained in this Contract And the said

also engages and agrees that

in case the said Company shall not have any ship which will sail from North America for Europe immediately after the expiration of the said term of One years or of such further term as hereinbefore mentioned then he hereby promises and engages to remain in the Service as a hired Servant of the said Company in North America until the next Ship of the said Company or some Ship provided by them shall sail from thence to Europe upon the like terms as are contained in this Con- tract provided always that the said John Macphail further agrees to keep watch & ward and perform such other work in the navigation of the Ship of the said Company in which he shall be embarked on the outward and homeward voyages as he shall be required to perform by the Commanding Officer of the said Vessel.

And the said William Eraser Tolmie on behalf of the said Company hereby engages that upon condition of the due and faithful service of the said John Macphail in like manner as aforesaid but not otherwise the said John Macphail shall re-