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 i-3 ■.;■ 
 
 r) 
 
 ACT* 
 
 INCORPORATING 
 
 THE EUROPEAN AND NORTE AMERICAN 
 
 RAILWAY COMPAM, 
 
 AND 
 
 FACILITATING 
 
 THE CONSTRUCTION OF THE ROAD. 
 
 PASSED 15th AND 28th MARCH, 
 
 1851. 
 
 PRINTED AT THE GAZETTE OFFICE, FREDERICTON- 
 
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 *i: 
 
 J( f 
 
 /.' ■ f 
 
 HI 
 
 u 
 
 the State 
 
 lid Nova S 
 
 Joast of N 
 
 forth Arae 
 
 srrupted r 
 
 imerica, fi 
 
 pmigration, 
 
 World: Ai 
 
 Legislature 
 
 lie construe 
 
 Corporat 
 Ivisable, fo 
 forking of 
 le concurro 
 fce respecti 
 greenient, 
 rstem of i 
 He: And \ 
 3ility and 
 
 desirous ; 
 
 Iroughout 1 
 
 Iration, w 
 
 |eam Vess 
 
 ulf of Sal 
 
 ay deem d 
 
 Be it the 
 |incil and ^ 
 liorable CI 
 
 Honorabl 
 
 lliam Fitz 
 
 ^ial Secret 
 
 Roberti 
 
 Sander R 
 
 ae, M.P.I 
 
 ...iSgC, 
 
\' 
 
 ■ .V; ,,, AN ACT .. ' - ., 
 
 :■ •■ TO INCORPORATE 
 
 THE EUROPEAN AND NORTH AMERICAN 
 
 RAILWAY COMPANY. 
 
 WHEREAS it is contemplated, under concurrent Charters, preamble. 
 ' to construct a continuous Line of Railway from Bangor, 
 
 the State of Maine, through the Provinces of New Brunswick 
 [iid Nova Scotia, to FTalifax, or some other Port on the Eastern 
 ^oast of Nova Scotia, under the name of " The European and 
 Korth American Railway Company," thereby affording an unin- 
 ?rrupted route of land communication to all parts of North 
 imerica, ."fom some Atlantic Port in the most ,direct line of 
 Jmigration, TrafTic, and Travel, between the Old and the New 
 Vorld : And whereas in furtherance of this great object, the 
 legislature of the State of Maine has passed an Act to authorize 
 le construction of such Railway through their own territory, by 
 
 Corporation under the aforesaid name : And whereas it is 
 Ivisable, for the more efficient and economical construction and 
 brking of the said Railway, that provision should be made ia 
 le concurrent Charters of the said Provinces and State, to enable 
 ke respective Corporations or Companies, by deed, contract or 
 jreement, if they deem it expedient, to establish a uniform 
 jstem of management and direction over the whole proposed 
 lie : And whereas it is the duty of this Province to grant every 
 3ility and encouragement to such enterprising persons as may 
 
 desirous and willing to make and maintain such a Railway 
 Iroughout this Province, by granting to them an Act of Incor- 
 >ration, with the privilege of establishing Branch Lines and 
 ^eam Vessels in connexion with the said Railway, both on l;he 
 [ulf of Saint Lawrence and the Bay of Fi.ndy, as the Company 
 
 »y deem desirable ;' 
 
 Be it therefore enacted by the Lieutenant Governor, I legislative company incoipo 
 
 kncil and Assembly, That the Honorable Ward Chipman, the nitedbythciKiineor 
 
 ^orable Charles Simonds, Speaker of the House of Assembly, 'Narth7m,rUan'' 
 
 Honorable E. B. Chandler, Rear Admiral the Honorable Railway Cumpany. 
 |liam Fitzwilliam Owen, the Honorable J. R. Partelow, Pro- 
 ^ial Secretary, the Honorable Amos E. Botsford, the Honorable 
 Robertson, the Honorable R. L. Hazen, the Honorable 
 
 jander Rankin, M P.P., J. Montgomery, M.P.P., William 
 
 le, M.P.P., the Honorable John A. Street, Attorney General, 
 
Perpetual 
 successiDii. 
 
 Common Seal. 
 
 Suits. 
 
 Bye laws to bi 
 submitted to the 
 Lieut. Governor 
 for approval. 
 
 Act incorporating the European and 
 
 MTP.P., William J. Ritchie, M.P.P., John Hamilton Gray,M.P.P., 
 Daniel Hanington, M.P.P., Bliss Botsford, M.P.P., James Taylor, 
 M.P. P., Robert B. Chapman, M.P.P., Matthew M'Leod, M.P.P., 
 George Hayward, M.P. P., George Ryan, M.P.P., Henry W. 
 Purdy, M.P. P., William Scoullar, M.P.P., Robert D. W'ilmot, 
 M.P.P., William H. Steves, M.P. P.; Reuben Stiles, M.P.P., 
 William H. Needhara, M.P. P., S. L. Tilley, M.P.P., George L. 
 Hatheway, M.P.P., John M. Johnson, M.P.P., William Porter, 
 M.P. p., John Robinson, M.P. P., Robert Jardine, George Botsford, 
 President of the Central Bank of New Brunswick, James M'Far- 
 lane, Thomas G. Hatheway, William Wright, D. J. M'Laughlin, 
 President of the Commercial Bank at the City of Saint John, 
 James W. Chandler, Nehemiah Marks, Frederick A. Wiggins, 
 Joseph SaUer, Enoch Stiles, George Calhoun, John Smith, John 
 C. Littlehale, James Roach, James Secord, Alleyn C. Evanson, 
 William Coates, Moses Jones, Silas Crane Charters, John Robb, 
 John Hickman, Junior, Christopher Boultenhouse, Charles F. 
 Allison, George Oulton, William H. Buckerfield, Peter Etter, 
 Charles F. Prescott, Allan Otty, Henry Chubb, William R. M. 
 Burtis, John V. Thurgar, George E. Fenety, T. W. Anglin, 
 Edward Allison, Thomas E. Millidge, President of the Bank of 
 New Brunswick, Charles Brown, George Sutherland, John Wesley 
 Weldon, Stephen Binney, Alexander Wright, and such other 
 persons as shall from time to time become proprietors of the shares 
 in the Company hereby established, their successors and assigns, 
 shall be, and tiiey are hereby declared, ordained and constituted to 
 be a Corporation, Body Politic and Corporate, by the name of 
 The European and North American Railway Company, and shall 
 by that name have perpetual succession and a Common Seal ; 
 and shall and may by the same name sue and be sued, plead and 
 be impleaded, answer and be answered unto, defend and be defended, 
 in all Courts and places whatsoever, and shall also have power and 
 authority to purchase, hold and enjoy lands, tenements and here- 
 ditaments, for them and their successors and assigns, for making 
 the Railway, and for settlers on the line of the said Railway, and 
 generally for the purposes of carrying the provisions of this Act 
 into effect ; and also that they the said Company shall from time 
 to time, and at all times, have full power and authority to consti- 
 tute, make, ordain and establish such bye laws, regulations and 
 ordinances, as may be deemed necessary for the good rule and 
 government of the said Company ; provided that such bye laws, 
 regulations and ordinances, as may be deemed necessary, be not 
 contradictory or repugnant to the laws of this Province ; and 
 provided also, that no bye laws, regulations and ordinances, made 
 under and by virtue of the power and authority of this Act, shall 
 be of any force or effect, until one calendar month after a true copy 
 of such bye laws, regulations and ordinances, certified under the 
 hand of the President of the said Company, shall have been laid 
 
 f before the 
 ment in th 
 unless the 
 ment shal! 
 II. An 
 hereby esl 
 whole to 
 amount oi 
 shares, of 
 necessary, 
 sum or su 
 money, ai 
 1 according] 
 '** vested in 
 \ asmaytal 
 f and upon 
 Banks in 
 the Direcl 
 for that pi 
 
 * aforesaid ; 
 ' in as the i 
 \ the Direcl 
 ' alwavs, ti 
 ■' amount p 
 '■ make on \ 
 
 * interval b 
 '"' of pavme 
 
 * Royal G« 
 
 * published 
 
 * amount o 
 » part of til 
 
 * any share 
 proprietoi 
 
 »' the same 
 I Act anne 
 
 * Company 
 I shares shi 
 f and shall 
 y and everj 
 "^ tionate 
 '' provided' 
 *laid out 
 ^ Railway, 
 
 in this A( 
 ^ in and al 
 ** and to n( 
 ' III. 
 ''] pounds 
 
iy,M.P.P., 
 nes Taylor, 
 )d,M.P.P., 
 Henry W. 
 [). W'ilniot, 
 8, M.P.P., 
 , George L. 
 iam Porter, 
 ge Botsford, 
 mes M'Far- 
 »l'Laughlin, 
 saint John, 
 i. Wiggins, 
 smith, John 
 L Evanson, 
 John Robb, 
 Charles F. 
 ?eter Etter, 
 liam R. M. 
 W. Anglin, 
 the Bank of 
 ohn Wesley 
 such other 
 )f the shares 
 and assigns, 
 onstituted to 
 the name of 
 ni/, and shall 
 nmon Seal ; 
 d, plead and 
 be defended, 
 e power and 
 its and here- 
 , for making 
 tailway, and 
 I of this Act 
 ill from time 
 ity to consti- 
 ;ulations and 
 tod rule and 
 jh bye laws, 
 ssary, be not 
 ovince ; and 
 nances, made 
 lis Act, shall 
 T a true copy 
 ied under the 
 ive been laid 
 
 North American Railway Company. 5 
 
 before the Lieutenant Governor or Administrator of the Govern- 
 ment in this Province for the Hme being, for approval or disapproval, 
 unless the Lieutenant Governor or Administrator of the Govern- 
 ment shall before such period signify his approbation thereof. 
 
 IL And be it enacted, That the capital stock of the Company capital to be 
 hereby established shall be Fifteen hundred thousand pounds, th.e ^''^go'ooo' i,'' es*^ 
 whole to be paid in current money of this Province ; the whole with power to 
 amount of the said capital stock to be divided into sixty thousand increase. 
 shares, of twenty five pounds each ; and the said Corporation, if 
 necessary, shall have power to extend the said capital stock to a 
 sum or sums not exceeding Two millions of pounds of like current 
 money, and shall have power to increase the number of shares 
 ^ accordingly ; which original shares and increased stock shall be 
 '* vested in the persons hereinbefore named, and such other persons 
 ' as may take shares in the said Company, their successors or assigns ; 
 ^ and upon taking such shares, they shall deposit in such Bank or PorioJs and 
 
 * Banks in the British North American Colonies, or elsewhere, as p'a'?^elits!' 
 ^ the Directors of the said Company shall from time to time appoint 
 
 ^ for that purpose, the sum of five shillings per share current money 
 
 * aforesaid ; and tiie remaining amount of such shares shall be called 
 ' in as the work progresses, in such parts and amount per share as 
 \ the Directors of the said Company may deem necessary ; provided 
 '' always, that two pounds ten shillings per share shall be the greatest 
 '' amount per share of any one call which the said Directors may 
 '• make on the shareholders, and two months at least shall be the 
 
 * interval between successive calls ; and thirty days previous notice 
 '' of payment being required for any one call, shall be given in the 
 ' Royal Gazette at Fredericton, and one or more of the IVewspapers 
 ^ published in the City of Saint John ; provided also, that the whole 
 
 * amount of such calls shall not exceed, in any one year, one third 
 
 * part of the amount subscribed ; and on denjand of the holder of 
 
 * any share, the Company shall cause a receipt or certificate of the 
 proprietorship of such share to be delivered <o such shareholder, and 
 
 *' the same may be according to the forni . ."^^'le Schedule A to this 
 t Act annexed, or to the like effect, or in such other form as the said 
 
 * Company may by their bye laws prescribe ; and every of the said shares to be 
 ^ shares shall be deemed personal estate, and transferable as sucli, i"^"""^' ^"^'=''*^ 
 ^ and shall not be deemed or taken to be of the nature of real property ; 
 
 ' and every such share shall entitle the holder thereof to a propor- 
 *' tionate part of the profits and dividends of the said Company ; 
 ^ provided also, that the money so to be raised as aforesaid, shall be 
 *laid out in the making, completing and maintaining the said 
 ^ Railway, and other the purposes therewith connected, mentioned 
 in this Act, and in payment of the legal and other expenses incurred 
 ^ in and about the incorporating and establishing the said Company, 
 '^ and to no other use or piirpose whatsoever. 
 
 III. And be it ena'cted, That so soon as one hundred thousand Jj|"/,"o'^ooP';°"i 
 '' pounds of the capital stock of the said Company shall have been depobit oi' ss. per 
 
Act incorporating the European and 
 
 Btru.'i iiml iiiaimam 
 tiirir Huilv.-ny, 
 with iRceasiiiy 
 ainieiidages. 
 
 Diroctinn of the 
 route. 
 
 siinrp, fnmpnnv subscribed, ami the deposit of five shillings per share sliall hav 
 authorizp.! to ron- ^p^^, actually paid as aforesaid, and not before, it shall be lawful f^' 
 the said Company, and they are hereby unthoiized and empowered 
 by themselves, their deputies, agents, odicers, and workmen, t 
 make, construct, and finally coniplete, alter, and keep in Yepair, 
 Railway, with one or more sets of rails or tracks, with uU suitabl 
 bridges, arc'iways, turn-outs, culverts, drains, and all other necessar 
 appendages, and to erect such wharves, moles, jetties, piers, dock^ 
 harbours, landings, aboideaux, dikes, buildings, depots, and ware 
 houses, either at the termini or on the line of the said Railway 
 and to purchase and acquire such stationary or locomotive steai: 
 engines, and carriages, wagons, floats, and other machinery aii' 
 contrivances, and real or personal property, as may be necessar 
 for the making and ntaintaining the said Railway, and for tli 
 transport of passengers and merchandise thereon, and for othr 
 purposes of this Act ; and may hold and possess the land ove 
 which the said Railway is to pass, ami such adjoining lands n 
 may be required ; which Railway is to run from some point o 
 place from the Eastern Boundary of this Province, in the Count\ 
 of Westmorland, so as best to connect with a Railway to be con 
 structed from the City of Halifax, or some other Port on tli 
 Eastern Coast of the Province of Nova Scotia, on the Atlanti 
 Ocean, over the most practicable route through this Province o 
 New Brunswick, so as best to connect with a Railway to br 
 constructed from the City of Bangor, in the United States n 
 Anierica, to the eastern part of the State of Maine, under ; 
 Charter from the same State, with a like name as is used in thi 
 Act, as the Directors of this Company, in the exercise of thei; 
 best judgment and discretion, sliall judge most favourable and be? 
 calculated to promote the public convenience, and carry into eflcc 
 the intentions and purposes of this Act ; provided always, that : 
 Map or Plan of the route determined upon shall be deposited ii 
 the OfTice of the Secretary of this Province. 
 
 IV. And be it enocted, That the sa'd Company shall and may 
 if they deem it expedient, make Branch Railways to every or an} 
 part of the Province, and manage such Branch Railways, aiii 
 procure and own such steam boats or vessels as may be necessary 
 to ply in connexion with the said Railway, in the waters of anv 
 part of the Gulf of Saint Lawrence, or in the Bay of Fundy, o: 
 in the waters contiguous to either of them ; and for that purpose 
 shall exercise and possess all the powers, privileges and authoritio' 
 necessary for the management of the same, in as full and ample i 
 manner as they are hereby authorized to do with respect to th: 
 said Railway. 
 
 V. And be it enacted, That it shall be lawful for the Director' 
 of the said Company, in their discretion, until the said Railway 
 shall be completed and opened to the public, to pay interest at any 
 rate not exceeding six pounds per centum per annum on all sun^ 
 
 I 
 
 Plan of route to be 
 deposited in tlie 
 Provini'inl Secre- 
 tary's Office. 
 
 Company ein- 
 powtnj to make 
 Branch Railways 
 anil own Stcatn- 
 buat^i. 
 
 Interest on monej'S 
 called in may In' 
 paid till till' Jtail- 
 way be completed. 
 
 or 
 
re slmll liav .| 
 1 be lawful fn ^ 
 d Piupovverei! | 
 workmen, t | 
 p in Yopair, | 
 til ull suitubl I 
 tlier necpssar | 
 , piers, tlock^ '^ 
 )ts, and ware I 
 aid Railway | 
 imotive stem | 
 [lacliiuery aiv _| 
 be necessar ■ 
 , and for tli ; 
 and for otlii 
 the land ovc ' 
 ning lands » 
 some point v 
 in the Count} 
 ray to be con 
 Port on til 
 the Atlanti 
 Province i> 
 Railway to h 
 ited States n 
 aine, under ; 
 is used in thi' 
 lercise of thei; 
 irable and bo^ 
 arry into eflcc- 
 always, that 
 le deposited i: 
 
 jhall and may 
 f) every or am 
 Railways, aiii 
 f be necessary 
 waters of aiiv 
 of Fundy, o: 
 r that purpost 
 md authoritic' 
 II and ample i 
 respect to th 
 
 the Director- 
 I said [Railway 
 Interest at any 
 n on all sunb 
 
 f 
 
 North American Railway Company. 
 
 called up in respect of the shares, from the respective days on 
 which the same shall be paid, such interest to accrue and be paid 
 at su(!h times and places aa the said Directors shall appoint for that 
 purpose; provided always, that no interest shall accrue to the 
 proprietor of any share upon which any call shall be in arrear in 
 respect of such shares or any other sliare to be holden by the same 
 proprietor during the period while such call shall remain unpaid. 
 
 VI. And be it enacted. That the certificate of the proprietorship 
 of any share in the said Company shall be admitted in all Courts 
 as prima facie evidence of the title of any shareholder, his executors, 
 administrators, successors or assigns, to the share therein specified ; 
 nevertheless, the want of such certificate shall not prevent the 
 holder of any share from disposing thereof. 
 
 VII. And be it enacted. That no shareholder shall be entitled 
 to transfer any share, after any cull shall have been made in 
 respect thereof, until he or she shall have paid all calls for the time 
 being due on every share held by him or her. 
 
 VIII. And be it enacted. That the said Company shall not be 
 bound to see to the execution of any trust, whether express, implied 
 or constructive, to which any of the said shares may be subject ; 
 and the receipt of the party in whose name any such share shall 
 stand in the Books of the said Company, or if it stands in the 
 name of more parties than one, the receipt of one of the parties 
 named in the Register of Shareholders shall from time to time be 
 a sufficient discharge to the said Company for any dividend or 
 other sum of money payable in respect of such share, notwith- 
 standing any trust to which such share may then be subject, and 
 whether or not the said Company have had notice of such trusts, 
 and the said Company shall not be bound to see to the application 
 of the money paid upon such receipts. 
 
 IX. And be it enacted. That the several persons who have or 
 shall hereafter subscribe any money towards the said undertalcing, 
 or their legal representatives respectively, shall pay the sums 
 respectively so subscribed, or such portions thereof as shall from 
 time to time be called for by the Directors of the said Company, at 
 such times nnd places as shall be appointed by the said Directors ; 
 and with respect to the provisions in this Act contained for 
 enforcing the payment of the calls, the word " shareholder " shall 
 extend to and include the personal representatives of such share- 
 holdei'. 
 
 X. And be it enacted, That it shall be lawful for the Directors 
 of the said Company from time to time to make such calls of 
 money upon the respective shareholders, in respect of the amount of 
 capital respectively subscribed or owing by them, as they shall 
 deem necessary, provided that thirty days notice at the least be 
 given of each call asaforesaici, and that no call exceed the prescribed 
 amount aforesaid, and that successive calls be not made at less than 
 the prescribed interval aforesaid, or a greater amount called in, in 
 
 Evidence of pro- 
 perty in a sliare. 
 
 No sliare to be 
 transfc:rroil while 
 in arrear. 
 
 Company not bound 
 to see to the 
 execution of trust 
 in respect of shares. 
 
 Subscribers to the 
 Stock, and their 
 representatives, 
 to pay as appointed 
 by the Directors. 
 
 Power to make 
 calls upon the 
 shareholders for 
 money. 
 
 ^?v 
 
:B 
 
 Interest to be paid 
 on overdue calls. 
 
 Power to receive 
 ailvancos from 
 shareholders on 
 interest. 
 
 Power to sue 
 
 defaulting 
 
 shareholders. 
 
 Declaration in suits 
 to recover money 
 due on calls. 
 
 Proof of call, and 
 defendant having 
 lieen a shareholder 
 at the time, 
 sufficient. 
 
 ^ct incorporating the European and 
 
 any one year, than the preecribed amount aforeBaid ; and every 
 sbai'ebolder shall be liable to pay the amount of the call so made, 
 in respect of the shares held by him, to the persons and at the 
 times and places from time to time appointed by the said Company 
 or the Directors thereof. 
 
 XI. And be it enacted. That if before or on the day appointed 
 for payment any shareholder do not pay the amount of any call to 
 which he is liable, then such shareholder shall be liable to pay 
 interest for the s«me at the rate allowed by law, that is to say, six 
 per centum per annum from the day appointed for the payment 
 thereof to the time of the actual payment. 
 
 XII. And be it enacted. That it shall be lawful for the said 
 Company, if they think fit, to receive from any of the shareholders 
 willing to advance the same, all or any part of the moneys due 
 upon their respective shares beyond the sums actually called for ; 
 and upon the principal moneys so paid in advance, or so much thereof 
 as from time to time shall exceed the amount of the calls then made 
 upon the shares, in respect of which such advance shall be made, 
 the Company may pay interest at'8uch< rate, not exceeding i the 
 legal rate of interest fur the time being, as the shareholder paying 
 such sum in advance and the said Company may agree upon. 
 
 XIII. And be it enacted. That if at the time appointed by the 
 said Company, or the Directors thereof, for the payment of any 
 call, any shareholder shall fail to pay the amount of such call, it 
 shall be lawful for the said Company to sue such shareholder for 
 the amount thereof in any Court of Law or Equity having com- 
 petent jurisdiction, and to recover the same with lawful interest 
 from the day on which such call was payable. 
 
 XIV. And be it enacted, That in any action or suit to be 
 brought by the said Company against any shareholder to recover 
 any money due upon any call, it shall not be necessary to set forth 
 the special matter, but it shall be sufficient for said Company to 
 declare that the defendant is the holder of one share or more in the 
 said Company, stating the number of shares, and is indebted to the 
 said Company in the sum of money to which the calls in arrear 
 shall amount in respect of one call or more upon one share or more, 
 stating the number and amount of each of such calls, whereby an 
 action hath accrued to thu said Company by virtue of this Act. 
 
 XV. And be it enacted, That on the trial or hearing of such 
 action or suit it shall be sufficient to prove that the defendant at 
 the time of making snch call was the< holder of one share or more 
 in the said Company, and that such call was in fact made and such 
 notice thereof given as is directed by this Act ; and it shall not be 
 necessary to prove the appointment of the Directors who made 
 such call, or any other matter whatsoever ; and thereupon the said 
 Company shall be entitled to recover what shall be due upor such 
 call, and interest thereon, unless it shall appear either that any such 
 call exceeds the prescribed amount aforesaid, or that due notice of 
 
and every 
 11 so made, 
 and at the 
 Company 
 
 f. appointed 
 any call to 
 able to pay 
 ) to say, six 
 le payment 
 
 for the said 
 ihareholders 
 moneys due 
 r called for ; 
 nuch thereof 
 8 then made 
 til be made, 
 oeeding i the 
 3lder paying 
 e upon, 
 linted by the 
 ment of any 
 such call, it 
 areholder for 
 having OQm< 
 wful interest 
 
 >r suit to be 
 r to recover 
 y to set forth 
 Company to 
 r more in the 
 debted to the 
 Ellis in arrear 
 hare, or more, 
 whereby an 
 f this Act. 
 uring of such 
 defendant at 
 hare or more 
 ade and such 
 i shall not be 
 s who made 
 upon the said 
 lie upon such 
 that any such 
 due notice of 
 
 North American Railway Compant/. 
 
 such call was not given, or that the prescribed interval between 
 two successive calls had not elapsed as aforesaid. 
 
 XVI. And be it enacted. That the production of the Register 
 of Shareholders shall be prima facie evidence of such defendant 
 being a shareholder, and of the number and amount of his shares. 
 
 XVII. And be it enacted, That if any shareholder fail to pay 
 anv call payable by him, together with the interest, if any, that 
 shall have accrued thereon, the Directors of the said Company, at 
 any time after the expiration of two months from the day appointed 
 for payment of such call, may declare the share in respect of 
 which such call was payable, forfeited, and that whether the said 
 Company have sued for the nmoimt of such call or not. 
 
 XVII I. And be it enacted. That before declaring any shares 
 forfeited, the Directors of said Company shall cause notice of such 
 intention to be left or transmitted by Post to the usual or last place 
 of abode of the person appearing by tlie Register of Shareholders 
 to be tlie proprietor of such share ; and if the holder of any such 
 share be beyond the limits of this Province, or if his usual or last 
 place of abode be not known to the said Directors, by reason of its 
 being imperfectly described in the Shareholders' Address Book, or 
 othervise ; or if the interest in any share shall be Vnown by the 
 said Directors to have become transmitted otherwise than by 
 transi'er, and so the address of the parties to whom the said share 
 or stares may for the tinie being belong shall not be known to the 
 saii Directors,, the said Directors shall give public notice of such 
 intention in the Royal Gazette, at Fredericton, and also in one or 
 mire of the Newspapers published in the City of Saint John, and 
 tbe several notices aforesaid shall be given ninety days at least 
 jefore the said Directors shall make such declaration of forfeiture. 
 
 XIX. And be it enacted. That the said declaration of forfeiture 
 jhall not take effect so as to authorize the sale or other disposition 
 of any share, until si?ch declaration shall have been confirmed at 
 the next general meeting of the said Company to be held after 
 such notice of intention to make such declaration of forfeiture 
 shall have been given ; and it shall be lawful for the said Company to 
 confirm such forfeiture at any such meeting, and by an order at such 
 meeting, or any subsequent general meeting, to direct the share or 
 f, shares so forfeited to be sold, or otherwise disposed of. 
 
 XX- And be it enacted, That after such confirmation as 
 aforesaid, it shall be. lawful for the said Directors to sell the forfeited 
 share by Public Auction ; and if there be more than one forfeited 
 share, then either separately or together, as to them shall seem fit ; 
 and any shareholder may purchase any forfeited share so sold as 
 aforesaid. 
 
 XXI. And be it enacted. That an affidavit by some credible 
 
 person not interested in the matter, sworn before any Justice of 
 
 ,the Peace, or before any Commissioner for taking affidavits in the 
 
 Supreme Court, or other person qualified by law to take affidavits, 
 
 Register of 
 filiareholders to 
 bu prima/acie 
 evidence. 
 
 Shares in arrear 
 inny be declared 
 forfeited. 
 
 Notice to be giveu 
 of intention to 
 declare shares 
 forfeited. 
 
 Forfeiture rf shares 
 to be contimied at 
 a general meeting. 
 
 Forfeited 
 to be sold. 
 
 hares 
 
 Evidence of 
 proprietorship in 
 purchased shares. 
 
 1^ 
 
10 Act incoiyorating the European and 
 
 tliat the call in respect of a share was made and notice thereof 
 {jiven, and that default in payment of the call was made, and that 
 the forfeiture of the share was declared and confirmed in manner 
 hereinbefore required, shall be sufficient evidence of the facts 
 therein stated, and such affidavit, and the receipt of the Treasurer 
 of the said Company for the price of snch share, shall constitute 
 a good title to such share, and a certificate of proprietorship shall 
 be delivered to such purchaser, and thereupon lie shall be deemed 
 the holder of such share, discharged from all sails due prior to such 
 purchase, and he shall not be bound to see to the application of 
 the purchase money, nor shall his title to such share be affected by 
 any in\\i^u]arity in the proceedinpis in reference to such sale. 
 No 11101 . shares to XX 11. And be it enacted, That the said Company shall not 
 )„• sdia than aio ^r,\\ ^^ transfer more of the shares of any such defaulter than will 
 
 sulhcioiil to pay "" , ,,, . , , , ' • i i • ^ , 
 
 an. ars aaj be sullicieiit, as nearly as can be ascertained at tiie time of such 
 
 1 .Npi. I1.SC3. g^jj.^ ^,^ pjjy. jjjg arrears then due from such defaulter on account of 
 
 any calls, tof);ether with interest and the expenses attending such 
 Bale and declaration of forfeiture; and if the money produced by 
 the sale of any such forfeited shares be more than sufficient to pay 
 all arrears of calls and interest thereon due at the time of such 
 sale, and the expenses attending the declaration of forfeiture and 
 sale thereof, w^ith the proof tliereof and certificate of propri»torship 
 to the purchaser, the surplus shall, on demand, be paid to the 
 defaulters. 
 
 XXIII. And be it enacted. That if payment of such airears 
 to rt'v.Tt '^' ^^ calls, and interest and expenses, be made before any sha*e or 
 
 shares so forfeited and vested in the said Company shall have leen 
 sold by Public Auction as aforesaid, such share or shares s;\all 
 revert to the party or parties to whom the same belonged beftre 
 such forfeiture, in such manner as if such calls had been duly pail. 
 
 XXIV. And be it enacted. That His Excellency the Lieutenait 
 Governor or Administrator of the (irovernraent for the time beinj, 
 by and with the advice and consent of Her Majesty's Execntiih 
 Council, be and is hereby authorized and empowered to grant unt> 
 the said Company, and the said Company are hereby invested wit! 
 the ri;j;ht, by their a;^ents, servants and workmen, to enter and gc 
 in and upon the Oown Lands lying in the route or line of the 
 contemplated Railway, for the purpose of making examinations, 
 surveys and other necessary arrangements, and also for the con- 
 struction and rejiair of the said Railway, and the Branches connected 
 with the said Railway, its several station houses and depots, and for 
 fuel for the use of the engines, station houses and depots belonging 
 thereto, mid tlie said Branches, to dig for, take, remove and use any 
 earth, gravel, stone, timber, wood or other matter, under, on or from 
 the Crown Land contiguous to the Railway, free from any duties 
 or charges therefor. 
 
 XXV. And be it enacted, That it shall and may be lawful for 
 ^he said Lieutenaut Governor or Administrator of the Guverumeiit 
 
 On paymoni 'if 
 
 airi'iirs lu'l 
 
 aliar 
 
 to thi; party 
 
 Company, witli llio 
 cnii-it'Ti' (ifllio 
 Kxcculivo (lovcrii- 
 liiciil, aiulmrizc'il 
 U) cMii'r nil Crow 11 
 Lnuds tiir ox>iiiiiiia- 
 tloM, and take 
 iiiaicrials fur l'Oii- 
 lilruL'liuu, 
 
 Kxi'cniivi) fiiivi'rii. 
 irii'iit amlinri/.cil 
 Ui {jraiil lauils luc 
 
 hrif 
 
 i'ti. 
 
)tice thereof 
 (le, and that 
 \ in manner 
 f tlie facts 
 e Treasurer 
 constitute 
 torship shall 
 1 be deemed 
 irior to such 
 iplication of 
 
 affected by 
 1 sale. 
 
 ny shall not 
 ter than will 
 time of snch 
 m account of 
 tending such 
 prodiiced by 
 Icient to pay 
 time of such 
 nrfeilnre and 
 )ropri»torship 
 
 paid to the 
 
 such arrears 
 any sha*e or 
 all have )een 
 ■ shares s\mi11 
 longed befcre 
 en dnly pail. 
 he Lieutenait 
 »e time beinj, 
 r's Execntit; 
 to grant unt> 
 invested witl 
 
 1 enter and gc 
 or line of the 
 examinations, 
 » for the con- 
 ihes connected 
 lepots, and for 
 )ots belonging 
 e and use any 
 ler, on or from 
 jm any duties 
 
 be lawfid for , 
 
 2 Government 
 
 North American Railway Conpani/ 
 
 for the time being, by i.nd with the consent aforesaid, and he is 
 hereby fully autliorized and empowered to gnint unto the said 
 Company, without pecuniary consideration, from the vacant C'rown 
 Lands, a belt or strip of such part of the Crown Lands as the said 
 C'Miteniplated Railway, and the said Branches, may pass over and 
 through, the said belt or strip to extend two hundred feet on bolh 
 sides of the track of the Railway measured from the centre thereof, 
 and also additiomil pieces or parcels of land severally not exceeding 
 live hundred feet in length and three hundred feet in breadth, 
 measured along and at right angles to the line of the said belt or 
 strip of land, at such points and distances from eticli other not less 
 than live miles, as may be necessary, and the said Company may 
 elect and determine. 
 
 XXVi. And belt enacted, Thatif thesaid Rail Road shall in the 
 course thereof cross any tide waters, navigable rivers or streams, 
 the said Company are tiereby authorized and empowered to erect, 
 for the sole and exclusive travel on the said Rail Road, a Bridge 
 across each of the said rivers or streams, or across any such tide 
 waters, provided such bridge or bridges shall be so constructed as 
 not nnneeesii: 1 '!y to obstruct or impede the navigation of said waters. 
 
 XXVII. And be it enacted, That no County, Parish, (.ity or 
 other local tax or assi'«sment shall be levied or assessed on or 
 payable by the said Corporation, on any of their lauds, tenements, 
 personal property, privileges or franchises, or on the stock thereof 
 owned by the respective shareholders therein, or on the income 
 derivable therefrom. 
 
 XXVI 11. And be it enacted. That the Legislature of this 
 Province shall at all times hereafter have the right to in juire into 
 the doings of the said Corporation, and into the manner in which 
 the privileges and franchises herein and hereby granted, may have 
 beea used and employed by the said Corporation, and to correct and 
 prevent all abuses of the same, and to pass any laws impo.-iing linos 
 and penalties upon said Corporation, which uniy be necessary more 
 cfl'ectually to compel a compliance with the provisions, liabilities 
 and dutit's herein set forth and enjoined, but not to impose any other 
 cr further duties, liabilities or oldigations; and that tiiis (/barter 
 ihall not be revoked, aimulled, altered or amended, without tiie 
 .ionsent of the Corporation, or during the present Session of tlic 
 Legislatiu'Cj or limited or restrained, except by due process of law. 
 
 XXIX. And be it enacted, That it shall be lawfid for the said 
 Corjjoration, if they shall at any time or times hereafter deem it 
 expedient so to do, to join and unite with any Body Politic;, or 
 Corporation or Company in tlie Province of Nova Scotia, or State 
 of Maine, ot to be formed therein for the purpo.se of constructing 
 the whole or any portion of the said continuous line of Railway from 
 the City of Bangor aforesaid, through this Province of New 
 Brunswick, to the Eastern Coast of Nova Scotia, as set out in the 
 third Section of this Act; and also co enter into such contracts, 
 
 11 
 
 lli.' IMl;)..- 
 Uiiilwnv. 
 
 jfllic 
 
 Powi-'i' to crc'u'. 
 HnilL'u.-5. 
 
 Kxi'inplioiiS lium 
 tiixaliuii. 
 
 L('(,'i:<latiirn may 
 iri(|iiin! ns to llin 
 (Iditins (if till' (.!(ii)i- 
 |i:iiiv, mill liy Ciiii's 
 i'iiiii|)i'l ;i ciiiiiiili- 
 iinci' willi lliis Act, 
 I'lil ^hall mil iiii|ui»c 
 iillif'r (liitiis, iKir 
 ihliT ihitt (jli:irter, 
 \\ illioiil cuuseiit. 
 
 Corporal ion may 
 join any otlicr ('or- 
 )iiiriiiiiiii iu .Nova 
 ."^iijiia or Siai(! of 
 Maiiio to coiislriict 
 ilir whiili' or any 
 l«ortiiiii ii\' tlif lino 
 ol llailway from 
 llantjor tn this 
 I'la ■ici'i ('o:i,<( of 
 Nova S';oiiu. 
 
12 
 
 If Railway be not 
 completed within 
 ten years, grants of 
 land and privileges 
 to rc-ort to Her 
 Majesty. 
 
 Cnmpilny invested 
 with all necessary 
 powers, &c. 
 
 To enter on lands 
 for survey. 
 
 Take lands and 
 materials. 
 
 Extent limited. 
 
 Act incorporating the European and 
 
 arrangements or agreements, by deeds or writings, with all or any 
 of such Bodies Politic, Corporations or Companies, as may be con- 
 sidered mutually beneficial, and as will conduce to the accomplish- 
 ment of the desired end, and to the effectual carrying into operatioa 
 the objects and intentions of this Act, and of such Bodies Politic, 
 Corporations and Companies, and as may tend to the mutually 
 beneficial management of the affairs of said continuou.s Railway 
 during its erection and after its completion, and the just and 
 equitable distribution and appropriation of the proceeds and earnings 
 thereof; and all such contracts, arrangements, agreements, deeds 
 and writings, shall be valid and binding within this Province, as 
 well on this Corporation as on such Bodies Politic, Corporations 
 and Companies, being parties thereto respectively, and shall be 
 duly enforced in the Courts of this Province, as if the said Bodies 
 Politic, Corporations and Companies, had been duly incorporated 
 herein. 
 
 XXX. Provided always, and it enacted, That if the said con- 
 templated Railway shall not be completed and in full operation 
 within the space of ten years from the time this Act shall come into 
 operation, all and every the said grants of land, and the rights and 
 privileges conferred by this Act, shall be utterly null and void, and 
 the land and privileges shall revert to and revest in Her Majesty, as 
 fully as if no grant had been made or rights and privileges conferred. 
 
 XXXI. And be it enacted. That the said Company shall be and 
 are hereby invested with all the powers, privileges and immunities 
 which are or may be necessary to carry into effect the intentions 
 and objects of this Act ; and for this purpose the said Company, 
 their successors, deputies, agents, and assistants, shall have the 
 right to enter and go into and upon the lands and grounds of all and 
 every description lying in tlie said route and general direction as 
 aforesaid, for the purpose of making surveys, examination? or other 
 necessary arrangements for fixing the site of the said Railway ; and 
 it filialland may be lawful for the said Company and their sujcessors 
 to take and hold so much of the land and other real estate as r.iav 
 be necessary for the laying out, making and constructing, and 
 convenient operation of the said Railway, and shall also have the 
 right to take, remove and use, for the necessary construction ajid 
 repair of said Railway and appurtenances, any earth, gravel, store, 
 timber, or other materials on or from the land so taken, without at y 
 previous agreement with the owner or owners, tenant or tenants «f 
 the land, and upon which such surveys, examinations or other 
 arrangements may be made, or through which the said Railway 
 may be explored, laid out, made, worked or constructed, or on whicli 
 materials and other things shall be laid for the purposes of the said 
 Railway ; provided always, that the said land so taken shall not 
 exceed six rods in width, except where greater width is necessary 
 for the purpose of excavation or embankment ; and where the said 
 Railway shall pass through any woods, lands, or forests, the said 
 
 » .pany 
 i: ikoon, 
 Railway, 
 natural fa 
 always, tl 
 or estate s 
 such pricf 
 thereof m 
 should no 
 the said p 
 be appoini 
 at least t 
 parties, e; 
 Railway i 
 shall occa 
 all such c 
 such Com 
 not less tl 
 provided i 
 said dania 
 considerat 
 may accri 
 respective 
 enhancenr 
 in regard 
 and termi 
 and in all 
 be paid tt 
 Rail Roac 
 lay the sf 
 Company 
 to pay th 
 of the pe 
 within tw 
 Company 
 said Com 
 such payi 
 or either 
 at the in! 
 are pay a 
 Commis? 
 same wi 
 the said 
 ehall be 
 have bee 
 within ot 
 provided 
 to affect 
 
 IK 
 
all or any 
 ay be con- 
 ccomplish- 
 
 operation 
 it^s Politic, 
 
 mutually 
 Railway 
 just and 
 1(1 earnings 
 ents, deeds 
 rovince, as 
 orporations 
 nd shall be 
 said Bodies 
 icorporated 
 
 le said con- 
 11 operation 
 11 come into 
 e rights and 
 id void, and 
 Majesty, as 
 s conferred, 
 shall be and 
 [ immunities 
 le intentions 
 d Company, 
 all have the 
 ids of all and 
 direction as 
 :ion5 or other 
 ailvvay ; and 
 nr sujcessors 
 state as r.iav 
 ructing, and 
 also have Ihe 
 3truction and 
 gravel, store, 
 , without ary 
 or tenants ♦f 
 ions or other 
 said Railway 
 1, or on which 
 les of the said 
 ken shall not 
 
 1 is necessary 
 vhere the said 
 ■ests, the said 
 
 provided Company to pay for 
 • - - - lands taken. 
 
 North American Railway Compani/. ^^ 
 
 ■( .pany shall have the right to fell or remove any tr^ed standing 
 
 I: -ivjon, to the distance of six rods from either side of the said 
 
 Railway, which by their liabilities to be blown down, o/ from their 
 
 natural falling, might obstruct or impair said Railway ; provided 
 
 always, that in all cases the said Company shall pay for 9M(^ ?anda 
 
 or estate so taken or used, (in case the owner thereof defiiand it,) 
 
 such price as the said Company and the owner or respective o%,ner8 
 
 thereof may mutually agree upon ; and in case the said parties J^^^^'^^^^'^g^'XTe 
 
 should not agree, then it shall be lawful for the said CompaviJ or assesseii by Com 
 
 the said parties to apply to three or more of the Commissioner. ^ to misaiouors. 
 
 be appointed in manner hereinafter provided, who shall, after givi.ig 
 
 at least twenty days notice in writing to the said Company an d 
 
 parties, examine the site of the said Railway ; and in case the sakv^ 
 
 Railway shall pass through or extend upon any improved lands, or 
 
 shall occasion the removal of any buildings or fences, then and ia 
 
 all such cases the damages shall be ascertained and assessed by 
 
 such Commissioners, or a majority of them ; provided always, that 
 
 not less than three Commissioners shall concur in such assessment : 
 
 provided nevertheless, that the said Commissioners, in assessing the 
 
 said damages, are authorized and empowered, and shall take into 
 
 consideration the indirect as well as the direct advantages which 
 
 may accrue to the owner or respective owners, as such owner or 
 
 respective owners, by the construction of such Railway, as by the 
 
 enhancement in value of the land by the passage of the Railway 
 
 in regard to the increased facilities of access to the different stations; 
 
 and termini of ^'he said Railway, in diminution of the damages ; 
 
 and in all cases where the Commissioners shall assess damages tc» 
 
 be paid to the owner or owners of any land over which the said I 
 
 Rail Road may be laid out, the Commissioners so assessing shal 1 i "I'J 
 
 lay the said assessment before the next general meeting of the sai( 1 ^'"' ' 
 
 Company under the authority of this Act, who are hereby requiret 1 
 
 to pay the amount set forth in the said assessment into the hand s 
 
 of the persons for whom such damages may have been assessec 1, 
 
 within twenty one days next after such general meeting of the sai d 
 
 Company, together with the reasonable costs and charges of tl le 
 
 said Commissioners in assessing such damages ; and in default of P".'^"'!!"'.!. '",'!!; 
 
 such payment it shall and may be lawful for the said Commissionei 
 
 or either of them, (in case of th.e absence or death of the otherf i,) 
 
 at the instance of the said party or parties to whom such daraag ;ps 
 
 are payable, by warrant under the hands and seals of the SJ lid 
 
 Commissioners, or one of them, (in case aforesaid,) to levy i .he 
 
 same with costs by distress and sale of the goods and chatteh ; of 
 
 the said (Company ; provided always, that no claim for dama ges 
 
 ehall be allowed by such Conmiissioners, unless the same s hall 
 
 have been made in writing and submitted to the said Comp ,any 
 
 within one year from the time of taking such land or other prope -rty ; 
 
 provided also, that notliing in this Act contained shall be coos' ,rued 
 
 to affect the rights of the Crown in any ungranted lands witbi a this 
 
 ^.!^5(^ssmeat to be 
 1 .aid botbrc \\if next 
 iieetiiignt'the Coiii- 
 aiid amount 
 
 levied with costs. 
 
14 
 
 E fleet given to past 
 or I'uuire agreo- 
 iiionld tor trnns- 
 tfrs (if IiiikI lor the! 
 route of'tlio Hail- 
 way. 
 
 
 Act incorporating the Europeon a7id 
 
 Province, or to authorize the said Company to enter upon or take 
 possession of any such lands witiiout the previous permission of the 
 Executive Government of the Province. 
 
 XXXII. 'And whereas divers and many persons, being the 
 
 * owners and proprietors of or interested in lands through which 
 ' the line or route of the said Railway may pass, have by deeds 
 ' or writings under their hands and seals, after reciting that — 
 ' ' Whereas at a Convention held at Portland, in the iState of 
 ' Maine, for the purpose of devising means to insure the construc- 
 ' tion of a Rail Road to extend from Portland aforesaid, in a 
 ' continuous land route through the Province of New Brunswick, 
 ' to a suitable point or terminus on the Eastern Coast of the Pro- 
 ' vince of Nova Scotia, and to be called ' The European and 
 ' North American Rail Road,' John A. Poor, Esquire, of Portland, 
 ' the Honorable Anson G. Chandler, of Calais, the Honorable 
 ' Elijah L. Hamlin, of Bangor, the Honorable James B. Uniacke, 
 ' of Halifax, Robert B. Dickie, Esquire, of Amherst, Robert 
 ' Jardine, Esquire, of Saint John, and George Botsford, Esquire, of 
 ' Fredericton, were appointed an Executive Committee to carry 
 ' out the object of the said Convention, and to obtain a Charter or 
 
 * concurrent Charters from the Legislatures of Maine, New Bruns- 
 
 * wick, and Nova Scotia, to incorporate a Company or Conipanies 
 ' for that purpose ;' Then in consideration that the said Committee 
 
 * did take upon themselves tlu^ aforesaid duty, and procure as 
 ' aforesaid, a Cliarter or concurrent Ciiarters, the subscribers feeling 
 ' a deep interest in the erection of the said Rail Road, did each for 
 
 * himself thereby covenant and agree to and with the said Com- 
 ' mittee, that such Company when formed, or any persons in their 
 ' employment, might, for tiie purposes of such Rail Road, enter 
 ' upon any lands belonging to either of them, and appropriate 
 ' therefrom a sufTicient width of way for such road over such lands, 
 
 * not exceeding six rods in width, without any claim for compen- 
 ' sation or damages on either of their parts, except in cases where 
 ' such road or width of way requires the removal of any buildings; 
 
 * and they further severally consented each for himself, that an 
 
 * Act of Assembly might be passed, to give full effect to the licence 
 ' and agreement aforesaid, and for vesting such width of way in 
 ' such Company for the purposes of such road : And whereas other 
 
 * parties have executed or may hereafter execute otiier deeds, cove- 
 
 * nants, agreements, writings or documents to the like purport and 
 
 * effect, or for carrying out the same objects or intentions ;' Be it 
 therefore enacted, Ihat all and every such deeds, covenants, 
 agreements, writings or documents, already executed, or which 
 shall hereafter be executed, shall be binding in law on each and 
 every of the said parties thereto respectively, and each and every 
 of tlioiii, their heirs and assigns, to take effect from the day when 
 the same shall be respectively signed by tiie respective parties 
 thereto, and be binding on such parties, their heirs and assigns, 
 
 from the da 
 •md entered 
 and of the 
 the lands, r 
 lo in said 
 fespectivel^ 
 Company, 
 •f law vest 
 ind purpost 
 transferring 
 
 Sarties resp 
 ' they had 
 Company g 
 tlierefor, ar 
 Mentioned ( 
 nants, agrei 
 or further a 
 1 XXXHl 
 iame may 
 Administra 
 the advice i 
 appoint not 
 taining and 
 the paymen 
 pany under 
 of this Act 
 sioners shal 
 by refusal t 
 from the P 
 said, for 
 ■worn to t 
 any Clerk 
 Clerk so a 
 ficate of SI 
 the Secret 
 
 xxxI^| 
 
 shall take 
 sole, guar( 
 trustees w 
 represent, 
 coverts, pe 
 whatsoeve 
 ■aid land 
 of the said 
 trators, or 
 in law, to 
 raeeipts si 
 and it slit 
 
 fi 
 
or take 
 on of the 
 
 eing the 
 jh which 
 by deeds 
 g that — 
 
 State of 
 construc- 
 aid, in a 
 uiisvvick, 
 
 the Pro- 
 tean and 
 Portland, 
 lonoiable 
 Uiiiacke, 
 Robert 
 Isquire, of 
 
 to carry 
 'barter or 
 w Bruns- 
 onipanies 
 bnimittee 
 rocure as 
 ?r3 feeling 
 d each for 
 laid Com- 
 is in their 
 )ad, enter 
 ppropriate 
 uch lands, 
 r conipen- 
 i«e8 where 
 buildings; 
 ■, that an 
 he licence 
 of wav in 
 reas other 
 eds, cove- 
 irport and 
 IS ;' Be it 
 jovenants, 
 or Thich 
 
 each and 
 and every 
 day when 
 ve parties 
 id assigns, 
 
 1 l^^orlh American Railway Company- 
 
 Hi. 
 
 from the day of such signing of the same respectively, as if made 
 »nd entered into with this Company after tlie passing of this Act, 
 and of the organization of tlo said Company themselves, and all 
 the lands, rights, privileges and immunities mentioned and referred 
 <o in said deeds, covenants, agreements, writings or documents 
 Respectively, which may be required, taken or used by the said 
 Company, for the purposes of tlie said Railway, shall by operation 
 of law vest absolutely in said Company, and shall be to all intents 
 »nd purposes as valid and effectual for absolutely conveying and 
 transferring said lands, and the right, title and interest of said 
 
 Sarties respectively, thwr heirs and assigns, therein or thereto, as 
 ' they had respectively signed, sealed and delivered to the said 
 Company good, valid and effectual conveyances and assurances 
 tlierefor, and for the rights, privileges and immunities granted, 
 Bientioned or intended to be granted by such deeds, writings, cove- 
 nants, agreements or documents respectively, without registration 
 9r further act, deed, luatter or thing being done or performed. 
 
 XXXIII. And be it enacted, That when and so soon as the 
 iame may be deemed necessary, the Lieutenant Governor or 
 Administrator of the Government for the time being, by and witli 
 the advice and consent of Her Majesty's Executive Couiuij, shall 
 appoint not less than five persons to be Conmiissioners for ascer- 
 taining and settling all disputes or difficulties, with reference to 
 the payment for land or materials taken or used by the said Com- 
 pany under the thirty first, thirty fourth and thirty fifth sections 
 of this Act, or damages occasioned thereby ; which said Commis- 
 sioners shall be appointed during pleasure ; and in case of vacancy 
 by refusal to act, resignation, death, removal, incapacity, or absence 
 from the Province, appointments shall be forthwith made as afore- 
 said, for filling such vacancies, and said Commissioners shall be 
 iworn to the faithful aid impartial discharge of their duties before 
 any Clerk of the Peace for any County in this Province, and the 
 Clerk so administering such oath shall forthwith transmit a certi- 
 ficate of such oath having been duly administered, to the Office of 
 the Secretary of the Province. 
 
 XXXIV. And be it enacted, That when the said Company 
 •ball take any land or estate of any Body Corporate, aggregate or 
 sole, guardians, committees, executors, administrators, or other 
 trustees whatsoever, held for or on bc4ialf of those whom they 
 represent, whether corporations, infants, idiots, lunatics, feme- 
 OOverts, persons deceased or beyond seas, or other person or persons 
 whatsoever, who are or shall be possessed (»f or interested in the 
 ■aid land or estate, the respective contracts, agreements and sales 
 of the said corporations, guardians, committees, executors, adminis- 
 tllktors, or other trustees whatsoever, shall be valid and effectual 
 hi law, to all intents and j)urposes whatsoever, and their respective 
 receipts shall be good and valid releases and discharges therefor ; 
 and it shall be lawful for them respectively to agree and settle 
 
 15 
 
 E A^'ciitive (iiivci'ii- 
 inriit to a])[ii)int 
 
 CimiIMi:-i|i)IU:i'S to 
 
 stl.li' all i'.N|iiito.i 
 as li Ip.hiN ■iriil 
 inaliM'Uils tiili(ij,«.V.r, 
 uii.li-r ;>iT;i')iiK 
 31, ;!4, & 3.1. 
 
 Atrrcenicnis wiiU 
 •iiiil (lisc-lirirc^ivs by 
 Coriuiratioiis' and 
 'J'tusIii's I'lir l:iniln 
 taken, to bi- valiil. 
 
16 
 
 Power to enter on 
 adjacent lands and 
 take materials tor 
 the construction 
 and repair of the 
 Bail way. 
 
 Fences to be main- 
 tained nn each side 
 of tlia Railway. 
 
 A. hell to 1)0 runjT at 
 eif;hty rods rlismnce 
 from every Rail- 
 way crossing. 
 
 Act incorporating the European and 
 
 with the said Company for damages, if any, by reason of' taking 
 such land or estate aforesaid, and in case of disagreement, such 
 damage to be ascertained and settled as provided by the thirty 
 first section of this Act. 
 
 XXXV. And be it enacted. That the said Company, their 
 superintendents, engineers, agents, and workmen, may enter upon 
 the land adjoining the said Railway, and from thence take and 
 carry away any timber, stone, gravel, sand and earth, or materials 
 necessary for the construction of the said Railway ; and in case 
 of any slip happening or being apprehended to any cutting, 
 embankment, or other work belonging to the said Railway, the 
 said agents and workmen shall at all times hereafter have full 
 egress and regress into and upon such adjoining lands, for the pur- 
 pose of repairing and preventing such accidisnt, and to do such 
 works as may be necessary for the purpose ; provided always, that 
 such works shall be as little injurious to the said adjoining land as 
 the nature of tlMl operations will admit of, and shall be executed 
 with all possible dispatch, in all which cases the damage incurred, 
 if the parties caniiot agree, shall be ascertained and paid iu like 
 manner in all respects as provided for in the thirty first section of 
 this Act. 
 
 XXXVI. And be it enacted. That the said Company, at their 
 own proper costs and charges, shall erect and maintain on each 
 side of the said Railway, sufficient fences wherever the same may 
 be necessary, in order to protect the public, or wherever any cleared 
 or cultivated land occurs on the line of the said Railway ; and for 
 neglect or failure to erect and maintain such necessary fences, the 
 said Company shall be liable to be indicted at any Court of Oyer 
 or Terminer or General Sessions of the County where such fences 
 shall be insufficient, and to be fined in such sum as shall be then 
 and there adjudged ; and such fine shall be expended for the 
 erection or repair of said fences, and for compensation of individual 
 damage, as the case may be ; and it shall and may be lawful for 
 the Justices of the said Court of Oyer and Terminer or General 
 Sessions, to make such order for levying the said fine on the pro- 
 perty of the said Company, or otherwise, as to them shall seem 
 most proper to the exigencies of the case, which said fine shall be 
 exclusive of any claim for damages which any party may sustain 
 by any such neglect or failure as aforesaid. 
 
 XXX VII. And be it enacted, That the said Company shall 
 cause a Bell, of at least thirty five pounds in weight, to be placed 
 on each locomotive engine passing upon the said road, and the said 
 bell shall be rung at the distance of at least eighty rods from the 
 place where such road crosses any rail road, turnpike, highway, 
 statute labour or private road, upon the same line with the rail road, 
 and shall be kept ringing until the engine shall have crossed such 
 rail road, turnpike, highway, statute labour or private road ; and 
 every train of cafs moved by steam power shall be provided with 
 
 s 
 
 suitable bi 
 cars in sai 
 XXXV 
 way or an 
 rail road, 1 
 carriages ( 
 ,|)any shall 
 otherwise, 
 fttatute lab 
 upon the g 
 •uch heigli 
 the travel, 
 shall be pr 
 inches, " '. 
 l>ell rings ! 
 Company i 
 ■aid Conip 
 highway, g 
 by means ( 
 the level, ; 
 statute lab 
 thereof be ; 
 maintain ir 
 ments whi< 
 any turn pi! 
 rail road ; 
 .pike, high 
 venient in 
 discretion 
 persons pa 
 private roa 
 change the 
 or private 
 Of danger, 
 labour or p 
 XXXD 
 ajQd munag 
 in seven, n 
 bjre law fn 
 prietora of 
 the shareh( 
 
 Srovided, 
 ply electe 
 tj»ee or fiv 
 tiine to tu 
 tWnsaction 
 except in 
 Directors [ 
 
 hi 
 
1 of" taking 
 ment, such 
 r the thirty 
 
 pany, their 
 enter upon 
 ;e take and 
 M materials 
 and in case 
 ny cutting, 
 lailway, the 
 'X have full 
 for the pur- 
 to do such 
 always, that 
 ning land as 
 be executed 
 ige incurred, 
 paid in like 
 rst section of 
 
 any, 
 :ain on 
 
 at their 
 each 
 
 le same may 
 r any cleared 
 
 fay 
 
 and for 
 
 Y fences, the 
 
 ourt of Oyer 
 
 B such fences 
 
 shall be then 
 
 nded for the 
 
 of individual 
 
 be lawful for 
 
 or General 
 
 B on the pro- 
 
 n shall seem 
 
 fine shall be 
 
 may sustain 
 
 ompany shall 
 
 , to be placed 
 
 and the said 
 
 •ods from the 
 
 ke, highway, 
 
 the rail road, 
 
 crossed such 
 
 ite road ; and 
 
 provided with 
 
 North American Railway Company- 
 
 suitable breaks, and one trusty and skilful breakman to every two 
 cars in said train. 
 
 XXXVIII. And be it enacted, Tlmt wherever the said Rail- 
 way or any of its branches shall cross, or slmil hereafter cross any 
 rail road, highway, turnpike road, statute labour or private road for 
 carriages of any description, within this Province, the said Com- 
 l|)any shall cause boards to be placed, well si'pported by posts or 
 'otherwise, and constantly maintained across each railway, lugh way, 
 itatute labour or private road, where it is crossed by the rail road 
 upon the same level therewith, the said posts and boards to be of 
 f uch height as shall be easily seen by travellers without obstructing 
 the travel, and on ejich side of said boards the following inscription 
 ■hall be printed in plain legible letters of at least the length of nine 
 inches, " Rail Road crossings, look out for the Engine when the 
 tell rings ! I" Provided always, that it shall be lawful, if the said 
 Company shall deem it more conducive to the public safety, for the 
 ■aid Company, at their own expense, to carry such turnpike or 
 highway, statute labour or private road, over or under such railway, 
 by means of a bridge or archway, in lieu of crossing the same on 
 the level, and shall have power to raise or lower such turnpike, 
 statute labour or private road, so as the safe and convenient use 
 thereof be not obstructed ; and the said Company shall constantly 
 maintain in good repair all bridges, with the abutments and embank- 
 ments which they may construct for conducting the rail road over 
 any turnpike, highway, statute labour or private road, over said 
 rail road ; and when the said railway shall approach any such turn- 
 ,pike, highway, statute labour or private road, so as to be incon- 
 venient in the construction or building of said rail road, or in the 
 discretion of the Directors of the said Company, dangerous to 
 persons passing on such turnpike, highway, statute labour or 
 private road, it shall be lawful for tiie said Company to alter and 
 o|»ange the line or course of such turnpike, highway, statute labour 
 or private road, so as to obviate any such inconvenience, difficulty 
 Of danger, doing as little injury to such turnpike, highway, statute 
 labour or private road, as may be. 
 
 XXXIX. And be it enacted. That the immediate government 
 mpd management of the aflairs of the said Company shall be vested 
 in seven, nine or thirteen Directors, as the said Company may by 
 bye law from time to time fix and determine, who shall be pro- 
 prietors of at least forty shares each, and wiio shall be chosen by 
 the shareholders of the said Company in the manner hereinafter 
 
 Srovided, and shall hold their offices until others shall have been 
 Ijly elected and qualified to take their places ; that not less than 
 tteee or five Directors, as the said Conjpany shall by bye law from 
 tune to tune fix and determine, shall constitute a Board for the 
 tlUnsaction of business, of which the President shall always be one, 
 except in case of sickness or necessary absence, in which case the 
 Directors present may choose one of their number as Chau..ian in 
 
 17 
 
 Boards with a 
 printed caution to 
 De put up at the 
 crossing of roads. 
 
 Company may altei 
 and turnpike any 
 other road instead of 
 eroBsing on a level. 
 
 Company aflfairs to 
 be managed hy a 
 Board of Directors. 
 
 Board for business 
 
n 
 
 18 
 
 Number of votes to 
 be given by share- 
 holders ascertained 
 
 Votes by proxy. 
 
 First meeting of the 
 shareholders to be 
 held at Saint John, 
 when £100,000 are 
 subscribed. 
 
 Jet incorporating the European and 3 
 
 liis stead ; that the President shall vote at the Board as a Director, n XLII. . 
 and in case of their being an equal number of votes for and against %e power ( 
 any question before them, the President shall have the casting vote. #hen they 
 
 XL. An"d be it enacted, That the number of votes which each itominatina 
 shareholder shall be entitled to on every occasion when in con- ij^d other i 
 formity to the provisions of this Act the votes of the shareholders ot rates of i 
 are to be given, shall be in the following proportions, that is to say, nbject to tl 
 each share one vote ; and all shareholders may vote by proxy if Md the shi 
 they shall see fit, provided each proxy do produce from liis con- Jtter and ai 
 stituent whom he shall represent, or for whom he shall vote, an ^Dns, for tli 
 appointment in the form set forth in the Schedule B to this Act Aiid Railwi 
 annexed, or to the like effect ; and whatever question of election tibned, and 
 of public officers or other matters or things shall be proposed, dis- fHier persoi 
 cussed or considered in any public meeting of the said Company nt the said i 
 under the authority of thi.s Act, shall be determined and decided rfb.ll seem i 
 by the majority of votes and proxies then and there present ; pro- itt into wri 
 vided always, that such proxy shall iiave been registered in a bookghall, if not 
 to be kept for that purpose at least forty eight hours before the afctrator of 
 meeting at which such proxy shall claim to vote ; provided also,ii hereinbei 
 that neither the President nor any Director of the Company for theR'edericton, 
 time being, shall be allowed to vote as proxy, and that the samein the City 
 person shall not vote as proxy for any number of persons whoall parties, i 
 together shall be proprietors of more than two hundred shares. alt persons '■ 
 
 XLil. And be it enacted, That whenever one hundred thoi.sand XLIII. A 
 pounds of the said capital stock shall have been subscribed and thenwet annua 
 deposits paid as aforesaid, the first general meeting of the share-September 
 holders shall take place at the City of Saint John, and sucliWovince in 
 meeting shall be called by Daniel J. M'Laughlin, President of thedaler mined 
 Commercial Bank above named, or in case of his death, absence.the shareliol 
 neglect or refusal, by any two of the said Company, to be calledtffrfiie in ofF 
 by notice in the Royal Gazette at Fredericton, and in one or morethtm, or mi 
 of the Newspapers published in Saint John, thirty days previous tuftlithose not 
 such meeting, in order to organize the said Company, make byftoitneet sha 
 laws, and to choose the Directors thereof, who shall continue ii»rirds callec 
 office until re-elected, or others chosen and appointed in theiiQiiinpany fti 
 stead, at any meeting to be held under the authority of this Act KLIV 
 that the shareholders present or appearing by proxy shall choo.s|^BiieraI niee 
 the Directors of the said Company by a majority of vote.s, and tlitin like man 
 Directors so chosen shall choose out of their number one who shnllhfr annual 
 be President of the sai.i Company ; and in case of the deatlntter, the C- 
 resignation, removal, disqualification by sale of stock, or incompedte" place of 
 tency of any Director, the remaining Directors, if they thinlpBVision hi 
 proper so to do, may elect in his place some other shareholder dii!;Jlipg neith 
 qualified to be o Director, and the shareholder so elected to fill ii3<liKinue to 
 any such vacancy, shall continue in office as a Director so long on\Wf^ one of 
 as the person in whose place he shall have been elected would havSiit instanc 
 been entitled to continue if he had remained in offiice. tile agree, 
 
 IlB' annual 
 
North American Raihoay Company. 
 
 19 
 
 s a Director, n XLII. And be it enacted, That tlic said Directors shall have 
 
 ■ and against %e. power of calling extraordinary meetings of the said Company, 
 casting vote. #hen they may consider the same expedient or necessary, and of 
 } which each itominating and appointing all and every the ofTicers and engineers 
 rhcn in con- iljid other persons connected with the said Railway, at such salaries 
 
 shareholders ^ rates of remuneration as to the said Directors shall seem proper, 
 hat is to say, Hbject to the bye laws, rules and regulations of the said Company ; 
 
 by proxy if iful the shareholders shall have the power from time to time to 
 rom liis con- ater and amend, or to make such wqw rules, bye laws and regula- 
 hall vote, an flbns, for the good government of the said Company, and of the 
 \ to this Act liid Railway, and of the works and property hereinbefore men- 
 »n of election tfbned, and for the well governing of the engineers, workmen and 
 proposed, dis- ^er persons employed by the said Company, as to tiie major part 
 aid Company of tiie said shareholders at the annual meeting of the said Company 
 
 and decided 4m\\ seem meet ; which said rules, bye laws and regulations, being 
 present; pro- ^t into writing under the Common Seal of the said Company, 
 !red in a book«hall, if not disapproved of by the Lieutenant Governor or Admi- 
 urs before thealBtrator of the iJovernment iri this Province for the time being, 
 provided also,ii hereinbefore provided, be published in the Royal Gazette at 
 mpany for theRredericton, and also in one or moro of the Newspapers published 
 that the samein the City of Saint .'ohn, shall be binding upon and observed by 
 ' persons whoall parties, and shall be sufficient in any Court of Law to justify 
 ea shares. all persons who shall act under the same. 
 
 idred thousand XLIIl. And be it enacted. That tlie said shareholders shall 
 icribed and theweet annually at the City of Saint John on the first Tuesday in 
 
 of the share-September in each year, or at such other time or place in this 
 )hn, and sucliWovince in eac)» year as may from time to time be fixed and 
 resident of thedotermined by any bye laws of said Company ; at which meeting 
 eath, absence.Ihe shareholders present, personally or by proxy, may either con- 
 y, to be calledtfi^e in office the Directors before appointed, or any number of 
 in one or morethtm, or may elect a new body of Directors to supply the places 
 ays previous tiK^ithose not continued in office ; provided always, that *he omission 
 iny, make byitottneet shall work no forfeiture, but the shareholders may be after- 
 all continue irnNkrds called together for that purpose by the Directors of the said 
 minted in theiiQuinpany for the time being. 
 
 ty of this Act. .;KLIV". And be it enacted, That the said Company at the first 
 xy shall choosl^lllK'ral meeting for the choice of Directors shall elect two Auditors 
 
 ■ votes, and tliin like manner as is provided f(tr the election of Directors ; and at 
 rone who shnlttup annual general meeting of the Company in each year there- 
 ; of the deatlillter, the C^)mpany shall in like munner elect an Auditor to supply 
 jk, or incompctJte' place of the Auditor then retiring from office according to the 
 
 if they thinlfiOVision hereinafter contained ; and every Auditor so elected, 
 hareholder diil.'HiBg neither removed or disqualified, nor having resigned, shall 
 Mected to fill u^tHinue to be an Auditor until another he electeil in his stead ; 
 3tor so long oiil;iii one of the two Auditors first elected (to be dettrinined in the 
 ted would haviHt instance by ballot between themselves, unless they shall other- 
 ice. "^ fgree, and afterwards by seniority) sliall go out of office at 
 heannual general meeting in each year ; but the Auditor so going 
 
 Directors may call 
 
 fxtmordiiiary iuf>et> 
 int;s, ,111(1 ni)[)oint 
 ollicers. 
 
 SliarcliolJer.-i em- 
 uuwt'riul to make 
 Dye laws at the 
 annual meeting. 
 
 To be publislioJ, 
 and bindiiifj, it' not 
 (liRa[)prnvp<l by the 
 Lieut. Governor. 
 
 Annual meeting. 
 
 Appointment of 
 Directors. 
 
 Two Auditors to be 
 appointed iU die 
 first annual inrctinf, 
 and one at each 
 meeting iliereaiter. 
 
 One Auditor to go 
 out (-.[('h \ (■:ii', but 
 to bo re-f'li^dble. 
 
20 
 
 Periodical account* 
 and balance sheets 
 to be submitted to 
 the Auditors, who 
 shall report on or 
 contirm the same. 
 
 Officers entrusted 
 with the custody of 
 money to give 
 security. 
 
 Officers to render 
 accounts and 
 vouchers when 
 required, and pay 
 over balances. 
 
 On failure, officers 
 may be cited before 
 two or uioie Jus- 
 tices of the Peace, 
 who may determine 
 the matter in a 
 suiiiinary way. 
 
 Act incorporating the European and 
 
 out sliall be immediately re-eligible, and after any such re-electinr 
 shall, with respect to the going out of office by rotation, be deemed a 
 new Auditor ; and if any vacancy take place among the Auditors 
 in the course of the current year, the vacancy shall be filled by th« 
 shareholders at a special meeting ; provided always, that even 
 Auditor shall have at least one share of stock in the said Company 
 but shall not hold any other office in the same, or be in any other 
 manner interested in its concerns except as a shareholder. 
 
 XLV. And be it enacted, That the Directors of the Compain 
 shall dtliver to such Auditors the half yearly or other periodica; 
 accounts and balance sheet, at least fourteen days before the annnai 
 general meeting, or before any special or periodical meeting ai 
 wiiich the same are required to be produced to the shareholders 
 and it shall be the duty of the Auditors to receive and examim 
 such accounts ; and it shall be lawful for the Auditors to emplo) 
 such accountants and other persons as they may think proper, a; 
 the expense of the Company, and they shall either make a specia 
 report on the said accounts, or simply confirm the same ; and snct 
 report or confirmation shall be read, together with the Report *< 
 the Directors, at every annual or half yearly or special meeting a: 
 which the accounts of the Company shall be presented. 
 
 XLVI. And be it enacted. That before any person entruste 
 with i'le custody or control of moneys, whether Treasurer, Collec 
 tor, or other officer of the Company, shall enter upon his offlici: 
 the Directors shall take sufficient security from him for the faithfu 
 execution of his office. 
 
 XLVll. And be it enacted. That every officer employed by tli 
 Company shall from time to time, when required by the Director- 
 make out and deliver to them, or to any person appointed by ther 
 for that purpose, a true and perfect account in writing under hi 
 hand, of all moneys received by him on behalf of the Company 
 and such account shall state how, and to whom, and for wk 
 purpose, such moneys shall have been disposed of ; and togethf 
 therewith, such officers shall deliver the vouchers and receipts fi 
 such payments ; and every such officer shall pay to the Director 
 or to any person appointed by them to receive the same, all mone) 
 which shall appear to be owing from him upon the balance of sue 
 accounts. 
 
 XLVIII. And be it enacteti, That if any officer of the Con 
 pany shall fail to render such account, or to produce and deliv 
 up all the vouchers and receipts relating to the same, which arei 
 his possession or power, or to pay tlie balance due by him wlie 
 required, or if for three days after being required, he fail to deHv 
 up to the Directors, or to any person appointed by them to recei^ 
 the same, all papers and writings, property, effects, matters an 
 things in his possession or power, relating to the execution of li 
 office or belonging to the Company, then on complaint there 
 being made to a Justice of the Peace, such Justice shall sumnio 
 
 inch officf 
 
 {lace to b 
 pon uppe 
 rit' Sunin 
 tiown pi) 
 Ibiiitter in 
 •wing by 
 llii(;li officf 
 ^lut any i 
 #r owing 
 iflicer to 
 pe lawful 
 hv distres 
 piere to n 
 finless the 
 XLIX. 
 In make d 
 Hie Jnstic 
 #0 delivei 
 lliiitters Oj 
 C-iinpaiiy 
 tlit-re to rt 
 and receij, 
 accounts,! 
 «»fl[t'ct8, ni 
 iK'loii'iing 
 ik other p( 
 that he 1)8 
 Jii.s dejxisii 
 •ITicer as 
 kelbre whi 
 fions, to i 
 hxd\ Juijti 
 #iiill ko<'| 
 before hrii 
 fte Jiistic 
 <lis('hiirj/;e 
 fcis (Iftciit 
 He, to b(> lir 
 |b the ordi 
 Jfn.stic'<' toi 
 pliiiiit of I 
 ;) \,. A IK 
 4k'iiliiig w 
 4kiy rtMiiet 
 tfr iiiiy sni 
 -v VX. A I 
 Wbrnit to 
 
North American Railway Company. 
 
 21 
 
 Buch re-electlor 
 on, be deemed a 
 ng the Auditor! 
 be filled by the 
 avB, that even 
 ^ said Company 
 be in any other 
 'holder. 
 
 jf th" Companj 
 other periodica; 
 efore the annna> 
 ical meeting ai 
 »e shareholders 
 ire and exaniint 
 Jitors to emplo) 
 think proper, a 
 ' make a specia 
 »ame ; and snci 
 ,h the Report *< 
 ecial meeting a: 
 snted, 
 
 »erson entrust? 
 
 easurer, Collec 
 
 upon his office 
 
 u for the faithfu 
 
 employed by tli 
 •y the Director; 
 pointed by tlier 
 i^riting under hi 
 
 the Company 
 J, and for whs 
 if ; and togethe 
 
 and receipts fi 
 to the Director 
 same, all raonc 
 
 bait) nee of sue 
 
 er of the Con 
 duce and deliv 
 Tie, which are i 
 lie by him whf 
 he fail to deliv 
 them to recei^ 
 cts, matters an 
 execution of li 
 omplaint there 
 ce shall sumnio 
 
 usal lo ri'iiuer 
 
 Inch olTicer to appear before two or more Justices at a time and 
 
 {lace to be set forth in the Summons, to answer such charge ; and 
 pon appearance of such olficer, or in his absence, upon proof that 
 fie Sunmioiis was personally served upon him, or left at his last 
 nown place of abode, the Justices may hear and determine the 
 Inutter in a summary way, and may adjiis': and declare tlie balance 
 
 fwiiig by sncli officer ; and if it appear either upon confession of 
 tich officer, or upon evidence, or upon inspection of tlie account, 
 ||liat any moneys of tlie (^»nlpany are in the liaiids of such officer, 
 #r owing hy hint to tiie Company, the Justi'^es nmy order such 
 idicer to pay the same ; and if lie fail t<» pay the amount, it shall 
 pe lawful fur such Justices to grant a Warrant to levy the same 
 jfey distress, or in default thereof to commit the oflViulfr to gaol, 
 fiiere to remain without bail for u period not exceeding two months 
 linless the same be sooner paid, 
 
 XlilX. And be it enacted, That if any such olficer shall refuse O'lreius 
 to make out iin account in writin", or to or(Mluce and deliver to I'Lfiiius, .Vf. the 
 Hie Justices tlie several vouchers and receipts rt'luting thereto, or mit the officer 
 |o deliver up any books, papers or writings, property, effects, '"«"•' 
 matters or things in his possPSi>inn <n* power, belonging to the 
 C.nnpany, th(» Justieos may lawfully commit such officer to gaol, 
 tlit-re to reniuiii until he shall have delivered up all the vouchers 
 •nd receipts, if any, in his possession or power, relating to such 
 accounts, and have delivered up all b(»ok.s, papers, writings, i)roperty, 
 effects, matters and things, (if any) in his possession or power, 
 belonging to the Company ; provided always, that if any Director a Wiirrammay he 
 #• other perfini acting on behalf of the Companv, shall make oath '"I"";! ';!' "!'""^''''!' 
 
 ^t_ \ 1 , II J • 1)1 IxMii^tot iMteiitiun 
 
 that lie lias good reason to believe, upon grounds to be stated in to ahscond. 
 Ilis dej>osition, and does believe that it is the intention of any such 
 Hfficer as aforesaid to abscond, it shall be lawful for the Justice 
 kefore whom the comphiiiit is made, instead of issuing his Siim- 
 pons, to issue his Warrant for tin bringing sut-h officer before two 
 ilJch JiiKtices as aforesaid ; but no jieraoii executing such V\' arrant 
 ifiall keep such officer in custody longer than twenty four hours 
 before bringing liiin before some Justice, and it shall be lawful for 
 fte Justice before whom such officer may be brouyht, either to 
 Jiscluirge such officer, if he think there is no sufficient ground for 
 fcis detention, or to onI;'r such olficer to be detained in custody, so 
 i(S to be l)rought before two .Instices at a time and place to Ije iiaine<l 
 jto the order, unless sneh olficer give bail to the satisfaction of the 
 ilnstice f<tr his appearance before the Justices, to answer the coiu- 
 ^^aillt of the Conijmny. 
 
 1 {,. And be it enacted, 'I'lnft no Piich proceeding against or I'loi I'edm-s n.'aiust 
 dealing with any cdficer h« at^^iresaid, shall deprive the f^ompauy of pr-v;:7h"''r;'mn'i'm.,v 
 (liy remedy which they might otherwise have against such olficer «.f (ith.rrLinedx. 
 •r any surety of such officer. 
 
 ■V LI. And lie it enacted, Tlint the said Company shall annually ^\V'?v','r''' 1'',''"''-^' 
 •ubniit to the Legislature, within the first fifteen (i?>vs after the 
 
IjK 
 
 22 
 
 ppnded to !)<> laid 
 before the Legis- 
 lature. 
 
 Hetunisi of traffic to 
 be made to tl;e I'ro- 
 
 viiiclnl :ici-rctarv. 
 
 Power to call extra- 
 ordinary nieeiings 
 of tlie Company. 
 
 Thirty days no'' 
 by advertisement to 
 be given of all mcel- 
 injrs of the Com- 
 pany. 
 
 Toll grniitcd to lliD 
 Company. 
 
 Act incorporating the European and 
 
 opening of each Session, a detailed and particular account, attestec 
 upon oath of tlie Treasurer and two Directors, of the monpy> 
 received and expended hy the Company under and by virtue oi 
 tins Act, with a statement of tlie ansount of tonnage and o; 
 pas.sengers that have been conveyed along the said road. 
 
 LI I. And be it enacted, Th'it the Lieutenant Governor in 
 Council may order and direct the said (^ompany, and whereupni 
 it shall he their dnty to niake up and deliver to the Provincia,! 
 Secretary, Heturns, according to a form to be from time to tinn 
 prescribed by the Lieuteimnt f iovernor in Council, of the aggregat 
 traffic in pas.sengers, according to their several classes, and of tlh 
 aggregate traflic in cattle and goods respectively, i.ii the ouiii 
 Railway, as well as of all accidents which have oci'iv;red i>.ereoi: 
 attended with personal injury, and also a tabk of ;.!' »■ ^1;.. iati> 
 and charges, fioni time to time levied on each class of passengerv 
 and on cattle and goods, conveyed on the Ptid li.iil ;.». 
 
 HI!. And be it enacted, 'Miat it ^liall ^" Uiwfnl foi any numbei 
 of vsliareholdeis hoMing in the iiggreg.''' t' e hundred shares, by 
 writing under their hands, at any time to require the said Director 
 to call an extraordinary nieetJng of the said Company, and sncL 
 requisition shall fully express tiie object of the fneeting required t 
 be called, and shall be left at the oirice of the said Company, oi 
 given to at least three D rectors, or left at their la.st or usual placr 
 of abode ; and forthwith upon the receipt of such requisition, tin 
 said Directors shall convene a meeting of the shareholders ; and i: 
 for tlurty days after such notice the Directors fail to call suc'i 
 meeting, the shareholders af»)iesaid, qualified as aforesaid, may Cii! 
 t'l' h meeting, by giving thirty days public notice thereof in tht 
 Gazette and Newspapers hereinbefore in this Act mentioned. 
 
 LIV^. And be it enacted, 'I'hat thirty days public notice at thr 
 least, of all meetings, whether general or extraordinary, shall b 
 given by advertisement in the Gazette and Newspapers hereinbeforr 
 in this Act mentioned, which sha'l specify the place, the day aiii. 
 hour of meeting ; and every notice of an extraordinary meetiii; 
 shall specify the purpose for which the meeting is called. 
 
 LV. And be it enacted, That a toll be and is hereby grante: 
 for the sole benefit of tiie said Company on all passengers aii' 
 property of all descriptions, which may be conveyed or transports' 
 upon such Railway, uv .f its branches, or in the steam boats o: 
 vfssels connected there", u; j aforesaid «' sucli liaes per mile ii 
 may be established ,• ti. w >. : tim;" b^ lae Directors of the stii^ 
 (]'nnipany ; the trauojjoi tation of persons and property, the con 
 stniction of cars and carriages, the weight of loads, and all otli' 
 matters and things in relation to the use of the said Railway an 
 its branches, sliail be in conformity to such rules, regulations an 
 provisions, as the said Directors sliall from time to time prescri'»r 
 and direct; and snch Railway and its branches may be used 1 
 any person or persons who may comply with such rules and f -gu- 
 
count, attesteii 
 
 )f tlie money. . 
 
 A by virtue oi f 
 
 •niinge and n: «, 
 road. 
 
 t Governor ii! 
 »nd wherenpni 
 the Provinciii ^ 
 
 ni time to tinif J 
 
 t" tl>e aggregat' ' 
 
 sps, and of tlh ^ 
 
 , I'll !l;e ciiiil f 
 
 •cpvi-Pil jiiert'oii -', 
 
 .'" ..M.. lat.-, , 
 
 i 1)1 passingerj . 
 
 foi any niimbei 
 Ifpd shares, bv 
 
 said Director 
 )any, and snc! 
 
 ing required t 
 1 Company, oi 
 ; or usual plaa 
 requisition, tin 
 holders ; and i 
 til to call sucli 
 ■esaid, may en! 
 
 thereof in tlit 
 iientioned. 
 ic notice at tli: 
 linary, shall b 
 ershereinbeforf 
 3e, the day an. 
 dinary meetiii; 
 ailed. 
 
 hereby grants: 
 pa.ssengers aii' 
 I or transporte 
 
 steam boats o: 
 dea per mile a^ 
 tors of the sai' 
 perty, tiie con 
 !, and all otli' 
 } Haihvay ai 
 regulations jui 
 
 time prescriV 
 nay be used 1 
 ules and i -gU' 
 
 North American Rniiwai/ Cotnpani/. 
 
 ipli 
 
 alv 
 
 th 
 
 if 
 
 th 
 
 the said 
 
 lations ; provii 
 
 Railway, the rates, tolls or dues that may be established by the 
 said Company, under ami by virtue of this Act, shall be found 
 excessive, it shull and mav be lawful for the Legislature to rf<luce 
 the said rates, ImIa ')r dues, so .s the same shall not priuliice to the 
 said Company a greater rate of clear net annual profits, divisible 
 upon the subs( , 'n'd and punl up capital stock of the said ('onipany, 
 than fifteen pounds annually for evt^rv one hundnd pounds of such 
 capital ; and in order that the true state nf the said {'oinpany .«»liall 
 be known, it shall be tlie duty o| the I'rt'sulcnt and Directors 
 thereof to file in the OHiee of tin- .Se(;retary of the Province, for 
 the information of tlie Legislature, at the expiration of seven years 
 after the said Uailvvuy sliall have been complfd ,1 as aforesaid, a 
 just and true statement and account of the inon^vs bv them 
 disbursed and laid out in making and completin:^ thr said Railway 
 in manner aforesaid ; and also tlie amount of tolls ami revenues of 
 the said llailway, and of tlie annual expenditure and disbursements 
 in maintaining and keeping up the same during the said seven 
 years ; tlie said several accounts and stutements to lie signed b) 
 the President and Treasurer of the saiil Ci 'npair., and by such 
 President and Treasurer attested toon oath !■ fore itny one of Her 
 Majesty's .Justices of the Peace for any Com, y in this Province ; 
 and provided also, that it shall be the duty « . the said President 
 and Directors of the said Coin|)any, once in i ich and every year 
 after tlie expiration of the said seven years, 'o file in the said 
 Odice of the Secretary of the said Province, fir the information 
 of the Legislature, a like statement and a(!couii , verified on oath 
 by the President and Treasurer as aforesaid. 
 
 LVL And be it enacted, That the said ('orpo; ition, after they 
 shall commence the receiving of tolls, shall be l)i.iin(l at all times 
 to have their Rail Road in good repair, and a snlTl lent number of 
 suitable engines, carriages and other vehicles, for th ' transportation 
 of persons and articles, and be obliged to rec>'i\ at all proper 
 times and places, and convey the same, when the ii|»propriate tolls 
 therefor shall be paid and tendered, and a lien is liereby created 
 upon all articles tran.sported for said tolls. 
 
 LVU. And be it enai^ted. That whatever may I-e the rate of 
 divisible profits on the said Railway, it shall be l.iwful for IJer 
 Majesty's Government, if it shall think tit, subject to ■ le provisions 
 hereinafter contained, at any time after the expuatiu: of the term 
 of twenty one years, to purchase the said Railway, with all its 
 hereditaments, stock and appurtenances, for the use if this Pro- 
 vince, upon giving to the said (Jompany three calei dar months 
 notice in writing of such intention, and upon paynniit of a sum 
 equal to twenty five years purchase of the annual divisible profits, 
 estimated on the average of the seven then next prectM^ng years ; 
 l)rovided that if the averagi? rate of proiits lor the said .- ven years 
 shall be less tluiu the rate of fifteen pounds in the oi..' hundred 
 
 23 
 
 Til'; raiea may be 
 reducivl iffounj to 
 be excebiive. 
 
 i^tatomont of ex- 
 [M'n.'ios and receipts 
 to bf rileii in tlie 
 Pi', iir'.al Sucre- 
 tar; . ^ce lor the 
 iiirornia ■< of the 
 Leijiilai 
 
 ObUjation to liu . 
 lie lluil Hoad ■ 
 iiDod repair, &.: 
 at'ter comiiienci; 
 
 iiioiit ot'reoeint '• 
 tuU.s. 
 
 Lien "ranted. 
 
 Ilit;lit of purclia.sing 
 tlie Railway aii<l its 
 appurtenance.^ 
 re.served to Her 
 Majesty's Goverii- 
 luent. 
 
24 
 
 Act incorporating the European and 
 
 Mails, guards, ifcc, 
 to be forwarded on 
 tile Railway iiiuler 
 
 IM. 
 
 I' I 
 
 pounds, it shall be lawful for the Company, if they should be of 
 opinion that the said rate of twenty five year: purchase of the said 
 average profits is an inadequate rate of purchase of such Railway, 
 reference being had to the prospects thereof, to require that it shall 
 be left to arbitration, in case of difference, to determine what 
 (if any) additional amount of purchase money shall be paid to the 
 said Company ; provided also, that such option of purchase shall 
 not be exercised, except with the consent of the Company, while 
 any such revised scale of tolls, fares and charges shall be .in force. 
 LVIII. And be it enacted, That it shall be lawful for the 
 Postmaster General or his Chief Deputy, or the duly authorized 
 the direction of the autiiorities with reference to the Post Office in this Province, by 
 iWmasterGeneral. ^j^jj^^ j^^ writing Under his luuid or under tiie hand of such Deputy 
 or authorized authority as aforesaid, delivered to tiie said Company, 
 to require tliat the Mails or Post Letter Bags shall from and after 
 the day to be naued in such notice (being not less than twenty 
 eiaht days from the delivery thereof) be conveved and forwarded 
 by the said Company on their Railway, either by the ordinary 
 trains of carriages or by special trains as need may be, at such 
 hours or times in the day or night, as the Postmaster General or 
 his said Deputy shall direct, together with the guards appointed 
 and employed by the Postmaster General or his said Deputy, in 
 charge tliereof, and any other officers of the Post Office ; and 
 thereupon tiie said Company shall from and after the day to be 
 named in such notice, at their own costs, provide sufficient car- 
 riages and engines on the said Railway for tiie conveyance of such 
 Mails and Post Letter Bags, to the satisfaction of the Postmaster 
 General or his said Deputy, and receive and take up, carry and 
 convey by such ordinary or special train of carriages or otherwise, 
 as need may be, all sticli Mails or Post Letter IJags as shall for 
 that purpose be tendered to them, or any of their officers, servants 
 or agents, by any officer of the Post Oflice, and also to receive, take 
 lip, carry and convey, in and upon the carriage or carriages carrying 
 such Mails or Post l^etter Bags, the guards in charge thereof, and any 
 other officer of the Pot OlTice, and she.ll receive, take up, deliver 
 and leave such Mails or Post Lietter Bags, guards and officers, at 
 such places in the line of such Railway, on such days and such 
 hours or times in the day or night, and subject to all suvh reason- 
 nble regulations and restrictions as to speed of travelling, places, 
 times and duration of stoppages and times of arrival, as the Post- 
 master (ireneral or his said Deputy shall in that behalf from time 
 to time order or direct ; provided always, that the rate of speed 
 required shall in no case exceed the maximum rate of speed pre- 
 scribed by the Directors of the said Com|)aiiy for th.' conveyance 
 of passengers liv their first class train, nor shall the (^mipany be 
 responsible for the safe custody or delivery of any Mail Bags so 
 sent, 
 
 Ordiian 
 or times 
 trains o 
 HUthori/ 
 Coinpai 
 ypj reasona 
 nutlioris 
 olTieer i 
 betweer 
 
 It! 
 
 ii % 
 
North American Railway Company. 
 
 25 
 
 should be of 
 se of the said 
 ich Railway, 
 
 that it shall 
 
 ermine what 
 
 le paid to the 
 
 nrchase shall 
 
 upany, while 
 
 II be .in force. 
 
 nftil for the 
 
 ly antliorized 
 
 Province, by 
 
 such Deputy 
 
 lid Company, 
 
 •om and after 
 
 than twenty 
 
 nd forwarded 
 
 the ordinary 
 
 ' be, at such 
 
 r (-Jeneral or 
 
 ds appointed 
 
 1 Deputy, it) 
 
 OfTice ; and 
 
 he day to be 
 
 luflRcient car- 
 
 y^ance of such 
 
 e Postmaster 
 
 ip, carry and 
 
 or otherwise, 
 
 ;3 as shall for 
 
 L'ers, servants 
 
 receive, take 
 
 ftqes carrying 
 
 *reof, and any 
 
 ;e up, deliver 
 
 d oiFicers, at 
 
 ays and such 
 
 sutjh reason- 
 
 lling, places, 
 
 as the Post- 
 
 ilf from time 
 
 "lite of S|)eed 
 
 of speed pre- 
 
 ' conveyance 
 
 Company be 
 
 Vlail Hugs so 
 
 LIX. And be it enacted, That the said Company shall be Cdrnponkmion to bo 
 entitled to such reasonable remuneration, to be paid by the Post- '''""' '.'^' "Frecmcnt 
 master iTeneral or his Deputy tor tlie conveyance of sucii Mans, 
 Post Letter Bags, Mail guards, and other ofTicers of the Post 
 OfTice, in manner required by such Postmaster General, his 
 Deputy, or by such authorized authority of the Post OfTice as he 
 sliall in that behalf nominate as aforesaid, as slmll (either prior to 
 or after the commencement of such service) be fixed and agreed 
 upon between the Postmaster General or stich authorized authority 
 and the said Company, or in ease of difference of opinion between 
 Hien), the same shall be referred to tiie award of two persons, one 
 to be named by the Postmaster General, or his Deputy, or such 
 authorized authority, and the otiier by tlie said Company ; and if 
 such two persons cannot agree on th« amount of such remuneration 
 or compensation, then to the umpirage of some third ])er,soi), to be 
 appointed by sucli two first named persons, previously to their 
 entering upon the inquiry ; and the said award, or un-pirage, as 
 the case nniy be, shall be binding and conclusive on the said parties 
 and their respective successors and assigns. 
 
 LX. And be it enacted. That in all refe-ences to be made under Nomiiiatiou -larbi. 
 the authority of this Act, the Postmastei eneral, his Deputy, or "a''"'' ^-id umpires. 
 authorized authority, or the said ('ompany, as the case mav be, 
 shall nominate his or their arbitrators within fourteen days after 
 notice from the other party, oi- in default, it shall be lawful for the 
 arbitrator appointed by the party giving notice, to name the other 
 arbitrator, and such arbitrators shall proceed forthwith in the 
 reference, and make their award therein within twenty eight davs 
 alter their appointment, or otherwise the matter shall be left to be 
 determined by the umpire, and if such umpire shall refuse or 
 neglect to proceed and make his award for the space of twenty 
 eight days after the matter slnill have been referred to him, then a 
 new umpire shall be appointed by the two first named arbitrators, 
 who shall in like manner proceed to make his award within twenty 
 eight days, or in default be superseded, and so lntii>i< f/nnfirn. 
 
 liKl. And be it eruicted. That the Directors of the said H'l- M!i.i''fii.vs 
 
 C-» I II 1 I 1 . • 1 1 1' . I I'^(»ri:ce (»i iho Line, 
 
 ompauy shall be bound to provide such conveyance tor the .v.., t<. b.' (oiiv.voa 
 
 Officers and S,)ldiers of Fler Majesty's Forces of the [iiiie, ^^ii'." r.'.iuire.J. ' 
 
 Ordnance Corps, Marines, Militia or Police Forces, at such time 
 
 or times (vvhether the same shall be the usual hours of starting 
 
 triiiiis or not) as shall be re(]iiired or appointed by any oflicer duly 
 
 authorized for tlnit purpose, and with the whoh; resources of the 
 
 Conijtany ; and the said Com[)any shall be entitled to recn-ive such 
 
 reasonable rtMuuneratioii, to be paid by such odieer or the authority 
 
 niitlioriziiig him, as shall be fixed and agreed upon between siu.'h 
 
 ollieer or autliority and tlu> said Company, or in case of dilVerenee 
 
 between them, the same shall be referred to the award of two 
 
 persons, one to be named iiy such officer or authorized authority, 
 
 und the other by the said Coiujiany, in like manner in all respects 
 
26 
 
 Act incorporating the European mid 
 
 t 
 I 
 
 Co.iipany may alter 
 the rates of cliarucs, 
 tio as to bo u ;ij;il to 
 all alike. 
 
 Oliliiraiiiui topeniiit 
 a line of Eloctriial 
 Ti'li.'j;rapli to hu laid 
 down (or and hy 
 Her Majesty's 
 Governiiieiit. 
 
 Half yearly ilivi- 
 detids of the protiln 
 to be made. 
 
 Rcceiptrt of guar 
 diaiis of iiiliiors and 
 roiinnillee of 
 
 I'l^ 
 
 as is provided in and by the fiftieth and fifty first sections of this 
 Act for determining the remuneration and compensation for car- 
 rying Mails. 
 
 LXII. And be it enacted, Tiiat the Directors of the said 
 Company shall be and they are liereby authorized from time to 
 time to alter or vary the tolls to be taken upon the said Rail Road 
 or its branches, as they shall think fit ; provided that all such tolls 
 be at all times charged equally to all persons, and after the same 
 rate, nhether per ton, per mile, or otherwise, in respect to all 
 passengers, and of all goods, chattels or carriages of the same 
 description, and conveyed or propelled by a like carriage or engine 
 passing only over the same portion of the line of Railway under 
 the same circumstances; and no reduction or advance in any such 
 toll shall be nuidc, either directly or indirectly, in favour of or 
 against any particular company cr person travelling upon or usi:ig 
 the Railway. 
 
 liXlll. iAnd be it enacted, That the said Company, on being 
 required so to do by Her Majesty's (Tiovernment, shall be bound to 
 allow any person or peisons duly authorized by Her Majesty's 
 Government, with servants and workmen, at all reasonable times 
 to enter into and upon the lands of the said ('ompany, and to 
 establish and lay down upon such lands adjoining the line of the 
 said Railway or any of its branches, a line of Electrical Telegraph 
 for Her Majesty's Service, and to give to him and them every 
 reasonable facility for laying down the sanie and for using the same 
 for the purpose of receiving and sending Messages on Her Majesty's 
 [Service, subject to such reasonable remuneration to the Company 
 as mnv be agreed upon between the Company and Her Majesty's 
 Government ; provided always, that subject to a |)rior right of use 
 thereof for the purposes of Her Miijesty, siich Telegraplj may be 
 used by the Company for the purposes of the Railway, upon such 
 terms as may be agreed uixni between the parties, or in the event 
 of difTerences, as nniy be settled by arbitration, in like nniinier as 
 is provided for in the fiftieth and fifty first sections of this Act for 
 fixing the compensation or remuneration to this Company for 
 carrying Mails. 
 
 LXIV. A<iil be it enacted. That the Directors of the said 
 (/'ompany shall nnike half yearly dividends of tolls, income and 
 profits arising to the said Company, first deducting thereout the 
 annual costs, charges and expenses of the said Comi)any, as well 
 of the repairs of the works belouiiing to them, as for tlie .'Salaries 
 and allowances of the .several oflicers and servants, and for such 
 other purposes connected with the said Com|)aiiyas nuxy be deenu'd 
 proper by the said Directors, consistent with the bye laws, rules 
 and regulations of the said ("ompany. 
 
 liXV. And Ije it enacted. That if any money be payable from 
 the said Com|)any to any shareholder or other piM'soii being a minor, 
 idiot or liinatii', the receipt of the guardian of such minor, or tho 
 
 
 "^ 
 
 If 
 
tions of this 
 tion for car- 
 
 of the said 
 om time to 
 1 Rail Road 
 ill such tolls 
 er the same 
 spcct to all 
 )f the same 
 H^ or engine 
 ilway under 
 in any such 
 favour of or 
 [)on or using 
 
 \y, on being 
 
 be bound to 
 •r IMaiestv's 
 onable times 
 pany, and to 
 e line of tlie 
 il Telegrapli 
 
 them every 
 ing the same 
 er Majesty's 
 he Company 
 er Majesty's 
 ■ right of use 
 raph may be 
 y, upon suoli 
 
 in the event 
 :e munner as 
 
 this Act for 
 <ompany for 
 
 of the said 
 
 income and 
 
 thereout tiie 
 
 luiy, as well 
 
 tlie Siilaries 
 
 iind for such 
 
 ly be deemed 
 
 ' laws, rules 
 
 )ayable from 
 i'ing a minor, 
 ninor, or the 
 
 North American Railway Company. 
 
 receipt of the committee of such lunatic, shall be a sufficient dis- 
 charge to the said Company for the same. 
 
 LXVI. And be it enacted, That before apportioning the profits 
 to be divided among the shareholders, the said Directors may, if 
 they think fit, set aside thereout such sum as they may think 
 proper to meet contingencies, or for enlarging, repairing and 
 improving the works connected with the said Railway or its 
 branches, or any part of the said undertaking, and may divide the 
 balance among the shareholders. 
 
 LXVIl. And be it enacted. That no dividend shall be paid in 
 respect of any share \intil all calls tluMi due in respect of that and 
 every other share held by the person to whom such dividt'od inny 
 ' be payal>le shall have been paid. 
 
 LXVJII. And be it enacted, Tiiat the joint stock or property 
 of the said Company shall alone be responsible for the debts and 
 engagements of the said Company ; and that no person or persims 
 who shall or may have dealings with the said Company shall under 
 any pretence whatsoever have recourse against t!te separate pro- 
 perty of any of the individual shareholders of the said Company, 
 or against their person or persons, further tiian uniy be necessary 
 for the faithful application of the funds of the said Company ; 
 provided also, that no shareholder of the said Company shall be 
 liable for or charged v.ith llie payment of any debt or demand due 
 from the said Company beyond the extent of his share in the 
 capital of the said Company not then paid up. 
 
 LXIX. And be it enacted, That no suit or action at law or 
 equity shall be brought or prosecuted by any person or persons for 
 any act, matter or thing done muler the authority of tliis Act, 
 unless such suit or action shall be commenced witliin six months 
 next after the ofl'ence shall have been committed, or cause of action 
 accrued ; and the defendant or defendants in sucii suit or aelion 
 may plead the general issue, and give this Act and the special 
 matter in evidence under the said plea, and that the same was done 
 in pursuance and by the antliority of tliis Act. 
 
 LXX. And be it enacted, That if any ])ersou or persons shall 
 wilfully and maliciously, or wantonly and to the prejudice of the 
 undertaking, break, injure or destroy any of tin; works to he made 
 by virtue of this Act, or obstruct the passage of any carriage on 
 said Rail lioad, or in any way spoil, injure or destroy sucli Rail 
 Road, or any part thereof, or anything belonging tliereto, or any 
 materials or implements to be employed in the construction or for 
 the use of the said Rail Road, every such person or jjersons shall 
 be adjudged guilty of felony ; and every person so offending shall 
 be guilty of fidony, aiul being convicted thereof, shall be lia})le to 
 be imprisoned in the Rroviiu-ial Piniitentiary for a term not 
 exceedinu four years, which punishment shall be in addition to any 
 civil or other remedy for such olFence. 
 
 27 
 
 lunatics U) be good 
 discharges. 
 
 A portion of the 
 prolits may be 
 reserved l)efore 
 declnrins,' divi- 
 dends. 
 
 Xo dividend to lie 
 ])ai(l on shares in 
 ari;ar. 
 
 ,Toi:it stork to b<' 
 nlone responsiblis 
 • iir t'.io Company 
 
 TitH'' limiti'd lor 
 briniiiiii,' in-tions for 
 any tiling iloiie 
 under this Act. 
 
 Puiii diniriit fur 
 ninlii'ious acts, des- 
 iroym;,' worlis, &,c. 
 
 I 
 
28 
 
 Act incorporating the European aud N. A. Railway Company. 
 
 Company to have 
 all the ])ower8 of 
 Commissioners of 
 lloads for removing 
 obstruclionB. 
 
 Lefjis'ature may 
 authorize the 
 connexion of otlier 
 llailwavs. 
 
 Act to be void if 
 Railway be not 
 conipk'ieil within 
 ten vetrs. 
 
 Commencement 
 of Act. 
 
 LXXI. And be it enacted, That this Company shall have all 
 the powers and authorities which are or may be given by any Act 
 Of Acts of the General Assembly of this Province to Commissioners 
 of Roads for the purpose of removing any obstruction or for selling 
 or disposing of any articles left on said Rail Road. 
 
 LXXI I. And be it enacted, That the Legislature of this 
 Province may authorize other Companies to connect their Rail 
 Roads v%'it!i the Rail Road of this Company at any points on the 
 route of the said Rail Road, and this Company may connect their 
 Rail Road with any other Rail Road existing or to be constructed 
 within this Province. 
 
 LXXIII. And be it enacted, That the said Company, to entitle 
 themselves to the privileges, benefits and advantages to them 
 granted in this Act, shall and they sire hereby required to make 
 and complete the said Railway within ten years from the passing 
 of this Act, and if the same sliall not be so made and completed 
 within the period before mentioned, so as to be used for the con- 
 veyance and carriage of passengers, goods, chattels, wares and 
 n'ercliandize thereon, then this Act and every matter and tiling 
 therein contained shall cease and be utterly null and void. 
 
 LXXIV. And be it enacted, That this Act shall come into 
 operation and be in force from and after the first day of June next 
 ensuing. 
 
 i 
 
 SCHEDULE A. 
 
 FORM OF CERTIFICATE OF SHARE. 
 
 The European and North American Railway Company. 
 
 Form of Certificate Xumbcr 
 
 This is to certify that A. B. of is proprietor of tiie Share 
 
 {or Shares) Number of the European and North American 
 
 Railway Company, subject to the regulations of the said Company, 
 and upon whicii Shares respectively the sum of has been paid, 
 f'iveu under the Common Seal of the said Company the day 
 of in the year of our Lord one thousand eight hundred and 
 
 SCHEDULE B. 
 
 F O R M OF PROXY. 
 
 FormofTroxy. LA. B., of do hereby nominate, constitute and appoint 
 
 C. 1)., of to be my proxy, in my name and in my absence to 
 vote or give any assent or to dissent from any business, matter or 
 thing relative to the lOuropean and Nort!; American Railway 
 (^ompany, in such mann?r as he the said C I), sluill think proper and 
 for the benefit of the said Company. In witness whereof 1, the 
 said A. B., have hereiuito set my hand (or if a Corporation .say 
 the CouMuon Seal of tlie C\)rporation) the day of one 
 
 thousand e'ght hundred and 
 
 A. B. 
 
 I« i 
 
ny. 
 
 ill have all 
 y any Act 
 imissioners 
 ■ for selling 
 
 re of this 
 tiieir Rail 
 ints on the 
 nnect their 
 onstriicted 
 
 , to entitle 
 5 to them 
 1 to make 
 he passing 
 
 coijipletefl 
 )r the con- 
 vrares and 
 
 and tiling 
 td. 
 
 come into 
 June next 
 
 \pany. 
 
 the Share 
 American 
 ('ompany, 
 been paid, 
 le (lay 
 d and 
 
 d appoint 
 absence to 
 matter or 
 WaiJM-ay 
 |)roperand 
 eof I, the 
 ration ,sai/ 
 if one 
 
 A. 13. 
 
 AN ACT 
 
 TO FACILITATE Tlife CONSTRUCTION OF 
 
 THE EIIBOPEAI AND NORTH AMERICAN 
 RAILWAY. 
 
 Passed 28t/i March 1851. 
 
 BE it enacted by the Lieutenant Governor, Legislative CouHcil 
 and Assembly, — 
 
 1. When the Shareholders of the European and North American 
 Railway Company shall pay in to their Treasurer at least the sum 
 of ten thousand pounds sterling, and it shall be satisfactorily proved 
 to the Lieutenant Governor in Council that such sum has been 
 actually paid in, and is ready to be expended in the construction 
 within this Province of the European and North American Railway, 
 the Province Treasurer shall be authorized by the Liieutenant 
 Governor in Council to subscribe on behalf of the Province for 
 shares in the said Company to the like amount, and in payment 
 therefor to deliver to the said Company special certificates of debt, 
 to be called Debentures, bearing interest at a rate not exceeding 
 six per cent, per annum, the principal money redeemable in thirty 
 years ; and so from time to time when it shall be satisfactorily 
 proved to the Lieutenant Governor in Council that the sums there- 
 tofore subscribed and paid in by the shareholders of the said Com- 
 pany, and (he proceeds of the Debentures previously delivered, 
 have been expended in the construction of the said Railway, and 
 that a further sum of at least ten thousand pounds sterling has 
 been actually paid in by the shareholders, and is ready to be 
 expended in like manner, the Province Treasurer shall be again 
 authorized to subscribe on behalf of the Province for shares in the 
 said Company to an equal amount with the sum so paid in and 
 ready to be expended, and also to pay in full for such shares by a 
 further delivery of Debentures ; provided always, that the amount 
 of shares in the said Company subscribed and paid for by the Pro- 
 vince Treasurer in any one year shall not exceed one hundred 
 thousand pounds sterling, and in the whole shall not exceed two 
 hundred and fifty thousand pounds sterling. 
 
 2. The Debentures shall be in the form in the Schedule annexed ; 
 they shall be signed and sealed by tlie Lieutenant (lovernor, and 
 countersigned by the Provincial Treasurer ; they shall be num- 
 bered consecutively, beginning with number one, and shall be 
 issued for such sums from one Inmdred pounds to one thousand 
 
 When the shaie* 
 liolders pay to tlieir 
 Treasurer £10,000 
 sterling, stock to a 
 lil<e amount to be 
 taken by the 
 Province, and 
 Debentiircs 
 delivered to the 
 Company tor the 
 amount, 
 
 On furtlier par- 
 inents of £10,1)00 
 by the shareholders 
 the like additional 
 amounts of stock 
 to be taken. 
 
 Limit. 
 
 Form, numbers, 
 and amounts of 
 Debenturet, 
 
If 
 
 M 
 
 30 
 
 Interest to be pniJ 
 half yearly in 
 liUndon, New York 
 or ^aiiit John. 
 
 Debentures to be 
 reJeenied in thirty 
 years. 
 
 Certificates of 
 sliares to be hekl as 
 public property ; 
 but no oiintrol to be 
 exercisedor interest 
 receiveci. 
 
 Two Directors may 
 
 he appointed by the 
 Lepisiative Counril 
 and Assembly, 
 
 Application of 
 dividends and 
 disposal ut sliares. 
 
 Kaitli, Credit and 
 Ki'veiuu'^ (it till' 
 Province pledged 
 for the inti-rest and 
 principal of 
 i)eboiiture!. 
 
 Art maj be altered. 
 
 Suspending clause. 
 
 Act to fudUlale the iomtrnction of the 
 
 poumls sterling, as may be deemed expedient ; the interest thereon 
 jjliiill be paid hulf yearly, either in London, New York, or Saint 
 John, at the option of the holder, who shall give to the Provincial 
 Treasurer six months notice in writing at which of the places nanied 
 lie wishes to receive interest on the Debentures he holds ; provided 
 always, that whenever such interest is paid at Xew York, it shall 
 be paid at the rate of four dollars and eighty cents for the pound 
 sterling, and when at Saint John, at the rate of twenty four shil- 
 lings currency for the pound sterling. 
 
 3. The principal money of such Debentures shall be paid in full 
 at the end of thirty years to the then holders thereof, at the same 
 places and on the like terms as the interest is made payable. 
 
 4 The Certificates of Shar 'S in the European and North Ameri- 
 can Railway Company to be from time to time delivered by the 
 said Company to the Provincial Treasurer, .shall be held by him 
 for and on behalf of the Province, as public property; and while 
 such shares are so held, no vote thereon shall be given at any 
 meeting of the Company, nor shall there be any interference with 
 or control over the management or business of the said Company 
 on account thereof by the I'rovincial dtovernment ; provided that 
 the Legislative Council and Assembly may annually by joint Reso- 
 lution appoint two Directors, in addition to the Directors to be 
 annually elected by the stockholders, who shall have the same 
 power and authority as any other Director chosen under the Act 
 of Incorporation ; and no interest shall be paid to or claimed by the 
 Province on sucli shares, in consideration iif their having been paid 
 for in fidl at the time of subscription. 
 
 5. The dividends arising fron» shares in the said Company held 
 by the Provincial Treasurer, shall be a|)plied towards the payment 
 of interest on the said Debentures, and at the expiration of thirty 
 years, when such Debentures become payable, the said shares, not 
 before disposed of, shall be sold and disposed of, and the proceeds 
 applied towards the payment of the sanie ; and tlie faith and credit 
 of this Province, and the ordinary Revenues thereof, and the 
 amount or proceeds of any special impost which may hereafter be 
 levied and collected for tiie purpos'i of paying oQ" such Railway 
 Debentures, and the interest thereon, shall be and are hereby 
 declared pledged to any and every h(»lder of the same for payment 
 of interest as it becomes due, and for payment of the principal 
 money at the expiration of the time limited for payment of the 
 said Debentures, as they severally fall due ; provided that there 
 shall be no sale !)y the Province of any shares so held, below the 
 j)ar value, until after the expiration of ten years from the time 
 of the first subscription for Stock by the Province Treasurer. 
 
 (5. This Act mtiy be altered or amended during the present 
 Session of the Ijegislatnre. 
 
 7. This Act shall not come into operation or be in force until 
 Her Majesty's Royal approbation thereof be first had and declared. 
 
European and North American Railway. 
 
 31 
 
 SCHEDULE. 
 
 [L.S.] BRITISH NORTH AMERICA. 
 
 Six per Cent. Stock of the Province of New Bruns<wick. 
 
 No. Certificate for £ Sterling. 
 
 This is to certify tlmt there is due from the Province of 2\e\v 
 
 Brunswick to the holder of this Certificate, hundred pounds 
 
 sterling, to be paid in [jondon on tiie — • — day of A. D. 
 
 188 , or in the Cities of New York, or Saint John, N. B., at the 
 option of the holder, on six months previous notice being given by 
 hitn to the Treasurer of the said Province. 
 
 This Certificate bears interest at the rate of six per cent, per 
 annum, payable on presentment thereof half yearly in Ijondon, on 
 
 the — — day of — — and the day of — — in each year, or 
 
 on the same days in the Cities of New York, or Saint John. N. B., 
 at the option of the holder, on six months previous notice being 
 given by him to the Province Treasurer of his desire to be paid 
 interest at either of those places. 
 
 In testimony w-hereof, the Lieutenant Governor of the Province 
 of New Brunswick, on behalf of the said Province, and by virtue 
 of the authority vested in him by an Act of the General Assembly 
 of (he same, intituled An Act to facilitate the construction of the 
 European and North American Railwai/, which Act has been 
 approved and allowed by !Ier Majesty, has hereunto set his Hand, 
 and affixed his Seal of Ofllce, at Fredericton, in the Province of 
 New Brunswick, this day of , A. I). 18.5 . 
 
 Form of 
 Debentures. 
 
 Countersigned by the > 
 Provincial Treasurer, y 
 
 (Signed)